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2017-10-24
Meridian City Council Meeting Agenda Tuesday, October 24, 2017 – 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. 1. City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, October 24, 2017 at 6:00 PM 1. Roll-Call Attendance X Anne Little Roberts X Joe Borton X Ty Palmer X Keith Bird __O__ Genesis Milam __X___ Luke Cavener O Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Larry Woodard with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) This time is reserved for the public to address their elected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/development application. By law, no decisions can be made on topics presented under this public comment section, other than the City Council may request that the topic be added to a future meeting agenda for a more detailed discussion or action. The Mayor may also direct staff to further assist you in resolving the matter following the meeting. 6. Consent Agenda Approved as amended A. Approve Minutes of October 10, 2017 City Council Workshop Meeting B. Approve Minutes of October 17, 2017 City Council Regular Meeting C. PrimePay Benefit Services Agreement D. Approval of PO #18-0057 for three (3) – 2018 Chevrolet Tahoe 4WD PPV to Kendall Superstore for the Not-to-Exceed $111,408.96. This PO is issued in conjunction with Idaho State Purchasing Contract # SBPO16200405 date April 26, 2017 CITY COUNCIL REGULAR AMENDED MEETING AGENDA Meridian City Council Meeting Agenda Tuesday, October 24, 2017 – 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. E. Approval of PO #18-0058 for Fire Plan Review and Inspection Services FY18 to Jackson Code Consultants, Inc. for the Not-to-Exceed amount of $415,642.92. This Purchase Order is issued in conjunction with the Professional Services Agreement with Jackson Code Consultants, Inc. dated Sept. 1, 2015 F. Approval of PO #18-0059 for Plumbing Plan Review and Inspection Services FY18 to DMH Enterprises for the Not -to-Exceed amount of $191,100.00. The Purchase Order is issued in conjunction with the Professional Services Agreement with DMH Enterprises dated Sept. 1. 2015 G. Approval of PO #18-0061 for Electrical Plan Review and Inspection Services FY18 to Idaho State Division of Building Safety for the Not-to-Exceed amount of $159,249.96. This Purchase Order is issued in conjunction with the Professional Services Agreement with the Idaho State of Building Safety dated Sept. 1, 2015. H. Approval of PO #18-0062 for Mechanical Inspection Services FY to Idaho State Division of Building Safety for the Not-to-Exceed amount of $286,650.00. This Purchase Order is issued in conjunction with the Professional Services Agreement with Idaho State Division of Building Safety dated Sept. 1, 2015 I. Approval of PO #18-0068 for Building Inspection Services FY18 to Idaho State Division of Building Safety for the Not-to-Exceed amount of $695,884.12. This Purchase Order is issued in conjunction with the Professional Services Agreement with the Idaho State Division of Building Safety dated Sept. 22, 2015 J. Approval of PO #18-0069 for Commercial and Residential Building Plan Examiner Services FY18 to Idaho State Division of Building Safety for the Not-to-Exceed amount of $219.752.88. This Purchase Order is issued i n conjunction with the Professional Services Agreement with Idaho State Division of Building Safety dated Sept. 22, 2015. K. Approval of Award of Bid and Agreement to ANDERSON & WOOD CONSTRUCTION CO. for the TODD WAY & SANDALWOOD STREET LIGHTING project for a Not-To-Exceed amount of $141,095.25. This project is funded by a Community Development Block Grant (CDBG). L. Approval of Agreement to ACCELA for the Maintenance Agreement for a Not-To-Exceed amount of $43,765.11. M. Third Addendum to Development Agreement for Brickyard Subdivision (MDA-H-2017-0107) with Blue Marlin Investment, LLC (Owner) and Fig Village at Center Point, LLC (Developer) The site consists of 12 lots (lots 9 - Meridian City Council Meeting Agenda Tuesday, October 24, 2017 – 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. 11, Block 1 and Lots 16, 19-26, Block 2) in Centerpoint Subdivision No.2, zoned C-G N. Vicenza Commons Subdivision Water Main Easement O. Vicenza Subdivision No. 3 Sanitary Sewer and Water Main Easement #1 P. Vicenza Subdivision No. 3 Water Main Easement #2 Q. Kenner's Subdivision - Vacation and Release Water and Sewer Easements R. James Court Pedestrian Pathway Easement #1 S. James Court Pedestrian Pathway Easement #2 T. James Court Pedestrian Pathway Easement #3 U. James Court Pedestrian Pathway Easement #4 V. James Court Pedestrian Pathway Easement #5 W. Utility Easement from City as Grantor to Century Link as Grantee at City Well Lot #16 X. AP Invoices for Payment - $2,968,711.33 Y. Amended onto agenda: Approval of PO #18-0088 to Advanced Systems Group for SAN Replacement Equipment for a Not-to-Exceed Amount of $321,000.00 7. Items Moved From the Consent Agenda 8. Community Items/Presentations A. Community Health Presentation by Blue Cross B. Historic Preservation Commission Update Ordinance No. 17-1752: An Ordinance Amending Title 2, Chapter 3, Section 5, Meridian City Code, Regarding Meeting Days and Times of The Historic Preservation Commission; Providing for a Waiver of the Reading Rules; and Providing an Effective Date. Approved 9. Action Items Meridian City Council Meeting Agenda Tuesday, October 24, 2017 – 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. 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. The City Council may move to continue the item for additional information or vote to approve or deny the item with or without changes as presented. The Mayor is not a member of the City Council and pursuant to Idaho Code does not vote on public hearing items, unless to break a tie vote. A. Final Plat for Bainbridge Hess Subdivision No.1 (H-2017-0133) by Brighton Investments LLC located approximately ¼ mile south of W. Chinden Blvd. and east of N. Blackcat Rd. Continued to November 8, 2017 B. Final Plat for Castlebridge Subdivision (fka Kingsbridge) (H-2017-0135) by Jarrod Langston located at 3475 E. Falcon Drive Continued to November 8, 2017 C. Public Hearing for Aegean Estates (H-2017-0114) by Premier Investments, LLC located East of N. McDermott Road and South of W. McMillan Road Approved 1. Request: Annexation and Zoning of 65.3 acres of land with the R-4 (25.79 acres) and R-8 (3.76 acres) zoning districts 2. Preliminary plat consisting of 215 single-family residential building lots and 22 common lots on 62.7 acres of land in the R-4 and R-8 zoning districts D. Public Hearing for TM Creek Apartments (H-2017-0124) by SCS Brighton, LLC generally located South of W. Franklin Road and East of S. Ten Mile Road Approved 1. Request: amendment to the development agreement to change the development plan for an 8.16 acre portion of the site from commercial retail to multi-family residential 2. Request: amend Unified Development Code 11-4-3-27B.3 to change the minimum private usable open space for each multi-family unit from 80 square feet to 60 square feet. Not approved. Staff recommends changing a different section of code. Meridian City Council Meeting Agenda Tuesday, October 24, 2017 – 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. 3. Request: conditional use permit for a multi-family development consisting of 240 residential dwelling units on 8.16 acres of land in a C-G zoning district E. Public Hearing for Madden Subdivision (H-2017-0121) by Kobe, LLC located at the Northeast Corner of Locust Grove and E. Franklin Road Approved 1. Request: combined preliminary and final plat consisting of 3 commercial lots on 8.3 acres of land in the proposed I-L and C-G zoning districts F. Public Hearing for Pond Subdivision (H-2017-0115) by Schultz Development located at 2980 N. Meridian Road Approved 1. Request: preliminary plat consisting of 21 building lots and 5 common lots on 4.82 acres of land in an R-8 zoning district G. Public Hearing for 2017 Comprehensive Plan Text Amendment (H-2017- 0113) by City of Meridian Continued to February 6, 2018 1. Request: Comprehensive Plan Text Amendment for the purpose of 1) updating the text and policy statements (Goals, Objectives and Action Items) contained in the plan; 2) add text that identifies the Southern Rim; and 3) update the current version of the Existing Conditions Report (ECR) 10. Future Meeting Topics Adjourned at 9:33pm Meridian City Council October 24, 2017. Bird: I will call the regularly scheduled meeting of the Meridian City Council for Tuesday, October 24th, 2017. It's 6:01. And we will start with roll call, please. Roll-Call Attendance X Anne Little Roberts X Joe Borton X Ty Palmer X Keith Bird __O__ Genesis Milam __X___ Luke Cavener O Mayor Tammy de Weerd Bird: Thank you. Now, if everybody would stand and join us in the Pledge of Allegiance. (Pledge of Allegiance recited.) Bird: Our community invocation by Mr. Woodard from Ten Mile Christian Church. Nice to see you again, Larry. Woodard: Good to be here. Almost changed my prayer after I read in the paper about that escaped convict from Caldwell that killed two of our citizens. When are they going to go to jail? That has nothing to do with my prayer tonight. I was just -- that was a freebie. Our dear Heavenly Father, again, we take up significant city business and we pause to thank God for the many blessings we enjoy in Meridian. We thank you for our Mayor and this Council, who give much of their time ensuring that Meridian is a safe and enjoyable city in which to live. The fact that we are one of the fastest growing cities in the nation is a reflection of all the good things this Council has done. Tonight as we bow our heads to you, we are well aware of other cities which have problems well beyond ours. Sonoma, which was ravaged by wildfire. Houston, which experienced record flooding. San Juan, Puerto Rico, which was flattened by a hurricane. We pray tonight for these cities. Our nation, state, and this city is facing a growing challenge of illegal drugs. With these drugs other crime seem to manifest and we ask that you protect our men and women in blue who work daily to keep us safe from this epidemic. Elections are coming up within a few weeks and we pray for those who are elected by our citizens to lead this city during the next few years. May they be the best leaders possible. Our youth remain a concern for us as they prepare for adulthood. Help our teachers and administrators as they mold them to be good citizens in the future. May we as citizens look ahead and provide the buildings and facilities to house our youth during their school times. Tonight as I close I pray for the 133 new people who will be making this city their home before the next City Council meeting. May they find friendly people, good schools, safe roads, houses of worship and this Council ready to help in their transition, in Jesus' name, amen. Bird: Item No. 4, the adoption of the agenda. Mr. Borton. Borton: Mr. President. On Item 6-Y we will be adding onto the agenda -- the Consent Agenda a PO approval for PO number 18-0088 to Advanced Systems Group. Item 8-B is proposed ordinance 17-1752. And with those changes I would move that we adopt the amended agenda. Cavener: Second. Bird: Okay. We got a motion and a second to adopt the agenda as amended. All in favor say aye. Any opposed? MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Do we have anybody -- Coles: We did, Mr. President. We had two sign up under a topic discussion of process. Denise Hansen -- and, I apologize, I can't read the last name after Hanson and Nicholas Geppert. Bird: Come forward. LeFever: I am Denise Hanson LeFever. I'm at 6706 North Zalvia Way, Meridian, Idaho. And what I want to talk about real quick today is -- I have had the opportunity to sit through Planning and Zoning meetings for months now and come to City Council meetings and I'm really enjoying learning the process and I have had an opportunity to talk to Brian, Bill, Caleb, and Joshua, they are absolutely wonderful staff, and I have gone to coffees and other things and this is a very open community and very approachable and very enjoyable. So, what I'm going to say is not -- it's just an enhancement on what everybody's already doing and I'm very pleased that -- I have also gone to neighborhood meetings and I have also gone to homeowners meetings and it's really clear that not everybody in the community understands the process and when I made a comment to that to Caleb, whala, here was -- here was a memo you guys are working on and it's very commendable and they went one step further to go back through and say, hey, take a look at it and edit it. Very, very great Planning and Zoning staff you guys have here. So, what I wanted to talk about was -- I would really like to see, basically, the city really embrace social media to some more fuller extent and using NextDoor, Facebook, e-mails -- I think that would really help with the community and especially in the process if it starts at the neighborhood meeting announcements and goes forward. It's -- it's very difficult to sit through these meetings and have -- see nobody shows up at the neighborhood meetings and, then, the wind gets out that there is something going on and, then, the developer has spent money on something and it -- and they have these people in a room. So, I think a lot of that could be fixed with using social media. I think the Planning and Zoning has got that in their hopper, I'm just throwing it out there. In addition to that, when I talked to Brian he also said that they were working on the GIS interactive map. That is something I would like to see resources spent on, as far as getting that map up. Of course, with resources and technology, I know it's very expensive, but it would be really great if those maps would go back through and have parcel counts, acres, site addresses, subdivision name, school names, flood district, highway, urban renewal sections in them, links to the flood maps, links to the highway district, owner name, tax information, current zoning, future zoning, county or city, which -- which area they are in, if they are incorporated or not incorporated into the City of Meridian. Planning and Zoning documents, if they could be tied to that. So, you can have one spot that you could see the applications, the designs, see elevations, the deeds -- the deeds, liens on the property, building permits and fire stations and I know you guys are all working on stuff like that. I would be really excited to see the city really embrace that technology if possible. So, once again, it's a commendable job the Planning and Zoning is doing. Very enjoyable process. Bird: Thank you very much. We appreciate it. Coles: We also had Nicholas Gephardt sign up as well. Bird: Thank you. Is that all? Item No. 6, Consent Agenda. Borton: Mr. President? Bird: Mr. Borton. Borton: I would move that we approve the Consent Agenda as published, with the inclusion of item Y, that's the approval PO 18-0088 and for the President to sign and the Clerk to attest. Cavener: Second. Bird: We got a motion and a second to approve the amended Consent Agenda. Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milamm, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALLL AYES. Bird: Okay. We have nothing moved from the Consent Agenda. Bird: So, we are going to community items. Item A is Community Health Presentation by Blue Cross and I think the young lady is here to do it. Witt-Doyle: Thank you, Council President, Council Members. My name is Kendra Witt- Doyle. I'm the executive director of the Blue Cross of Idaho Foundation, which is located at 3000 East Pine Avenue here in Meridian . I'm here today to give a presentation that I gave at the Association of Idaho Cities conference. Mayor Tammy attended this presentation, along with Council Member Little Roberts, and after I gave the presentation Mayor Tammy asked me if I would ever be willing to come in and present this to the Council Members here in Meridian and I said gladly, definitely. So, we set a date and I'm here to give you a -- I will try to make it as brief as possible on a topic called Healthy People, Healthy Economies. This is a topic that has fascinated me for quite a while. So, a little bit about the Blue Cross of Idaho Foundation. We are actually a separate entity from Blue Cross. We are private, nonprofit foundation, that was set up by Blue Cross in 2002, really with the mission to build a healthier Idaho and we do that through engagement, partnership and creating transformational solutions that can impact health here in Idaho. So, we are a statewide foundation working across the state. We really work from the motto that we are transformational, not transactional. So, we are not just a check writer, we are really looking for solutions that can impact health in a sustainable capacity moving forward. So, with that being said, I'm a public health person by trade and the thing I find really, really fascinating is the causes of death, of comparing those in 1900 to today. Really it was around 2010. We can call it today. Back in 1900 what human beings died of was really infectious diseases. These are things such as pneumonia, influenza, tuberculosis. Today we have seen a shift to chronic diseases, things such as heart disease and cancer that are largely preventable. So, the thing that I find really fascinating again is back in the early 1900s the control of infectious disease can really be largely contributed to three things that kind of happened symbiotically at the same time. There was vaccinations, antimicrobial medicines started to come out, and we also started to improve sanitation and hygiene and at that time cities played a very significant role in improving health and really reversing this trend in sewage disposal, water treatment, solid waste. So, at that time cities played a very vital role in public health. Cities still play a very vital role in public health today and I'm going to really start to make that case and present some information for you. So, when I think about today's health system and helping the whole, I think of an analogy that I call the stream analogy. So, we have a stream and one day villagers see babies floating down the stream. They are struggling, they are trying to get out, but what do the villagers do? They jump in and they start scooping out the babies. They even put up a net to catch these babies; right? Make it easier to scoop them out. But several villagers stopped and wondered what's causing the babies to fall in in the first place? So, several of them went upstream and what did they find? They found a monster throwing in the babies. The villagers said let's go conquer that monster and stop the babies from falling in. They still kept the net, but they said we also have to go stop this monster to stop the babies constantly falling in. So, the villagers went upstream and they scared the monster, killed the monster, however we want to refer to it. and I love this analogy, because health is an oUDCome and we don't talk enough about what creates or causes health. What are those upstream issues that are causing people to fall into the river? We are doing a great job at scooping people out. We are spending a lot of money scooping people out of the river. We are not spending tons of money looking at the upstream issues of what's causing them to actually fall in in the first place . So, another analogy that we really use to drive our work at the foundation is what I call the cliff analogy or the cliff of good health. I did not invent this, a very smart person at the Center for Disease Control and Prevention actually created this analogy, but it really relates to health, that we have someone going along and we have a negative health event. We fall off the cliff and we hit the bottom. Well, what is the -- what's today's solution? Is we frequently put an ambulance at the bottom of the cliff to pick people up and take them to the doctor or the hospital system. One solution, too, is that we put up safety nets where we try to catch people before they ever hit the bottom. Or even safety nets that can act as trampolines where we try to bounce people back up to the top of the cliff. Right? The issue with that is people can yo -yo, they can come up, they can fall down, they can go up, they can fall down. We can put a fence up to prevent people from ever falling off in the first place. Primary prevention. The tendency is that people can still butt up right up against that fence. So, the goal is to try to back them up as far as possible. This is really where we drive our work under the foundation is trying to back people up as far as possible from that fence. The issue is not all communities are the same. You're going to hear me talk about -- in just a few slides here -- that are zip code predicts our health more than our genetic code. Where we live greatly impacts our health and that's due to differences in exposures and opportunities, could be differences in care. There is a variety of things that can contribute to this. So, what makes us healthy? Actually, only ten percent is related to access to care. But yet we are spending 88 percent of our funds on the actual medical services. Twenty percent is genetics, 20 percent is environment, and 50 percent is healthy behaviors. I want to put a word of caution there. Healthy behaviors and environment are really interconnected. The two are so interconnected if you don't have the options to go be healthy and your environment doesn't support that, that healthy behavior is going to be very, very hard to embrace. So, if all you have is fast food restaurants in your community, it's going to be very hard to choose healthier options if you're choosing to eat out. So, how your environment is structured in the options that it gives you impacts your healthy behaviors and the lifestyle that you choose. So, a tagline I say over and over -- and it's probably my sounding board -- is that help doesn't happen in a doctor's office. The doctor's office is the end oUDCome. Health starts where we live, learn, work and play and that's something that we really, really focus on at the Blue Cross of Idaho Foundation, because our ZIP code predicts our health more than our genetic code. I'm going to show you some data here that I think is really startling and I have even pulled some Idaho statistics around this. I don't want to just pick on Idaho. So, this is Kansas City, Missouri. These are zip codes in Kansas City. You can see the pink there, the life expectancy is 70 to 72 years and, then, we have some dark blue up above where the life expectancies is 80 to 83. You can see trends similar to this across all of the United States of where different zip codes have different health oUDComes, different life expectancies. We are not unique. And this is because when we think of health it's really an ecosystem over income, education, community infrastructure, and health are all interconnected and we have to brace that interconnectedness to ever improve health in our state and as a country. So, here is a great one. Lower-income individuals are a higher risk of having diabetes. This is actually West Virginia's data, but I'm sure we would find something very similar here in Idaho. So, we have actually recently purchased a platform at Blue Cross of Idaho called the Community Health Management Hub that takes our claims data and it starts to drill it down and overlap it with some of these community things, like education, like income. If the video plays I will show you. If it doesn't I will let it go. I will blow it up here and I will show you the video around this new platform that we purchased. Volume. If we don't see it I will skip it. (Video played.) Witt-Doyle: So, this is knew. We have just been starting to play around with this platform, but what I did do is I very -- I pulled Idaho data, specifically around hypertension. So, I put hypertension and started looking at it across the zip code and I ran into polls in some cities across Idaho. So, we have Ketchum -- and, granted, this is just Blue Cross of Idaho claims data at this point, so it's Medicare and Blue Cross of Idaho claims. 2.5.3 percent in hypertension in Ketchum. Income per capita close to 49,000. All the way down to Elk City, they are close to 13 percent with hypertension and an income per capita around 16,000. So, we are seeing, again, very similar trends here in Idaho that we are seeing nationwide. And, again, I talk about this all the time, it's really this ecosystem that income, education, and community infrastructure are all tied to health. One thing that really fascinates me is if we create healthy people how does that drive help the economy and this has been a discussion and there is a lot of anticdotal evidence that the two are interconnected and the research is really starting to come out driving healthy people and healthy economies and how the two are interconnected. So, again, the Blue Cross-Blue Shield Association actually put together a report called healthy people, healthy economies, and what they did is they took claims data from across the entire county and they put it into a really fancy equation to get a health index totaled or scored and is what they really found is that as health increases, income per capita increases. As health status increases, so does average annual pay. As health increases unemployment drops. As health increases the GDP per capita increases. This is one of the first reports really starting to link the two of how economies and how -- are interconnected and it's a really wonky statistic full of data report, but, really, the conclusion is that healthy areas tend to have faster job growth, population growth, and income growth, compared -- compared with the areas with similar demographics in the same state. So, that's similar demographics. They are not taking a lower income neighborhood and comparing it to a higher income neighborhood. So, what I really talked about at the Association of Idaho Cities is the role of cities. They played a role in the early 1900s in public health and they play a very vital role today in improving health. Because health doesn't happen in a doctor's office, it starts in our communities and elected officials have the capability to be part of the solution. This can occur through your comp plans, your urban design plans. There is so many things of creating access, to safe routes to schools, building the infrastructure that really creates that healthy community and the data is really starting to pop up as we start to build this healthy community it will drive a healthier economy. Again, that data is very new, but that's starting to be what it's pointing to. And that was the presentation that I was asked to repeat here. I can stand for questions if -- if we have time, President. Bird: We do. Any questions, Council? Fitzgerald: Mr. President? Bird: Mr. Cavener. Cavener: Kendra, thanks for the presentation. You are somewhat of a subject matter expert on some of this stuff, so what are -- what are recommendations that you would make to the City of Meridian? What are the things that we need to be looking at doing differently, what are the things that we need to be continuing to do that are great and what -- if you had a magic wand, what are the things you would love to see implemented? Witt-Doyle: Oh, gosh. Council Member Cavener, that's a loaded question. I think -- you know, it depends. I am not a one size community fits all. We do go in and work with a lot of communities. We really sit down and look at what are the assets of that community, what can you build on within that community and, then, where do you have opportunities, where are some of those gaps that you could fill in. You know, I really don't -- I keep -- don't have a clear cut answer until I dive into your Comprehensive Plan a little bit deeper and see where you're doing well and maybe where there are some gaps to get filled in. Cavener: Fair enough. Witt-Doyle: Walkable communities are a great place to start. Bird: Any other -- Little Roberts: Mr. President, Kendra -- Bird: Mrs. Little Roberts. Little Roberts: I would just like to say thank you. I mean it feels like you shortened down a little bit for us -- Witt-Doyle: I tried to get through for you guys. I know you have a full agenda. Little Roberts: But thank you very much. That was wonderful. I think it's something that we really need to pay attention to and it's nice to -- to have the numbers to go with it. So, thank you for all that you're doing and all that Blue Cros s does. Witt-Doyle: Yeah. Thank you, Council Member Little Roberts. Bird: Thank you very much for your presentation. We appreciate it. Witt-Doyle: Thank you. Bird: Council, the Historic Preservation Commission. Mr. Johnson. We got a whole -- we are getting triple played here. Johnson: Councilmen, my name is Blaine Johnson. I'm president of the Historic Preservation Commission. I reside at 6138 North Tamil here in Meridian. Take this opportunity to come forward this evening. I have two things to talk about today. First of all, regarding the ordinance that's before you, when I first joined the commission our meetings ran for about an hour and, then, were over. Over the past years our meetings have grown to hour and a half, two hours and sometimes longer than that. So, we are asking for a change in time, so that we can start at an earlier time, so our commission members can get home at a decent hour. So, that's the first thing. Secondly, talk to you -- if Hillary is ready -- most of you know we have a tour buddy out. Four star cones. And with that we are rolling out a tour coin, so that as you go through the tour and look at part of this -- this is an EF1 house and you read through this, at the bottom you're going to be asked a question and as you go through and you answer all these questions, at the end -- oh, I got it wrong. So, I'm going to try it again. Well, we get a sticker. So, our hope is that as people go through the tour and they answer the questions, then, we know who that is and we are going to award each of those people a coin. Mrs. Jones is going to present each of you with that coin right now. So, with that I will stand for questions or -- I don't know if you can vote on the ordinance now or if you have to put it on your Consent Agenda. Bird: We can certainly go through the -- some questions and stuff and, then, I think we can also -- Bill, if I'm right, we can pass the ordinance, too. Nary: Mr. President, yes, you can. Bird: Because it is listed on the agenda. Are there any questions for the people? Cavener: Mr. President? Bird: Yeah, they can talk just fine. Cavener: Not a questions, just a comment. This walking tour -- I know that Jacy has been working on for a number of years, I remember when it was in its infancy, some four, five, six years ago and it's exceeded all the expectations. This is really truly remarkable. I never thought in a million years that we would have an app that's this interactive and the coin. What an incentive for people to -- to want to engage in this tour. So, a job well done. Thank you for sharing that with us and thank you for the coin tonight. That's very kind of you. Johnson: If you look at the coins, we ordered 300 coins. The first 300 are numbered. So, you have a numbered coin. It's on the edge. And we will go through and -- we haven’t made a decision yet if the next 300 if we are going to number them or just let the first 300 to the numbered set. Cavener: If they want them they need to get to work. Johnson: Correct. Cavener: All right. Johnson: That's all I have right now. So, thank you very much. Bird: Thank you guys very much. Appreciate what you do for us. C.Jay, if you wouldn't mind, Mr. Clerk, reading Ordinance 17 -- Nary: Mr. President? Bird: Oh, yes. Nary: Before you do that I wanted to make one more comment. I don't think I heard Mr. Johnson say -- this is not just a time change, it's a day change as well. Currently the Historic Preservation Commission meets right after the arts commission and sometimes their meetings have run long and so, then, again, it extends the evening, so this is a different day. It's the fourth Thursday instead of the second Thursday, as well as the earlier time and he may have said it and I missed it, but I just want to make sure that was on the record. Bird: Thank you very much. If you would read the ordinance by title only. Coles: Thank you, Mr. President. City of Meridian Ordinance No. 17-1752, an ordinance amending Title 2, Chapter 3, Section 5, Meridian City Code, regarding meeting dates and times of the Historic Preservation Commission, providing for a waiver of the reading rules and providing an effective date . Bird: Okay. You have heard that by title only. Is there anybody that would like to hear the ordinance in its entirety? Seeing none, I would entertain a motion. Little Roberts: Mr. President? Bird: Mrs. Little Roberts. Little Roberts: I move that we accept the proposal proposed 17 -1752. Cavener: Second. Bird: With suspension of rules. Little Roberts: With suspension of rules. Cavener: Second. Bird: Okay. We have got a motion and a second. Mr. Clerk, would you call roll. Roll call: Bird, yea; Borton, yea; Milamm, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Okay. We will move into Action Items. Item A is a final plat for Bainbridge Hess Subdivision and it has been requested to continue to November 8th. Council, I without objection, if you have no objections, I would entertain a motion to continue this. Borton: Mr. President? Bird: Mr. Borton. Borton: I move that we continue Item H-2017-0133 to November 8th, 2017. Little Roberts: Second. Bird: I have a motion and a second to continue this to November 8th, 2017. All in favor say aye. Any opposed? Okay. Carries. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Item B has also being the applicant requests a continuance of H-2017-0135 until November 8th, 2017. Council, without any objection I would entertain a motion to continue this. Borton: Mr. President? Bird: Mr. Borton. Borton: I move that we continue Item H-2017-0135 to November 8th, 2017. Little Roberts: Second. Bird: Got a motion and a second to continue H-2017-0135 to November 8th, 2017. All in favor say aye. Any opposed? Okay. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Item C, public hearing H-2017-0114, by Premier Investments. I will open the public hearing and Josh -- or Bill. Haven't seen you for a day or two. Parsons: Thank you, Mr. President, Members of the Council. I am filling in for Ms. Allen this evening, so bear with me. So, the first item on the agenda for you to take into consideration -- or the third item I should say is the Aegean Subdivision. Before I get into my presentation I would like to make a clarification for Council that the item as noted on the agenda does not accurately reflect the correct zoning acreage that's before you that I'm going to show you in presentation, but I believe with my presentation that I share with you tonight it should clarify that error, so I wanted to go on record and let you know that the -- with the Aegean Subdivision the R-4 portion is actually on the agenda. It's noted as 25.79 acres. It's actually being annexed with 28.81 acres and the R -8 portion is actually 36.5 acres and notes on the agenda is the 3.7 acres. So, there was a -- a staff error on that, so I just wanted to go on the record and make that clarification for the folks in the audience and those watching at home and for you as well as you take this under consideration this evening. Bird: Thank you, Bill. Parsons: You're welcome. So, this application before you is for annexati on and preliminary plat. The site consists of 6.27 acres of land. It's currently zoned RUT in Ada county and is located on the east side of North McDermott Road and a quarter mile south of West McDermott Road here. As you can see here. So, the property was just directly south of the Oaks South Subdivision that was approved back in 2013. The applicant requests annexation of approximately 65.31 acres of land. Again with R-4 and R-8 zoning districts. The R-8 will approximately encompass 28.8 acres of land and the R-8 zone will be 36.35 acres of land and the future land use map -- or future land use designation on this property is medium density residential. So, the two requested zoning designations do comply with the medium density standards in the Comprehensive Plan. Again, we anticipate densities between three and eight dwelling units to the acre. The preliminary plat that is before you consists of 215 single family residential lots for a gross density of 3.43 acres of land. So, again, it's 3.43 dwe lling units to the acres. So, that is on the lower side of that density range, but it does fall within the stated parameters as I just alluded to you. A DA is recommended as a -- as a provision of annexation and those DA provisions are included in Exhibit B of the staff report. So, we have one -- the preliminary plat again consists of 215 single family lots -- residential lots. Minimum property size consists -- range from 5,603 square feet up to 8,355 square feet and the subdivision is proposed to devel op in five phases. One access is proposed from McMillan Road -- or, excuse me, McDermott Road, which is just south of The Oaks development and, then, when The Oaks South development came in there was actually a stub street along -- in the northeast corner of the development that will also be extended with this -- this subdivision. The Five -- Five Mile Creek runs along the north boundary here. That was enhanced. At least a portion of it was improved with the Oaks South development and has a multi-use pathway on that site, but because the site does abut the Five Mile Creek some of this property is located within the flood plain, so that will have to be addressed at final plat and meet our flood plain administration -- or flood plain ordinance as well. A 25 foot wide landscape buffer is required along McDermott Road. However, the applicant is proposing a 50 foot wide landscape buffer and the majority of that region is because at some future date ITD anticipates expanding the future Highway State 16, which is just to the west of this property, so the applicant wants to make sure that there is adequate landscape buffer there and berming to screen those single family homes up against that -- that future right of way or future highway, so they have gone above and beyond what the code requires. The applicant is also proposing 7.6 -- or 7.06 acres of common open space, which is in excess of the UDC, which typically would require 6.27 acres. The proposed amenities for the development consist of internal pathway, a playground with children's play equipment, picnic shelter and a gazebo in accordance with UDC standards. The applicant also provided you with sample elevations this evening for your consideration. There is a mix of building materials and stone and stucco veneer accents and these are things that are being addressed in the proposed development agreement. I did have a question this evening before the meeting started and it looks like this is a -- VRT did provide comments on this application and they are requesting that the applicant coordinate with them with the future transit stop. So, I did -- that's something unique for the City of Meridian, so I did want to pass that information along to you as well as you take this under consideration this evening. So, the Planning and Zoning Commission did recommend approval of this project at their hearing. Testifying in favor was Becky McKay, the applicant's representative. Commenting on the application was Jacob Lusard, Valley Regional Transit. Mike Weaver Janice Richardson. They also provide written testimony on the application and, then, Becky McKay provided written testimony as well on the application. So, key items of public testimony at the hearing, Mr. Weaver had stated that he would like single family homes up against his boundary and this is Mr. Weaver's property here right located adjacent to the southwest corner and he wanted homes to be single family along this boundary of his property and, then, also there was a desire, because the Five Mile Creek is kind of a riparian area or a nice natural creek, that that remain natural and maintained for -- while a green belt be improved as a water amenity. So, key items that the Commission discussed. Again, more open space. So, something that's transpired or changed from P&Z until -- and what's currently in front of -- in front of you this evening, P&Z -- originally at P&Z this location, the northeast corner of the development, there were actually two common lots -- or two buildable lots that were part of this common open space. Commission felt that that didn't look appropriate. They wanted to see a little more open space for this proposed development. So, the applicant went back and provided you a revised plat this evening where they removed the building -- buildable lots and increased the open space per Commission's recommendation. So, I wanted to pass that along to you as well. The other thing that was brought up was transition the lot sizes. Again, that was one of the concerns. Mr. Weaver brought up and the Commission took that as part of their deliberations, as well as what -- is this the appropriate lot sizes up against five acre of property in Ada county. So, again, the only change by the P&Z Commission was the loss of those two lots. Now, keep in mind that the applicant was to keep -- allowed to keep their overall total of 215 lots, but, again, it was the intent of the Planning and Zoning Commission to increase the open space for this development in which the applicant did. So, there is only one outstanding issue and it's not really an outstanding issue, it's just the fact that the applicant is requesting that a waterway remain open and unpiped and that is running along this boundary here. I believe this southwest corner here they are asking for that waterway to remain open per UDC and the applicant did provide written testimony to the Commission and they are asking for a condition -- or to Council to consider the applicant to enter into a reimbursement agreement for the sewer trunk or the trunk extension along -- at McDermott road frontage. What I have here or what you have in your hearing outline currently is code doesn't support that request, but I at least just want to go on the record that's something that you -- they want you to take under consideration and I know Warren may want to chime in and give you some background on that as well. Other than that, staff is recommending approval -- or P&Z is recommending approval, that's my presentation and stand for any questions you may have. Bird: Council, any question for staff? Is the applicant here? McKay: Thank you, Mr. Chairman, Members of the Council. Becky McKay, Engineering Solutions. 1029 North Rosario, Meridian, business address. I'm here representing Premier Investments on the Aegean Subdivision. As Bill indicated, the property is located just south of the Oaks South Subdivision, which is currently under construction into its phase six. It is on the east side of McDermott Road and lies adjacent to Five Mile Creek along the south side. To remind you that the multi-use pathway for Five Mile Creek is on the north side. On the south side is the Nampa- Meridian Irrigation District gravel access road. In my conversations with Greg Curtis, he's indicated that the city picked the north side, so don't -- don't anticipate having a pathway on the south side. That's our access road. But, obviously, people still use it, walk their dogs, bike, but he wouldn't let me put any micropath connections to it. Here is an aerial photo. A small portion of this property lies within the flood plain and the flood way of Five Mile Creek. That area along Five Mile Creek has been mapped by Carl Gephardt when we did Oak South, so the base flood elevations have been established. The flood way bubbles out right at -- kind of at McDermott Road and that's due to the size of the culvert as it goes under McDermott. That's why you see we left a significant amount of open space on the north side of our collector roadway. We have one access to McDermott that is a collector. It comes in and we would have manicured landscaping. Then to the north of that we would have, obviously, the gravel Nampa- Meridian access roadway. Our pump station will be located right there adjacent to Five Mile Creek. There is currently a check structure that Nampa-Meridian installed years ago. They indicated to us that they'd like us to install the pump station there and they would like to own and maintain it and we have agreed to that. On your transportation plan and on the master street map it shows a collector roadway that goes through -- through The Oaks and comes into this property and The Oaks phase six has done a trust fund for half the cost of a bridge on Five Mile Creek. My project will be responsible for either trust funding the other half or building it, whoever goes first. We continued that collector roadway with no front-on housing to the east boundary. That was discussed and decided by Adad County Highway District. So, then, the collector roadway they anticipate, then, the collector comes through The Oaks from McMillan, it will loop through into the Quenzer property and go all the way east, linking to Black Cat when the Quenzer property develops and, then, they had us stub to the south here, so that there will be another collector roadway because there is an undeveloped property south of us over just southeast where that collector could go out to Ustick. South of us is Apple Valley Subdivision those are five acre lots. That's why I kind of decided to do the R-4, R-8 mix of zoning. I did meet with those residents. They live on Becky Drive, go figure, and so I worked with them. One of the things that they asked me to do was to reduce the number of lots next to them, which I did, and increase the lot sizes and they said, you know, we can live with, you know, two, two and a half lots, three lots maybe next to us, but just try to minimize them. We talked about fencing. There there is a McFadden drain where their irrigation overflow comes into. The McFadden comes up here and, then, goes across the north side of Mike Weaver's property and, then, goes west across McDermott. We are asking the Council, obviously, for a waiver to leave that portion of the drain open and, of course, Five Mile Creek. There is a small portion of the drain which is kind of a stub that goes here. We will be piping that. It is my understanding that the drain takes both wastewater and groundwater and, then, Mr. Weaver does have like an artesian well that overflows into that . The staff, when we submitted application, came back to us and said that Mr. Weaver was concerned about the size of these lots. We eliminated three lots adjoining Mr. Weaver's north boundary. Widen those out so that they range from 9,000 up to about 10,400 square feet and we - - and I measured -- Mr. Weaver's home sits in the back here. It would be 200 -- his home is 243 feet south of our south boundary of these lots. I also stubbed to his property. We stubbed sewer. We stubbed water. I also did kind of a little cul-de-sac layout that -- for him and gave him a copy of it, showing how his property could redevelop and he could keep his house an d so he was happy with that. As Bill indicated, State Highway 16 extension will be just to the west of McDermott. So, in addition to the required 25 foot landscape buffer, we added additional 25 foot, so we will have a 50 foot buffer, allowing us to get a significant berming and significant landscaping, so that when that does happen that we have established a landscape buffer. We have lots that range from about 5,600 square feet, like in this loop in this area through here, all the way up to 15,500 square feet. We tried to have a variety of lots ranging from 55 feet in width to 70 and 80 feet in width. All of our lots are typically about 120 feet in depth. When you come in you will have a nice soft feel with all the landscaping adjacent to Five Mile Creek. The creek will be visible. You will come in and the focal point will be our central open space here. This is where our central amenities will be constructed. I have a micropath that comes through linking that and, then, another micropath that cuts through this block bringing people up to this area. I kind of split the traffic, so we would -- we would bring it this way and, then, up through this street and, then, this street would kind of be isolated. So, we have kind of a separation of our different product lines. I have a street that goes to the south to Apple Valley Subdivision, so that at some point in time if those five acre lots ever redeveloped they would have access to sewer, water, and we would have vehicular access and linkage. Staff, also asked me to put a pedestrian access, which I did right here, and, then, we will have another vehicular access. They have half a right way along their entire east boundary. So, staff is asking us to build half of this right away and, then, they anticipate that that will extend on down to Ustick Road. There was an old kind a half right of way along their north boundary. ACHD said it was not appropriate that -- if those properties ever redeveloped that they would ask that they vacate it. It didn't really have any value. It was one of those kind of right of way easements that the county had them put in the '70s on those five acre plats in anticipation that maybe they would redevelop and there would be opportunity -- oops -- for roadways. But it's just in a real poor location. When talking to the neighbors I asked them, you know, what's your thoughts. They said, well, that's the access to our irrigation, artesian pump, and we don't want it to be a road. We just want a fence. I said okay. And the highway district said, you know, it doesn't really have any value to us. We have a nice little project with 215 lots. As Bill indicated, our density is 3.43 dwelling units per acre. We are medium density residential, which is three to eight dwellings units per acre. So, we are on that lower end. I would say this is very consistent with what we have in Oak South. It's just located to the north of us. I did talk with Mr. Quenzer and sent him a copy of this drawing, asking for his input. He said, yeah, I like the fact that -- that you have the stub street. His property will be served. We will end up having to take a ten inch sewer line through our property and over to his boundary and his property will sewer through that trunk line. There is a twelve inch water line that's in Fawn Ridge in The Oaks. We will extend that through our property and stub that also to Mr. Dean Quezner. The one thing I wanted to mention to the Council -- the lift station that's located here that has additional capacity to serve this property, on your master sewer map it shows a 36 inch sewer trunk line coming across Five Mile Creek and, then, coming down to our southern boundary. That 36 inch trunk is approximately 30 feet deep. I have had a meeting with Warren in the past about the possibility of some type of latecomer fees or some eligibility in the future, because no developer that I'm aware of in the 25 years that I have done work in Meridian has ever constructed a 36 inch trunk 30 feet deep at his soul expense without any opportunity for either city participation or for reimbursement. We only have 215 lots. An eight inch equivalent is satisfactory to serve our property. Obviously, the 12 inch water main, based on your water model, is necessary and we understand that and so we will come up to the new well here and we will extend a 12 inch water main to our southern boundary also. I did get a construction cost estimate from a contractor in town, who just bid a project for the city of Nampa that was a 36 inch 30 feet deep, where they had groundwater and so the estimated cost was in excessive 500,000 dollars. So, it's -- it's a pretty hefty price for a project that only has 215 lots, but I do fully understand the way your reimbursement ordinance is written it says, hey, if it's on the master plan and you're developing, then, you build it. So, I -- obviously, in my responses to the Council wanted to mention that, you know this is kind of something -- new territory and Warren even mentioned, you know, in our earlier meetings, I would like to help you, because you're right, you don't need a 36 inch, you don't need it 30 feet deep, but until we rewrite that reimbursement ordinance where situations like this arise , my hands are tied. So, Warren may be able to kind of elaborate on that. We think we have got a great project. It's -- like I said, growth is -- is going -- where did it go? Growth is, you know, obviously, going south of The Oaks and this makes sense and it's a continuation of your normal growth patterns. Do you have any questions? Bird: Thank you. Council, any questions for Becky? Borton: Mr. President? Bird: Mr. Borton. Borton: Becky, one of your last comments on the 36 inch trunk, is it your position that a 36 inch trunk isn't necessary or it's not necessary specific to the needs of this project ? McKay: Chairman Bird, Councilman Borton, it is not necessary for the needs of this project, but it is necessary in your master sewer plan to service areas to the south for that sewer shed to go up to the new lift station. Borton: Mr. President? Bird: Mr. Borton. Borton: One other question. There was a comment in the opening about the transit stop and VRT's request. Has that been discussed and resolved or -- McKay: Chairman Bird, Councilman Borton, yes, Sonya did send me the VRT e-mail and so my thought would be to create a pullout -- turnout right here. That's a perfect spot for it. Right there. We have got ample area where they could have a pullout and have a bus stop. So, we do have a condition under 1.1.1E that says we will coordinate with Valley Transit for the potential for a regional stop. Now, I'm not sure if long term they are going to want one here, because Ada County Highway District currently has McDermott as a minor arterial, but when State Highway 16 goes in and McDermott becomes disconnected from Chinden and it will be downgraded I'm told to a collector. So, not sure if -- you know, the long range plans of VRT or up with ITD and ACHD as far as classifications, you know, in the future. But, obviously, we don't know when phase two of that State Highway 16 will take place. Borton: Mr. President. It sounds like the communications has happened and a -- McKay: Yes, sir. Borton: -- an agreement for that condition. Okay. There was a comment on Five Mile Creek improved as an amenity. I wasn't certain what, if anything, was actually being done to it or just to remain open. McKay: Councilman Bird -- I mean Councilman Borton, I think that was one of the comments from one of the neighbors. They were saying on the north side -- Borton: Okay. McKay: -- that The Oaks is constructing a ten foot multi-use pathway there. Obviously, manicuring that pathway and one -- and Mr. Weaver said I don't understand why they can't do that on the south. Borton: Got you. McKay: And so that's where that comment came from. Well, the reason we can't is southside is the maintenance side for Nampa-Meridian and they are not going to allow me to do that. Borton: Okay. McKay: We could, obviously, between the -- the gravel access road for Nampa- Meridian maintenance, we could do, you know, like red fescue or something, so, you know, visually it has, you know, some riparian look, but the manicured area will have to be, obviously, there at the entrance on the north side of my collector. Borton: Mr. President, one last question. Was there a -- and I didn't see it. If it's in the report I apologize. Is there a limit in the number of permits before there is a second access? McKay: The fire department will allow us up to 30 permits with one point of ingress and egress. So, the way I phased the project -- phase one would meet that 30. Phase two, then, would have to build the bridge, connecting both the Oak South and this project giving us our second point of access and we showed five phases . Borton: Thank you. Little Roberts: Mr. President? Bird: Mrs. Little Roberts. Little Roberts: Becky, you mentioned Mr. Weaver and how close his house was to the property -- or to the project north. How far is his house, rather than property -- sorry. on the other side. McKay: Three hundred and one feet to the east. Little Roberts: Thank you. McKay: So -- there it is. So, here is Mr. Weaver's home. So, from the rear property line, not to the home, is 243 feet to the corner of his house. From here -- what did I do? Dang it. Bill. Something. Click. To the east that's 300 -- 301 feet. Little Roberts: Thank you. McKay: And, then, as you can see we also did the distance from the homes on the five acre lots, which range 445 to 531. So, that gives you the distance. So, that's why they - - you know, they weren't really concerned about, you know -- you know, any two stories or anything like that, because we do have such significant separation. We also have the drain between us and Mr. Weaver. The McFadden drain right here. Little Roberts: Thank you, Becky. McKay: Thank you. Bird: Any other questions? Warren, would you like to speak on the -- Mr. Stewart? Stewart: President Bird, Council Members, sure, I will take a moment and talk about that a little bit. So, the sewer master plan calls for the 36 inch diameter trunk to run down McDermott Road. Obviously, this development will drop into that trunk line. It's necessary for them to feed back to the lift station. They wouldn't necessarily need something that large, but we have to extend that trunk eventually on to serve other areas of town. Our reimbursement agreement for the city right now doesn't allow for reimbursement for the installation of infrastructure that's called out in the master plan . So, since the master plan calls out for that 36 inch diameter trunk, that's what they have to build. Now, I realize that's a significant expense for this, but you look at that and you say, okay, the alternatives are to create some sort of new reimbursement agreement or -- or ordinance that allows us to do that. You end up with stacked reimbursement agreements, potentially, that could extend clear down to our southern boundary with Kuna and it gets really cumbersome to administer. So, trying to find a simple solution to that is difficult. We have looked at that. We have talked with the -- even you as the City Council in the past about that, about the potential to maybe look at that at some point in the future, although right now with the growth that we are experiencing, those kind of things typically are incentives to continue to grow. I don't know that we need an incentive right now to grow more in the City of Meridian, but that's something that if directed by you we could investigate that and perhaps pursue that. But at this point we don't have a means or a mechanism to provide a reimbursement agreement for that infrastructure. I would say that in the presentation that I gave just last week where we talked about the future of south Meridian, we talked about this McDermott trunk line and that 2025, after we have basically taken care of our responsibilities at the wastewater treatment plant to a large extent, the city is planning to use city funds, if you guys approve, to start installing this trunk sewer line. But we don't plan to do that until about 2025. So, the city is not prepared or Public Works is not prepared yet in our planning to do this for a few years. Hopefully that answers some of your questions. Bird: Any questions for Warren? Palmer: Mr. President. Bird: Mr. Palmer. Palmer: Not necessarily a question I guess, just a thought. It seems about every six months we kind of have this conversation and we get the request and , then, we talk about how complicated it is and how we really don't want to do it and thanks for developing anyway and kind of send them out the door with approval and hope they still go ahead and do it. I think more than it being an incentive for growth, what we have in existence is actually a disincentive to development and so I would hope that we could figure out the complications around it and find a way of making it happen to remove the disincentive, rather than create an incentive, understanding that probably we can't do that today. Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Maybe I guess a question for Warren. To Council Member Palmer's point, this has been discussed multiple times. Has there been direction given to your department to -- or exploring this and coming up with alternatives for Council to undertake? Stewart: Council President, Members of the Council, Councilman Cavener, I can't remember just exactly what we had talked about the last time we visited . We talked about this issue to some degree. We talked about the potential complications. I think there was a mixed message about some folks thought it -- might be interested in pursuing it. I know that in -- you know, we had this kind of on the laundry list of things to do and I know from conversations that Dale has had, whether that was conversations with Council liaison, conversations with the Mayor, I'm not really sure, but Dale has -- has directed the engineering staff at least that this is not a high priority item . We will try and get to it as soon as we can, but this is not something that -- you know, my understanding is that he has directed that this is not a priority for us, something that we should expend much time and effort on at this point. So, that's -- we haven't. We haven't expended a lot of time and effort. We kind of put it on the back burner. We think it's something that we might want to look at in the future. Certainly, if you look at the growth that the City of Meridian has currently, it wouldn't appear that this has been a big stumbling block for us for growth. That's just anecdotal information. I'm not trying to make a point or anything, but, you know, having a reimbursement agreement -- we have had them in the past. They have been challenging in the past. They -- the one that I understood that they had prior to my even coming to the City of Meridian was very problematic and they got rid of it for that reason. Some cities have reimbursement agreements. Some cities don't. And some of them are more complicated than others. But it's really about do you want to incentivize growth out here on the perim eter or do you want to drive growth that's contiguous to existing infrastructure. Bird: Any other questions? Cavener: Mr. President, maybe just a comment then. I don't think it's a one or the other. I think it's -- as to the Council being responsive to the needs of the development community and not over -- taking to our tax, but to put them in a position where they are expending funds maybe that aren't always necessary and so I guess for me I do see it as maybe more of a priority and I guess I would maybe ask the Council president to meet with the Mayor and perhaps schedule this for a workshop discussion in the next, you know, few months. Stewawrt: Council President? I would say that I think, you know, the City of Meridian is investing in excess of eight million dollars right now on infrastructure in the south Meridian area. So, I think we have stepped forward in a huge way to invest ahead of growth in order to allow development in certain areas. It's just about how much can we do and where can we do it. We have got a lot of things going on at the treatment plant. We are doing south Meridian. We have a plan for this area. We had planned to -- to do infrastructure projects in this area that will allow growth to occur. It's just a matter of timing. Bird: Reimbursements can be big headaches, because you go down the line and people forget that they got reimbursements coming and we for some time forget to pay it and -- but I -- every development going down there, until 2025, unless we get moved ahead, is going to be paying for this 36 inch line -- am I right? Anybody on McDermott? Stewart: Anybody on this southern part of McDermott going south on McDermott from the lift station until 2025 would be theoretically responsible for installing the sewer trunk line that would be necessary to serve those properties or to get to those properties . Bird: Mr. Nary, I got a question for you. In a DA could you put a reimbursement in that if -- if the city started putting it in at their expense that this developer -- through the DA you could reimburse them to a degree? Nary: Mr. President, Members of Council, you could, but, again, it's another enforcement mechanism. One of the things we did when we crafted this original reimbursement was we looked at all projects from a certain date backwards, because we could identify those at that time easier than just putting it in a development agreement and not having any other mechanism in which to go and locate those so -- I mean there is no easy answer. I would agree that maybe having a fuller discussion at a future workshop would be the best, but there certainly are pitfalls and pluses and minus no matter which way we have looked at these. But certainly a fuller discussion about that would be -- certainly be warranted. I think we can arrange that for a working session to go over that. I think it would be -- it's a great idea. Okay. Any -- this is a public hearing. We got any sign-ups? Coles: Mr. President, they were no sign-ups. Bird: Is there anybody in the audience that would like to testify on this? seeing none, Becky, you got anything more to say? Okay. Council, what's your pleasure? Little Roberts: Mr. President? Bird: Mrs. Little Roberts. Little Roberts: I move we close the public hearing. Palmer: Second. Bird: Got a motion to close the public hearing on H-2017-0114. All in favor say aye. Any opposed? Okay. The public hearing is closed. MOTION CARRIED: FIVE AYES. ONE ABSENT. Palmer: Mr. President? Bird: Mr. Palmer. Palmer: Mr. President, I move we approve H-2017-0114 and remove the requirement to tile the waterway. Little Roberts: Second. Cavener: Second. Bird: Have a motion and a second. Any discussion? Hearing none, Mr. Clerk, would you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES. Bird: Okay. Moving on to Item B, H-2017-0124. Is that you again, Bill? Parsons: That's me, Mr. President. Bird: Okay. We will open the public hearing and start with staff. Parsons: Thank you keltner of the council next item on the agenda is the tim creek apartments on the applications before you this evening in a forward development agreement modification zoning ordinance amendment and a conditional use permit it consists of eight point on acres of land one cg and is generally located south of west franklin road and east of south ten mile road this property was annexed in twenty thirteen with a development agreement and a preliminary plate known as t m creek da was later amended in two to sixteen the future land use designations on this property are mixed use commercial and lifestyle center the applicant is proposing to amend the da to change the development plan on the south side of ten mile and the east side of phase one from commercial retail which is depicted on the left though the new concept plan which is showing on the right to from commercial to multi family residential instead of two large commercial buildings the applicant now proposes to construct two multifamily structures containing a total of two hundred and forty dwellings associated garages and site improvements and a clubhouse because multifamily residential is desired in bot h of those land use designations staff is supported of the proposed concept plan change or da modification as requested by the applicant density his proposed development will be approximately twenty nine point four well dacre which is also consistent with those two land use designations the applicant is proposing an amendment to the us in particular currently the way the multi family standards are structured in our code in the us in multifamily unit has to provide a minimum amount of common or private open space early in our code a way is written the applicant anyone that does multifamily has to provide minimum open space of private open space of eight square feet because this is an open more of an urban setting more walkable community and based on the ameni ty package that the developer is proposing with this project and the design of this project staff is amenable to that uvc texas amend the only difference between where the applicant has originally proposed a change in work staffs a recommendation the going is how we handle that proposed change so when the application came into the city they develop rent proposed that they changed a multifamily standards the patio standards currently had written in the unc we didn't want the staff didn't feel comfortable wit h that change being citywide to change one section than every apartment would have the ability to write a smaller patio in some instances again that's appropriate in this case we feel it is it because of urban secs oif you have a garden style apartments yo u're in suburban you have more traditional multi family development a larger patio or mixed sense so our recommendation to not only you but also the planning and zoning commission was to allow the patio requirements to be part of the alternative compliance process that would give the direct it would be a staff level approval it would give the director to review that applicants request on a case by case basis and not change it city wide for all multi family developments that seems to give the city some assurance is that not in order to get an approval for an alternative compliance you have to provide something equal to or better than and so that's why staff fails and the plano commission felt that that was the most appropriate location for the tax change in the alternative compliance section not changing the specific standish for multi family developments and at the planning zoning commission hearing the applicant agreed with staff recommendation to change their requests as part of an alternative compliance request rather than the way they had originally submitted the condition will use permit for you this evening again as I mentioned to is for two hundred and forty dwells on approximately eight point on six acres of land one cg they are four story structures and egan the proposed density is twenty nine point four dwellings the acres access is proposed for future collector streets from south tenmile road and west franklin road and parking proposed in accordance with un status for their development with seven additional parking stalls so they are the access of what the uc requires two four story structures are excuse me common open spaces proposed in accord with you to see standards application is proposing a total of one point for four acres in the landscape plan that's before you as evening proposed a side of entries as I lived there justification as to why they're going forth with the text amendment changes one again more urban sold development here and you'll see the architecture here in a moment but also the a menity package after proposing an all go through those for you very quickly so one that reposing a separate club house which will have a lounge and entertainment area public wifi workstations a fitness center across fist studio a swimming pool indoor bicyc le storage a maintenance room outdoor fire pits and a table tennis and also separate barbecue area where residents won't necessarily need to have individual barbecues on their patios but they'll have an area where they can join interact with other resident s within the complex here is their open space exhibit that demonstrates their compliance with the u s standards the architecture character of the apartments again are more of a contemporary design again four stories mixto and you can see here the applicant again more of an urban setting as I eluded to but this is more of a contemporary design anything that they propose out there will have to comply with our architectural standards manual as well so i'll let you know that will have to come back get states ap proval of a designer you application in the planning and zonin did recommend approval of all three of the applications speaking in favor was john ware no one spoke in opposition and no one commented on the application and we did receive written testimony in agreements with the staff reporter for mikael some of the items an item that was discussed by the commission and it seems to come up on a regular basis is commissions starting to get concerned with the amount of parking that are being proposed with multi family developments as I loaded to you this evening this site does exceed the minimum standard of the udc the issue that was brought up at the herring was a lot of times when you have an apartment complex that has some garage parking is here they were con cerned was using the garage for storage rather than for parking so again or you lose address those addresses those types of things but I wanted to let you know what they discussed in their deliberations again they did support the design and the edens of th is project so that wasn't an issue so again any other changes to the staff report the planning and zoning commission did not have any changes to our conditions for you this evening they recommend approval to my knowledge or rounding the outstanding issues before you this evening I conclude my presentation and stanford questions you may have many questions for staff with this time president Mr. garner bill refresh my memory how many four story apartment complexes do we have in radian Mr. presidents members of the council I can't recall the only ones that I can recall are the ones next to the regency at river valley next to the village president mroue is tight put you on the spot later truck we've only got one ability be able to service both facilities I just guess we need to start planning to in prepared to see a budget amendment for another ladder truck soon rather than later president council member kavner I don't anticipate adding one more complex like this would justify the need to purchase an entire addit ional ladder truck to the one that we currently have a finesse away Mr. war would you like to protect you Mr. president council members glad to be here my name is john wardle my address is one to years for drive and boys and I work for brighton we're happy to be here tonight to talk about this project i'll be brief and I can stand I can answer no questions we have but I didn't want to go over a little bit on this this project as mentioned we we are modifying the location of some of the uses within the ten mile project in context we also have the timorous project which is to the south and we just opened up the first business down there we have more coming there are four hundred people that are working there right now and we felt like it was time to bring the opportunity to live out here as well and this location in particular which were south of franklin and wear estores of mile were right along the ten mile creek corridor which we are improving currently with a regional pathway system it will be landscaped th ey'll be a hard service pathway which is already down to the apartment site a landscape to all the way through and our hope is that will be the regional corridor for this location which makes the other part of the request we had before you tonight which was the udc text amendment or the amendment for the decrease in size of the private open space we do support staff recommendation to treat this as alternative compliance it does need to be project specific changing it across the board in the text for all projects may not be the right aproachbut I think as demonstrated with this project and other projects where we can show that the amenities provided both internally as well as externally the pathways we have that's a good that's a good approach as mentioned by bill we do have two four story apartment buildings I will note that there is one other project is mentioned but this will be the first project which also include elevators in both of these buildings which is different than what we have currently so this truly is an urban style project he has also mentioned we do have both covered and open parking on this project the amenities that are shown we have swimming pool entertainment areas lounge fitness center also a cardio studio indoor bike storage outdoor gathering areas barbecues on site management and probably most importantly is the residents here will have direct access to the ten locke rectal pathway as well as the other pathways that we are building to connect to the south with ten mile crossing just want show you what this project will look like and the form and shape that we are anticipating here as already mentioned we are requesting reduction for that protour usable space but it is offset by the amenity package that we have here we do agree with the staff recommendation to men the udc table and use alternative compliance and we also respectfully request your approval of the text amendment the modification of the development agreement and concurrence with the planning commission approval of the conditions permit for the multifamily project again were excited for this project we think it will start adding to the fabric of a nile specific area plan and excited for some the other things that are happening out there to create this place where somebody can work and live and shop in a very good well planned out thought community a stanford questions you might have questions for orantes buildings match up identically nice with what we got going on out there in the office buildings of stuff you guys have went way in a book the call of duty for this and I thank you very much beautiful buildings thank you so I don't see that much on the apartments but day the really really in the four stories with right in your minutes for second tonight just beautiful I would like to thank Mr. turnbull who takes pride in what he does and it makes it very easy for us to do projects because it's not just ginnie but we want to be able to save for the city rating these are projects that we do these are the standard and so thank you for the compliment thank you the other questions or statements right now you thank you we got by signed up nobody signed up is there a public hearing with anybody like to testify come forward state your name and address please canadian twenty seven west wallen radi and idaho I live out in this area of emile and franklin and I appreciate the work that they're doing and the amenities that they've done on the project my only concern with this project is actually the fact that it is a four story apartment complex no t to not three but four we have another major apartment complex just kitty corner across franklin and ten mile I think it's around six hundred and fifty units with two and three story apartment complexes and to add another one that's four stories seen as a bit much out there where we have rural land to the south east of this I know it's a little bit farther away but it is a huge building i'm not opposed necessarily to the apartments at more the height of them thank you Mr. president you can you sure this what you're concerned about the height is m the height I guess it would be the hit along with it as you add height you add more tensas well but just structurally out there I know they have the big business complexes that are going in which is residents you understand that you've got traffic during the day but when you start outing apartments and the volume of the traffic and just the visual space they take up highway it's concerning that this is becoming much more urban and not we're losing some of our rural neighborhoods out in that area because it's it's a lot of homes and neighborhoods and now we're adding these huge huge buildings in do you feel the same way we've got four and five story you know commercial buildings that are going on the same area do th e same now we been watching them in our neighborhood I think it comes down to again it's the people in the traffic that we're going to be concerned about businesses eight to five they come they go they leave but apartments don't you know with the volume of the people and it just structurally the height of this is concerning I know when they did the zoning some time ago with the property around us we were concerned with what was being zoned and the densities of that so just wanted to express that concern tha nk you very much anybody else like this bitartrate nothing more to say that council was like the public testimony is over with I would entertain a motion or unless you need some more answers or questions for public president Mr. morton I have a somewhat nerdy question or legal counsel on the udc amendment request cites a particular provision that through this process has been changed and so on now everyone's in agreement that a different section eleven dhb I believe is the location of what will now become a n alternative compliance provision is there anything specifically would need to do to just approving a modified udc change or is it that's not denying the request and proposing a different one and if it is approved with this new section are we approving th e requested udc change and then kind of concurrently staffs completed its alternative compliance and is recommended be approved was that for a kind of a convoluted question so Mr. president as a castlepoint I i think what the staff if I understand correctly but the staff was recommending was the interpretation of the council that alternative compliance is available under the other code section that is already in the udc so they're not asking to menus they're saying with the council's interpretation b that it is available under this section not under the section that was originally identified as the one that was required Mr. president saitoti of the application that requests the uncemented withdrawn no Mr. president cusimano when they submitted their application their narrative stated they wanted to change that specific section as we did our staff report our staff report reflects the areas where we want the change to happen so there's nothing in the council's motion to change in a staff report or recommendation through this process was the originally wanted with the original applications middle they wanted to change that section as we wrote the staff report and we formulated our recommendation to commission and city council we felt staff felt it was most appropriate to look at that request but put in a different section of the code it was more appropriate as an alternative in our opinion it was a better place fit for the community to have that as an alternative compliance request so we tailored our staff report to make it part of ubc the bso that's already referenced in the staff report that changes already happened i'm just letting you know on the record that the original request was a different section they were amenable to it going through an alternate compliance process so there's nothing to change in staff report or any recommendation except for whether or not you support the text amendment that's before you the site state of my staff and reaffirmed by the applicant and the planting of one commission i'm sorry am myself a little sideways I understood the original request to be that wholesale change to reduce eighty to sixty and in luo of that initial request it was concluded that existing alternative compliance might allow yo u to get there and therefore not need the initial request of the udc change in all circumstances that's what's got me sort of see Mr. president by night john martel for the record I guess in essence were withdrawing our original request to modify the zona ordinance for a wholesale change but the recommendation tonight now based on staffs reporting what the commission approved was changing the zoning or the us that this change could occur under alternative compliance currently you can't get there entretenimiento there is a need to change the text of UDC to allow that and if we need to go back and have staff reviewcan dr applications they they can reveal turn compliance at that point in time so there is a change to the text that's been requested ethan you anyt hing else not at inter day emotion to close up of hearing Mr. president ali president roberts I move in close the pump like hearing son you've got a motion of agon to go the public ring on hansen dash or when to four all in favor say I i kiani opposed of the carries closed oh what's your pleasure count president for bordon of there's no additional discussion I would move that we approve each two to seventeen four to include staff and applicant comment as been amended through today's hearing you got a monsanto one do for any discussion Mr. president of kanon comment do your comments earlier Mr. bird a few of us were fortunate to attend the topping officer one morning for a building over there and many of the employees have pay lost in which live in voice it working voice were able to come out to this event and when you see A project like this you see this is truly that live work play all in one place I just know that many of the employees have piotr going to want to live in this facility I think back to when I was A little younger and a little more active this is the exact type of place that I would want to live and so i'm excited to bring this to meridian I think it's the right type of project for the right part of town Mr. kirk would you call roll please thank you Mr. president cosmo cabinet is palmer caselle roberts color borden I colberg a next item adding subdivision has one I will open the public hearing and start out with staff reported that you josh you had you been a president members of council as he said this is for IT was called madden subdivision is he combined preliminary and final plot application the site consists of eight point three eight acres of land which is currently zoned cg located at the northeast corner of north locascio road and hes franklin rode well say that if you remember last tuesday evening a rezone was approved for this property to rezone a northern essentially the northern half of the property industrial and the south of southern southern half of the property would remain cg so as I said a combined preliminary and final plate application is proposed which consists of three building lots on eight point thirty itthe eight acres of land in the cg end il zoning districts for made subdivision the udc restricts access to arterial street s when access is available from a local street this property has fronted john olerud and lanark street franklin road and logo there are two existing access points to the site from both east franklin road and from north locus grove which are both classified as arterial roadways and to property is access to nola and lan access to the arterial should be restricted if approval for access is obtained from a city council and the account highway district city staff is of the opinion that a single access point to each arterial be granted and that the access is be shared the applicant has indicated that they will also construct access points to both neal road in lanark street which as I said are both considered local commercial streets a ten foot wide street foot wide street buffer is required to be provided along east and arch street and north road which are both public streets set forth In udc the applicant has proposed a twenty foot landscape buffer along east on march even though only a ten foot is otherwise required in a twenty five foot landscape offer is required both along north locus grove and east franklin roads which again are both designated as are two of the roadways there are existing sidewalks along both locus grove and franklin sidewalks are required to be provided with the development along both nola road and lanark street and the african has is required to obtain approval of certificates on compliance for any future buildings on the site AS well as administrative design review I will note that the applicant has asked for as I said multiple access points on two locust grove one under franklin we did receive a staff report from the highway district staff has concerns that if you read this if report the access points onto locust grove or will only be one h undred and fourteen feet apart from each other and the highway district has indicated that they have modified their their policy to allow for that and discussions with kaleo seems a little bit close and rebut nervous about how how ********** Every development going down there until 2025 must we get moved ahead it's going to be paying for this 36 in my right anybody on McDermott anybody on this southern part of McDermott going south on McDermott from the lift station until 2025 would be theoretically responsible for installing the sewer trunk line that would be necessary to serve those properties are to get to those properties if the city started putting it in at 3 from a certain date backwards because we could identify those at that time easier that just putting it in a development agreement and not having any other mechanism in which to go in and locate those so there is no easy answer I would agree that may be having a fuller discussion at a future Workshop would be the best but there certainly are pitfalls and and pluses and minuses there no matter which way we've looked at these but surely a fuller discussion about that would be going to be warranted UK pleasure Little Roberts 2017 - 01140 used clothes this president approve age 2017 0 1 1 4 and remove the requirement to tile the Waterway they will open the public hearing and start with staff ***** Parsons: Thank you, President, Members of the Council. Next item on the agenda is the TM Creek Apartments. The applications before you this evening are for a development agreement modification, zoning ordinance amendment, and a conditional use permit. The site consists of 8.16 acres of land, zoned C-G, and is generally located south of West Franklin Road and East South Ten Mile Road. This property was annexed in 2013 with a development agreement and a preliminary plat known as TM Creek. The DA was later amended in 2016. The future land use designation on this property are mixed-use commercial and lifestyle center. The applicant is proposing to amend the DA to change the development plan on the south side of Ten Mile Creek and the east side of phase one from commercial retail, which is depicted on the left, to the new concept plan, which is shown on the right to -- from commercial to multi-family residential. Instead of two large commercial buildings the applicant now proposes to construct two multi-family structures containing a total of 240 dwelling units with associated garages and site improvements and a clubhouse. Because multi-family residential is desired in both of those land use designations, staff is supportive of the proposed concept plan change or DA modification as requested by the applicant. The density for this proposed development will be approximately 29.4 dwelling units to the acre, which is also consistent with those two land use designations. The applicant is proposing an amendment to the UDC. In particular currently the way the multi-family standards are structured in our code in the UDC, the -- any multi-family unit has to provide a minimum amount of common -- or private open space. Currently in our code the way it's written the applicant -- or anyone that does multi-family has to provide minimum open space -- private open space of 80 square feet. Because this is an open -- more of an urban setting, more walkable community, and based on the amenity package that the developer is proposing with this project and the design of this project , staff is amenable to that UDC text amendment. The only difference between where the applicant has originally proposed a change and where staff's recommendation is going is how we handle that proposed change. So, when the application came into the city the developer had proposed that they change the multi-family standards, the patio standards currently as written in the UDC. We didn't want to -- staff didn't feel comfortable with that change being city wide, to change one section and, then, every apartment would have the ability to provide a smaller patio. In some instances, again, that's appropriate. In this case we feel it isn't, because of the urban site. So, if you have garden-style apartments, you're in suburban, you have more traditional multi- family development, a larger patio makes sense. So, our recommendation to not only you, but also the Planning and Zoning Commission, was to allow the patio requirements to be part of the alternative compliance process. That would give the direct -- it would be a staff level approval. It would give the director to review that applicant's request on a case-by-case basis and not change it citywide for all multi-family developments. That seems to give the city some assurances that not -- in order to get an approval for an alternative compliance you have to provide something equal to or better th an and so that's why staff feels -- and the Planning and Zoning Commission felt that that was a most appropriate location for the text change, in the alternative compliance section, not changing the specific use standards for multi-family developments. And at the Planning and Zoning Commission hearing the applicant agreed with staff's recommendation -- to change the request as part of an alternative compliance request, rather than the way they had originally submitted. The conditional use permit for you this evening, again, as I mentioned to you it's for 240 dwelling units on approximately 8.16 acres of land, zoned C-G. They are four story structures. And, again, the proposed density is 29.4 swelling units to the acre. Access is proposed from future collector streets from South Ten Mile Road and West Franklin Road. Parking proposed in accord with UDC standards for the development with seven additional parking stalls. So, they are in excess of what the UDC requires. Two four story structures are -- excuse me -- common open space is proposed in accord with UDC standards. The applicant is proposing a total of 1.44 acres in the landscape plan that's before you this evening. Proposed site amenities, as I alluded to you, their justification as to why they are going forth with -- the text amendment change is one -- again, more urban style development here and you will see the architecture here in a moment. But also the -- the amenity package that they are proposing and I will go through those for you very quickly. So, one, they are proposing a separate clubhouse, which will have a lounge and entertainment area. They have public WiFi, workstations, a fitness center, a CrossFit Studio, a swimming pool, indoor bicycle storage, a maintenance room, outdoor fire pits, table tennis and also separate barbecue area where residents won't necessarily need to have individual barbecues on their patios, but they will have an area where they can join and interact with other residents within the complex. Here is their open space exhibit that demonstrates their compliance with the UDC standards. The architecture character of the apartments again are more of a contemporary design. Again, four stories, mix of stucco, and you can see here the applicant -- again more of an urban setting as I alluded to, but this is more of a contemporary design. Anything that they propose out there will have to comply with our architectural standards manual as well. So, I will let you know that that will have come back, get staff level's approval of a design review application. Again the Planning and Zoning Commission did recommend approval of all three of the applications. Speaking in favor was Jon Wardle. No one spoke in opposition and no one commented on the application and we did r eceive written testimony in agreement with the staff report from Mike Wardle. Some of the items -- one item that was discussed by the Commission -- and this seemed to come up on a regular basis is Commission is starting to get concerned with the amount of parking that are being proposed with multi-family developments. As I alluded to you this evening, this site does exceed the minimum standards of the UDC. The issue that was brought up at the hearing was a lot of times when you have an apartment complex that has some garage parking, they were concerned with using the garage for storage, rather than for parking. So, again, our UDC addressed those -- addresses those types of things, but I wanted to let you know what they discussed in their deliberations. Again, they did support the design and the density of this project, so that wasn't an issue. So, again, any other changes to the staff report -- the Planning and Zoning Commission did not have any changes to our conditions for you this evening. They did recommend approval. To my knowledge there aren't any outstanding issues before you this evening. I will conclude my presentation and stand for any questions you may have. Bird: Council, any questions for staff at this time? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Bill, refresh my memory. How many four story apartment complexes do we have in Meridian? Parsons: Mr. President, Members of the Council, I can't recall. The only ones that I can recall are the ones next to the Regency at River Valley, next to the The Village. Cavener: Mr. President? Bird: Mr. Cavener. Cavener: This is for Chief Butterfield. Sorry to put you on the spot. Ladder truck, we have only got one, the ability to be able to service both facilities? I guess do we need to planning -- being prepared to see another budget amendment for another ladder truck sooner rather than later? Butterfield: President, Council Member Cavener, I don't anticipate adding one more complex like this would justify the need to purchase an entire additional ladder truck than the one that we currently have. Cavener: Okay. Good enough. Thanks. Bird: Any other questions for staff? Hearing none, Mr. Wardle, would you like to approach. Wardle: Good evening, Mr. President, Council Members. Glad to be here. My name is Jon Wardle. My address is 12601 West Explorer Drive in Boise and I work for Brighton. We are happy to be here tonight to talk about this project. I will be brief and I can stand -- I can answer any questions you have, but I did want to go over a little bit on this -- this project. As mentioned we were -- we are modifying the location of some of the uses within the Ten Mile Creek project. In context, we also have the Ten Mile Crossing project, which is to the south and we just opened up the first business down there. We have more coming. There are 400 people that are working there right now and we felt like it was time to bring the opportunity to live out here as well and this location in particular, which we are south of Franklin and we are east -- or east of Ten Mile, we are right along the Ten Mile Creek corridor, which we are improving currently with a regional pathway system. It will be landscaped. There will be a hard surface pathway, which is already down to the apartment site, and landscaped all the way through and our hope is that will be the original corridor for this location, which makes the other part of the request we have before you tonight, which was the UDC text amendment or the amendment for the decrease in size of the private open space. We do support staff's recommendation to -- to treat this as alternative compliance. It does need to be project specific. Changing it across the board in the text for all projects may not be the right approach, but I think as demonstrated with this project and other projects where we can show that the amenities provided both internally, as well as externally, the pathways we have, that's a good -- that's a good approach. As mentioned by Bill, we do have a two four story apartment buildings. I will note that there is one other project as mentioned, but this will be the first project to also include elevators in both of these buildings, which is different than what we have currently. So, this truly is an urban style project. There -- as also mentioned, we do have both covered and open parking on this project. The amenities that are shown -- we have a swimming pool, entertainment areas, lounge, fitness center. Also a cardio studio. Indoor bike storage. Outdoor gathering areas. Barbecues. On-site management. And probably most importantly is the residents here will have direct access to the Ten Mile Creek Regional pathway, as well as the other pathways that we are building to connect to the south with Ten Mile Crossing. Just wanted to show you what this project will look like and the form and sha pe that we are anticipating here. As already mentioned, we are requesting reduction for that private outdoor usable space. But it is offset by the amenity package that we have here. We do agree with the staff's recommendation to amend the UDC table and use alternative compliance and we also respectfully request your approval of the text amendment, the modification of the development agreement and concurrence with the Planning and Zoning Commission's approval of the conditional use permit for the multi-family project. Again, we are excited for this project. We think it will start adding to the fabric of the Ten Mile specific area plan and excited for some of the other things that are happening out there to create this place where somebody can work and live and shop in very good, well planned out thought community. And I stand for any questions you might have. Bird: Any questions for Mr. Wardle? Jon? Wardle: Yes. Bird: These buildings match up identical -- are really nice with what we got going on out there in the office buildings and stuff. I -- you guys have went way and above the call of duty for this and I thank you very much. They are beautiful buildings. Wardle: Thank you, President -- Bird: I don't say that much on apartments, but they -- they really -- and the four stories fits right in. Your amenities are second to none. It's just beautiful. Wardle: I would like to thank Mr. Turnbull who takes pride in what he does and it makes it very easy for us to do projects, because it's not just go in and be done, but we want to be able to say for the City of Meridian these are projects that we do, these are the standard, and so thank you for the compliment. Bird: Thank you. Any other questions or statements? Cavener: Not right now. Bird: Thank you. Wardle: Thank you. Bird: We got anybody signed up? Nobody's signed up? This is a public hearing. Would anybody like to testify? Come forward. If you would state your name and address, please. Aukerman: Jeanette Aukerman. 2070 West Waltman, Meridian, Idaho. I live out in this area off Ten Mile and Franklin. And I appreciate the work that they are doing and the amenities that they have done on the project. My only concern with this project is actually the fact that it is a four story apartment complex. Not two, not three, but four. Now we have another major apartment complex just kitty-corner across Franklin and Ten Mile. I think it's around 650 units with two and three story apartment complexes and to add another one that's four stories seems a bit much out there where we have rural land to the southeast of this. I know it's a little bit farther away, but it is a huge building. I'm not opposed necessarily to the apartments, it's more the height of them. Thank you. Bird: Any questions? Cavener: Mr. Pesident? Bird: Mr. Cavener. Cavener: Mrs. Aukerman, can you share with us what your concern about the height is? Aukerman: The height -- I guess it would be the height along with the -- as you add height you add more tenants as well. But just structurally out there -- I know they have the big business complexes that are going in, which as residents you understand that. You have got traffic during the day, but when you start adding apartments and the volume of the traffic and just the visual space they take up height wise, it's -- it's concerning that this is becoming much more urban and not -- we are losing some of our rural neighborhoods out in that area, because it's -- it's a lot of homes and neighborhoods and now we are adding these huge, huge buildings. Cavener: Mr. President, follow up. Bird: Mr. Cavener. Cavener: Mrs. Aukerman, do you feel the same way -- we have got four and five story, you know, commercial buildings that are going in this same area. Do you have the same -- Aukerman: You know, we have been watching them in our neighborhood. I think it comes down to, again, it's the people and the traffic that we are going to be concerned. about. Businesses 8:00 to 5:00, they come and they go. They leave. But apartments don't. You know, with the volume of the people and -- and it just -- structurally the height of this is concerning. I know when they did the zoning some time ago with the property around us we were concerned with what was being zoned and the densities of that. So, just wanted to express that concern. Cavener: Appreciate that. Bird: Any other questions? Thank you very much. Anybody else like to testify? Mr. Wardle, you have nothing more to say? With that, Council, it looks like the public testimony is over with. I would entertain a motion or -- unless you need some more answers or questions for public. Borton: Mr. President? Bird: Mr. Borton. Borton: I have a somewhat nerdy question for legal counsel. On the UDC amendment request, it cites the particular provision that through this process has been changed , 11- 4-3 and so on. Now everyone's in agreement that a different section, 11-5B-5, I believe is -- the location of will now become an alternative compliance provision. Is there any -- is there anything specific we would need to do to -- is it just approving a modified UDC change or is it -- that's not denying their request and proposing a different one and if it is approved with this new section are we approving the requested UDC change and, then, kind of concurrently staff's completed its alternative compliance and has recommended it be approved? How was that for a kind of a convoluted question? Nary: So, Mr. President, Members of the Council, Council Member Borton, I think -- I think what the staff -- if I understand correctly, what the staff was recommending was the interpretation of the Council that alternative compliance is available under the other code section that's already in the UDC. Borton: Okay. Nary: So, they are not asking you to amend the UDC, they are saying would the Council's interpretation be that it is available under this section, not under the section that was originally identified as the one that was provided. Borton: Mr. President? Bird: Mr. Borton. Borton: So, is the -- is the portion of the applicant that requests the UDC amendment withdrawn? Parsons: Mr. President, Councilman Borton, when they submitted their application, their narrative stated they wanted to -- to change that specific section. Borton: Uh-huh. Parson: As we did our staff report, our staff report reflects the areas where we want the change to happen. So, there is nothing in the Council's motion to change in the staff report. Our recommendation through this process was they originally wanted -- with the original application submittal they wanted to change that section. As we wrote the staff report and we formulated our recommendation to Commission and City Council, we felt -- staff felt it was most appropriate to look at that request , but put it in a different section of the code. It was more appropriate as an alternative -- in our opinion it was a better place -- fit for the community to have that as an alternate compliance request. So, we tailored our staff report and make it part of UDC, the 5B5. So, that's already referenced in the staff report and that change has already happened. I'm just letting you know on the record that the original request was a different section. They were amenable to it going through an alternative compliance process. So, there is nothing to -- to change in the staff report or any recommendation, except for whether or not you support the text amendment that's before you this evening. As stated by staff and reaffirmed by the applicant and the Planning and Zoning Commission . Borton: No. I'm -- I'm sorry, I'm getting myself a little sideways. I understood the original request to be that wholesale change to reduce A to sixty and in lieu of that initial request it was concluded that existing alternative compliance might allow you to get there and, therefore, not need the initial request of the UDC change in all circumstances. That's what's got me sort of sideways. Wardle: Mr. President, if I might -- Jon Wardle for the record. I guess, in essence, we are withdrawing our original request to modify the zoning ordinance for a wholesale change. Borton: Okay. Wardle: But the recommendation tonight now, based on staff's report and what the Commission approved was changing the zoning -- or the UDC that this change could occur under alternative compliance. Currently you can't get there under alternative compliance. So, there is a need to change the text of the UDC to allow that and if -- if we need to go back and have staff review that when we do our CZC and DR applications, they can -- they can review alternative compliance at that point in time. Borton: Okay. Wardle: So, there is a change to the text that's being requested. Borton: Okay. That makes sense. Thanks. Bird: Thank you. Anything else? If not, I would entertain a motion to close the public hearing. Little Roberts: Mr. President? Bird: Mrs. Little Roberts. Little Roberts: I move we close the public hearing. Borton: Second. Bird: Okay. We have got a motion and a second to close the public hearing on H -2017- 0124. All in favor say aye. Any opposed? Public hearing is closed. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: What's your pleasure, Council? Borton: Mr. President? Bird: Mr. Borton: If there is no additional discussion, I would move that we approve H- 2017-0124 to include staff and applicant comment as been amended through today's hearing. Cavener: Second. Bird: Okay. Got a motion and a second to approve H-2017-0124. Any discussion? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Just one comment to echo your comments earlier, Mr. Bird. A few of us were fortunate enough to attend the topping off ceremony for a building over there and many of the employees of Paylocity which live in Boise -- where I work in Boise were able to come out to this event and when you see a project like this and you see this is truly that live-work-play all in one place, I -- I just know that many of the employees of Paylocity are going to want to live in this facility. I think back to when I was a little younger and a little more active, this is the exact kind of place that I would want to live in. So, I'm excited to bring this to Meridian. I think it's the right type of project for the right part of town. Bird: Okay. Mr. Clerk, will you call roll, please. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES. Bird: Okay. Next item. Madden Subdivision. H-2017-0121. I will open the public hearing and start out with staff report. Is that you, Josh? Good. Beach: Good evening, Mr. President, Members of the Council. As you said, this is for what's called Madden Subdivision. It is a combined preliminary and final plat application. The site consists of 8.38 acres of land, which is currently zoned C-G, located at the northeast corner of North Locust Grove Road and East Franklin Road. I will say that if you remember last Tuesday evening a rezone was approved for this property to rezone the northern -- essentially the northern half of the property industrial and the south -- the southern - -the southern half of the property would remain C-G. So, as I said, a combined preliminary and final plat application is proposed, which consists of three building lots on 8.383 acres of land in the C-G and I-L zoning districts for Madden Subdivision. The UDC restricts access to arterial streets when access is available from a local street. This property has frontage on Nola Road and Lanark Street, Franklin Road and Locust Grove Road. There are two existing access points to the site from both East Franklin Road and from North Locust Grove, which are both classified arterial roadways. This property has access to Nola and Lanark. Access to the arterial should be restricted. If approval for access is obtained from the City Council and the Ada County Highway District City, staff is of the opinion that a single access point to each arterial be granted and that the accesses be shared . The applicant has indicated that they will also construct access points to both Nola Road and Lanark Street, which, as I said, are both considered local commercial streets. A ten foot wide street -- ten foot wide street buffer is required to be provided along East Lanark Street and Nola Road, which are both public streets, as set forth in the UDC. The applicant has proposed a 20 foot landscape buffer along East Lanark, even though only a ten foot is otherwise required, and a 25 foot landscape buffer is required both along North Locust Grove and East Franklin Road, which, again, are both designated arterial roadways. There are existing sidewalks along both Locust Grove and Franklin. Sidewalks are required to be provided with the development along both Nola Road and Lanark Street and the applicant has -- is required to obtain approval of certificate of compliance for any future buildings on the site, as well as administrative design review. I will note that the applicant has asked for, as I said, multiple access points onto Locust Grove, one onto Franklin. We did receive a staff report from the highway district. Staff has concerns that -- if you read the staff report, the access points onto Locust Grove will only be 114 feet apart from each other and the highway district has indicated that they have modified their -- their policy to allow for that and in discussions with Caleb Hood it seemed a little bit closer and we are a little bit nervous about how -- how close those are. Staff's recommendation still is that there be one shared access on the property line to Locust Grove and one shared access on the property line to Locust Grove , with the understanding that the likely developer of Lot 1 here to the north is Gensco, which is a construction material distributor. They will have semi trucks coming in and staff is a little bit nervous about semi trucks coming out onto Locust Grove when they have the ability to take access from the local streets and get to the intersection to get out ont o the busier roads. Having said that, the applicant is requesting tonight two Locust Grove access points and one onto Franklin. So, as I said, Commission did recommend approval. A summary of that was Doug Tamura, the applicant, was in favor. There was none in opposition. No other public comment was received. Did not receive any written testimony. I was the staff member that presented. Bill Parsons also commented on the application. There was no discussion or no key issues of public testimony as I said. Key issues of discussion by the commission were the number of access points, both specifically to Locust Grove and to Franklin. The Commission recommended the applicant be allowed to have -- to have access points onto -- two onto Locust Grove and the outstanding issues for Commission tonight -- or for Council tonight are, again, the number of vehicle access points both onto Locust Grove and to Franklin. As I said, the Commission did recommend approval and I will stand for any questions anyone has. Bird: Council, any questions for staff? Borton: Mr. President? Bird: Mr. Borton. Borton: Josh, is the Franklin Road request one full access and one right-in, right-out? Beach: I kind of -- I highlight of the sections of the staff report that -- if you want me to go through those real quick and tell you what the decision was here. On Franklin. It says the applicant should be required to close the existing driveway on to Franklin Road, located approximately 263 feet east of Locust Grove, with vertical curb and gutter and sidewalk to match the existing improvements. ACHD staff recommends a modification of policy to allow the existing driveway onto Franklin Road, located approximately 391 feet east of Locust Grove, to remain as a right-in, right-out only driveway. This driveway was constructed by ACHD in coordination with the property owner as part of the Locust Grove Road and Franklin Road intersection project. The driveway location was agreed upon at that time and met the spacing requirements at the time of construction -- be 129 foot or 32 percent modification of policy if approved at the development services manager level. So, specifically for Franklin Road, Meridian's planning staff doesn't necessarily have an issue with the one access point. We still would request that it be shared between the two properties. The understanding is they don't have a user for either of lots two or three yet, so we are not sure who is going to go there, but we know that the property to the north -- they have an applicant for -- will be an industrial user. Moving on to the section on Locust Grove -- this is where staff has the majority of our concerns. Staff recommends a modification of policy to allow the existing driveway on Locust Grove Road located 240 feet -- 248 feet north of Franklin Road and to remain as a right-in, right-out only driveway and it says the northern driveway was constructed by ACHD and as part of Locust Grove Road and Franklin Road. The intersection project is approved in its current location as a temporary full access driveway. The applicant's proposal does not meet district driveway location and successive driveway policy, which require driveways on minor arterials roadways to be located a minimum of 355 feet from the nearest intersection and 330 feet from any other driveway. The existing driveways are 114 feet apart and it says in parentheses, 330 feet is typically required. And the southern driveway is located 248 feet north of Franklin Road, when 355, again, would be required. So, staff's concern is their proximity to the intersection and, then, their proximity to each other as - as approved by the highway district. Typically we don't question too much what the highway district's proposal is or recommendation is, but staff has concerns about the nearness of those two on -- on Locust Grove and their safety. So, yeah. Bird: Any other questions for staff at this time? Doug. Tamura: Mr. President, Members of the Council, my name is Doug Tamura. I'm representing Kobe, LLC, on this project and we -- we purchased this property prior to the Locust Grove-Franklin improvements going in and so part of what you see now is what we negotiated that we told the highway district that -- and particularly now it's even more important that access to everything for our property and so we were hoping that historically we -- we would preserve the access points that we got on both Franklin and Locust Grove. That's why the highway district has been willing to accommodate us on Franklin. Our design of -- at the northern property is going to be sold to Gensco, which is a Trane distributor of mechanical heating and cooling and so our design of our project is that the semi trucks will use both the Lanark and Nola access and that as m echanical contractors come to, you know, pick up furnaces that our thought was is if we had this full access on both Locust Grove and Lanark, that would provide, you know, kind of a separate access for those, you know, not large semi trucks, but trucks, you know, and that's what we were hoping that we could preserve those two access points off Locust Grove. We had Planning and Zoning support for our two accesses, understanding the need for our potential tenant, so -- you know, I appreciate your support if we could have them. Bird: Any questions for the applicant? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Doug, you said something that kind of had my ears perk up. Now large semi trucks, but trucks. I guess can you share with us what you believed to be the size of the truck that's going to be accessing your -- Tamura: I'm not sure how Gensco works, but they are the Trane distributor and Trane is just your standard -- you know, they do both commercial and rooftops and they do residential furnaces. So, I'm assuming that, you know -- and, plus, the demand for residential in -- in the valley and particularly Meridian is huge and so the potential build out of this facility is going to be 7,000 feet of distribution. So, the amount of traffic that's going to come in here and I think that sometimes the more access you can provide a facility like that the better off you are. Now, I was hoping that, you know, the smaller trucks of the local HVAC contractors will use the Locust access, the larger semi trucks will use the -- you know, the Lanark and Nola access. Bird: Got any questions? Tamura: Thanks. Bird: This is a public hearing. Nobody signed up. Would anybody like to testify? Seeing none, Doug, do you want to have a last word? Okay. Council, do you need anymore public testimony or questions or anything answered? If not I would entertain a motion to close the public hearing. Palmer: Mr. President? Bird: Mr. Palmer. Palmer: I move we close the public hearing on H-2017-0121. Little Roberts: Second. Bird: I have a motion to close the public hearing and a second. All in favor say aye. Any opposed? Hearing none, the public hearing is closed. MOTION CARRIED: FIVE AYES. ONE ABSENT. Palmer: Mr. President? Bird: Mr. Palmer. Palmer: Mr. President, I move we approve H-2017-0121, preserving the existing accesses. Cavener: Second. Bird: I have got a motion and a second to approve H-2017-0121. Any discussion? Borton: Mr. President? Bird: Mr. Borton. Borton: The access as requested by the applicant, are those approved in the motion? Bird: Anymore discussion? If not, Mr. Clerk, would you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES. Bird: Okay. Moving on to Item F. I will open the public hearing for H-2017-0115. I think -- which one of the staff -- I will give it to the staff. Beach: Me. Bird: Is that you, Josh? Beach: You got it, sir. Bird: Okay. You want to open it? Beach: This is an application for what's called Pond Subdivision. It is for a preliminary plat. The site consists of approximately 4.82 acres of land, which is currently zoned R-8, located at 2980 North Meridian Road. This land was previously annexed and zoned and granted conditional use permit approval in 2012 for what was called Tomorrow's Hope. The Comprehensive Plan future land is map designation is medium density residential. The proposed plat consists of 21 single family residential building lots and five common area lots and, as I said, approximately 4.82 acres of land in an R-8 zoning district. Minimum lot size is approximately 4,129 square feet and the minimum lot size in the R-8 district is 4,000 square feet. The proposed overall density for the development is 4.35 dwelling units per acre. The net density of 6.47, which is consistent with the medium density residential designation. Staff has reviewed the proposed plat for compliance with the dimensional standards listed in the UDC for the R-8 district and with the exceptions of Lots 3, 4 and 5 of Block 2, the plat was found to be in compliance with those standards. Lots 3, 4 and 5 of Block 2 shall revised to meet the above named standards. Access to the site is proposed on the plat from an existing access to North Meridian Road. existing access shall be converted to a public road and the commercial access for the residential care facility and the driveway for the existi ng home shall be reconfigured. A stub street is proposed to the east for future extension and interconnectivity. So, that would be this location. There is one common driveway proposed. The applicant is proposing Lots 6, 7, 8 and 9 -- or, excuse me, 6, 7, 8, 9 and 10 of Block 1, to take access from that single common driveway. Open space and amenities are not a requirement for this plat, because the plat is under the threshold of five acres. The applicant has, however, provided approximately a quarter of an acre of open space for the development, which includes the landscape buffer along North Meridian Road and several common lots. There is an existing home and associated outbuildings on the site that are proposed to remain, which would be on Lot 1, Block 1, and as you can see here clearly all existing structures that are proposed to remain with the subdivision of the property must comply with the setback standards in the R-8 district. There is an existing outbuilding a Lot 1, which is this outbuilding here, if you can find my mouse, and the required street yard. UDC restricts detached accessory buildings from being located in the setback. The applicant is requesting that the City Council allow the accessory building to remain on the property in its current location. Staff recommends that the structure be removed with the development of the first phase, unless approved to remain by City Council. Additionally the Osweiller Canal crosses the southern property of the site. All ditches on the site are required to be piped, unless waived by City Council and the applicant is also requesting a waiver from City Council to keep this lateral open due to its large capacity. The applicant has submitted some conceptual building elevations for the future homes in the subdivision. A six foot tall vinyl fence is proposed along the perimeter boundary of the subdivision and the Osweiller Canal -- if the Osweiller Canal will not be improved as part of the development to be a water amenity, the lateral is required to be fenced with an open vision fence at least six feet in height and having 11 -- 11 gauge, two inch mesh or other construction equivalent in the ability -- in ability to deter access to the lateral. The Commission did recommend approval. The summary of the Commission public hearing was Matt Schultz, the applicant, was in favor. There was none in opposition. Ted Williams did comment. Did not receive any written testimony. I was the staff member that presented the application to the Planning and Zoning Commission. Bill Parsons also commented on that. Key issues of public testimony were questions on how the property to the east -- going back to the plat here -- maybe to the aerial. How the properties to the east and to the north -- specifically these two properties here -- would redevelop. Key issues of discussion by the Commission were the accessory building that doesn't mean code in terms of its location. There were no changes from the Commission to staff's recommendation and, as I said, the two outstanding items for City Council are the accessory building that does not meet setback standards and the request to keep open the Osweiller Canal. Did not receive any written testimony since the Commission and with that I will stand for any questions you have. Bird: Council, any questions for staff at this time? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Josh, it looked like on a previous slide that there is an -- an access road -- access drive to the existing structure and that's -- it's right next to Baldwin Street. Am I seeing that as a -- is it two roads that are going to be right next to each other? Or two streets that are right next to each other. Beach: Commissioner Cavener, you're referring to this area as indicated by me mouse? So, their -- staff's requirement is that -- obviously there is some work going to have to be done to coordinate with this. Staff's intension would be that the care facility take access from this public street and the driveway also take access from the public street. We don't want a separate drive aisle -- Cavener: Right. Beach: -- for any of the other structures there. We want them all to use the public street. So, they are going to likely in close proximity here, but separate. Bird: Any other questions for staff? The applicant -- Mr. Schultz? Schultz: Good evening, Council. Matt Schultz. 8421 South Ten Mile. I'm here on behalf of Berkelely Building Company and Mr. and Mrs. Pond, who f ive years ago were annexed, seven acres into the city, though the north two acres is not a part of this. That was further their -- some adult care facilities that they are running out of their house. There was a development agreement executed five years ago that showed future residential area, R-8 residential, so we are -- if we are already zoned we are complying with the development agreement. There is a few minor issues for Council's recommendation on -- like staff said, on the -- on the Onweiller lateral, which is a pretty large capacity open ditch. The south side there is a fenced off city pathway next to the Silhouette Subdivision. Our side is a ditch access road, because the ditch company always will give one path on one side and it's access road on the other. S, we are the ditch access road and we are going to fence it off with a six foot wrought iron fence to allow them to provide access to it. It will still be an HOA common lot that we have to maintain the weeds in and all of that. The other issue is the fact that the Ponds still would like to stay on about three-quarters of an acre in the city. So, it will be a very atypical city lot at three quarters of an acre. Already had services to it going across the field and it's our challenge as we go forth and build this to maintain access, which we are going to replace their current driveway with a real road and, then, their driveway will come off the end of that. We are going to replace it and switch over the utilities to standard utilities as we move forward. So, that's -- that's my problem moving forward with construction management, that they want to stay there during construction and retain the three quarters of an acre and we are going to develop -- the Berkeley building company is going to take the remaining four and build the 20 lots on it, but the plat will consist of the whole 64.75 acres. So, there was an outbuilding built -- I don't know how long ago, they -- a lot their equipment and stuff they use to take care of the two acres is in it. It's about 25 feet forward of the house and 20 feet behind the house. it kind of straddles that front face of the house. It's still 120 feet back from the new road. This is not a typical city lot. In a typical city lot there is no way we allow an outbuilding in front of the house, you know, standard six, seven, eight, ten thousand square lot you just wouldn't do it. But in this case -- this is three-quarters of an acre, 120 feet back of the new road, you're not even going to see it. Big trees. Fence. It's really I think a very, very minor issue. Staff rightly pointing it out. We don't disagree with them pointing it out, we are just asking for your -- your waiver on that requirement and your planning commission did show support for it, even though they didn't have the jurisdiction to granted it, they were -- they were at least favorable towards -- towards that. So, it's a pretty easy, straightforward efficient little project. We are excited to be close to Settlers Park, which is only 500 feet up the road and that's really our amenity here is the multi- million dollar Settlers Park, which is just a fantastic park that we have in this community. So -- so, with that we agree with staff conditions of approval, we are just asking for the - - the waiver to keep the Onweiller lateral open and fenced and to grant the waiver on the Ponds not having to tear down a very functional and nonobtrusive structure that I don't think is any -- you know, it's still going to be -- it looks fine from the road. You won't even notice it back there. So, with that we ask for your approval. Thank you. Bird: Any questions for Mr. Schultz? Thank you. Nobody signed up. Would anybody like to testify? Seeing none -- Matt, you got a -- want final word? Borton: Mr. President? Bird: Mr. Borton. Borton: I will ask Matt a question. Make him -- so, remind me the -- the fencing solution down on the canal, if it remains open, it's not being improved as a water amenity necessarily, because that was on the south side, I understand. There is a condition that has a mesh of chain, but this is a fencing to deter access to the canal, but would it ultimately be designed where you have got the standard residential fencing behind each house and, then, adjacent to that chain link or our required fencing and kind of a spite strip? Schultz: Here is how I look at it, is that I think the mess is the minimum requirement. The wrought iron is -- is still acceptable as a -- no more than a four inch gap. Kids can't get through it. It's like a -- you know, a building code type requirement that prevents access through it and so that would be the only fence along there that we provide between the ditch and the back of the lots. It would be an open vision. So, there is no spite strip at all, just one fence. Borton: Mr. President. So, is it -- is it to be wrought iron? Schultz: Six foot wrought iron is great. That's what we plan on doing. Borton: Thanks for clarifying that. Schultz: Thank you. Bird: Any other questions? Thank you, Matt. Mr. Palmer. Palmer: Mr. President, I move we close the public hearing for H-2017-0115. Borton: Second. Bird: Got a motion to close the public hearing and a second. All in favor say aye. Any opposed? MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Okay. Council, discussion? If not, I would entertain a motion. Palmer: Mr. President? Bird: Mr. Palmer. Palmer: I move we approve H-2017-0115 and grant the request to allow the existing shop to stay and the waiver for tiling the lateral, but including the other provisions that go along with that. Little Roberts: Second. Bird: Okay. Got a motion and a second to approve with the exceptions. Any discussion? Parsons: Mr. President? Sorry. Just before you -- you close on the motion. Bill over here. Just want to make it clear that the code doesn't allow the Council to grant a wavier for an accessory structure to stay on that lot. That's going to take the applicant to go through a variance process in order to have something different than what's allowed by code. So, I just want to make that clear. It's pretty similar to what we did across the street when Madden -- I think it was Madden Village came through with a multi-family development and they kept the two adjacent homes. We had that same situation and you had added a condition to that project that they seek a variance application in order to keep the accessory dwelling -- or the accessory structure. So, if it's your intent for that structure to stay where it is, I would have you amend your motion and make it clear that they need to seek a variance request before this body before that structure stays or remove it from the property. Bird: Second agree? Cavener: Ann was the second. Bird: You want to amend your motion? Palmer: Mr. President? Questions then. So, that's something they have to do later. Is that still something that goes through us or that staff handles, understanding our intention or how does that work? Parsons: Councilman -- or Mr. President, Councilman Palmer, a variance requires Council action. So, they have to submit -- have a neighborhood meeting, go through a public hearing process, post the site and, then, come back before this body with a staff recommendation to you for your action. Palmer: So, the motion just includes the lateral issue? Bird: We have taken out the structure. Second agree? Little Roberts: Yes. Bird: Okay. Any other discussion? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: I guess a question for staff. There is not a way that we can handle both of these tonight? Bird: No. Cavener: All right. Bird: Clerk, would you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Thank you. Okay. We are going to open up G, which is the Comprehensive Plan, H-2017-0113. Excuse me. Students, if you would go to the clerk he will give you a City of Meridian pin for sitting through and listening to us as you leave. If you would like. Okay. I will open the public hearing on the Comprehensive Plan text amendment and which staff? Is that you, Brian or -- okay. Brian. McClure: Members of City Council, thank you for having me here tonight. I'm here to speak to the Comprehensive Plan text update and existing conditions report 2017 update. So, we are doing this a little bit differently tonight. We have three items to cover tonight and what we are doing -- in two different groups. The first group includes a yearly review of Comprehensive Plan policy statements and department text and, then, the existing conditions report. You have already seen some of the ECR, existing conditions report, from others. Notably Bruce Chatterton kind of stole some of my thunder, but I would really like to have that conversation with you tonight and to take suggestions on improvement for the future. These changes together are what staff consider to be administrative changes. Approving this tonight would really help staff to move these on to other projects and responsibilities and, then, to get the ECR out there. The second group and third item are proposed policy and text changes to the Comprehensive Plan related to the rims, the north and south rims. We are separating this out to have a more of a -- some focused conversation with you. You have received two letters, one in support from South Rim Coalition and one asking for more time to discuss from the BCA. Caleb will discuss this item last when I'm all done. So, the changes to the text. This is the -- kind of fluffy stuff, the stuff that talks about what we want our parks to be, what sort of Public Works facilities we have. These are generally administrative texts to reflect actual operations, so we have more employees, we have more parks, things of that nature. But this does not include the policy statements. That's next. Generally they reflect actual operations, what we are doing now. There is some examples shown here, but too many to go through one by one. If any of the other revisions describing the application were of interest , I would be happy to discuss those an hour later, whatever you prefer. Again, the rim text will be discussed at the end. So, here are the revisions, additions to the policy statements. These are the goals objectives and action items in the Comprehensive Plan. Generally they are clean up, reflect actual operations or just change of responsibilities. In some cases we are only changing the support column, which actually isn't in the Comprehensive Plan, something we use, but we are including it here as well. Same thing. There is too many to list or describe, but shown are some examples. If you have any questions from the application I would be happy to discuss those now or later. Bird: Any questions? Go ahead, Josh -- or Brian. McClure: So, here is the thing I really want to talk about. Existing conditions report. It's the second item I will be discussing here tonight. The Comprehensive Plan as displayed in the two documents, one is the Comprehensive Plan itself, which is forward thinking, what we want the city to be in the future. The other is existing conditions report, which is what we are now. Both of these are required to meet state code. For the update, which generally occurs every three years with new photos, more photos, updated tables, new tables, new charts and reduction of overall text. Same number of pages, but a lot more graphics basically. The infographic on the slide here is a summary of the information from the ECR. Generally the infographic focus is on Meridian, but if you actually look in ECR it compares us to Meridian -- to Boise, Nampa, Ada county and Canyon County, Idaho, and the U.S. as a whole. Again I know you have seen this before, but -- so, here is some additional information related to education, jobs, pay and play Meridian. Actually, had kind of a difficult time choosing what went on these. For example, you don't see anything on schools. If you actually look here there is some pretty interesting data on enrollment if you're looking for trends. Be happy to discuss that sometime if you want. Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Brian, for what it's worth, I think that's something the whole Council would value hearing a little more additional information on, whether tonight or at a future Council meeting and, again, I don't know where the Council stands on it, but perhaps that might even be a beneficial joint meeting between us and the school board as we continue to grow, further collaboration, communication with both bodies might make more sense. McClure: I agree. So, here are three trends that we found to be most interesting and all these are bad. Some of these aren't even anything that local government really or necessarily should have a role in, but they do impact us, so they are interesting. Poverty is lower in Meridian than elsewhere, but it's also climbing faster here than elsewhere, so it's something to watch. Meridian, like most cities, is aging. There is the 20 something age group. However, it appears to be decreasing as a whole. If you look at the chart you can visually see that every year -- every ten years this has gone down further and further. That is an educated and attractive workforce for employers that we are trying to attract. Lastly, housing is increasing as a percent of overall income. Most staggering is that almost 50 percent of renters -- renting households are now spending 30 percent or more of their income on housing. Cavener: Brian? Mr. President? Bird: Mr. Cavener. Cavener: Brian, can you go into that a little bit deeper, because -- I mean when we look at this chart here in front of us it shows that 49 percent of those that rent experience that, but only 27 percent of them who own -- I know that we have a lot more people who own homes than are renting a home or renting an apartment. So, how did that number - - how was that number derived? McClure: Councilman Cavener, all these numbers are from U.S. Census Bureau information. This data here is from several years of both the census information and the American Community Survey, which is what used to be the long form. Those are directly from census information. So, there wasn't -- maybe I don't understand your question. Those are pretty much straight from the -- from their information. So, there is no -- Cavener: Not a formula? McClure: There is no twisting her. Cavener: Just trying to figure out where the 50 percent number comes from. McClure: The 50 percent is just for renters. The 50 percent of households that rent -- Cavener: Maybe I misread your point. Sorry, Mr. President. Bird: No problem. McClure: I'm missing a slide. Oh, there it is. Lastly here some additional items to consider that we are requesting to consider tonight. Most of these were proposed after the application was submitted. Things take time. That was three or four months ago now and we resubmitted that. The first one is to change all occurrences within the text and the policy statements from the wastewater treatment plant to the wastewater resource recovery facility. Does that makes sense to call it that if you're spending a lot of money on it, it's not just something you throw away, you try to use it. For policy item 50503A when I submitted this application originally Public Works had requested that we make the priority on this low. Subsequently and after we submitted the application, Legal and SWAC requested that we bumped that back up to medium. We got back to Public Works on it some more and they agreed. So, while the original application suggested putting that to low, we are asking that you leave it at medium, but you can keep the rest of the changes proposed there. Green underline is proposed and red strike through is removed. Lastly -- and I don't know if anyone ever actually noticed, but when I submitted the application, the day after parks gave us some additional acreage information. I have included that in the draft form of the existing conditions report. So, what you see is reflective of what we actually have, but I did change it from the first table when we actually submitted the application with that new information. So with, that I'd be happy to stand for any questions or conversation. I would love to hear some suggestions for improvement. Bird: Any questions for Brian? Thank you, Brian. Any other staff going to report? Hood: Mr. President, Members of the Council, Caleb Hood for part two, as Brain kind of presented in his opening remarks. Before I get into the details of my section of this report I just want to give you a little bit of background and history and how the -- how we kind of got to here, particularly, again, regarding my sections, the north and the south rims, that we are proposing for the Comprehensive Plan. So, as you all know, we were -- we were -- you have had the Southern Rim Coalition before you for various public hearings over the past several months this past year and the outcome of a lot of that was direction from you all to work with them on -- on considering some of their requests. So, we have done that in the past several months. Essentially, the heart of their -- and I know they are here, so they can tell you their real mission, but the way that I kind of understand it -- I'm going to couch it to you right now -- is at the heart of their request is to treat the rim as an asset and, therefore, then, my job would be to develop some policies around that that reflect that as an asset for the city. So, that's what we have tried to do in the subject text amendment. The text is a result of coordination, communication with coalition representatives. I put compromise in parenthesis there. I don't think this is the end game for the coalition. And, again, I know they are here. They can tell you for themselves what they think. But just based on that back and forth, if they had their druthers it wouldn't read the way it does now, it was finding that line of what we were comfortable with as staff proposing to you all and piggy backing it on everything Brian just told you. Those administrative type of changes. We don't want to cross that line of having to do public outreach and new policies that we thought were far reaching and, again, went to that level of really engaging stakeholders. Now, in retrospect, after receiving the letter from the BCA, should we have done that? Yeah, I think we probably should have done that. But that's what we were trying to do kind of initially with our -- in our working with the coalition is allow them to piggy back, instead of having them submit their own standalone application, and we did talk to them about that, we said this is what we are comfortable piggy backing on our application. If you want to do something on your behalf -- and that's still an option for them. Submit your own text and/or map amendment. So, just a little bit of that. And, then, just one other thing in the notes to some of that direction that are received and I -- it wasn't direct direction and it wasn't staff go and do this right now, but the feeling, the flavor I got from Council largely was we need more opportunities for more estate lots in Meridian and, again, particularly looking at the rim as asset where that would be appropriate to evaluate. So, again, that's what we tried to do. I also want to take just a minute and explain further what the comp plan is and does and largely how it works within the context of community development. So, I know you all know this, but I just want this to be on the record. The com plan is not code or blueprint, it is a guide. We use the comp plan as staff and as elected officials to determine appropriateness and intent of a project. Does a project comply with the intent of the land use plan , the applicable policies and what is going on in the area. It doesn't consider all cases. It is -- you know, the policies contained in the plan are vast, cover several different aspects, and are not parcel specific. So, why these policy statements we do believe have value and worth -- again, they are not code and they are not -- explicit compliance isn't required as we look at doing development review. So, just kind of that level. That's where we are at. I just want to keep you up there. You had discussions earlier this evening from Brighton about UDC text amendments. That is code. That is explicit compliance. Those are -- you know, again, black and white terms and need to be complied with through a process and the comp plan is our guide. So, with that being said I'm getting into what we are proposing. And I have a handout as well. It's not as pretty as Brian's 11 by 17 and I apologize for that. But I do want to just give you a summary -- I have got a handful. I don't want to say several and scare you. I have got a series of slides here, but I have copied three of my slides just so you can have them kind of there as we run through things, you can use this as a cross-reference. I'm going to give those to the clerk now. And, again, what you're going to have isn't anything new. It's a copy of those slides and this is the first one. So, you have it. So, these -- this is the first of two pages of what we are proposing as changes regarding to the rim properties. I think -- so, let me -- let me jump in. So, the first bullet -- this text removes the density step allowance within the rim areas. So, as you all know and are familiar with, we do allow a step up or down for most residentially designated properties within the city. So, you get requests for property sometime designated low density and they want to step up to a medium density or vice-versa. Maybe they are medium and they want to develop it low or medium to high, what we are proposing in this first bullet, in part, is that if you are within this area -- and I will show you a map here in a second -- if you are within this area you are not eligible for a step. If you're low, you're low. You can't ask for a medium. Just as a quick aside, I will be back before you here soon to talk about the new Comprehensive Plan for Meridian. A lot of the consternation we hear and frustration we hear from the general public or adjacent neighbors has to do with this step and I think we take a serious look at that. When we develop a new company do we continue to allow a step within our comp plan -- again, like I just mentioned, low to high, medium -- or low to medium, medium to high, high to medium, or not. I think that's something -- we can leave that in and I'm not saying let's change that now, I'm just -- again, a lot of the things that we hear people say is we looked at your map and it was low. We were expecting low. How are you allowing them to develop to medium? Well, we have this caveat in our comp plan that says that flexibility. Just another quick -- just to delve into that a little bit more. Low density residential -- and, again, I know you all know this, but if I can continue to be -- low, zero to three dwelling units per acre. That's a pretty good range. Zero dwelling units, which doesn't -- you don't do. To three. Pretty good range. The next step is three to eight. So, essentially, if you're low you can develop up to eight. Zero to eight is a huge raise. That's everything. You can do apartments largely. What kind of guarantee or assurance are there for neighbors that look at a map and wee low and somebody comes in with six dwelling units per acre? Again, I'm just -- I'm sort of reflecting what I'm hearing from our community, so -- but I should probably move on to this now and just with that thought here I think that was some of why we were comfortable saying, hey, in this area you can't step up or down, it's -- you are what you are on the map. Again, that needs to be vetted further. I will also just clarify, if approved the way we have got it tonight, nothing would prohibit a developer from requesting a map amendment. So, if you're low and you want medium, instead of a step you ask for a comp plan map change and you change the map to medium. So, nothing we do tonight would prohibit anybody from asking for a different designation. So, I just wanted that to be -- to be clear, too. So, to clarify, though, this change limits a step for all residentially designated properties and will get into that a little bit more and that's not to be confused with the third bullet on this, which only applies to low density. So, if you're medium -- again, the example of medium to high and you're on the rim and there is one example of that in the northern rim area -- and I will get to that in a second. I have a couple of exhibits that will show you that would apply, so -- and just one final thing on the step. It's not a given. We do request that the applicant provide justification for the step. If you're designated low on our map and you're wanting to develop at medium density, why? What is the reason that low doesn't work? Market forces. Adjacent properties. What's going on that says you got it wrong, city. It shouldn't be low, it should be medium. Or medium high, so -- and, again, you all have that discretion, too, and have to concur with that step, allowing that step, that it's appropriate on a case-by-case basis. So, that's really kind of the first -- oh, I guess I should point this out to you. The text -- it's the first time in the comp plan you see the words south rim and north rim, rather than just describing it there in your Spurwing north of Chinden as you see in the last bullet. So, really, the first bullet we have this new phrase called north -- new areas, north rim and south rim areas. So, that's the first bullet. Is there any questions on that one? I saw a move to a mic, so I thought maybe -- Palmer: Mr. President. Bird: Mr. Palmer. Palmer: Mr. President and Caleb, I notice in the second and third bullet point, going to your point that it's -- it's not code, that this is a -- a guide, that the softer language, such as the word should, are used in the second and third bullet point, but in the first the word no step up is allowed. I'm wondering if it would be better to soften that language to say where there should be no step up or no step up is recommended or -- instead of black and white to anybody who might read it and feel like it's code , where it's saying no, it says it's not allowed. Hood: Mr. President -- Palmer: Just something to think about and -- Hood: -- Councilman Palmer, I like it and I do think that is consisten t with, again, the intent of -- there aren't -- I didn't do research. I do not believe there are any shalls in the comp plan and that's right to my point. The comp plan is a guide and we -- and this would say you couldn't -- you couldn't apply and in your application don't even ask. So, I do like that. You know, to speak out of the other side of my mouth, I like -- I like where you're going with that, but this one -- to actually have it be black and white, that your -- the way to get there is to do a map amendment. It's not a step. We won't as staff -- there is no discretion in that. It's either -- this is either a -- you can or you can't. Some of other things that we -- and I will get into this a little bit, it's subjective. Some of these other things that we will talk about, do you comply or not, I may think you do, but the next person may think you don't. So, that's a lot of the policies we have in our comp plan are, again, subjective type of policies. But I'm open to what you suggested. Palmer: Mr. President? Bird: Mr. Palmer. Palmer: Mr. President, Caleb, so just sort of being as it is here and someone were to apply for a step up in the north or south rim area, would staff, then, say, no, you're not allowed to do that per the comp plan? Hood: Correct. Palmer: Don't bother. You're not allowed to apply to Council? Hood: Correct. Palmer: So, it's code, but it's not code. Hood: I don't know a better way to phrase it. It's not code, but -- Palmer: Essentially -- maybe clarify it this way. If we put that in there you're assuming that Council is saying don't let anybody bring that to us if they try. Even though it's not code, Council has told us through the comp plan you're not allowed to apply for a step up. Hood: Mr. President. Here is maybe a better way to put that. If someone applied in their application, even though maybe in their narrative they didn't mention it, but let's say they were low and we look at their project and they have four dwelling units per acre and we -- oh, you're essentially requesting a step up. We either condition it that they remove some lots to get below that or -- or not process the application if we found -- you know, we found that discrepancy in time. Largely what we would say -- in their application they said we are requesting to go from, you know, zero to three to five, we would probably push their application back and say we can't process that. If they really pressed it and said process our application, we would, but it probably be a recommendation for denial. Or, again, remove lots. So, yes, it's direction from Council and if you want to word that differently, but I would like -- this is one where less is -- less discretion is more. I don't want to be sometimes we will do a step and sometimes we won't. So, it is more clear. It's clear. Bird: Any other questions? Borton: Mr. President? Bird: Mr. Borton. Borton: There is a path to do what -- what Councilman Palmer is saying. If this change were to go forward the direction would be you remove lots or you add a comp plan amendment -- Hood: Right. Borton: -- to your application. Then rather than staff having the step up in-house discretion to process the application, it's a Council decision; right? Hood: Mr. President. That's a better way to state it. I think -- yes, there is a -- there is still a path forward to process that application. Can we still -- whether you call it a step or comp plan map change, you still have to justify it. There still has to be -- it's a little bit different process when you're proposing a map amendment, there is different findings we have to make. Borton: Right. Hood: But, yes, we can still get the right project -- if it's the right project we could still get them to yes. Nary: Mr. Bird? Mr. Bird? Bird: Mr. Nary. Nary: Mr. Bird, Members of the Council, I could also help provide maybe a little bit of context and why that was originally put into the comp plan back in 2001 and 2002. So, back then the state law did not allow the comp plan to be amended -- the text could be amended, but the map couldn't be amended except twice a year and so at the time the city would bundle all of those comp plan amendments to one -- one particular point in time, process through the Planning and Zoning Commission and, then, bring it to the Council and we felt it was a very cumbersome process to do when it was a change from a low to medium or medium to high and so that was the reason that was put in the comp plan originally was to allow that one step without requiring a comp plan amendment, which could potentially -- in theory we may have already just done a comp plan amendment, which means it would be six months until we could do it again. So, the code was very, very restrictive that way. So, that was the reason that was put in there. The state code is not as restrictive any longer to doing comp plan amendments, both text, as well as map amendments. So, you don't have that restriction that existed 15 years ago and that was the basis for the reason for that was -- that was allowed that way. So, again, I know that's not the focus of what you're talking about tonight, but I thought it would help provide a little context as to why did we -- why did we ever do that and if we want to change it what would that result . Again, we have a lot easier method to changing the comp plan today than we did 15 years ago and so that's really the context of why that code was written and the comp plan was written that way back then. Hood: Mr. President, moving right along then. To the second -- the second bullet real quick -- and, Councilman Palmer actually hit on it already and picked up on it. So, this statement really sets the context for the additional policy statements that you see in the second page of your -- the handout that I gave you and in two more slides. So, the goals and objectives, which I will get to in just a minute. So, this is meant -- this statement is meant to encourage developers to think about the rim as an asset and lay out their project appropriately. We don't have really any way to enforce this, but we will ask the developer to explain how they are complying or meeting the intent of this -- this policy statement. So, again, this is one of those maximized -- should be oriented in the -- okay. There is some subjectivity there. Finally, the third bullet then. Right now, again, all residential uses north of Chinden and within a quarter mile of the rim or the Phyllis Canal, are limited to one half to one acre lots. So, really a maximum of two dwelling units per acre, not -- you know, that excludes the roads and other things. So, really, for half acre lots you aren't getting, you know, two dwelling per acre, you got to cut out roads and if you have other amenities and things. So, it's really not a net to the half acre to one acre lots. Again, low density residential, zero to three dwelling units per acre. So, like bullet one there are real implications to real property. But I will show you the extent of the impacts as it applies to the number of properties this policy would apply to. Again, though, this is a should, not a shall type of statement. Staff evaluates projects for appropriateness on a case-by-case basis. If a lot or three were smaller than half acre were abutting urban lots, we might deem that design appropriate. But this is a good guiding statement for what we generally are expecting. So, again, case by case we want this to guide, be thinking about it, but it's not -- it's not -- it's not code. If you have one lot that's 21,000 square feet, just under a half acre, it doesn't mean we will deny the project necessarily. The zoning code will control. Okay. So, this is the -- the next exhibit. Sorry. This is meant just to show you what the text means or what it applies to and I have got several more -- several handful -- a couple few exhibits that show you more what this means, but I just want to kind of show you the extent. So, again, a quarter mile each side of the top of the rim, north and south. So, if you want to spend more time on that or come back we can. But I have got some more that kind of show it. This is the second page of what I just handed out to you, again, so you can have it for quick reference if you need it. What this is -- is what we typically use in the planning department when we are evaluating applications. What we looked at -- the first three bullets sets the stage for these policy statements. These are the ones we typically -- if you look at ID number those, ones you will see in your staff report. This is usually what we read and recite back to you and say does the development -- does the development comply with this objective or this action item. So, here are the new -- the first one is the objective and the other three, the A, B, C, are the action items that feed the objective. So, I'm not going to sit here to read them to you. They are on your screen. Hopefully you had a chance to read these beforehand. But these are, again, what staff will use -- aside from the guiding documents we just talked about and if someone applied for a step up we say you can't really do that here. But this is what we will cite in most of our staff reports when applicable for projects that are in the north rim, south rim and other notable vistas. We don't have any right now, but we just put that in there for other properties that may have similar -- could be deemed similar assets. These are things to consider. So, again, I don't view any of these as too onerous or -- it's something, again, really, the intent is to get the blood flowing of the property owner developer to say, hey, do we have something here we can maximize as an asset that can make -- that can preserve -- provide that view corridor going forward. So, these policies just boiled down encourage, but don't require preserving view sheds or any development to make use of us views using open space to benefit neighborhoods with views and encourage open vision fencing to limit obscuring views . These are all goals which we are seeking to achieve with lots of options and examples for a variety of development types from estate to high density apartments. Most cases are actually regulated or required in the UDC. Just to be clear there isn't any pending UDC application or effort to update that. So, it's already -- some of these things are already covered there. Unless there is any questions on that -- Cavener: Council Member Borton -- vice-president -- I don't know what we are calling you. Caleb, just a thought that has popped into my head as you presented some of this. At anyplace is it contemplated maybe a reduction in an open space requirement for these types of lots? I just -- it seems to me you have got large lots with lots of space built in, that's why we have open space and requiring a developer to come up with such a large requirement on top of that could be challenging. Just curious if that's been contemplated and your thoughts. Hood: Yeah. It's a good question, Councilman Cavener. And -- yes. So, we -- you may recall it's been maybe eighteen months ago or so we did do a UDC text amendment. I might get this slightly wrong, but I know I'm very, very close. For projects that have the average lot size of 16,000 square feet or more -- so, our current standard is ten percent open space requirements for subdivisions of five acres or more . If you're doing a subdivision that has the average lot size of 16,000 square feet, we drop that half to five percent. So, still some open space, but there is a significant reduction for larger estate lots and open space. Happy to think about that further, but that was predicated on the project of in north my Chinden, kind of -- so, anyways, yeah, that just fairly recently changing in our code. Little Roberts: Mr. President? Bird: Mrs. Little Roberts. Little Roberts: Caleb, do we have any developers that are currently working on anything that they are considering a step up or step down? Hood: Mr. President, Council Member Little Roberts, I'm not sure how to answer that question. Yes, they are in process all the time. I don't recall just off of your agenda tonight if anyone was asking for that, but we get that request quite frequently. As it relates to the north and south rim areas, though, I can't think of anybody that's requesting a step up right now. We have -- and I will get to this in a couple of slides. We have talked to a couple of property owners that have properties within that -- the south rim overlay area, but they aren't asking for a step. They are largely developing consistent with what we are proposing here. And I don't know if now is the right time, but I have a note about this to some degree talking about entitlements. If you have an application submitted right now and in process, these policies aren't retroactive to your application. It's what's on the books at the time of your application acceptance and processing. So, anything that's going through the process or recently improved or entitled, that's your entitlement. We don't say never mind, we changed the rules and now you have a new game to play, you got to develop to this. So, a little more on that later, but -- did I answer your question okay? Little Roberts: Thank you. Hood: Okay. So, here is -- here is the same exhibit that I showed after the first three bullets, but it's got our future land use map underneath it. So, lighter green color is our low density residential. The yellow is medium density residential. Again just largely shows the scope, to clarify, we aren't proposing to add this overlay on to the actual future land use map. This is just an exhibit to show, really, what that looks like. But this wouldn't be something that goes over the top of our future land use map as a base layer, so -- and I mentioned previously, but, really, the impacts in north Meridian are largely between State Highway 16 and a quarter mile west of Black Cat, because everything to the east of that is either Tree Farm, Spurwing, or already developed -- other county subdivisions. So, like we were just talking, this doesn't affect them. But there are a couple of properties in the low density there -- and the medium density wouldn't eligible for the step up -- so, they can ask for high. So, there are some real impacts in that area, but I don't envision somebody wanting to do more than what this would allow. But to be fair, I haven't knocked on those doors of those three or four property owners to say do you have any concerns. So, here it is with an aerial. Kind of describing what I said, but, again, Tree Farm is building out, so you don't see all their phases and the original development agreement and zoning that goes to the west of Black Cat. A lot of that -- Borton: Mr. President? Bird: Mr. Borton. Borton: Caleb, quick question. Looking at this map, what's the topographical reason to cover the area below the Phyllis Canal -- north of it that's literally not on the rim? Hood: So, Mr. President, Commissioner -- or Councilman Borton -- Mr. Nary helped me out on the last one with some of the history on the step and maybe he can -- so, if you reference what I handed out to you there, we are not proposing a new -- we are changing a name, but that's how it -- currently how it reads. Why, I don't really know. This dates back before my time. So, I don't really know why it was -- certainly the top of the rim I understand, but below it -- the river maybe. I really don't know. But this is -- just to be clear, this isn't new policy for them -- for the north rim, Spurwing, north of Chinden area. We are changing the name, but if you look at the text in that third -- oh, sorry, I'm on the wrong -- on that third bullet, it already says north of Chinden and within a quarter mile or less from the rim. So, sorry, I don't have the history on the why. And, then, the next in the series, then, would be the low density underneath the overlay. So, again, this would affect those properties -- instead of that range being from zero to three, they can only develop up to half acre lots in that area where we talked about entitlements. But, again, the underlying zoning controls. So, after we get -- after you get your annexation and zoning in the comp plan -- the comp plan largely goes out of play, it's no longer relevant. You have got your entitlements and the zoning code is what controls how that property develops and the development agreement typically. So, stated a little -- another way, but a little bit differently, the comp plan policies developed after property has developed don't really apply. So, again, that area -- there is three quarters of a mile or so area west of Black Cat, east of Highway 16, that doesn't have any entitlements in the city and below the rim. But the policy is the same, low density. I think I kind of covered this already in those slides. Just a blow up if you want to get into any more details of what that -- what that looks like on any in particular property or -- or areas. So, we will spend a little bit more time as you go through the south Meridian properties. Largely there is no -- no change here to the current practice and policies of the city there. The south rim -- here it is overlayed on a future land use map. Again, this isn't included on the map, but just to show you what that would look like. Here it is with the aerial version and, then, the aerial with the areas that we would say, no, you're not zero to three anymore, you're half -- that's a half acre lot would be your cap? So, I mentioned I had some blow ups in the south Meridian. I -- this isn't in my presentation, this is something I put together today, but I am going to -- I am going to hand it out to you. I don't know how much time I will actually spend on it, but I do want you to have it anyway. So, just one second. And I did take some liberties with this in the legend that you will see -- and I will even just explain so everybody can see on the screen here, the difference between some of the yellow properties that are highlighted here, which -- which, essentially, is meant to represent part -- are properties that aren't subdivided properties in the county -- largely carry high redevelopment potential, but they are -- I won't say they are prime, but they are, you know, fairly ready for -- for development and they would be -- they would be subject to these policies and, again, I could see them -- there being an impact to those properties. Now, that's not to say that the properties on Val Vista and Aspin Cove, Ariel Estates, some of these county subdivisions that are also on the screen wouldn't be impacted, but colored I have colored them on your map kind of a -- more of an orange color with limited redevelopment potential. Do I think that those county one, two and five acre parcels are redeveloping, yes. Do I think they are going to redevelop at medium density, though? No. I think they are in that range of half acre style -- largely because -- for multiple reasons. I have talked to a -- I have heard from a lot of those people, saying either our CC&Rs prohibit this, this is the way we want it to happen, but they see it happening over time that there will be lot splits or maybe even three or four lots out of that, but I don't see this -- you know, at least not in the 20 to 25 year horizon of the comp plan, transitioning to high density -- higher density residential in this area, just because of the nature of this area. It is -- there are several county subdivisions in the area and if any one person or one -- one property owner came in and said, hey, I want to do eight dwellings to the acre. I don't think that would ever fly, with you or the neighbors. So, that's why I -- is it possible, yeah, you could do a comp plan map amendment, though. I don't -- this is a largely developed, but with redevelopment potential in the city. So, again, take what I gave you with a grain of salt. That's just me. But it largely is also meant to show, you know, again other -- other properties that are already entire -- entitled or developed out to show the impacts. So, we have on the yellow are my interpretation of those properties are more impacted , if you will, or these policies apply more directly to them than other parcels. So, going forward that's kind of how you will see the -- the map. So, in this section everything except for the red piece -- and the red piece is highlight red not yellow, because that was part of the south Meridian annexation from a couple years ago. So, they have got zoning, but they don't really have any entitlements to develop. They are required to come back to you with their development plan. So, they have a little bit different story. But everything else on the screen here is either built or entitled or not a low density property. So, the redevelopment potential in this area for low density just doesn't -- it doesn't exist. And, then, this one -- as you move a little bit south and are certainly more and more larger parcels with more, in my opinion, redevelopment potential that would -- that are subject to -- to the changes in the area tonight. Again, the large -- larger properties that haven't been subdivided in the county. So, you can see I'm not going to call them all out there. You can see them -- again, there is a fair number of properties there that would be subject to changes . Also just to point out here, in the middle of the screen where Amity kind of gets bisected there, where a property is partially in and partially out, the future land use map is not parcel specific. That's stated directly -- like the guide, these designations don't follow property lines. They can float. I think you heard that term before. And they -- they aren't meant for one -- this is this property's designation on this one, but it's a general -- generalization of that -- that land use map. So, there wouldn't be a hard line there, you know, all of a sudden half acre lots and, then, you could ask for a step up and do eight dwelling units per acre. We look for that transition. So, I just wanted to call that out. Some properties are more impacted than others. You know, again, this one has a significant portion. Some of them only have a third or less of their land area that actually goes in that quarter mile defined area. So, here is the last aerial that kind of shows it. Again, as you get towards Meridian's portion of this rim, which, essentially, ends at Boise Ranch golf course, there certainly are some opportunities for redevelopment of properties out there where their designation is low density right now that, again, would be impacted by the changes. So, this is the other -- this is the third page, for those of you in the audience, this is the third page -- you have, essentially, seen everything they have seen, except for the 11 by 17, but this is the third page on your thing and it just summarizes for everybody what is proposed tonight. Removing a step for those areas. You can't go from -- you know, a lot of people talk about lower R- 4 or R-2 to apartments without doing that -- that map amendment that we discussed and, again, for areas that follow -- the following three bullets apply, that density range, it's further restricted from zero to 3, one to three, to one to half acre lots. So, that's it in a nutshell and I’m sorry it took a half hour or more to go to that one when I could summarize it in one slide, but I did feel it warranted just some explanation and the summary. So, in closing these changes were a collaboration back and forth with the coalition to plan -- to see you're given nod to this asset is the southern rim, at least that's kind of the vibe I was getting from -- from Council. And, again, staff's understanding that it doesn't accomplish the ultimate goals of the South Meridian Coalition, kind of more to come on that. More changes would be necessary to -- to truly preserve unique development opportunities in the south rim. Again, through o ur new comp plan or other direction you give tonight we would be happy to do that, but that does warrant more substantial stakeholder involvement, public involvement and staff having the resources to dedicate towards that effort. The other option -- I think I alluded to this earlier, but the coalition or anyone else always has the option to submit their own application and run it through the process and staff review it, so we are trying to do something we thought was helpful, you know, on our -- while we are going through the process you got something, okay, piggyback on. Again, in retrospect it doesn't seem like it was that simple. So, sorry, I just saw a typo, but we did have a couple of letters -- one a letter of support from the southern -- South Meridian Rim Coalition for the rim text. We did receive that letter prior to the P&Z meeting. Denise LeFever questioned at that - - at the P&Z meeting, the public outreach, particularly in the north rim area and, then, since the Planning and Zoning Commission meeting we received a letter from the Building Contractors Association of Southwest Idaho. You should have that letter in your packet from last week and, then, just maybe a minute on that before I allow Warren to speak for a second. Just in the letter -- and I hope that came clear in my presentation tonight. We aren't proposing any future land use map changes. It is a text change only. So, I just wanted to clarify that. And we didn't go to the BCA and I have -- I have already kind of fessed up to that, not that -- again, in retrospect we should have, probably, but -- but we haven't historically gone to them for these annual updates. I realize this isn't your typical annual update, there are real new policies in here, but if that's what you direct us to do I'm happy to work with them and explain this to them and we can -- we can play those scenarios out, so -- but I do want to just make it clear we weren't trying to screw with any requirements or do anything, you know, to try to slip anything by anyone, there was certainly nothing intentional -- yeah. So, just with that being said, so -- and, then, finally, in further conversation with Public Works, Warren wanted to just make a couple of comments tonight on -- on potential impacts if this is approved. Bird: Mr. Stewart. Stewart: Council President -- excuse me, Members of the Council, I just wanted to take a moment to talk about this potential -- the impact that this particular change might have and maybe some things that we might feel were -- are appropriate for a Public Works standpoint. So, we just completed a master plan -- a sewer master plan for the City of Meridian that just barely finished a few months ago and the densities that we used to develop that master plan, the size of the lines and everything else, were based on our -- our Comprehensive Plan, our previous -- you know, prior to these kind of changes or these densities. The densities that we utilize have a real impact on the viability of the sewer and water infrastructure in an area. It takes a certain number of connections per mile of pipe in order to pay for that infrastructure's maintenance and operation and ultimate replacement. If we don't have enough connections -- and that's generally speaking around three dwelling units per acre, then, you can end up with a situation where other ratepayers may subsidize these low density lots. We haven't really had a chance to analyze this in detail and determine what the impacts that might have and also maybe provide recommendations for mitigating those impacts to other ratepayers. So, I know that you -- you might be inclined to make a decision tonight, that's certainly your prerogative, but I think from our perspective we would appreciate just a little bit more time to -- to look at the impact that this may have on the Public Works Department and the infrastructure and make sure that we can make adjustments, either to our planning, maybe we don't need line sizes that are as big if the densities go down and so forth, before we -- we still haven't got comfortable with this yet. So, I would just leave that with you. Bird: Any questions for Warren? Any questions for Caleb? Hood: So, Mr. President, that ties right into last slide, which are your options. So, as Warren said, you -- you know, we have laid out the options and there may be sub options within this, but you can approve everything we have submitted, approve just what Brian presented to you tonight, kind of more the administrative changes, and table the rim changes. What the parentheses really means there is some direction from you . If you table it for three months what's the expectation or should we do this as a bigger comp plan update process and we have talked about that before, this being a specific subcommittee type of level thing in that new comp plan, one of the six or seven steering committee type things that look at their -- again, if -- that's if you choose Option B, some -- some suggestions or a date certain of when you expect us to come back with recommendations and kind of what you -- just some general guidance overall. C would be, again, approve proposed changes with any specific revisions. If we want to change a shall to a should or something like that or, again, you can delay or deny all changes. If -- certainly those options. So, we tried to kind of summarize your options at this point. The administrative changes, you know, as Brian presented them to you. We -- we can go on doing our business without those, but certainly it's cleaner and easier if we at least get the administrative changes approved this evening, so we can have the most, you know, accurate plan for the community going forward at least for another year or two, until we can get a new one. So, I'm sorry for the long presentation, but I think -- I wanted to make sure I covered everything. Bird: This is a public hearing. So, Council, what's your -- Cavener: Mr. President? Bird: Yes. Cavener: Questions for Caleb I guess before your -- so, Caleb, is this the first time that the city has proposed I guess not allowing a step change? It just seems a little bit like foreign territory, but I -- I guess I just don't know if I have -- I have missed, if we have done this in another part of town. Hood: No. I mean -- Mr. President and Councilman Cavener, not wholesale or any one specific area where we say, hey, all the rules apply, except for this one to you. I was just going to go back to the way the policy currently reads. So -- yeah. So, we have -- if you look on the first -- your first handout, the first bullet, we -- we -- it doesn't apply to the area bound by Can-Ada, Chinden, McDermott and Ustick Roads. The Fields area. Or within the Ten Mile interchange specific area. So, yes, we do have two other areas where a step -- we don't -- we wouldn't process an application without a comp plan map change. So, not new territory, it's the third territory. Bird: Any other questions? If you not, we will see if anybody from the public wanted to testify. Coles: Mr. President, we did have three sign ups. So, I will begin with Denise Hansen LeFever, who wishes to testify. LeFever: Denise Hansen LeFever at 6706 North Salvia Way. I'd like to address the Council concerning this. I did have a chance to spend time with Brian and I thought Caleb did a really good job on summarizing the north and the south rim. As far as the administrative changes, I'm okay with that. That's not even an issue. You know, that -- that's fine with me. I don't have anything to say about that. But the north and the south rim, I am very concerned about those changes, and I'd like to clarify that I'm not only just concerned about the north rim changes, I'm concerned about the south rim changes and I'd like to explain why. One is I think it's great that the South Meridian Coalition wants to preserve the rim and -- and that's wonderful, but what I'm concerned about is the level of outreach and the ability for the public to comment on these changes . This did have an -- this does have an impact on the ability to develop and the -- and the particular property owners rights and that's what it comes down to is property owners rights and, you know, living in the Spurwing area, this -- the changes here kind of water down what was there already. Before it was really clear that it was a quarter mile. There is nowhere in here that says those lines that are drawn on that map is a quarter mile. You know, it was really clear that we wanted to keep the -- from the east of the -- the compatibility to the east of this -- the Spurwing. That was clearly in there. You know, in here there was no shoulds. It was a half acre to an acre. There is not these shoulds that are in here. Throughout here now there is these shoulds in here. So, you know, I'd like to see either the changes for the north rim -- the language that was there that was developed -- and if it's my understanding -- I may be wrong, but, you know, this is a pretty lengthy process that they go through to develop the City of Meridian Comprehensive Plan and this north rim was part of that and that's what the people decided. That's what a lot of people got together and a lot of input decided on that language. So, to go back and have a staff led objective without having the people make those decisions on that change, I'm just not comfortable with. And as far as the south rim goes, although I really do understand them wanting to keep their asset and preserve that, I'm very concerned that the property owners -- and it's right there in the staff area, that they are disallowing a step up, which impacts their ability to develop that land, and - - and those people that you could specifically identify on the map who they were, haven't had a chance to come forward through the process, through neighborhood meanings, postings, coming to testify, they haven't had that opportunity to either be okay with it or objective to it and same what the developers, not all the developers were contacted if they were okay with it or not okay with it. So, what I'm asking at this point is either deny it in total or go back through and set this aside and give it several months to go back through and get that outreach or to go back through and actually do it through the Comprehensive Plan adjustment. Thank you for your time. Bird: Thank you. Any questions? Thank you. Coles: Next on the list is Susan Karnes, who wished to testify. Baumgartner: Cathy Baumgartner. 2310 East Lake Hazel Road, Meridian. I want to thank you for the opportunity to speak today with regard to the Meridian Southern Rim Coalition, on behalf of them we want to express our support for staff's recommendation with respect to the administrative changes to the Comprehensive Plan as they pertain to the south rim that's before you tonight. I want to make one point that I think the Council needs to -- to be clear that this -- the changes to the -- the text changes that are proposed tonight are only applicable to low density, those that -- those areas that are already designated as low density. So, we are not taking away property owner rights, we are simply allowing the -- the property owners along the south rim to have the same type of protections that are in place for the -- for the north rim and it's only applicable to low density. It also does not apply to current applications. So, none of the developers that currently have applications in play will be affected and we believe that , you know, that the breadth of the proposed amendments that we had proposed to staff were substantially more significant than these and we had hoped to be able to -- to integrate those immediately, because of the -- the rapid development that's occurring right now and I understand from -- from the Council that there is an intent to -- to revisit the Comprehensive Plan and the FLUM, but that's, as we say, is a very lengthy process and in the meantime all of the land that is out there is being eaten up without any consideration whatsoever for the asset that that -- that particular southern rim represents for the city and so I think it's critical that -- that we make -- at least make an effort to recognize and acknowledge the fact that the south rim has not had any representation whatsoever with respect to the comp plan in the original -- in the -- when it was originally drafted. So, that's -- that was our effort. I think that staff has done a very good job to -- to be able to put some language in place that falls within the restricted -- within the restrictions and within the purview of -- of what can be changed in an annual review, without a lengthy comp plan change and there are -- you know, public hearing -- I'm sorry. Excuse me. Public notices have been sent out and we -- we believe that there has not been any other comment and BCA had an opportunity to provide comment prior to this and failed to do so, other than to -- to request a delay and we -- we would propose that these make -- the staff's recommend -- recommendation be approved and move forward and we look forward to , as the Southern Rim Coalition, look forward to the opportunity for you -- to come before you again with more substantial proposed amendments throughout the process -- through the appropriate process of a Comprehensive Plan change and the -- and addressing the FLUM issues. So, with that I propose you approve it and -- and if you have any questions I will stand for questions. Bird: Any questions? Palmer: Mr. President? Bird: Mr. Palmer. Palmer: Maybe not a question, maybe a couple corrections. There was a couple points where you used the words no consideration whatsoever has been given with regard to the -- the asset of the southern rim. The last two project that have been proposed and have been before us that your organization has come in protest of were denied. You had mentioned BCA and their not submitting comment. They weren't informed of tonight's issue until just recently. And so that's -- their request for the -- the months of delay I just kind of -- offer those couple of points that this Council has given extensive consideration to the asset of the southern rim in projects that have been brought before us over the last several months. Baumgartner: President Bird -- Bird: Yes. Baumgartner: -- Council Member Palmer, in response to that I -- my -- my intent was to say with respect to the Comprehensive Plan. There was -- there was specific -- the need -- or the -- the north rim was specifically addressed in the Comprehensive Plan and there was nothing in the Comprehensive plan specific to the south rim and that's what I was -- that's what I was referring to. I wasn't referring to any active applications, because that would be inappropriate for us to talk about it at this point. So, I -- and with respect to -- to public notice, you know, I -- I don't know what -- I guess I -- you know, I apologize if I -- if I'm not as well versed on what the public notice requirements are for -- for this annual text amendment change. My assumption is that -- that we have all as citizens and special interest groups have all had the same notice and the same opportunity to review those changes. So, I think it's -- it's equitable. I'm just not exactly sure what the process has been, but my assumption is that it's -- that special interest groups have gotten -- have not received any more notice than the general public. So, I think it's important that -- that staff -- you realize that staff has spent a certain amount of time on this and it is -- it isn't perfect. It doesn't ideal. It doesn't represent the desires or the needs of the citizens in south -- in the south rim, but it's a compromise and -- and I appreciate -- I appreciate staff's efforts on this to -- to come up with something that is a step in the right direction. It certainly does not -- certainly does not address the need and address the concerns that citizens have with respect to, you know, the -- the expectation that when they see a low-density designation on the map that there will be low density development and citizens are rising up and they are concerned, because they feel like they have been, you know, given a bait and switch with this -- this beautiful FLUM that designates low density in their areas and they are drawn to those and then -- then there is -- you know, a developer comes through and immediately requests a step up and the citizens are not -- are not -- are not -- are feeling that their -- their needs are not being addressed and -- and I believe that, you know, the one point in the amendment where it says that the north and south rims are not allowed a step up, I can see how that could be controversial, but at this point all the developer needs to do is simply ask for it and -- and in many, many cases it is approved and this allows for a little bit -- a little bit higher threshold with respect to a step up along the rim , which it represents a different type of a land, a different type of development is appropriate for that land when -- when we are talking about a rim. When we are talking about flat farmland without any views of the Boise foothills and you -- and the Owyhees, okay, a step -- a step up is most likely appropriate, but you have to take into consideration the asset that's before the city and if you don't protect it -- it's going to become just like every other piece of flat farmland with no -- with no differentiation and, therefore, no opportunity for diversity in housing that this particular piece of property allows the city to -- to enjoy and so that's what we are about. We are trying to protect the -- the asset the city has before them to enable the city to provide the kind of -- of diversity in housing that the citizens are clamoring for and we can't find , because there is such a -- a boom in development that developers want to have the opportunity to maximize their density without regard for the long-term impact that that's going to have on this city and the city's strength long term. So, I -- that's -- that's our motivation. That's our desire. And that's why we want to come before you in the full process of reviewing the comp plan and reviewing the FLUM and have these kinds of discussions in much more depth, which is appropriate. But at this point this was an opportunity to at least make one small step toward -- toward putting in place some language that would address the desires of the citizens of south Meridian and that's what we are after. You're giving me an awful long time to respond, so -- I hope that was, you know, appropriate in terms of the response to your question. Bird: Any other questions? Thank you very much. Baumgartner: Okay. Thanks so much. Coles: Finally on the list we have Dave Yorgason, who wishes to testify. Bird: Mr. Yorgason, welcome back. Yorgason: Thank you, Mr. President. Bird: It's been a long time since we have seen you here. Yorgason: Thank you. Good to see you tonight. For the record, my name is Dave Yorgason, the government affairs representative for the Building Contractors Association of Southwestern Idaho and my address is 14254 West Battenberg Drive in Boise and, again, thank you for the opportunity to be here. We did submit a letter for your packet for consideration. A quick summary and, then, I will answer any questions you have. But, first, as I had the opportunity to talk to Caleb yesterday late at the end of the day to have a little further understanding of what is being presented, we do not have any opposition to the administrative changes that are being brought forth to you. Our number one concern -- our primary concern is the addition of a south-north rim planning area to your Comprehensive Plan. The way I learned about it was at a builder developer council meeting not too many days ago -- couple weeks ago maybe, where one of our members brought it to my attention. This was recently gone forward and they said this going to affect them, their business and some application work that they are working on. I don't know if it's been submitted yet or not. I don't believe it is. I don't know that for sure, I just know that, as well as some other members of our association have also -- apparently own land and have expressed concern that it would also affect them in their ability to develop going forward. So, with these couple of members who have brought that concern, which is what precipitated the letter to -- that was brought forth to you. I have worked with numerous cities in the area. I have worked with the City of Meridian quite a bit. You have outstanding staff here and I think you know that. I think it might have just been a mistake and an oversight, maybe a realization that this was a larger policy change than what was maybe anticipated, but when you do add planning areas to your comp plan that is, in our opinion, a little more significant of a change. Having said that, as I try to dive in quickly and look at the policy statements and the goals that were written, based on my experience as a land developer in this valley, both in the Boise foothills, as well as throughout the city of Eagle with lots of large lot developments where large lots, large open spaces, transitional lots are all of concern at nearly every application ever done in the last 20 years I have been developing in Eagle, those are very contentious things and I'm aware of the issues or concerns that are brought forth on both sides, both existing residents, the opposition, as well as an applicant. So, as I read these policy statements I though t, well, I can see actually greater problems being created and maybe not so much solving some of the problems that the neighbors currently show and so our request is to table this portion of your application tonight, so they can be more thoroughly vetted. We are offering our assistance to work with staff to try to vet through those issues. So, that's our request tonight. I could go through more examples if you would like. it's a long night. I will stop there and stand for any questions you have. Bird: Any questions for David? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Mr. Yorgason, your organization is requesting a three month delay. BCA's is an organization with considerable means and talented individuals. Can you share why a request for 90 days is being requested? Yorgason: Mr. President, Council Member Cavener, we recognize the holidays are not very far away, so I'm not sure how long it would take to pull together some meetings, pull together some resource of not only staff, but the other landowners who may also may be participants. I think a proper vetting of just -- not just one shot out at it, but make sure there is a significant -- or a reasonable outreach to those landowners who are affected. So, having said that, primarily due to the holidays, make sure there is enough time and, then, renotice. I'm just taking a shot at it. I don't know if we will need that much time, frankly, but due to the holidays I think it would be appropriate to make sure it goes into next year. Bird: Any other questions? Thank you. Yorgason: Mr. President, if I could just add, it's not an intent to stall and delay. It really is intent to work through and work through some concerns. Thank you. Bird: David, thank you. Yorgason: Thank you. Bird: Is there anybody else? Anybody in the public like to testify? Mr. Turnbull. Turnbull: Mr. President, Members of the Council -- name and address or is that required? Okay. David Turnbull. 12601 West Explorer Drive in Boise. I came here for a little project about three hours ago, but, then, was apprised of this item on the agenda by David out in the hallway, so I thought it might not be a bad idea to -- to stay and listen to the presentation. It might come as a surprise to you that I may have property that affected by both of these rim designations. So, I do have some concerns and I do share the view that this needs to be at least deferred for some further vetting by the stakeholders involved. I do have -- and I don't need to go through all of these. I kind of agree with Warren, I don't know that a one acre designation -- half to one acre designation is really in the best interest of the city anywhere . Cities are built for, you know, providing urban services, so I think that's one of the things that -- the whole clause about the view sheds and planning to -- to retain view sheds to me seem very problematic. I don't even know what that means, to tell you the truth, and I think it's -- it's language that may just set up -- you know, be a recipe for argument and I'm not sure that I have ever experienced a city trying to put in a policy in place that gives a prescriptive easement or a prescriptive right for the benefit of one property owner over somebody else's property. So, I think that's problematic from our point of view. So, I don't want to go on and belabor that any further. I would just concur with Mr. Yorgason that I think this is at least prime for a deferral for three months and perhaps ought to be incorporated into a larger comp plan amendment that I understand is some -- somewhere in the works. So, I appreciate that. I will stand for any questions. Bird: Any questions for Mr. Turnbull? Thanks, David. Anybody else from the public like to testify? This is a public hearing. Hood: Mr. President, if I can, just to address some of the concerns that were brought up and certainly not all of them, but in particular the noticing. That was done for this project. It was done in accord with both city code and state code for applications of this type. When notice is required it's 200 or more property owners -- and, again, we are talking text that applies citywide. We don't send letters or postcards to 30,000 residents telling them this. However, that being said, we did do public service announcements and we did put it in the local newspaper, as well as C.Jay mentioned I think 19,000 people that are subscribed on Nextdoor. So, there was outreach done. Now, was it done to special interest groups and that -- no, we have already talked about that. But we did the notice that's required for an application of this type. Just another point of clarification and - and I will leave it at that. But I did talk to Jon Wardle about these as well, because I knew that Brighton had some properties -- particularly in the north and the south. We worked with them on that. So, I did discuss that with Mr. Wardle two or three weeks ago. So, just -- not saying that that doesn't mean we shouldn't continue this out, I just wanted to let you know that I did talk to Brighton Corporation about it. Not Mr. Turnbull in particular, but did do some reaching out and to that point, the Southern Rim Coalition brought up, we did provide them a little more notice, because they were part of this. So, we did tell, them, hey, we submitted the application, the P&Z hearing was this date, but did we go any farther than that -- well, might have to ask Brian, because I know he has been in contact. But, no, we didn't do really anything more than that, so -- again, just some clarification on what we did or didn't do in the -- in the last three or four months, so -- Bird: Any questions for staff or anybody? Little Roberts: Mr. President? Bird: Mrs. Little -- Little Roberts: Warren, what type of time period would you feel would be helpful to vet out regarding cost and estimates and things like that? Stewart: So, a number of years ago when we did the south Meridian plan for this area out here and we were talking about densities as we approached the city of Kuna and there was some designations out there for estate-type densities, we had -- we had a consultant look at -- for us the breakdown of costs for operation, maintenance, the ongoing replacement and so forth, that it would -- and we determined at that time that it was approximately three dwelling units per acre to break even. I think, you know, basically for people to support the infrastructure that it would take to serve that area at those kind of densities. We would have to go back and take another look at that. I -- I don't know exactly how long that would take. We would look at that and also look at the master plan, what the impacts are on the master plan, see if there is going to be any impacts on -- on sizes, capacity, things like that on the master plan. So, I'm thinking that by the time we work through all those issues and -- and also if we are to serve densities that are less than the three dwelling units per acre, say half or one acre lots, with city infrastructure, how do we mitigate for the fact that they really don't pay for the infrastructure that it takes to support them, unless we have some way of sharing that cost. The one thing that comes to mind -- and I'm not suggesting this is the most viable or the only one, but a tiered rate structure, something like that. But I don't know what those issues and solutions are without really looking into it. So, I think the, you know, three month time frame is not unrealistic, but -- Little Roberts: Thank you. Bird: Any other questions or statements? Borton: Mr. President? Bird: Mr. Borton. Borton: Just some statements. I think one of the many benefits of the Comprehensive Plan, map and text, is the -- the vetting and input that goes into making it and updating it. I think it's critical. I think what the Southern Rim Coalition has provided is invaluable as part of that puzzle and not only the homeowners want to be able to rely upon it and, you know, current and future ones be able to rely upon it, but our development community needs to know that as well, that it's a consistent message of what's expected, for better or for worse. So, they can, then, make their decision, then, everyone goes into these things with their eyes wide open. But it takes everybody providing input. I think that's critical and it doesn't -- for me it doesn't really matter who or why notice didn't -- or was or wasn't responded to as quick as it could have been or should have been, you know, we are all here now and we have got an opportunity to -- to continue this process. Input from the Coalition is -- I think is very valuable. I do want to hear what are our city staff is talking about, some service concerns that may or may not exist, but needs to be vetted. It seems wholly appropriate to get that information. It may or may not change any of these recommendations. Same with input from the BCA. Absolutely appropriate. It may or may not change any of the recommendations. But the value of this plan is when the input is gathered from all of these different components and it's all balanced against each other, then, we make a decision and everyone's participated and we can feel comfortable sticking to the plan. I know it's not necessarily binding, but I like the Comprehensive Plan, though not technically code, to really give a clear direction for the benefit of -- of our citizens and our builders and developers to know what's expected and if it -- and if it's the intent to make a change like this, then, let's let everybody know. But the first part is to get all the input from -- from all stakeholders and -- and I think it is -- I don't know how you do it before 90 days. I'd love to get an update on how that outreach and analysis is going in 60 days, 45 days, some sort of update. I don't anticipate you would have it finished, but you're probably well into mid to late January with the holidays, if not February 1, to really bring back the northern and southern rim proposals as they may be -- may be amended from that process. The administrative changes seem to make sense and are somewhat carved out in this presentation and -- and everyone has reviewed and seems to feel comfortable with those and we can act on those going forward. But to Caleb's presentation and kind of options of next steps, which are I think very helpful, it makes sense that as much value as we see from the input from the Southern Rim Coalition and -- and whoever else has had ample opportunity to participate, that our city staff and the BCA and -- and those developers and landowners we know for sure own property in these two areas, get some specific outreach and input. It may or may not change the recommendations come February 1, but with everyone having participation feel a lot more comfortable with it. Bird: Mr. Palmer. Palmer: Mr. President. A few comments and, then, I will make a motion. In addition to all the -- the reasons for several a month delay, I would add that here next month we have the potential for the replacement of a third of our -- our existing City Council and this is a large enough change that we are all going to be affected by that the next few years, that having the potential new councilmen's input into what's going to affect them doing their job I think would be valuable, in addition to the possibility, hopefully, of having a new director of Community Development, providing us additional opportunities for expertise. I think it makes sense for us to approve the changes that nobody is objecting to and table or continue the discussion on February 6th for the -- the rim issues. So, with that I would move -- I move that we approve -- Bird: We got to close the -- Palmer: Oh. Bird: We got to close the public hearing. Borton: Move we close the public hearing. Bird: Or you can continue it -- you can continue the public hearing to February 6th completely. Unless you want to specifically approve that one section and I -- I think if we are going to vet everything, I think we need to vet the whole application myself. Thank God I will be gone a month before February 6th. Cavener: Mr. President? Bird: Mr. Cavener. Cavener: I would agree with you. I would be favorable toward leaving the public hearing open for the entire piece, asking for feedback from stakeholders on the entire I guess application text amendment. I tend to agree with Council Member Palmer and Council Member Borton, on the necessity to continue this a little further. I guess I would also ask that perhaps maybe that last meeting of the year we be provided with a status update as to the progress that's being made. I know oftentimes, especially in the holidays, it's easy for this to be pushed back and can kicked down the road and at least a status update will ensure that we will be able to respond timely with a new Council, but I would also hope that new Council elect would be attending those meetings as well, so they could have a good understanding of that point as well. Palmer: Mr. President? Bird: Mr. Palmer. Palmer: Mr. President, I have no objection to that. I move we continue the public hearing on H-2017-0113 to February 6th. Bird: 2018. Palmer: 2018. Cavener: I will second with a question. Bird: Okay. Got a motion and a second to continue to February 6th, 2018, and is there any discussion? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Did the maker of the motion also contemplate the status update at the also meeting of the year? Palmer: I don't know if -- Cavener: Or the workshop. Either or. The December workshop is fine. Palmer: Yeah. I don't know if we can do it through a motion that the Mayor sticks that on the agenda, but I would hope that certainly that would happen. Bird: We see that that happens. Any other -- okay. Any other discussion? If not, Mr. Clerk. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Hood: Mr. President? Just to continue on that, particularly to get even into the update at the end of the year, but even when we get to February I still don't know what the expectations are. How do I notice -- you said everybody affected there. Are we sending letters -- again, the notice is done. What -- what's the expectation from Council in the coming months? Am I to write letters to everybody noticing them all of this, inviting them to City Hall two, three, four times, like in the 2012 process where we had multiple open houses? Do we -- do we propose what we originally proposed as a starting point? Do we start from scratch? What -- I'm not quite sure what we are doing here. So, some direction certainly helps going forward. I got February, but I don't know what I'm doing in between necessarily, besides more outreach. Palmer: Mr. President? Bird: Mr. Palmer. Palmer: Mr. President, Caleb, my thought would be to work with those that are interested today to identify people that they -- people in organizations that they believe would be affected and interested in participating in the conversations in the meantime, so that when it comes back on February 6th we will have made sure that -- that anyone any of us can think would have a serious enough interest in it to -- to provide comment to either come or provide comment beforehand and, then, that -- that way it will be -- I feel like we will be a lot better position to actually make a decision. Cavener: Mr. President? I perhaps take it one step further. I would be supportive of a letter going out to any of the property owners that are affected in that area. Hood: So, again, just further clarification on that then. Is that everybody that's within the quarter mile area on north and south rims? I mean that's thousands of letters. And don't get me wrong, I don't mind doing that if that's what you want to do. It's going to create confusion I think or is it -- properties are low density within those areas or -- where is that line drawn? I just -- I just need to know what -- Cavener: Mr. President. I think for clarification the low density for me is where I would be supportive of. Again, I don't want to speak for the Council, but that would be the direction I would provide. Bird: Any other -- Little Roberts: Mr. President? Bird: Mrs. Little Roberts. Little Roberts: I agree. I think that would make the most sense, Caleb. Hood: And, then, again, just so I can kind of -- I will send a letter to everybody with help -- to help identify other interested parties that may be there. I will hold something here at City Hall. Am I, essentially, presenting what was presented to you in getting that feedback or are we starting from square one or what -- is there some generally direction on, yeah, the rim is something or do we start from should the rim be something? Borton: Mr. President? Bird: Mr. Borton. Borton: For a suggestion. I think it's fair to present the -- that a lot of work has been done to try and address some assets in the community that -- that are the front of our attention. No decisions have been made. This is language that tries to capture some of those desires to address those particular assets. But before this comes back to Council we want to get your input and thoughts or if you have got questions or concerns about the general intent of what the city is trying to -- trying to address and at the December workshop, if that large meeting doesn't -- hasn't occurred, at the very least hopefully Warren's had a chance to at least do some preliminary analysis on his concerns from a Public Works perspective and the BCA has had an opportunity -- or you have met with them and perhaps Dave's had some outreach to -- to the organization prior to December 8th and -- and the Rim Coalition is kept within the loop as well and is an active participant. Is that helpful? Hood: Yeah. Again, any -- I just don't want to come back in February and, no, you missed the mark. I need to know what -- what's expected here for December and February and if it's -- you want me to have three in-person meetings with people that are low density and anyone else identified, I will do it. Yeah. I -- then we don't have to design the whole program, you know what I'm saying? But just -- already this helps, so -- Bird: Caleb, I think -- I think that between the Building Contractors, the South Rim, and the north rim, it's up to them now to make sure that they get informed and stuff and I'm sure they will. The developers that's gotten ground out there, I'm sure they are going to be -- want to be informed and the residents will get their information through the -- the South Rim deal, which they -- which is a very -- those people -- basically two ladies have done a heck of a job getting that out there and getting that taken care of. So, we will see, C.Jay, that we get it on the workshop for an update for February and we invite everybody back. Bird: And with that we will move on to future meeting topics. Anybody got anything? Other than December workshop? Borton: Mr. President? Bird: Mr. Borton. Borton: Mr. President, if the December 8th workshop will be the one where we get an update on at least the first level of progress with -- with Public Works and the BCA, it might be a time to give us an update on the calendar of the -- of the broad brush comp plan amendment schedule, 18 month or -- kind of do both of those at the same time. Bird: Any other -- if not, Council, I would entertain a motion to adjourn. Nary: Mr. Bird? One last thing if you don't mind. You folks were handed a book by Commissioner Jones from the HPC. This is a combined walking tour book now. If -- if you recall in the past there were two, one for the north, one for the south. So, between the work of the Commission and Hillary and the clerk's office, they have been able to combine into one and President Johnson forgot to mention that when he handed those out tonight, that now we have it all in one -- one resource for the kids and for the public to use and are available through the clerk's office and out there on the sign there is actually a box that they try to keep stocked. So, anyway, I just wanted to let you know why they handed it out to you. Bird: Thank you. Okay. Anybody want to adjourn or -- we are going to go on the couch and go to sleep. Little Roberts: I move we adjourn. Borton: Second. Bird: Have a motion to adjourn and a second. All in favor say aye. Any opposed? MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: See you guys. MEETING ADJOURNED AT 9:34pm (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYbR TA DE WEERD DATE APPROVED ATTEST: — -PGo�QD�kp.TEDAIjo i C. JAY OLE CITY CU -R9 C;wur w 2 IDA" SEAL Meridian City Council Meeting DATE: October 24, 2017 ITEM NUMBER: 5 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) 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 FORUM SIGN -IN SHEET Date: October 24, 2017 Prior to the commencement of the meeting a person wishing to address the Mayor and City Council MUST sign in and limit their comments to the matter described below. Complaints about individuals, city staff, business or private matters will not be allowed. Testimony or comment on an active application or proposal that is or will be pending before Planning and Zoning or City Council is strictly prohibited by Idaho law. Each speaker will have up to three (3) minutes to address the Mayor and Council, but the chair may stop the speaker if the matter does appear to violate guidelines, varies from the topic identified on this sign in sheet or other provisions of law or policy. Print Name Provide Description of Discussion Topic S Meridian City Council Meeting nATP• nrtnhPr 24 2017 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Approve Minutes of October 10, 2017 City Council Workshop Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Workshop October 10, 2017 Page 67 of 67 Bird: So moved. Borton: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Bird: I move we adjourn. Milam: Second. De Weerd: All those in favor? MOTION CARRIED: ALL AYES. thnkasMEETING ADJOURNED AT 8:02 P.M. (AUDIO RECO ING ON FILE OF THESE PROCEEDINGS) DATE APPROVED ATTEST4�---�, r 'r CITY CLERK `...7 Meridian City Council Meeting DATE: October 24, 2017 ITEM NUMBER: 6B PROJECT NUMBER: ITEM TITLE: Approve Minutes of October 17, 2017 City Council Regular Meeting MEETING NOTES M APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council October 17, 2017 Page 21 of 21 Bird: Anything on future topics? Seeing none -- all you students, if you'd come up and see the city clerk he would be glad to give you a Meridian city pin showing you have been here. Thank you for sitting through. With that I would entertain a motion to adjourn. Milam: So moved. Barton: Second. Bird: All in favor? MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: We are out of here. MEETING ADJOURNED AT 6:51 P.M. (AUDIO RE ORDING ON FILE OF THESE PROCEEDINGS) Af-) OUNCIL PR SIDENT KEITH BIRD DATE APPROVED ' ATTEST: o�Q0�p.TED AUGUST, C. J COL ,CIT ERK CAVI E IDIAN, IDAHO s^ SEAL , Meridian City Council Meeting DATE: October 24, 2017 ITEM NUMBER: 6C PROJECT NUMBER: ITEM TITLE: PrimePay Benefit Services Agreement MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: PRIMEPAY. CLIENT SERVICE AGREEMENT THIS SERVICE AGREEMENT ("Agreement") is between PrimePay; LLC ("Company") and the employer listed below ("Client"). This Agreement governs the administrative services the Client has chosen to engage with PrimePay, LLC. By selecting the service(s) below and signing this Agreement, I am stating that I have read and understand the nature of the services selected below and the fees for them, that I have read and understand the full Agreement and agree to all of its terms and conditions, and that I have the authority to sign this Agreement on behalf of Client and its sponsored group health plan(s) ("Plan(s)"). By signing this document, the parties agree to the terms and conditions in this Service Agreement and intend for this page to serve as the signature page for the Agreement. The services will have an inception date of OC(,- �% 20fl("Effective Date") StandardI/ Solution Name . Fee Renewal Fee COBRA Solution `/ Premium* COBRA $ 0.75** PEPM*** NONE Standard* COBRA NONE ✓ Optional* Service: $ 2.50/Notice to mail Initial Rights Notices to current participants ✓ Optional Service: $15.00/Carrier/Month to remit collected COBRA premiums to insurance carriers -WAIVED Pre -Tax Reimbursement Solution `/ FSA Administration $ 4.75** PEPM*** NONE HRA Administration PEPM NONE HSA Administration PEPM NONE Optional Service: $ 1.50/PIN to mail PIN Mailer to participants Optional Service: $150.00/Non-English Summary of Benefits & Coverage drafted Parking/Transit PEPM NONE Premium Only Plan Solution Premium Only Plan Monthly Fee Annual FeeT NONE HRAdvisory Solution HR Advisory Monthly Fee City of Meridian PrimePay, LLC Attn: Benefit Services— New Business 1487 Dunwoody Drive West Chester, PA 19380 FEIN: 82-6000225 33 E. Broadway Ave Meridian, ID 83642 `Benefit Service Contact Information Authorized Representative Phone: (877) 972-6272 Fax: (877) 632-9372 Email: flexsalessupport@primepay.com Mayor Tammy de Weerd c/o Christena Barney Email: cbarney@meridiancity.org <William J. Pellicano> Authorized Signature CEO U 'fQidypl / ,- . %> 66"161 PrimePay Acceptance Title Date Authorized Signature Title Datg4 *Please see Schedule C **Per active reported employee on employer's payroll, per month ***Administration fees locked through 2018 Plan Year © PrimePay, LLC Page 1 of 15 Benefit Services & Business Associate Agreement 7 © PrimePay, LLC Page 2 of 15 Benefit Services & Business Associate Agreement SCHEDULE A – BANKING AUTHORIZATION – N/A As part of our efforts to lessen administrative costs, PrimePay has implemented paperless processing in our accounting functions.___________________________, (Client), hereby authorizes PrimePay, LLC (PrimePay) to initiate debit and/or credit entries to the bank account provided below, and Client authorizes the financial institution to process such entries. PrimePay is authorized to debit payment of all sums owed between Client and PrimePay. Client acknowledges that transactions may take twenty-four (24) to forty eighty (48) hours to settle. Client has authority to agree to and to authorize such transactions, and represents that the bank account is a valid and legitimate account for the handling of such transactions, and the authorization granted herein will remain in effect until PrimePay receives written notice from Client revoking it. Financial Institution Account Number Routing Number Starting Check Number Authorized By Name Title Signature Date A VOIDED CHECK MUST BE ATTACHED. PLEASE DO NOT ATTACH DEPOSIT SLIPS Please indicate purpose for this account (select all which apply): o COBRA Solution : Client also authorizes PrimePay to ACH transfer (credit) the COBRA Premiums collected on behalf of Client to the bank account monthly. o Premium Only Plan Solution o HR Advisory o Pre-Tax Reimbursement Solution (FSA, HRA, HSA, Transit and Parking): The Debit Cards (if applicable) and Manual Reimbursement Claims will be drawn from the above account, and Client designates the above bank account as the account out of which PrimePay is directed and authorized to pay Plan claims. For account verification, a $1.00 pre- note will be processed against the above account. Authorized Check Signers must sign 3 separate times with a black felt tip pen if possible; otherwise use black ink. Leave enough space between them so they do not overlap. Do not draw a line under the signatures. For additional signers, attach an additional page. Signer #1: Signature 1 Signer #2: Signature 1 Intentionally left blank Intentionally left blank Signer #1: Signature 2 Signer #2: Signature 2 Intentionally left blank Intentionally left blank Signer #1: Signature 3 Signer #2: Signature 3 Intentionally left blank Intentionally left blank © PrimePay, LLC Page 3 of 15 Benefit Services & Business Associate Agreement SCHEDULE B – THIRD PARTY BILLING AGREEMENT - N/A Client has made arrangements with Payer to assume responsibility for service fees as outlined in the “Client Service Agreement.” The purpose of this Third Party Billing Agreement (“Billing Agreement”) is to establish terms and conditions with respect to payment of such charges. This is an arrangement between the Client and the Payer. It is not an agreement between Client and PrimePay LLC, and Client agrees to comply with all other conditions and obligations as outlined in the Service Agreement. The Client is ultimately responsible for payment of services. Furthermore, payment of services does not imply disclosure of confidential information, and Client must authorize PrimePay to disclose any confidential information to the Payer. Payer agrees to assume full responsibility for payment directly to PrimePay LLC for services provided under the Service Agreement. Client acknowledges such assumption by Payer, and Payer agrees to promptly notify PrimePay LLC if the arrangement between Client and Payer described in this Agreement is terminated. Payer acknowledges its continuing responsibility for payment of all such charges incurred prior to the date notice of such termination is received by PrimePay LLC. If PrimePay LLC is notified by Payer of termination of the arrangement described in this Agreement, PrimePay LLC will continue to provide administration service to Client through the Term stated in the Service Agreement, and Client will be responsible for payment of all applicable charges. If Payer fails to make any payment under this Agreement when due, PrimePay LLC may notify Payer and Client that it is terminating the arrangement described in this Agreement, and discontinue providing service to the Client unless Client acknowledges and accepts responsibility for payment of all charges for its receipt of such Information thereafter. Client Name Payer Company Name Intentionally left blank Intentionally left blank Payer FEIN Intentionally left blank Company Address Payer Billing Address Accepted By On this Date Accepted By On this Date Intentionally left blank Intentionally left blank Print Name Title Print Name Title Phone Number Email Address Phone Number Email Address © PrimePay, LLC Page 4 of 15 Benefit Services & Business Associate Agreement SCHEDULE C – INCLUDED COBRA SERVICES Service Standard Solution Premium Solution Optional Service Provide a real-time client portal that establishes employee and qualified beneficiary records, stores COBRA compliance actions, tracks key COBRA-related dates, electronically archives COBRA notices, and offers a full range of COBRA administration reports. N/A Furnish via first-class mail PrimePay COBRA Welcome Packets to currently enrolled COBRA participants and QBs in their 60-day election period at the time of service transition. N/A Furnish via first-class mail Initial Rights Notice, HIPAA Special Enrollment Notice and Women’s Health and Cancer Rights Enrollment Notice (WHCRA) to newly enrolled participants. N/A Furnish via first-class mail Initial Rights Notices to all current enrolled participants at implementation. Not included Not included Process weekly COBRA files in PrimePay COBRA’s standard format. N/A Furnish via first-class mail Specific Rights Notices (e.g., COBRA Election Notices) and HIPAA Certificates to Qualified Beneficiaries and their covered dependents. N/A Furnish via first-class mail Notices of Unavailability of COBRA Coverage to Qualified Beneficiaries and covered dependents. N/A Furnish via first-class mail Enrollment Confirmation Notices, Premium Coupons, Late Payment Notices, Insignificant Partial Payment Notices, Significant Partial Payment Notices, Termination Notices, Conversion Notices, Change of Address Notices, Plan Change Notices, Rate Change Notices, Disability Confirmation Notices, Disability Denial Notices, Medicare Notices, Returned Check Notices. N/A Maintain Proof of Mail records for all required COBRA notices. N/A Track Maximum Coverage Period, First Day of COBRA/Last Day of COBRA, COBRA Enrollment Period, Initial Payment Grace Period, and Subsequent Payment Grace Period for all Qualified Beneficiaries. N/A Collect and process COBRA Election forms. N/A Provide a real-time participant portal for on-line enrollment, payment processing and account viewing. N/A Collect and process COBRA payments (checks, money orders, Visa®/MasterCard®, one -time ACH or recurring ACH). N/A Collect and process Disability Extension Requests and Second Qualifying Events. N/A Collect and process Benefit Change Requests from qualified beneficiaries. N/A Notify carrier(s) of COBRA elections, changes and terminations by EDI, online portal, email or fax. Not included N/A Remit collected COBRA premiums monthly to client. N/A Remit collected COBRA premiums monthly to carrier(s). Not included Not included Provide email and toll-free phone support for Qualified Beneficiaries. N/A Provide dedicated client support. N/A Support clients through the annual Open Enrollment period by assisting with mailing lists, updating client’s portal with new plans and rates, notifying COBRA population of new rates, issuing new Payment Coupons, and collecting and processing Annual Enrollment Forms. N/A Manage the annual Open Enrollment period for COBRA population, including preparing a COBRA Open Enrollment Form, collecting additional communications to explain benefit plan changes, determining if any required annual notices should be distributed, printing and mailing Open Enrollment packets, collecting and processing Open Enrollment Forms, providing QBs confirmation of election changes, issuing new Payment Coupons, and notifying the carrier or client of participant election changes. Not included N/A Access to PrimePay’s HRAdvisory Service, our comprehensive online HR and Benefits resource center PLUS direct access to certified HR and Benefits experts. Not included N/A © PrimePay, LLC Page 5 of 15 Benefit Services & Business Associate Agreement Master Service Agreement 1) Service Fee. Client shall pay Company in accordance with the initial fees and charges set forth on Page 1 of this Agreement. Subject to any rate lock or other price guarantee on Page 1 above, Client acknowledges and agrees that PrimePay may adjust its fees periodically, and PrimePay agrees to provide advance written or electronic notice of any such changes. Company shall invoice Client monthly for such fees and charges and Client shall pay all amounts due under such invoice within thirty (30) days of receipt of such monthly invoice. 2) Additional Services. If, following the Effective Date as set forth in the Recitals to this Agreement on page 1 above, Client requests Company to provide any services in addition to the services set forth in this Agreement then Client shall notify Company and Company shall prepare a revised Page 1 amending this Agreement so as to reflect the additional services, any related changes in the obligations of the parties and the corresponding change (if any) to Client’s applicable fees and payment obligations. The provision of additional services will be subject to Company’s then available resources and pre-existing commitments, and there is no implied obligation under this Agreement to provide additional services. Company shall provide such additional services as of the first day of the first calendar month following the execution of the amendment adding such additional services, unless otherwise specified in the amendment. 3) Term and Termination. a) This Agreement shall commence on the Effective Date and shall continue for an Initial Term of one year. Following the Initial Term, this Agreement shall automatically renew for successive additional terms of one year each (each a “Renewal Term”) unless either party gives written notice of termination to the other party at least thirty (30) days prior to the Renewal Term. b) Either party may terminate this Agreement by giving written notice thirty (30) days in advance to the other party. A $75 termination fee may be billed if the agreement is terminated in the first ninety (90) days. c) Upon the termination of this Agreement, Client shall pay all amounts due and outstanding within twenty (20) calendar days following such expiration or termination. d) Client agrees that it shall have no right to withhold any payment due as a set-off against claims against Company and waives any such claim as a defense to termination by Company. e) Notwithstanding any provision to the contrary, Company may terminate this Agreement and Service hereunder without penalty or liability upon thirty (30) days’ written notice if in Company’s sole discretion regulatory or legal developments or other factors beyond the reasonable control of Company render its performance hereunder impracticable or impossible. 4) Rights and Obligations after Expiration or Termination. a) Upon termination of this Agreement, Company shall have no further obligation to provide any Services listed in this Agreement to Client or its users. b) Prior to the termination of this Agreement, Client shall extract all required information from the Company’s web- based administration system(s) utilizing any and all standard reports. Company shall have the right to inactivate the System and all user access at any time following the termination of this Agreement. 5) Limitation of Liability; No Warranty. IN NO EVENT WILL COMPANY BE LIABLE FOR AN AMOUNT OF DAMAGES IN EXCESS OF THE AMOUNT OF FEES ACTUALLY PAID BY CLIENT TO COMPANY FOR THE LAST TWELVE (12) MONTHS FOR WHICH THIS AGREEMENT IS IN EFFECT. EXCEPT AS SPECIFICALLY PROVIDED IN THIS SECTION 5, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, AND/OR CONSEQUENTIAL DAMAGES HOWSOEVER INCURRED OR DESIGNATED, OR ANY LOSS OF PROFITS, EVEN IF COMPANY WAS INFORMED OF THE POSSIBILITY OF SUCH LOSS. ALL SERVICES ARE PROVIDED BY COMPANY “AS IS” AND WITHOUT WARRANTY, EXCEPT THAT COMPANY WARRANTS THAT THE SYSTEM DOES NOT INFRINGE THE COPYRIGHTS OR PATENT RIGHTS OF ANY THIRD PARTY. 6) Indemnification. a) Client shall indemnify, defend and hold Company and its affiliates, and their respective investors, officers, directors, employees, agents, licensors, successors, and assigns (both parties and such additional persons are referred to as “Indemnified Parties”) harmless from and against any and all costs, expenses, damages or losses, including, without limitation, reasonable attorney’s fees (collectively “Losses”) arising out of, relating to, in connection with or resulting from, any claim, demand, charge, action, cause of action or proceeding (collectively” Claims”) that arise out of, relate to, are connected with or result from any actual or alleged negligent act or omission of Client that is in any way related to this Agreement. b) Company shall indemnify, defend and hold Client and its Indemnified Parties harmless against any Losses to the extent arising out of Company’s breach of any representation or warranty, or as a result of Company’s negligence in the performance of its duties as set forth in this Agreement. c) Should any liability related to excise taxes be imposed on Client by the Internal Revenue Service as a result of any COBRA violation directly caused by the failure of Company to timely and properly perform any of the services that Company is obligated to provide under this Agreement, Client shall immediately notify Company and prior to indemnification under Section 6.b. above Company shall in its sole discretion have the right to challenge such assessment or liability, or to seek a waiver, abatement or offset (as appropriate) from the Internal Revenue Service with respect to all or any portion of such excise taxes, and Client shall fully cooperate with Company in such regard as a condition precedent to Client’s right to any indemnity under Section 6.b. Client, and not Company, shall have responsibility with respect to any liability for excise taxes and applicable penalties or interest in cases where liability arises out of Client's act or failure to act in accordance with any applicable law or this Agreement. Company shall not be responsible for any damages to Client arising out of the © PrimePay, LLC Page 6 of 15 Benefit Services & Business Associate Agreement unauthorized, dishonest, fraudulent, or criminal acts of Client, its employees, directors, officers, guests, or trespassers, whether acting alone or in collusion with others. d) In cases in which indemnification is sought, the Indemnified Party shall promptly notify the other party of any matters in respect of which the foregoing indemnity may apply and of which the Indemnified Party has knowledge, and give the other party the opportunity to control the response thereto and the defense thereof; provided however, that the Indemnified Party shall have the right to participate in any legal proceeding to contest and defend a claim for indemnification involving a third party and to be represented by its own attorneys, all at the Indemnified Party’s cost and expense. 7) Confidential Information. a) Both during and after the Term of this Agreement, Client shall hold for Company’s benefit and shall not use or disclose to any third party any trade secrets, or confidential information, knowledge, or data relating to the subject of this Agreement or the System or related materials relating to the Company’s operations or business, including, without limitation, pricing proposals or pricing agreements. This restriction will not apply to disclosure to Client’s legal, tax or financial advisors provided those advisors are notified of this provision and agree to this confidentiality provision. b) Both during and after the Term of this Agreement, Company will hold any Client or user data in accordance with Company’s privacy policy as published on www.primepay.com, and Company will exercise the same prudent level of care it would exercise with respect to its own employee and user data, but no less than a reasonable standard of care, in maintaining the privacy, security and availability of such data. 8) Ownership Rights in Materials. All products, forms, procedures and other materials (the “Materials") utilized or made available by Company to Client in connection with any service performed under this Agreement are the sole property of Company and/or its licensors, and Client shall not acquire any right, title or interest in the Materials by use thereof in accordance with this Agreement. Client shall not license, market, copy, modify, sell or transfer any of the Materials, in whole or in part. Client acknowledges and recognizes that any breach of this section would result in irreparable harm to Company, and, accordingly, agrees that in addition to and not in lieu of all remedies available to Company by reason of such breach (at law or equity), Company shall be entitled to equitable relief (including, without limitation, specific performance and injunctive relief) to enjoin the occurrence or continuation of such breach. Upon Company's request, Client shall promptly return all Materials to Company following the termination of this Agreement. 9) Ownership of Systems and Software. Company and/or its partners, licensors and vendors shall be the sole and exclusive owner of all right, title and interest (including, without limitation, all intellectual property rights) in and to the System and all software utilized by Company to perform the Services. Client shall not, and shall not permit any third party to, (i) modify, copy or otherwise reproduce the systems or software, (ii) remove, destroy or omit any copyright notices, legends, labels and other notices of proprietary interests appearing in or on any of the software, or (iii) attempt to decompile or reverse engineer the software. Except for the right to use the System as expressly specified in this Agreement, nothing in this Agreement shall be deemed to grant to Client, by implication, estoppel or otherwise, license rights, ownership rights or any other intellectual property rights in any software, literary works, other works of authorship, specifications, designs, and analyses, programs, documentation, reports, and similar work product owned by or provided through Company. 10) Relationship of Parties. Client and Company acknowledge and agree that Company is retained under this Agreement to assist Client, the Plan(s) and/or the plan administrator of the Plan(s) with their obligations to comply with regulations pertaining to their Plan(s), including but not limited to ERISA, HIPAA, COBRA, the Internal Revenue Code. These obligations are Client’s obligations and not Company’s obligations and that Company is not a fiduciary under ERISA. The parties further acknowledge that Company is an independent contractor and not a joint venturer with or partner, agent or employee of Client, the Plan(s) or the plan administrator of the Plan(s). Nothing contained in this Agreement shall be deemed to permit either party to conduct business in the name of or on account of the other party, or to act on behalf of or bind the other party in any manner whatsoever, except for the taking of actions by Company on behalf of Client, the Plan(s) or the plan administrator of the Plan(s) in the fulfillment of Company's specific duties under this Agreement. 11) Reliance by Company. Company shall be fully protected in relying upon representations by Client set forth in this Agreement and communications made by or on behalf of Client in effecting its duties under this Agreement. Client represents that the signatory to this Agreement is authorized to enter into such Agreement on behalf of Client, the Plan(s) administrator(s) and/or the Plan(s). 12) Force Majeure. Company shall not be liable for failures or delays in performance which are caused by natural disasters, strikes, war, utility outages, communication outages, or any other circumstances which could not have been reasonably foreseen and avoided by commercially reasonable action, or are beyond the reasonable control of Company. Company shall be excused from performance under this Agreement for the duration of the effects of such circumstances. 13) Entire Agreement, Amendments and Modifications. This Agreement represents the entire agreement between the parties with respect of the subject matter hereto, and there are no oral or other written agreements or understandings between the parties affecting this Agreement, or related to the services to be provided by Company or duties undertaken by Client under this Agreement. This Agreement supersedes all previous agreements between the parties relating to administrative services as identified on page 1. This Agreement may be amended only by a written agreement executed by Client and Company. Client may not assign this Agreement without the express written consent of Company. 14) No Third Party Beneficiaries. The parties do not intend to provide any rights to third parties under this Agreement. © PrimePay, LLC Page 7 of 15 Benefit Services & Business Associate Agreement 15) Governing Law and Jurisdiction. This Agreement shall be governed by and construed under the laws of the State of Idaho, except to the extent preempted by ERISA. If any provision of the agreement is held to be invalid by any court of competent jurisdiction, such finding shall not invalidate the remainder of the Agreement. With respect to any claim arising out of this Agreement, (i) each party irrevocably submits to the exclusive jurisdiction of the courts of the State of Delaware, or the United States District Court, located in New Castle County, Delaware, and (ii) each party irrevocably waives any objection which it may have at any time to the venue of any suit, action or proceeding arising out of or relating to this Agreement brought in any such court and irrevocably waives any claim such suit, action or proceeding is brought in an inconvenient forum and further irrevocably waives the right to object, with respect to such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over such party. Notwithstanding the foregoing, Company may bring suit for non- payment of fees in any court of competent jurisdiction. COBRA SOLUTION 16) Duties of Company. Commencing on the Effective Date as set forth above in the recitals of this Agreement, Company shall provide the following services with respect to the Plan(s): a) Provide notification containing the information required to be included in the COBRA initial notification to all benefit eligible employees of Client and dependents under the Plan(s) and whose names and addresses are furnished by Client using either the Company’s web-based COBRA administration system or an electronic file in a format approved by Company. b) Advise employees and other qualified beneficiaries of their rights to elect and receive COBRA continuation coverage under the Plan(s), after Client has notified Company of the occurrence of one of the qualifying events set forth in Section 21below with respect to such individual. Company shall notify covered employees in writing by first class U.S. mail. c) Provide to the employee or other qualified beneficiary who is not entitled to COBRA coverage a "notice of unavailability" that includes an explanation of why the employee or other qualified beneficiary cannot elect COBRA coverage. d) Maintain proof of mailing for all required COBRA notices. e) Receive and process election responses. f) Electronically archive completed COBRA election forms. g) Collect valid and timely premiums (including administrative charges) from or on behalf of individuals who elect to continue coverage under the Plan(s) ("continuants"). Company shall administer the Initial Grace Period and Subsequent Grace Period as required by the current COBRA statute, unless Client advises in writing that a longer period applies under the Plan(s). Following the Initial Grace Period, all subsequent COBRA premiums shall be due on the first day of the month. Company shall consider payment received as of the U.S. Postal Service postmark date or the express delivery date, regardless of when actual payment is received. Company shall provide Electronic Payment Processing services through the web-based COBRA administration system. Company may charge continuants a reasonable convenience fee for credit/debit or ACH payment processing in order to offset Company’s incurred costs to accept such payments. h) Forward the amount of the paid premiums, less the administrative charges, to Client on a monthly basis via ACH transfer and provide report detailing remitted premium amounts by continuant and plan. Company shall take all commercially reasonable action to remit paid premiums within 10 business days after the end of each month. Company may remit premiums directly to an insurance carrier for an additional fee, unless waived on Page 1 above. i) Provide a real-time client portal (the “System”) that establishes employee and qualified beneficiary records, stores COBRA compliance actions, tracks key COBRA- related dates and payment history, electronically archives COBRA notices, and offers COBRA administration reports. Company shall also provide a real-time continuant portal for on-line enrollment, payment processing and account viewing. In the event of interruption of Website access, Company’s sole obligation and liability shall be to restore service as soon as reasonably possible. Company represents that the System and Company’s internal processes shall utilize commercially reasonable measures and systems to assure the privacy, security and availability of Client’s data. Company makes no other warranties, express or implied, with respect to the Website and the availability of the Website. j) Furnish to continuants via first-class mail Enrollment Confirmation Notices, Premium Coupons, Late Payment Notices, Insignificant Partial Payment Notices, Significant Partial Payment Notices, Change of Address Notices, Plan Change Notices, Rate Change Notices, Disability Confirmation Notices, Disability Denial Notices, Medicare Notices, and Returned Check Notices. Upon the provision of notice to Company of grounds for termination of COBRA coverage, Company shall provide the continuant with a notice of termination of COBRA coverage. Company shall take all commercially reasonable action to mail the notices within seven (7) business days of receiving notice of grounds for termination of coverage. If the Plan(s) offer an option of conversion to an individual health insurance policy when COBRA coverage under the Plan(s) is exhausted, and if the Client has provided Company with proper and complete information regarding the existence and terms of such conversion option, Company shall provide the continuant with a notice of his or her conversion rights under the Plan(s). Such notice shall be provided in writing by first class U.S. mail within one hundred eighty (180) days prior to the end of the maximum COBRA coverage period. Company shall not be responsible for notifying the employee or other qualified beneficiary of any conversion right outside of COBRA coverage. Company will maintain Proof of Mail records for all notices required under COBRA statutes. k) Provide a toll-free phone number for continuant support. Customer Service Representatives shall be available during PrimePay’s normal business hours (8 am to 5 pm Eastern Time, Monday through Friday, excluding PrimePay © PrimePay, LLC Page 8 of 15 Benefit Services & Business Associate Agreement observed holidays) to assist continuants and dependents (or their authorized representatives) with services provided by PrimePay under this agreement. l) Company shall comply with all applicable federal, state and local laws with respect to the services expressly agreed to be performed on behalf of Client. m) Company responsibilities include only the services expressly set forth herein and shall not include any other notices or certificates. n) In addition to the fees and charges set forth on Page 1, Company shall charge and retain the 2% administrative charge paid by each continuant under the Plan(s) as compensation for the handling of premium payments or shall charge and retain any greater administration charge allowed by law, whichever is higher. Company may adjust its pricing from time to time and shall give Client thirty (30) days advance notice of any such changes. 17) Duties of Client. Commencing on the Effective Date as set forth above in the Recitals to this Agreement, Client accepts the following responsibilities with respect to the Plan(s): a) Provide Company with all such information required, as Company determines in its sole discretion, to fulfill its obligations under this Agreement in a timely and efficient manner. b) Client shall be exclusively responsible for the accuracy, completeness and timeliness of the information provided to Company. Client understands and agrees that Company has no duty or responsibility to review, verify or otherwise inquire into any data provided to Company by Client. Client shall be responsible for examining all results and status reports produced by the Company and posted on the System, including premium calculations, reports and letters, and Client shall notify Company of any discrepancies between said results and Client records as soon as reasonably possible and not later than five (5) business days after Client becomes aware of such discrepancy. Client shall be responsible for all damages that result or could have been avoided had Client timely reviewed its reports and advised the appropriate parties of any discrepancies, and Company shall have no responsibility or liability in connection with any discrepancies not timely reported by Client. c) Client shall follow security procedures that are reasonably sufficient to assure all login and password information is kept secure and that all document transmissions are authorized and all data is protected from unauthorized access. Client shall be responsible for all activity occurring under Client’s user accounts. Client shall be responsible, and shall keep, all user passwords used to access Company’s System confidential and secure. Client shall prohibit all of its users from impersonating another user, providing false user information or passwords, or otherwise attempting to gain unauthorized access to the System. 18) Client shall be responsible for all facilities, hardware and software necessary to access and use the System, consisting of: a) CPU Pentium III – 500 MHz or higher. b) Memory 256 MB RAM or higher. c) DSL/Cable Internet connection or higher. d) Internet Explorer 7.0 or higher with cookies and JavaScript enabled. e) Adobe Acrobat reader standard version 7.0 or higher. 19) Client shall not utilize the System to resell or otherwise provide COBRA administration services to any other business entity. 20) Client shall designate the determination period and the applicable premium rates to be charged for COBRA continuation coverage. Client or their authorized agent shall notify Company in writing at least 30 days in advance of the applicable billing period of any changes to the premium rates or any addition, termination or modification of the Plan. In the event that Client or their authorized agent notifies Company of premium increase and/or plan changes less than 5 days prior to the applicable billing period, Company may implement new premiums and/or changes with the next billing period which falls after the required 30-day notice period, and Client will be responsible for any premium increase which should be have been paid by the continuant. Should Client or their authorized agent notify Company of a premium decrease less than 30 days prior to the applicable billing period, Company shall process the premium adjustment as of the effective date and credit continuant payment overages towards future billing periods. 21) Client shall advise Company of any of the following events that will result in a loss of coverage under one of Client’s Plan(s) (“qualifying events”): a) For a covered employee : termination of employment (including for reasons of gross misconduct) or reduction in hours of employment. b) For spouses or dependent children of a covered employee : the covered employee’s termination of employment (for reasons other than gross misconduct) or reduction in hours of employment; (b) death of a covered employee/retiree; (c) divorce or legal separation from a covered employee; (d) covered employee/retiree becoming entitled to benefits under Title XVIII of Social Security Act (Medicare); or (e) covered dependent child ceasing to meet dependent eligibility requirements under the terms of the Plan. c) For retirees, their spouses and dependent children : the filing of a petition in bankruptcy by, or with respect to, Client. d) Any other qualifying event resulting in a covered employee and/or dependent becoming qualified to continue coverage under the provisions of COBRA, as the law may be amended or interpreted from time to time . 22) Client shall provide Company notice of qualifying events described in Section 21 above via the System, in Company’s standard Qualifying Event file layout, or in such other form as is agreed to in writing between parties within 14 days of the qualifying event date. Client shall be solely responsible for determining when a qualifying event has occurred and when an employee has been terminated for gross misconduct. 23) Client shall be responsible for providing Company with the appropriate last known address for the individual(s) who experienced the qualifying event. 24) Client shall notify the Company as soon as possible, but in no event later than five (5) business days after becoming aware, that any qualified beneficiary was disabled (as defined by the Social Security Act) at the time of the qualifying event, has become disabled within sixty (60) days of a qualifying event or of having been disabled, or is no longer disabled. © PrimePay, LLC Page 9 of 15 Benefit Services & Business Associate Agreement 25) Client shall notify and advise Company of qualified beneficiaries who, at the time of a qualifying event, have been deemed incompetent and provide Company with the name and address of such individual’s legal guardian. 26) Client shall notify the Company as soon as possible, but in no event later than five (5) business days after becoming aware of a determination of Trade Adjustment Assistance for any qualified beneficiary by either the United States Department of Labor or a state agency. 27) Client represents that the Plan(s) will be maintained during the term of this Agreement in accordance the Internal Revenue Code and other applicable Federal and state law. Client, the Plan’s administrator and/or the Plan(s) (and their agents or assigns), and not Company, shall be responsible for the determination, review and payment of claims for benefits under the Plan(s) and all appeals under ERISA and other applicable law, including, without limitation, with respect to claims, benefits and eligibility determinations under the Plan(s). 28) Client agrees that Company may share information provided pursuant to this Agreement with Client’s insurance broker or representative, unless Client provides Company written instructions to the contrary. PRE-TAX REIMBURSEMENT SOLUTION 29) Duties of Company. Commencing on the Effective Date as set forth above in the recitals of this Agreement, Company shall provide the following services with respect to the Plan(s): a) Subject to the supervision of the Client, the Company will administer the Plan(s) in accordance to the policies, interpretations, rules, practices and procedures set forth in the Plan Document(s), including any amendments. All of the provisions of the Plan, including provisions governing indemnification of liability, are hereby incorporated by reference. If applicable, Company will administer any grace period, rollover period and/or run out period(s) as defined in the Plan Documents(s), subject to ongoing payment of service fees. b) Provide a Client Portal (the “System”) that establishes employee and covered dependent records, stores enrollment actions, tracks key administrative dates, reimbursement history, and offers administrative reports. c) Company shall also provide a Participant Portal for on-line claim submission and account viewing. d) In the event of interruption of Website access, Company’s sole obligation and liability shall be to restore service as soon as reasonably possible. Company represents that the System and Company’s internal processes shall utilize commercially reasonable measures and systems to assure the privacy, security and availability of Client’s data. Company makes no other warranties, express or implied, with respect to the Website and the availability of the Website e) Provide Client prescribed enrollment options, including EDI file exchange, Online Enrollment Tools and paper Enrollment Form. f) Process Participant Enrollment and Change Forms submitted in the prescribed manner. g) Process electronic files received from your medical carrier(s) and/or payroll data processor and/or HRIS vendor in a format and method specified by the Company. h) Provide a toll-free phone number for participant support. Customer Service Representatives shall be available during PrimePay’s normal business hours (8 am to 5 pm Eastern Time, Monday through Friday, excluding PrimePay observed holidays) to assist participants and dependents (or their authorized representatives) with services provided by PrimePay under this agreement. i) Monitor of benefit accounts and plan deferral limits. j) Process claims for plan benefits submitted by participants. k) Issue reimbursements to participants or their designated provider by check, direct deposit, or debit card payment. l) Preparation of a Plan Document, Summary Plan Description, Employee Enrollment Forms, Summary of Benefits and Coverage (if required) and Summary Annual Reports. 30) Duties of Client. Commencing on the Effective Date as set forth above in the Recitals to this Agreement, Client accepts the following responsibilities with respect to the Plan(s): a) Client serves as Plan Administrator and Fiduciary as described under the Employee Retirement Income Security Act (ERISA) and the Internal Revenue Code, and maintains authority to establish, waive, alter, or modify any of the Plan’s terms and conditions. Client exercises all discretion, control and authority over the available benefits. Client will establish eligibility requirements in order for employees to participate in the Plan, and these eligibility requirements must be consistent with its Plan Document. b) As Plan Fiduciary, Client ensures the Plan documents identified in 29(l) in are appropriately completed, are in compliance with applicable laws and regulations, and are adopted timely. c) Client distributes to participants any required documents such Plan Documents, Summary Plan Description, Summary of Benefits and Coverage, and any other documentation related to the Plan on a timely basis. d) Client determines who is eligible to participate in the Plan and provides Company accurate and complete enrollment information in a reasonable manner determined by Company. e) Client provides Company with accurate and timely changes in participant enrollment and eligibility in the prescribed manner. Changes may include, but are not limited to, participant eligibility status, election changes, leaves of absence and terminations. f) Client ensures that any electronic files provided by their medical carrier(s), payroll data processor, HRIS system and/or HRIS vendor are timely, accurate and complete files in the Company’s prescribed electronic file format. Client is responsible for correcting all errors in any electronic file provided to Company. Company does not audit electronic data files. g) Client shall reimburse all monies required to cover participants under the Plan. Any Client bank changes must be provided in writing to Company. h) Client, as Fiduciary, reviews and decides any appeal for plan benefits submitted by participants. © PrimePay, LLC Page 10 of 15 Benefit Services & Business Associate Agreement i) The Client provides Company any requested, additional information necessary to provide administrative services to the Plan in a timely manner. j) Client pays all administrative fees identified on page 1 on a monthly or annual basis. k) Client is responsible for banking fees incurred for administration of its Pre-Tax Reimbursement Plans. This includes, but is not limited to, standard monthly banking fees, stop payment fees, returned check fees, and returned direct deposit fees.WAIVED. l) Client must comply with all applicable laws, including but not limited to HIPAA, COBRA, and ERISA, with respect to your Plan and make any required filings with the appropriate governmental agencies, including the Department of Labor and the Internal Revenue Service. m) Client shall not utilize the System to resell or otherwise provide administration services to any other business entity. 31) ACH Authorization Release. The Client hereby authorizes Alegeus Technologies, LLC, MBI Benefits, Inc., or MBI Benefits, Inc.’s agent, to initiate ACH (Automated Clearing House) transfer entries. 32) Benefit Funding and Claim Reimbursements. a) Pursuant to Client’s requirements and to honor Client’s specific request, Company agrees to the following funding process. Company will transmit to Client an invoice as of the last business day of each month. Such invoice will reflect the expected contributions to the plan or plans to which Company is providing administrative services in the following month. Client agrees to remit the funding specified in the invoice to Company in one or more checks during, and any event prior to the end of, such following month (i.e., the month to which the invoice applies). Client shall also provide to Company a breakdown that allocates its monthly remittance among each participating employee account. Upon receipt, Company shall deposit Client’s remittance in Company’s escrow account and thereafter shall make Plan Participant benefit payments out of such account by check or by direct deposit to Plan Participant bank accounts pursuant to the process set forth below. b) Client hereby requests and authorizes Company to implement, on Client’s behalf, direct deposit services which will enable claim reimbursements for Client’s Plan Participants and Dependents to be automatically debited (withdrawn) from the Company’s escrow account out of which Plan claims are to be paid (the “Designated Account”) and deposited in the bank account designated by Plan Participants. Direct deposits will be initiated by the EFT processor with which Company has established a relationship for processing automated EFT transactions and will be subject to National Automated Clearing hours Association (NACHA) Rules, the terms, conditions and time limits of Company’s EFT processor, and the terms of the Client’s Plan. c) Client understands that its Plan Participants are responsible for providing to Company timely and accurate claim information necessary for Company to transmit direct deposit information containing ACH transactions to its designated EFT processor. If Client should fail to make timely funding remittances, Company at its discretion may suspend benefit payments or terminate this Agreement. Client understands and agrees that it is exclusively responsible for its plan funding obligations and that Company will not be responsible or liable for such funding amounts or for interest, expenses or additional claimed direct or consequential damages of any kind in the event Client’s remittances are suspended, delayed or in default. d) If during the course of providing direct deposit services to Client, Company notifies Client that a check drawn on Client’s account has been returned to Company’s escrow bank by reason of insufficient funds, (NSF), Client hereby agrees to wire funds to cover the NSF within 24 hours in accordance with the wire transfer instructions supplied by Company. e) Client’s authorization includes the authority to correct errors, subject to NACHA Rules, and the requirements and time limits of Company’s EFT processor. In the event of error, Client or participant, as the case may be, must notify Company by telephone within two (2) days of the date on which the claim information was provided to Company, and confirm this notice by written email or by prepaid First Class Mail within 24 hours thereafter. After receipt of such timely notice, Company agrees to re-transmit the corrected direct deposit information. f) Company shall make a full reconciliation of the funding remittances into, and benefit payments out of, Client’s escrow account as soon as practicable following the end of each plan year, and in no case later than ninety (90) days after the end of the plan year. Company shall send Client a copy of such reconciliation along with a statement showing, as the case may be, any funding deficit or funding surplus as of the end of the plan year. Any funding shortfall shall be paid by the Client, and any funding surplus shall be refunded by the Company, to the other party within thirty (30) days following the distribution of the reconciliation statement. 33) Termination. Within 20 days after termination or expiration of this agreement, the Client shall return to Company all materials, brochures, computer programs, customer and vendor data bases, and any other documents regarding the Company’s programs and systems and any copies thereof. In addition, Client shall refrain from any further direct or indirect use of Company’s marks, systems, publications, manuals, brochures, documents, computer databases in connection with the marketing, use, implementation, license, sale or distribution of any program or system that enables Clients to offer employee benefits on a pre-tax basis. Finally, the termination of this agreement shall not affect the duty of the Client not to infringe on Company’s trademarks and copyrights and not to disclose and keep confidential all said confidential information supplied to the Client by Company. HR ADVISORY SOLUTION 34) HR Advisory Services are provided month to month on a subscription basis. Client has unlimited HR Web access to the online HR and Benefits resource center, and Client may receive up to 4 hours of HR Live assistance per month. © PrimePay, LLC Page 11 of 15 Benefit Services & Business Associate Agreement 35) Certified HR and Benefits professionals are available during normal business hours (Monday through Friday, 9 AM to 8 PM Eastern Time, excluding major holidays). 36) Clients are advised that the advice given through the Services is necessarily of a general nature and should not be construed as specific legal or tax advice. These services do not include any drafting or review of specific documents or advice as to how to resolve particular employee relation issues. Clients are urged to seek the appropriate professional advisor for such assistance. 37) Company makes no warranty or representation of any kind, express or implied, with respect to the Services. Company’s sole obligation is to provide access to the Services as provided above and under no circumstances will Company be liable to Client or any of Client’s employees for any direct, indirect, incidental, consequential or exemplary damages of any kind. 38) Company may adjust the pricing of any of its services and will provide a 30-day advance notice to Client in advance of the implementation of such new pricing. 39) HR Advisory Services may be terminated at any time upon written notice by Client or by Company. Termination will take effect at the beginning of the following calendar month. © PrimePay, LLC Page 12 of 15 Benefit Services & Business Associate Agreement BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement ("Agreement") is made and entered into as of ______________ 20____, by and between PrimeFlex Administrative Services, LLC, a Pennsylvania limited liability company (PrimeFlex"), and City of Meridian, ID ("Company") for and on behalf of its (referred to individually and if applicable, collectively if PrimeFlex is to provide services to more than one plan sponsored by the Company, as the “Plan”). The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) requires the Plan to provide the Company with this Business Associate Agreement and Privacy Notice. RECITALS The Plan, through the Company as its fiduciary and Plan sponsor, has delegated certain administrative services to PrimeFlex in an Application and Service Agreement (the "Main Agreement"); and PrimeFlex provides administrative services to employers and their health plans covered under 45 Code of Federal Regulations (CFR) 164.104 and the regulations codified at 45 CFR Parts 160 and 164 (the "HIPAA Security and Privacy Rule") promulgated under the Health Insurance Portability and Accountability Act of 1996, ("HIPAA"). Title XIII of Division A and Title IV of Division B of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5), called the "Health Information Technology for Economic and Clinical Health" ("HITECH") Act, provides modifications to the HIPAA Security and Privacy Rule. All references to “HIPAA” and the "HIPAA Security and Privacy Rule" in this agreement are deemed to include all amendments to such law and such rule contained in the HITECH Act and any accompanying regulations, and any other subsequent amendments or regulations as may be enacted or adopted in the future. As a result of services to be provided under the Main Agreement, PrimeFlex is a business associate of the Plan under HIPAA, and Company and/or its employees and participants may provide to PrimeFlex individually identifiable health information on behalf of the Plan as defined in HIPAA ("Protected Health Information" or "PHI") in order for PrimeFlex to provide such services. The Plan is required by HIPAA privacy regulations to maintain the privacy of certain health information about Plan participants that is created or received in administering the Plan (“PHI,” as defined below). This Agreement describes how the Plan may use and disclose PHI. This Agreement applies only to the PHI used by or disclosed to PrimeFlex for purposes of medical expense reimbursements under the Plan. Plan participants should receive a different privacy notice from the insurer that provides group health insurance coverage for Company employees. In addition, this Agreement does not apply to health information that Company may have in its employment records, such as sick leave documentation, or to doctors, hospitals or other health care providers, who may have different policies or notices regarding Plan participant health information. NOW, THEREFORE, PrimeFlex and Company, in consideration of the Parties' continuing obligations under the Main Agreement, compliance with the HIPAA Security and Privacy Rule, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound, agree to the provisions of this Agreement in order to address the requirements of the HIPAA Security and Privacy Rule and to protect the interests of both Parties. AGREEMENT I. DEFINITIONS a. Except as otherwise defined below, all capitalized terms in this Section shall have the definitions set forth in the HIPAA Security and Privacy Rule. In the event of an inconsistency between the provisions of this Agreement and mandatory provisions of the HIPAA Security and Privacy Rule, as amended, the HIPAA Security and Privacy Rule shall control. Where provisions of this Agreement are different than those mandated in the HIPAA Security and Privacy Rule, but are nonetheless permitted by the HIPAA Security and Privacy Rule, the provisions of this Agreement shall control. b. The term "Protected Health Information" or “PHI” means any information created or received by a health care provider, health plan, employer or health care clearinghouse that relates to the past, present or future physical or mental health or condition of a specific individual, or to the provision of health care, or payment for such health care, if that information identifies a specific individual or may reasonably be used to identify such individual. PHI includes without limitation "Electronic Protected Health Information" as defined below. c. The term "Electronic Protected Health Information" means PHI which is transmitted by Electronic Media (as defined in the HIPAA Security and Privacy Rule) or maintained in Electronic Media. d. PrimeFlex acknowledges and agrees that all Protected Health Information that is created or received by Company and disclosed or made available in any form to PrimeFlex, including paper record, oral communication, audio recording, and electronic display by Company or its operating units to PrimeFlex or is created or received by PrimeFlex on Company's behalf shall be subject to this Agreement. II. CONFIDENTIALITY AND SECURITY REQUIREMENTS a. PrimeFlex agrees: (i) to use or disclose any Protected Health Information solely: (1) for meeting its obligations as set forth in any agreements between the Parties evidencing their business relationship, or (2) as required by applicable law, rule or regulation, or by accrediting or credentialing organization to whom Company is required to disclose such information or as otherwise permitted under this Agreement, the Main Agreement (if consistent with this Agreement and the HIPAA Security and Privacy Rule), or the HIPAA Security and Privacy Rule, and (3) as would be permitted by the HIPAA Security and Privacy © PrimePay, LLC Page 13 of 15 Benefit Services & Business Associate Agreement Rule if such use or disclosure were made by Company. All such uses and disclosures shall be subject to the limits set forth in 45 CFR §164.514 regarding limited data sets and 45 CFR §164.502(b) regarding the minimum necessary requirements; (ii) at termination of this Agreement, the Main Agreement or any similar documentation of the business relationship of the Parties, whichever occurs first, if feasible, PrimeFlex will return or destroy all PHI received from or created or received by PrimeFlex on behalf of Company that PrimeFlex still maintains in any form and retain no copies of such information, or if such return or destruction is not feasible, PrimeFlex will extend the protections of this Agreement to such PHI and limit further uses and disclosures to those purposes that make the return or destruction of the information not feasible; (iii) to ensure that its agents, including a subcontractor, to whom it provides PHI received from or created by PrimeFlex on behalf of Company, agrees to the same restrictions and conditions that apply to PrimeFlex with respect to such information, and agrees to implement reasonable and appropriate safeguards to protect any of such information which is Electronic Protected Health Information. In addition, PrimeFlex agrees to take reasonable steps to ensure that its employees' actions or omissions do not cause PrimeFlex to breach the terms of this Agreement; (iv) PrimeFlex shall, following the discovery of a breach of unsecured PHI, as defined in the HITECH Act or accompanying regulations, notify the Company of such breach pursuant to the terms of 45 CFR §164.410 and cooperate in the Company's breach analysis procedures, including risk assessment, if requested. A breach shall be treated as discovered by PrimeFlex as of the first day on which such breach is known to PrimeFlex or, by exercising reasonable diligence, would have been known to PrimeFlex. PrimeFlex will provide such notification to Company without unreasonable delay and in no event later than sixty (60) calendar days after discovery of the breach. Such notification will contain the elements required in 45 CFR § 164.410; and (v) PrimeFlex will, pursuant to the HITECH Act and its implementing regulations, comply with all additional applicable requirements of the Privacy Rule, including those contained in 45 CFR §§164.502(e) and 164.504(e)(1)(ii), at such time as the requirements are applicable to PrimeFlex. PrimeFlex will not directly or indirectly receive remuneration in exchange for any PHI, subject to the exceptions contained in the HITECH Act, without a valid authorization from the applicable individual. PrimeFlex will not engage in any communication which might be deemed to be "marketing" under the HITECH Act. In addition, PrimeFlex will, pursuant to the HITECH Act and its implementing regulations, comply with all applicable requirements of the Security Rule, contained in 45 CFR §§164.308, 164.310, 164.312 and 164.316, at such time as the requirements are applicable to PrimeFlex. To the extent PrimeFlex is to carry out any of Company’s obligations under Subpart E of 45 CFR Part 164, PrimeFlex will comply with the requirements of Subpart E that apply to the Company in the performance of those obligations. PrimeFlex will make its internal practices, books and records available to the Secretary of Health and Human Services as may be required under applicable law for purposes of determining compliance with the HIPAA Rules. b. PrimeFlex will not use or disclose PHI in a manner that would violate Subpart E of 45 CFR Part 164 if done by the Company itself, except for the specific uses and disclosures set forth below: (i) if necessary, for the proper management and administration of PrimeFlex or to carry out the legal responsibilities of PrimeFlex, whether under the Main Agreement or otherwise, provided that as to any such disclosure, the following requirements are met: (A) the disclosure is required by law; or (B) PrimeFlex obtains reasonable assurances from the person to whom the information is disclosed that it will be held confidentially and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies PrimeFlex of any instances of which it is aware in which the confidentiality of the information has been breached; (ii) for data aggregation services, if to be provided by PrimeFlex for the health care operations of Company pursuant to any agreements between the Parties evidencing their business relationship. For purposes of this Agreement, data aggregation services means the combining of Protected Health Information by PrimeFlex with the protected health information received by PrimeFlex in its capacity as a business associate of another Company, to permit data analyses that relate to the health care operations of the respective covered entities. c. PrimeFlex will implement appropriate safeguards to prevent use or disclosure of PHI other than as permitted in this Agreement. PrimeFlex will implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of any Electronic Protected Health Information that it creates, receives, maintains, or transmits on behalf of Company as required by the HIPAA Security and Privacy Rule. d. The Secretary of Health and Human Services shall have the right to audit PrimeFlex's records and practices related to use and disclosure of Protected Health Information to ensure Company's compliance with the terms of the HIPAA Security and Privacy Rule. e. PrimeFlex shall report to Company any use or disclosure of Protected Health Information which is not in compliance with the terms of this Agreement of which it becomes aware. PrimeFlex shall report to Company any Security Incident of which it becomes aware. For purposes of this Agreement, "Security Incident" means the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations in an information system. In addition, PrimeFlex agrees to mitigate, to the extent practicable, any harmful effect that is known to PrimeFlex of a use or disclosure of PHI by PrimeFlex in violation of the requirements of this Agreement. PR[MEPAY III. AVAILABILITY OF PHI a. PrimeFlex agrees to comply with any requests for restrictions on certain disclosures of PHI pursuant to Section 164.522 of the HIPAA Security and Privacy Rule to which Company has agreed and of which PrimeFlex is notified in writing by Company. PrimeFlex agrees to make available PHI to the extent and in the manner required by Section 164.524 of the HIPAA Security and Privacy Rule. If PrimeFlex maintains PHI electronically, it agrees to make such PHI electronically available to the applicable individual in a designated record set. PrimeFlex agrees to make PHI available for amendment and incorporate any amendments to PHI in accordance with the requirements of Section 164.526 of the HIPAA Security and Privacy Rule. In addition, PrimeFlex agrees to make PHI available for purposes of accounting of disclosures, as required by Section 164.528 of the HIPAA Security and Privacy Rule and Section 13405(c)(3) of the HITECH Act. PrimeFlex and Company shall cooperate in providing any accounting required on a timely basis. IV. TERMINATION a. The term of this Agreement shall be effective as of the date of execution by the Company below, and shall remain in effect until the Main Agreement is terminated for any reason and PrimeFlex ceases to perform any services for Company, or on the date Company terminates this Agreement for cause as provided below, whichever occurs sooner. Notwithstanding anything in this Agreement to the contrary, Company shall have the right to terminate this Agreement and the Main Agreement immediately if Company determines that PrimeFlex has violated any material term of this Agreement. If Company reasonably believes that PrimeFlex will violate a material term of this Agreement and, where practicable, Company gives written notice to PrimeFlex of such belief within a reasonable time after forming such belief, and PrimeFlex fails to provide adequate written assurances to Company that it will not breach the cited term of this Agreement within a reasonable period of time given the specific circumstances, but in any event, before the threatened breach is to occur, then Company shall have the right to terminate this Agreement and the Main Agreement immediately. V. MISCELLANEOUS a. Except as expressly stated herein or in the HIPAA Security and Privacy Rule, the Parties to this Agreement do not intend to create he expiration, termination, or cancellation any rights in any third parties. The obligations of PrimeFlex under Section II shall survive t of this Agreement, the Main Agreement and/or the business relationship of the Parties, and shall continue to bind PrimeFlex, its agents, employees, contractors, successors, and assigns as set forth herein. b. This Agreement may be amended or modified only in a writing signed by the Parties. No Party may assign its respective rights and obligations under this Agreement without the prior written consent of the other Party. None of the provisions of this Agreement are intended to create, nor will they be deemed to create any relationship between the Parties other than that of independent parties contracting with each other solely for the purposes of effecting the provisions of this Agreement and any other agreements between the Parties evidencing their business relationship. This Agreement will be governed b y the laws of the Commonwealth of Pennsylvania and applicable Federal law (and if a conflict should exist, the Federal law shall govern). No change, waiver or discharge of any liability or obligation hereunder on any one or more occasions shall be deemed a waiver of performance of any continuing or other obligation, or shall prohibit enforcement of any obligation, on any other occasion. c. The Parties agree that, in the event that any documentation of the arrangement pursuant to which PrimeFlex provides services to Company contains provisions relating to the use or disclosure of PHI which are more restrictive than the provisions of this Agreement, the provisions of the more restrictive documentation will control. The provisions of this Agreement are intended tq establish the minimum requirements regarding PrimeFlex's use and disclosure of PHI. d. In the event that any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the provisions of this Agreement will remain in full force and effect. In addition, in the event a Party believes in good faith that any provision of this Agreement fails to comply with the then -current requirements of the HIPAA Security and Privacy Rule, including any then -current requirements of the HITECH Act or its regulations, such Party shall notify the other Party in writing. For a period of up to thirty days, the Parties shall consult and address in good faith such concern and amend the terms of this Agreement, if necessary to bring it into compliance. If, after such thirty -day period, the Agreement fails to comply with the HIPAA Security and Privacy Rule, including the HITECH Act, then either Party has the right to terminate upon written notice to the other Party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. By: William J. Pellicano, CEO <Authorized Signature> //? --- �:/' V v / © PrimePay, LLC Page 14 of 15 Benefit Services & Business Associate Agreement Meridian City Council Meeting DATE: October 24, 2017 ITEM NUMBER: 6D PROJECT NUMBER: ITEM TITLE: Approval of PO # 18-0057 for three (3) - 2018 Chevrolet Tahoe 4WD PPV to Kendall Superstore for the Not -to -Exceed $111,408.96. This PO is issued in conjunction with Idaho State Purchasing Contract # SBPO16200405 date April 26, 2017 MEETING NOTES uy APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo The Purchasing Department, on behalf of the Police Department, respectfully requests that the following item be placed on the October 24s City Council Consent Agenda for Council's To: C, Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CG: Chief Lavey Dalez 10116117 Re: October 24 City Council Meeting Agenda ltem consideration. Approval of PO #18-0057 for three (3) - 2018 Chevrolet Tahoe 4WD PPV to Kendall Suoerstore for the NolTo-Exceed amount of $1 11.408.96. This Purchase Order is issued in conjunction with ldaho State Purchasing Contract # S8PO16200405 dated 4pi126,2017. One ('l) vehicle will replace Unit #102; and two (2) vehicles are for new officers approved during the FY18 Budget cycle. Recommended Council Action: Approval of PO# 18{057 and authorize the Purchasing Manager to sign for the Not-To-Exceed amount of $111,408.96. Thank you for your consideration . Page '1 Gihr of Meridian Purchasing Dept, ?),(,IDIAN Purchase Order Attention: StaceyPechin 1011612017 18-0057 CITY OF MERIDIAN 33 EAST BROADWAY AYE, MERIDIAN, ID 83642 (208) 888-4433 Vendor Address: KENDALL SUPERSTORE 15700 IDAHO CENTER BLVD NAMPA, ID 83687 Billing Address: Shipping Address: Meridian City Police Dept 1401 Watertower Meridian. lD 83642 Shipping Method: FOB: truck destination Description Unit Quantity Unit Price Total 20'18 Chevrolet Tahoe 4WD PPV - Qty 3 1.00 111,408.96 Purchase Order Total $111,408.96 Special lnstructions 2018 Chevrolet Tahoe 4WD PPV x 3 per State Contract S8PO16200405 (replace Unit 120 + 2 additions per Officer Enhancement) Not-to-Exceed $'111 ,408.96 01-2110-94100 Case# 58148 Purchasing Manager:_ dollars 1 1 1408.96 Attn: Finance 33 E Broadway Ave Meridian, lD 83642 City Of M€rj.dj.an Delai1ed Statement of Revenues and Expenditures - Rev 6 Expense - !(areD - Unposted Transactions Included In Report 2110 - Polic€ AalEin 01 - Cenelal tund Erorl. 10/1/20!1 Through 9/30/2018 94 r00 000 0 Capital Outlay Capital - vehicles NON.DEPARTMENTAL Total Capital Out]ay Budget with Amendment s Current Year Actuaf Budget Remaining Percent of Budget Remaining 432 | 439.80 ___11?/!l_.90 0.00 _1,6-1 -8!5, 3 5 r61,865.35 100. 00t 0.00! 62.57X 432, 439 .80 (161,865.3 5) 21O,514 .45 TOTAI, EXPENDITURES 432,439.80 161 855.35 214 514 .45 62.5.72 Date. la/ 12/ 11 12:31:13 Pr,l d{,CITY OF N4ERIDIAN SUGGESTEO VENDOR DIAN Kendall Superstore 15700 ldaho Center Blvd Nampa, lD 83687 Purchasirlg Oepartrnent 33 E BROADWAY AVE, STE 106 MERIDIAN, ID 83642 TEL: (208) 489-0417 FAx: (208) 887-4813 @ CITY OF MERIDIAN Police 1U5t2417 IS BUDGET AMENDIV]ENT REQUIRED? no CASE MANAGEMENT TICKET NO. 5st48 AVAILABLE BUDGET AMOUNT $192,000.00 Purchase Requisition PURCHASEOROER NUIJIBER I\,IUSI APPEAR ON ALL INVOICES, PACKING SLIPS. CARTONS ANO CORRESPONOENCE REI.ATEO TO IHIS ORDER PROJECT MANAGER REQUESTOR Stacey PechinStacey Pechin FREIGHT TERMS PREPAID F,O,B, DESTINATION 2 additions per officers enhancement)PROJECT NAME: PO request for three '18 Tahoe PPVS (1 re placement for UNIT #120, 1 2110 $ 111,408.962018 Chevrolet Tahoe 4WD PPV $ 37,136.32 $ $ $ S $ S S $ $ $11 1,408.96 ./-/,uRE rit raoo .n) Quote is per ldaho State Contract S8PO16200405 NOTES: Council Approval Date DEPT CODE Quantit and Pricin ACCOUNTING CODES FUND TOTAL AMOUNT Descri n of Purchase QTY UNIT UNIT PRICE EXPENSE OR PROJECT / GLACCOUNT# COMMITMENT* '/ DATE OF REQUEST PAYMENT TERI\4S NET 30 PART NUMBER ' DESCRIPTION ' COMMITMENT NAME / TASK ORDER ' CONTRACT ' PROJECT DESCRIPTION 941003 t Im T-I r TI I rIT ---r---ffi Allv.hi.lcs tob. brd wth Mlg *.hd.rd .qurp6.nt fd rh.r nod.l rlrh rne erc.Cd6 ofn.r tuet q hybrrd .nah€ optlot *her. .v.ll.bl.. Mod€lcod. Mod.l Y... Fuel c-65 T.h@awD4d.1500sp€.iats.tuic.s s 4l2a3.OO s 1,295.00 s 7,500.00 s s 35,339.00 S 35,029.00 s 35,357.00 c66 Tah4 2wO ppv police cc1s7o6 G.s 5 39,oa1.oo S 1,2s5.0o S 7,50O.0o S 41100 S 5100 t 33900 S rr,r37oo 5 r13?Zq5 33,r6s0o c67 Tahe 4WO ppv p6ric€ 2013 S 41,39900 9 r,2s5.oo I 7,60000 S 411.00 S stoo I 33e0o S 36,0os 0o S --rs,6A5@ \ 3s,93r 00\_-=2 KENDALL SUPERSTORE MIKE SIMPSON I (208) 863-0787 | mikesimpson Price Summary PRICE SUMMARY Base Price Total Options Vehicle Subtotal Adjustments Destination Charge Grand Total \*e,,'^ C-(-t *Se?otGz&14s Perlorrnancs ,blJlss aro glidelinos only. and actual perfomanca may vary. Photos may nol rop@s€nl inpul is subl6cl lo tho acculacy ol lh€ anpul providod. Oar,a Version: 389€. Ortr Updatsd: Ocl4,2017 9:03i(X) PM POT. Thb docrm€ni contains in,ormalron considerEd Confrdenil'l botwe€n GM and ils Cli€nrs Lrniqusly The spocincalixB. and ovahbrlit, ar. slbirct to chango w,thoul notico. and do not in ludo cartain ,o€s. laxo! Oci 5,2017 endallauto.com N,,tERlDlANFleet 2018 Chevrolet Tahoe (CK 706) awD 4d. (2) 3 56.t5 O$u^s tD3a'ts 3-,6-t-t'BS dr.-l .2s7. { 51.'tr 51,\36s2- lnvglce s46,379.60 ($2,070.25) $44,309.35 $0.00 s1,295.00 $4s,604.35 provi/ied is nol intonded for public dlsclosue. Prices charge3 lhal may b€ requi,ed by law or vary by lnenulactute. ot rogioo veiicle! oa oracl conliguralions. Conlenlbased on tepon preparcls GMT s)rJp-Qr;$rac;r KENDALL SUPERSTORE l\4lKE SIMPSON | (208) 863-0787 | mikesimpson dallaulo.com NrERlDlANFieel 2018 Chevrolel Tahoe {CK 706) 4WD 4dr (2) Selected Model and OPtions MODEL 1 CODE MODEL CK15706 2018 Chevrolet Tahoe 4WD 4dr Commercial COLORS CODE GBA OPTIONS CODE 1FL lnvoic6 $46,379.60 lnvoice $0.00 lnvoice $0.00 DESCRIPTION lLR Commercial Preterred Equipment Group lncludes Standard EquiPment Brake syst€m, modified, Police "City Brake Package" (Requires (9C1) Police Vehicle.) Key, 6 additional keys NOIE: programming ol koys is at customor's expense. Programming keys is not a warranty expense Key common. complete vehicle floet provides a single key with a specific code that is common to the door locks and ignitior of allthe vehicles in the vehicle fleet. Kgy code is an alternate to SEO(6Eg) complete vehicle fleet common key. NOTE: NOT COMPATIBLE with previous model yoars (Requires (9Cl ) Police Vehiclo or (5W4) Special S€rvice Vehicle.) 'PRICE TO FOLLOW' s0 00 5HP $37 31 6E2 $22.7 5 6N5 Switches. rear window inoperative (rear windgws can only operate from driver's position) (Requires (9C1) Police Vehicle or (5W4) Special Service Vehicle.) $51 87 6N6 Door locks and handles, inside rear doors inope,alive (doors can only be opened {rom outside) (Requires (9C1) Police Vehicle or (5W4) Sp€cial Sorvice Vehicle.) s53.69 This docsmsnr conrains inror.nation consdorod Confidont'al beiween GM and t6 Clisn6unhuely. Ths inl provdod is not inlondod lor public drsclosuro. Pnc€s spscilicalions, 6nd availabilily a.6 subjc'cl lo chanse wilhoul noiice. and do not includ€ corlain l€€s. ia)(€s c}laross lhal may b€ r€quircd by lawor vary by manulacturcror region Podormanco ligums are guidsines only, and actual perlormanco may v6ry. Photos may nol ropr€senl inpu! k subj€clto lh3 3€ur3q ot fio iopul provided. Oala versionr 3898 Osra Updar€d: tu 4, 2017 9:03:00 PM PoT. I vehrcles or erad conliguralions. Conianl based ol rsport preparer's Oct 5,2017 PaAe 2 DESCRIPTION Black I I I EU OPTIONS CODE 7X6 KENDALL SUPERSTORE MIKE SIMPSoN I (208) 863-0787 ! mikesimpson [4ERlOlANFleet 2018 Chevrolet Tahoe (CK 706)4WO 4dr (2) ndallauto.com DESCRIPTION 9C1 Spotlamp, left.hand (Requires {9C'l ) Police Vehicls or (5W4) Special Service Vehicle. Not available with (7X7)left and right.hand spot,amps.) ldentifier for PPV includes, (K47) high- capacity air c!eaner, (l(\/w) 170 amp high output alternator, (K4B) 730 cold- cranking amps auxiliary battery, elgctrical power & vehicle signals for customer connection localed al the center front floor. Auxiliary battery circuit for custorner connection located in the rear cargo area, (uNg) radio suppression package, (256) heavyiuty, police-rated suspension, front indspendent torsion bar, and stabiliz€r bar and rear, mullilink with coil springs, (QAR) P265/60R17 all-s€ason, v-rated tires, (ZAK) P265/60R17 all-season, V- rated spare tire, Police brakes, (NZZ) underbody shield, (RAP) Black steel wheels w/bolt on center caps, Csrtified speedometer, delete roof rails, (ATD) third row seat delete, (NQH) active 2- speed transter case (4WD only). ,CREDIT" 9G8 Hoadlamps, Daytime Running Lamps and automatic headlamp control delete deletes standard Daytime Running Lamps and automatic headlamp control features (Requires (9Cl) Police Vehicle or (5W4) Special Serv:ce Vehicle.) Seats, driver and pagsenger front individual seats in cloth trim Power driver and passenger bucket seats in base cloth trim. Derived trom RPO (AZ3) 40-20-40 split bench soat with the 2070 section removed whlch also removes the auxiliary power outlet, USB pori and input jack for audio system. Does not include a floor console. Al1 expo€sd floor area will aemain untrimmed. (Requires lM3) 4Ol2Ol4O split bench seat, trim code (H0U)Jet Black cloth.) 9U3 This documanl conlafii inlomalbn consido.od Confd€ntral balrvoen GM and dsCianG uniqri€ly. Th€ r sp€cificalioos, aM availabilrt a,e subpct lo changow[hout notice, and do not irclud€ ceriain ls6s,larss Pedofinance figurcs are guileline! only. and actual perlormanc€ may vary. Photos may not rgpres€nl rflput is subjscl lo lhe accuract ol lhe input provid€d. Dala v€rsioni 3896. Dar. Updated: Ocr 4, 2017 9:0Ji00 PM PDT. ($3,103.10) s45.50 s0.00 provdod is nol inton.,ed tor publir: disclosurc. Prtss. dseas thal may b€ roquirod by law o. vary Oy manutaduror or rcgion vehicles or exact confguralions. Coolsnl basod on rsport preparols lnvoic6 $445.90 ocr 5.2017 Page 3 I I tr OPTIONS cooE AMF KENDALL SUPERSTORE MIKE Si|,4PSON I (208) 863-0787 | mikesimpson t\,lERlDlANFleet 2018 Chevrolet Tahoe (CK DESCRIPTION Remote Keyless Entry Package includes 6 additional transmilte.s NOTE: programming of remoles is al customer's erpense. Programming remotes is not a waranty expense (Requires (9C1) Police Vehicle or (5W4) Special Service V€hicle.) Seat deletB, third row passenger (Oeletes rear storage compartment and (APg) rear cargo not. lncludod with (9Cl ) Polica Vehicle or (5W4) Special Service Vehicle.)'CREDIT' Seating, front 40/20/40 split-bench, 3- passenger rncludes 6-way Dower drive' and 2 way front passenger seat adjuster, driver and front passenger power lumbar control and powe. reclining, center fold-down armrest with slorage (includes auxiliary power outlet, USB port and input jack for audlo system), storage compartments rn soat cushion, adjustable outboard head restraints and storage pockets (With vinyl, does not include (AG1)Driver 6- way power seat adjuster or (AG2) Front passenger 6-way power adjuster.) (SID) GVWR,7100 lbs. (3221 kg) (4WD model only. Included and only available with (9C1) Police Vehicle.) Entisslons, Federal requirenrenls Black ATD AZ3 c5Y FE9 GBA GU4 HOU Rear axle.3.08 ratio (Not available with (NHT) Max Trailering Package.) Jet Black, Cloth seat trim This documenl conlans inlormatlon consiclerod ConfiOenlal between GM and ts Clients !niquely. The lnl specificalions, €nd availabilitya.s subled to changs wilhout.olice, and do not includo cartain to€s, taxss Performanca l€uros aro guidehngs only, and actual perlormance may vary. Pholos may not rspresenl mpd l! rubl.cr lo ino accuracy ol rho npur prov6od. Daia volsbn: 3a9E. Dara Updated: Oct4,2017 9:03100 PM POf. Ocr 5,20l7 Page 4 endallauto.com 5706)4WD 4dr (2) lnvoic€ s68 25 lnc lnc $0.00 s0.00 $0.00 $0.00 $0.00 malion p.ovided is nol int€nded lor public disclosurs. Pflcss chsrgss rhat may b€ roquircd by law orvary by msnufacluroror ragion I vehieles or eracl cufiguratons. Conlent basod on repon preparer's I I I OPTIONS cooE to5 KENDALL SUPERSTORE MIKE SIMPSON | (208) 863-0787 | mikesimpson MERlDlANFleet 2018 Chevrolet Tahoe (CK D ESC RIPTION Audio system, Chevrolet MyLink Radio with 8" diagonal color louch.screen AM/FM storeo with seek-and-scan and digital clock, includes Bluetooth skeaming audio for music and select phonss; voice-activated technology for radio and phone; and Shop with lhe ability to brov/se, select and install apps to your vehicle. You can customize your content with audio, weather and more: featuring Apple CarPlay and Android Auto capabilily lor compatible phone; 5 USB Dons and 1 auxiliary iack (STD) Pedals. poweradjustable for accelerator and brake (lncluded with (PCW) Enhanced Driver Alert Package.) Battery, Auxiliary, 730 CCA Alternator, 170 amps, high output (lncluded and only available with (9C1) Police Vehicle or (5W4)Special Service Vehicle only.) LB3 Engine.5.3L EcoTec3 VO with Active Fuol Managemenl, Direct lnjeclion and Variablo Valve Timing includes aluminum block conskuclign (355 hp [265 kW @ 5600 .pm, 383 lb-ft of tqrquo [518 N-m] @ 4100 rpm)(STD) MYC Transmission. 6-speed automatic, electronically controlled with ov6rdrivo and towhaul modo {STO) NQH Transfer case. active, 2-speed electronic Autotrac with rotary conlrols, includes neutral position for dinghy towinq (Requires 4WD models. lncluded with (9C'l) Police Vehicle, (5W4) Special Service Vehicle and (NHT) Maximum Trailering Package.) Tiis document contains inlormaljon consid€rod ConfidontElbetlvosn GM and its Cliants uniqu€ly. The n spacjlicalions. and avallabiliiy a.€ subJ€cl lo chanqo wthoul nolice, and do nor includ€ c€nain t €s. laxas a K4B KW7 Psrlormaoca figurss ar€ guk slings only. and actal pertoman@ may vary. Photos may noi agptosont inpul is subpcl to lh6 6c.uracy ot tho inpul provided. Dal: V€rsio.: 3898. Oal3 Updaied: Ocl4. 2017 9:03:00 PM PDT Oct 5,201/Paqc 5 ndallauto.com 06) 4WD 4dr (2) lnvoice $o.oo s136.50 lnc lnc $0.00 $0.00 lnc ation povidsd is nol inlend€d ror public discloslre. pdc6s, ciarg€s thal may bs r€qui.€d byraworv?ry by manulaclure.o, ragion vellrclos ot eract @nllguralions. Contonl based on rgporl prepargt's I I I I OPTIONS CODE NZz RAP RN,I7 UN9 ul7 MERlDlANFleet 2018 Chevrolet Tahoe (CK DESCRIPTION Skid Plate Package with (9C1) Police Vehicle or (5W4) Special Service Vehicle. includes frame-mounted shie,ds, includes front lnderbody shield starting behind front bump6r and runnlng to flrst cross-member, protecting lront underbody, oil pan. differential cas3 and transfer case {Requires 4WO models and a Fleet or Government sales order type. lncluded with (9C1) Police Vehicle or (5W4) Special Service Vehicle.) Tires, P265/60R17 all-season, police, V- rated (lncluded and only available with (9Cl ) Police Vehicle.) Wheels, 17" x 8" (43.2 cm x 20.3 cm) steel, police, Black (lncluded and only available with (9Cl ) Police Vehicle.) Wheel, 17'x 8" (43.2 cm x 20.3 crn)full' size, steel spa.e includes P265l60R17 V -rated tire (lncluded and only available with (9C'1) Police Vehicle.) Radio Suppression Package, with ground straps (lncluded and only availablo with (9C'1) Police Vehicle or (5W4) Special Servic€ Vehicle.) Ground Studs, auxillary, cargo area insido liftgate opening, left and right sides (Requ(es (9Cl ) Police Vehicle or (5W4) Special Service Vehicte.) Content theft alarm disable Recovery hooks, 2 front, kame- mounted, Black (Standard on 4WD Commercial models. Availabl€ on 2WD. Police and Special Service models. Required on all models 9oin9 lo Alaska, Guam, Hawaii, Puerto Rico and Virgln lslands. All Tahoe (9C'1) and (5W4) vehicles include front fascia with recovery hook openings.) Ship Th.u, P.oduced in Arlington Assembly and shipped lo Kerr lnduslries and onto Arlangton Assembly This dodrmoni co.ta,ns inlormaraon con3it6.ed Conndontial berwo€n GM and s Chonts u.quory. Tho specilicalions, and availabilily ar€ subj€cl Io chanqe \Nilhout.o{ce, and do not includo c€nain loos.lares UTO v76 Perlormance figules ar6 guirelinos only, and aatuel p€rlormanco may vary. Photos moy not aepaesenl inpuls subpcl lo i\e accuacy ol lh€ inpul providod. Data Velsion: ?498. Daia Updared: Ocr 4, 2017 9:03:00 PM PDT. Ocr 5, 2017 706) aWD adr (2) lnc lnc. lnc lnc lnc lnvoice $80.08 $45.50 $45.50 lnc prcvidod is nor inlendod ror publicdis.bs!16 Pri@s charuoslhal may b6 roqured by laworvary by manutacturero. tugion vohicles or exact configuralions. Conlent bas6d on reporl p.opargfs GM - l i i KENDALL SUPERSTORE I MIKE SIMPSON I (208) 863-0787 I mikesimpson@kendallauto.com I I I I I I OPTIONS CODE vo2 zfi KENDALL SUPERSTORE MIKE SIMPSON | (208) 863-0787 | mikesimpson MERlDlANFleet 2018 Chevrolel Tahoe (CK DESCRIPTION Fle€t processing option Suspension Package, heavyiuty, police-rated front, indep€ndent torsion bar, and stabilizer bar and rear, multi- link with coil springs (lncluded and only available with {9Cl ) Police Vehicle only.) Tire, spare, P265/60R1 7 all-season, police, V-rated (lncluded and only available with (9Cl ) Police Vehicle.) Paint scheme, solid application ZAK zYl Safety belts. 3-point, driver and front passengsr in all seating positions (lncluded and only available with {9C1) Polace Vehicle o. (5W4) Special Service Vehicle.) Capless fuel fill (lncludEd and only available with {9C1) Polic€ Vehicle or (5W4) Spscial Servica Vehicle only.) Door handles, body-color (lnoluded and only available with (9C1) Police Vehicle or (5W4) Special SeNice Vehicle only.) lnstrumentation, analog with certifr 6d '150 mph speedometer (PPV). 140 mph speodometer (Special Service), odomet€r wilh trip odometer, engine hour meter. luel level, voltmetor, engine tempe.ature. oil pressure and tachomoter (lncluded and only available with (9C 1) Police Vehicle or (5W4) Special Service Vehicle only.) Key,2-sided (lncluded and only availablo wilh (9C1) Pollce Vehicle o. (5W4) Sp€cial Service Vehicle only ) Luggage rack, delete (lncluded and only available with (9C1) Police Vehicle or (5W4) Special Service Vehicle only.) Exterior ornamentation delete (lncluded and only available with (9Cl)Police Vehicle or (5W4) Special Service Vehicle only.) ,his documonl conlairu in,odrarion @nsid6.od Conlidsnl€t b€tween GM aad its Ctionts unrquoty. Tho intorm spscificalioo6, and svailabiliry arB sublect to chango wrrhout ootico, and do not jrctude conain l€€s. lsr€s 6nd Perlormehce figurss are gu6€tn6s only, and aclual p€rtomance may vary, pholos may not aepresont actual inpul is subrocl to lh6 accurscy ol the input plovided. Oata V€r3io.: 3898. Deta Updated: Ocr 4, 2017 9:03:00 pM poT. Ocl 5, 2017 kendallauto.com 5706)4wD adr (2) lnvoice $0.00 lnc lnc. $0.00 lnc lnc lnc lnc lnc lnc lnc provded rs not rnisndod lo, publc drscbsue. Pnc6s. $at may be requkcd by law or vary by manutaclurD or r6gion, or eract conligurato.s. Conlenl basod on repo{t preparois GM I I I I I I I I i I I OPTIONS CODE KENDALL SUPERSTORE MIKE SIIVIPSON | (208) 863-0787 | mikesimpson dallauto.com lnc lnc nc lnc. lnc p.ovlj€d rs not rnlended ,or p! blrc dscloso.e. Pdces, DESCRIPTION Power outlets, 4 auxiliary, 12-volt includes 'l on lhe instrument panel, 1 jn armrest. and 2 in the cargo area (lncluded and only available with (9C'1) Police Vehicle or (5W4) Soecial Servic€ Vehicl€.) Power supply, 100-amp, auxiliary battery, rear electrical center (lncluded and only available with (9C1)Police Vehicle or (5W4) Special Service Vehicle only.) Power supply, 50-amp. power supply, auxiliary battery pass€nger compartment wiring harness (lncludod and only available with (9Cl ) Polic€ Vohicle or (5w4) Special Service Vehicle only.) Power supply, '120-amp, (4) 30-amp circuit, Primary battery relay controlled, passenger compartment harness v/iring (lncluded and only available with (9C1) Police Vehicle or (5W4) Special SeNice Vehicle only.) Iheft{eterrent system. vehicle, PASS- Key lll (lncluded and only available with (9C1) Police Vehicle or (5W4) Special Service Vehicle only.) Options Tolal This doGlmonl conlains iofo.mation considorsd Con,d.ntial belween GM and [s Cllen|g unquely. :h6 lpeoflcatbns. 8nd avallgbillty arB 6ubiocl lo chango wilhoul notke, and do nol ncludo c€rlain fs€s. lax6s and Porloriranca f€urcs 610 gulddin$ only, end actual podormanc€ m6y v6ry. Photos msy not rEprcsent aclual input is subhcl !o tha accumcl of ho hOU! prcviled. osta Ver6:on: 3898. Datr U9&ted: fu 4. 2017 9:03:00 PM PDT. lhat may Do roqurred by bwo. vary by manutacllror or ragion or exacl configuatons Content bas€d on ropoli prcparcis lnvoice (52,070.25) Ocr 5,2017 Page 8 GM MERlDlANFreet 2018 chevroret Tahoe (cK1F7o6) 4WD 4dr (2) I I I I I Meridian City Council Meeting DATE: October 24, 2017 ITEM NUMBER: 6E PROJECT NUMBER: ITEM TITLE: Approval of PO # 18-0058 for Fire Plan Review and Inspection Services FYI to Jackson Code Consultants, Inc. for the Not -to - Exceed amount of $415,642.92. This Purchase Order is issued in conjunction with the Professional Services Agreement with Jackson Code Consultants, Inc. dated Sept. 1, 2015 MEETING NOTES u APP- OVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Gity of Meridian Purchasing Dept. Memo The Purchasing Department, on behalf of the Building Department, respectfully requests that the following item be placed on the October 24h City Council Consent Agenda for Council's To: C, Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager GG: Bruce Freckleton Date: 10116117 Re: Oc{ober 24 City Council Meeting Agenda ltem consideration. Approval of PO #'18-0058 for Fire Plan Review and lnspection Services FY18 to Jackson Code Consultants, Inc. for the NolTo-Exceed amount of $415,642.92. This Recommended Council Action: Approval of PO# 18{058 and authorize the Purchasing Manager to sign for the Not-To-Exceed amount ol $415,642.92. Thank you for your consideration a Page '1 Purchase Order is issued in conjunction with the Professional Services Agreement with Jackson Code Consultants, lnc. dated Sept. 1 , 2015. ?il,IDIAN PUrChaSe Order 10t16t2017 Attention: BruceFreckelton '18-0058 CITY OF MERIDIAN 33 EAST BROADWAY AVE. MERIDIAN, ID 83642 (208) 888-4433 Vendor Address: JACKSON CODE CONSULTANTS, INC PO BOX 1303 MERtDtAN, tD 83680-1 303 Billing Address: Shipping Address: Shipping Method: FOB: Attn: Finance 33 E Broadway Ave Meridian, lD 83642 33 E Broadway Ave Suite 102 Meridian, lD 83642 Contractor destination Description Fire Plan Reveiw and lnspection Services 415,642.92 Purchase Order Total $415,642.92 Purchasing Manager: Special lnstructions Contract PO - Fire Plan Reveiw & lnspection Services approved September I , 2O15 for 3 years. Not-to-Exceed $415,642.92 Case # 57989 I Unit Quantity Unit Price Total Division Code Account Code Account Description 41200 Wages 41-2lO Overtime Wages 42021 FICA (7 .65%\ 42022 PE RSt 42023 Workers'Comp 42025 Employee lnsurance Total Personnel 53350 Software Maintena nce 54LZO Electronics Expense (under $5000) 55201 Bu ilding lnspections 55202 Mechanical lnspections 55203 Electrical lnspections 55204 Plumbing lnspections 55205 Fire lnspections 56103 Pagers/Radios/Com munications 56200 Cellphone Expense 57200 Employee Semina rs/Train ing 57202 Travel - Tra nsportation 57203 Travel - Lodging 57204 Travel - Per Diem 60101 Dues, Licenses, Publications Total Operating Costs 49000 Personnel transfer lnterfu nd Total Transfers Total Building Department 5 g7,2s41 $ st,zsq 5 s 1,745,998 s (1,714,38s) s r,gzO,sgg s 2,003,s06 (ss,4su s (se,4s1) s ls7,2s4l 5 st,zsq s (ss,4s1) s (s9,4s1) 5 z,tqs,gzz S (1,5s7,131) 5 L,9LL,442 S 2,424,062 FY 2017 Final Budget S 310,860S :az5 zz,aoz 5 34,924 5 r,zoo S ss,zoo FY 2017 One- Time FY 2018 Final Eudget 324,53t 332 24,852 38,789 L,329 90,174 1940 1940 1940 1940 1940 1940 1940 1940 1940 1940 1940 1940 1940 1940 r"940 1940 1940 1940 1940 1940 1940 1940 1940 1-940 7940 Division Name Building Department Building Department Building Department Building Department Bu ilding Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Bullding Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Bu ilding Department Building Department s S 5 S S 5 5 5 5 s S S S S s S $ 4s6,178 S s $ 480,007 s S s 5 s s S 5 S s 5 s S s S S s ) s s 5 s s s S s s S s ) s s S s s s s s s s s S L2s43 s s00 s 550,475 s 292,s00 s 162,500 s 195,000 s 413,910 s 7,5AO s 1,800 s 3,750 s 1,500 s 1,400 s 760 s 2,680 s (6s0,47s) (292,sOOl (152,s00) (19s,000) (413,910) 3,2L3 9L5,637 286,6s0 159,2s0 191,100 415,543 (2,280) t5,756 s00 915,637 286,550 L59,250 191,100 475,643 5,400 1,800 4,700 2,000 1,800 1,190 2,680 350 s00 400 430 10116t20179 46 AM 1ol1 F\BUDGET\FY2018\CD - Building Department_1940\FY2018 Budget_Bldg Dept_1940 FY 2018 Adjustments SUGGESTED VENDOR IDIAN Jackson Code Consultants, lnc. P.O. Box 1303 Meridian, lD 83680-'l 303 CITY OF IMERIDIAN Purchasing Department 33 E BROADWAY AVE, STE 106 MERIDIAN, ID 83642 TEL: (208) 489{417 FAX| (208) EE74813 9t26t2017 REOUIRED? N/A CASE MANAGEMENT TICKET NO. 57989 $415,642.92 Purchase Requisition PURCHASE OROER NUMAER MUST APPEAR ON ALL INVOICES PACKNG SLIPS, CARTONS ANO CORRESPONOENCE RELATED IO THIS ORDER PROJECT MANAGER FREIGHT TERN4S PREPAID F,O.B- DESTINATIONNET 30 AYMENT REOUESTOR Kim Tabarini PROJECT NAME: Request new PO for Fire lnspection and Plan Examiner services 1 $1 1940Request for new PO for Fire lnspection and Plan Review 55205 $ 415,642.92 servlces $ $ $It $(-r>,ifracl- A4Dfa J cd q r/5 $ $ $ $ $ $415 642_92 NOTES: Council Approval Date: Previous PO#17-0078 4IEloRqJD Descri ion of Purchase TOTAL AMOUNT III IIrIII Quant and Pricin ACCOUNTING GODES QTY UNIT UNIT PRICE DEPT EXPENSE OR PROJECT/ CODE GL ACCOUNT# COMMITI,IENT# @ CITY OF MERIDIAN Community Development DATE OF REQUEST Bruce Freckleton FUNDPART NUMBER ' DESCRIPTION ' COMMITMENT NAME 'TASK ORDER ' CONTRACT ' PROJECT DESCRIPTION .4 ro,ln r< I Ittr-r--I I r(l ( L @ PROFESSIONAL SDIIVICtr,S AGREEMEN'T BETWtrEN JACKSON CODE CONSULTANTS, INC. AND CITY OF MERIDIAN FOR TIRT PLAN REVIEW AND INSPECTION SERVICES This PROFESSIONAL SERVICES AGREEMENT BETWEEN JACKSON CODE CONSI]LTANTS, iNC. AND CITY OF MERIDIAN FOR FIRE PLAN REVIEW AND INSPECTION SERVICES ('Agreement') is made and entered into this 1 day of Ce,Ak1alul_, 2015, by and between Jackson Code Consultants, Inc. ("Contractor") whose address is P.O. Box 1303, Melidian, Idaho, and the City of Meridian ("City") whose address is 33 East Bloadway Avenue, Meridian, Idaho. Contactor and City may hereafter collectively be refened to as '?arties." WHEREAS, the City is a municipal corporation created under the laws of the State of Idaho and as such, is authorized by Idaho Code sections 39-4116(2) and 39-4116(4) to adopt building codes and local amendments thereto, and by Idaho Code section 50-301 to enter into contracts for the purpose of implemeffing such codes; and WI{EREAS, the City Council of City finds that it is in t}re best interest of the health, safety, and welfare of the people of the City of Meridian to enter into this Agreement with Contractor; and NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, Contractor and the City hereby agree and contract as follows: A. Scope of Services. Contactor shall perform the necessary services arLd adhere in all respects to the sewice level expectations set forth in ExLID it A, Scope ofServices, attached hereto and incorporated herein by teference. C. Contractor's Employees. Cont"ctor's employees, designees, subcontmctors, and delegee shall be bound by all ofthe terms and conditions ofthis Agreement, including the service level expectations set forth inExfribit A, scope ofservices, and all qualifications required of Contractor hereunder, except as otherwise specified in this Agleement, and except as to cledcal or admilistrative tasks not requiring such qualif,cations. Fire field inspectors shall be certified per section I.@)(1) herein. Fire plan reviewers shall be PRoFESSIONAI SERVICES AGREEMENT FoR FRIIILAN REVEW ND tNSPECTtoN SERvlcEs I'AGE I OI' 18 I. REspoNsrBrLrrlEs oF CoNTRAcroR. B. Continuity of Operations, Where, as to any task performed or service provided hereunder, Conlractor is unable for any reason to meet the obligations and time constraints set forth n Exhibit A, Scope of Services, Contractor shall engage a duly authorized designee, who shall be: (1) authorized by Contractol to complete tasks and to make decisions on Contractor's behalf, (2) in good standing with all relevant licensing authorities, and (3) hold at least the minintum certifications required by Idaho Code 41- 253,41-254,41-255,47-256 and by section [. (D) herein; and any other sections as required by Idaho State Law. Contractor shall notifu the Cily-Contractor Liaison of any and all sueh designations. cefiified per section I.(D)(2) herein. Within seven (7) business days of execution of this Agreement, and thenceforth within seven (7) business days of hiring or reassigning persomel to provide services hereunder, Contactor shall provide to City a list ofall Contractol personnel who are employed or otherwise assigned by Contractor to provide services under this agreement, including suchpersonnel's credentials and qualifications. Upon hiring or reassigning personnel to perform services under this contract, such personnel may hold minimum certification as requircd by Idaho Code 41-253,41-254, 41-255,41-256;wrthin thirfy (30) days of hiring or reassigning such personnel, such personnel shall be fi:lly qualified and certified as required herein._City may withhold its consent to such employment, designation, subconlract, or delegation or other transfel of Contractor's rights and responsibilities under this Agleement, when City, in its reasonable discretion, determines that the ploposed transaction would not servs the best interest of the City of Meridian. D. Qualifications. At all times throughout the term of this Agreement, Contractor shall be suffrciently qualified to provide services in the marurer and in the timeframe established by this provision and all provisions ofthis Agreement. Specifically, without limitation, Contactor strall be in good standing with all relevant licensing authorities and shall, at a minimum, hold the following lnternational Code Council (ICC) certifications: 1. ICC Fire Inspector II; 2. ICC l'ire Plans Examiner; 3. Any and all other certifications required by 1aw. E. OIIice Hours. Contractor shall establish regular office hours during which Contractor, or Contractor's duly authorized designee, shall commil to being available at Meridian City Hall during City business hours to perform administrative tasks required under Exhibit A, Scope of Serttices. G. Prohibited Serviccs; Conflicts of Interest. Conlractor shall not perform any work under the guise of another business entity, personally or professionally, on any property or work that is inspected by Contractor or that falls under the inspection responsibilities of Contractor as contemplated by this Agreement. Contractor is slrictly prohibited from referring any work to Contractor, or any company with which Contractor is associated, whether personally or professionally. Contractor's use ofany City resource shall be limited exclusively to the work related to this Agreement. Contractor shall report to the City-Conh'actor Liaison any potential conflicts of interest it may have relative to a construction project. H. Public Records. Conflactor acknowledges that all records containing information PROFESSIONAL SERVICES AGR.EEMEN"T FoR FIRE PLAN REVIEW AND INSPECTION SERVICES PAGE 2 oF 18 F. Cell Phone. Contractor and Contractor's employees shall maintain, at Contractor's expense, a cellular telephone with voice mail, and shall provide the telcphone numbers thereof to the CiR-Conlractor Liaison. relating to the conduct or administation of this Agreement and services plovided hereunder prepaled, owned, used or retained by Contractor are public records and as such are subj ect to City's tecotds t'etention schedule and/or the Idaho public records act. Conh'actor shall, upofl request and within two (2) working days ofsuch request, provide requested infolmation or records to the City Clelk's Office. Contractor shall, upon lequest, prepare and plovide to City all data collected and/or reports prepared regarding services conducted under this Agreement. L lnsurance. Contractor shall obtain insurance as set fofih below. Such insulance shall be evidetrced by a certificate of insurance issued by an insulance company ligensed to do business in the State ofldaho and containing a thirty-day notice ofcancellation sndorsement. Contr actor shall obtain (at Contractor's sole expense), shall maintain throughout the tern of this Agl eement, and upon execution of this Agreement shall provide City with proofofeach and all ofthe following insulance coverages: l. Comprehensiye general liabi-lity insulance with a combined single limit of not less than one million dollars ($1,000,000) per occuuence for property damage and bodily injury or death naming the City of Meridian as an additronal insured. In the event a unilateral oancellation or restriction by the insrrance oompany of tlre insurance policy refered to in this paragzpll Contractor shall notiry Ciry in writing within three (3) business days. City has the right to suspend portions of this Ageement in the City's sole discrrtion if Contractor's general liability insurance is revoked, cancel[ed, expires or Contractor is otherwise without generai liability insulance. Contractor shall be afforded a leasonable time to obtain insurance. If Contractor cannot obtain insurance within a reasonable time, City may terminate this Agreement. 2. Automobile liabilily insurance with a combined single limit per occurrence of not less than five hundred thousand dollars ($500,000). 3. Enors and omissions insurance for the serices under this Agteement, in an amount ofnot less than five hundred thousand dollals ($500,000) per occurrence naming the City of Meridian as an addltional insured. 4. Wolkers' compensation insurance on Contlactor and all persons in Contractor's employ in the ininimum amount(s) and as required by Idaho law. This plovision shall apply to Contmctor even if Contractor is asting as a sole proprietor, regardless of the wolker's compensation insurance tequirements of the State of Idaho regarding sole proprietors. J. Complianee with Applicable Law and City Policies. Contractor sha11 comply with all federal, state, City, and other laws afld ordinances applicable to services performed under this Agreement. When performing services under this Agreement, Contractor shall adhere to all Cify policies pertaining to workplace conduct, including but not limited to poiicies related to use of City equipment, drug and alcohol policy, computer and electronic equipment usage, and safety. City shall provide notice to Contractor of ary amendments or modification of City ordinances adopting or amending relevant codes ot PACE 3 oF l8 PRorESsroNAL SERVICES AGREEMENT FoR FIRE PLAN REvIEw AllD INSPECTIoN SriRvlcll.s policies. K. Electronic Equipment. City shall supply, for Contractor's use in completing tasks and providing services under this Agreement, electronic equipment enumerated in Erfribif fl Tablet PCs and Related Equipment Issued to Contractor hercto. Any electronic equipment fumished by City for use by Contractor sha11 be utilized for the sole purpose of conducting servicss enumerated under this Agleement. The use ofpersonal electronic equipment, other tltan cellular telephones is prohibited while in the office. No personai electronic files of aoy kind may be stored on City-issued equipment. Conhactor shall lake all necessary measures to maintain all hatdware and software in good wo(king condition. City shall perform all necessary maintenance and repair of City-issued equipment. Contractor shall reimburse City for the cost olany major repair or replacement ofCity-issued equipment that becomes necessary due to loss, theft, or damage, regardless of cause, except that City shall be responsible for the cost of replacemerit where necessary due to internal component failure. Al1 City-issued equipment is and shall remain the ploperty of City at all times during the perfomance of this Ageement, and shall be immediately returned to City in good working condition upon termination or expiration of this Agreement. II. Rlsrorsrru,rtres on Ctty. A. Incidental Oflice Supplies. City shall provide, for Conlractor's use in performing services under this Agreement, ofhce space at Meridian City Hall, desk, computers and other electronic equipment, telephone system, inspection tags, permit notices, business cards, and incidental cierical staff services. City shall maintain ownership of all City equipment provided by the City and made available to the Contractor for this purpose. One soft-bound copy ofall adopted codes will be available for shared use at Meridian City Hall. To the extent that Contractor needs or desires additional supplies or services that are not provided by City under this Agreement, such supplies or selvices shall be provided at the sole cost and expense of the Contlactor. B. City-Contractor Liaison. City shall designate a City employee to act as a Cily- Conhactor Liaison, which City employee shall act as the City's representalive with regard to day-to-day administative matte$ related to Contractor's selvices under this Agreement. City shall provide to Contractor the name, e-mail address, and telephone number of the City-Contractor Liaison. A. Tcrm. This Agreement shall become effective on October I , 201 5, and shall expire on September 30, 2018, unless sooner temtinated as provided below. Time is of the essence in Contractor's performance of each and every obligation uader this Agreement. This Agreement term may be extended by sepmate wriften addendum, duly executed by both parties. PAGE 4 oF I8 III. GENI,RAI PRovrsroNs. PROFESSIoNAL SLJRVICUS AGREEMtrNT ToRFIRIi PI.AN REVIEW AND INSPDCfION SERVICES B. Non-Appropriation of X'unds. This Agreement shall in no way or manner be construed so as to bind or obligate City beyond the term of any particular appropriation of fi.rnds by Meridian City Council. The City resewes the right to terminate the Agreement if the Meridian City Council fails, neglects, or refuses to applopriate sufficient funds as may be requhed for City to continue its required performance under this Agreement. If City Councii fails to appropriate f-rnds for this Agreement for any fiscal yeal then this Agreemeut will teminate automatically, with no consequence to the City, on the last day ofthe last fiscal year of apgopriated funds. 1. Scvcnty-three percent (73%) of the Commercial Fire Code Plan Review Fees that are collected. 2. Seventy-three percent Q3yo) of the permit fees collected for: a. Cooking hood fire extinguishing systems b. Commercial Fire Alarm Systems c. Commercial Fire Sprinkler Systems d. Fire Sprinkler Systems lor Commercial Tenant Impllvements, Remodels and Upgrades e. Undergound Tank Installations f. Hazardous Material Storage Review & Inspection g. High Pile Combustible Storage Review & Inspection D. Hourly Rate. For duties and functiors expressly enumerated hereunder as billed hourly, and only upon prior written approval ofor written request for such seruices, Contractor may charge City an hourly rate ofno more than $50.00 per hour. City shall notbe obligated to pay Contractor an hourly rate for any service provided without City's prior written approval or request. PROFESSIONAL SERV ICES ACRIEMENT FOR FIRE PLAN REV]EW AND INSPE TION SERVICES PAGE 5 oF I8 C. Revenue Allocation. Contractor shall be entitled to the following shares of building permit fee revenues collected by City directly relative to the specific fee schedule adopted by the City of Meridian on the effective date of this contract, attached hereto as Exhibtt D, Fee Schedule. If changes or new perrnit fee schedules ale adopted by the City of Meridian, the confi'actol pa)tnents will not be adjusted and will be payable per the fee schedules in effect on the date of the commencement of this contart. E. Payment. Fees pertaining to services provided under this Agreement shall be collected by City. City shall remit Contractor's share ofpermit revenues collected by the City in accordance with -Eri ibit C, ?ayment Schedule, to later than the tenth (10th) day of the month following attainment of the specified Milestone. City shall maintain an accounting of all permit fees and shall provide to Contractor a full accounting therefore upon request. It is acknowledged by thc parties that the City collects permit fees when permits are issued. Contractor shall be entitled only to Contractor's allocated shat'e of permit revenues for .i.nspections provided durir:g the term of this Agteement. F. Liquidated Damages. Contractor shall be liable to the City for any delay beyond the time peliods specified in this agreement, in the amount of two hundred fifty dollars ($250.00) for each business 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 ponalty. G. Records. All records, including those of costs, reimbursable expenses, and payments shall be kept to generally recognized accorurting methods and standards and shall be available to the other Party at all times. H. Independent Contractor. In all matters pertaining to this Ageement, Contractor shall be acting as an independent contractor, and neither Contractol nor any officer, employee or agent of Contractor shall be deemed an employee of City in any manner or for any pulpose. Specifically, without limitation, Contractor understands, acknowledges, and agrEes: 1. Contractor is &ee from actual and potential control by City in the provision of services under this Agreement, 2. Contractor is engaged in an independently established tmde, occupation, profession, or business. 3. Contractor has the authority to hire subordinates 4. Contractor ovrns and/or will provide a1l major items of equipment necessary to perform services under this Agreement. 5. Neither Contractor nor City shall be liable to the other for a peremptory termination of the business relationship descdbed under this Agreement. 6. Contractor shall be responsible for paynent of any Federal ol state taxes required as a result of this Agreement. ?. Conhactor shall not be entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this Agreement to the Contractor include: vacation, holiday, sick, or otler leaves ofpay; medical or dental insurance; or, retirement benefits. 8. Contactor is an independent contactor fol purposes of the ldaho Workers' Compensation laws, and shall comply with all applicable Workers' Compensation insurance requirements. 9. Substantialty all necessary tools, equipment, supplies and all other administrative suppoft expenses will be furnished by contractor, with the exception ofthe incidental items to be fumished by City as set forth herein. PRoFESSIONAL SERVICES AGREEMENT FOR F1RE PLAN REVIEW AND INSPECTION SERVICES PAGD 6 OII I8 10. Contractor wifl not be eligible for any Federal Social Security, State Workrnan's Compensation or unemployment insurance payment from the City or charged to City's account- I. Notice. Communication between the City-Contlactor Liaison and Contr.actor. regarding day-to-day and adminishative matterc shall occw via e-mail or telephone. Al1 other notices required to be given by either of the parties hereto shall be in wtiting and be deemed communicated when personally served, or mailed in the United States mail, addressed respeclively as follows: City of Melidian Atbr: Development Services Manager 33 E. Broadway Avenue Meridian, ldaho 83642 Richard E. Jackson Jackson Code Consultants, Inc. P.O. Box 1303 Meridian, Idaho 83680- 1 303 Either party may change its authorized representative and/ol address for the purpose of this paragraph by giving witten notice of such change to the other party in the manner herein provided. J. Termination. 1. Mutual Consent. This Agreement may be terminated at any time by mutual written consent of both Parties. 2. Best Intercst of City or Contuactor. City may terminate this Agr eement by providing sixty (60) business days written notice to the other party if, at any tirne, for any leason, City detennines that termination of the Agreement is in the best interest of City. Contractor may terminate this Agreement by providing sixty (60) business days writlen notice to the other party if, at any time, for any reason, Contractor determines that lermination of the Agreement is in the best interest of Contractor. In the event of termination, the nonterminating party shall be entitled to compensation for the services performed per the provisions outlined above up to the effective date of term ination. 3. Transition Period Following Termination. Upon written request of City, following the sixty-day notice period described above, Contractor shall provide services as described under this Agreement for an additional thirty (30) business days or for such period as the parties may agree. During the additional thify-day term, all provisions ofthis Agreement shall apply, except that City shall compensate Contractor on an hourly basis as established herein. To receive payment, Contractor shall submit to City a detailed invoice, including time records containing date, service plovided, and time expended, recorded in 1S-minute increments. Cily shall provide payment to Contractor within thirty (30) business days of receipt of invoice. PAGE 7 OF 18 PROFESSIONAL SDRVICES AGREEMENT FOR FIRE PLAN REVIDW AND INSPECIION SERYICES 4. Changed Conditions. City may tsrminate or modifr this Agreement, in whole or in part, effective immediately upon delivery of written notice to Contactor, or at such later date as may be established by City under the following conditions: b. If any professional license, insurance, bond or cerlificate required by law, regulation or this Agreemenl to be held by Contractol to provide the services required by this fureement, is for any reason denied, revoked, suspended, or not renewed; c. If City has evidence that Contractor in the course ofits duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; d. Falsification ofrecords by Contractor; e. Failure of Conuactor to comply with the provisions of this Agreement or any applicable Federal, state or local laws and rules. f. If Contractor or its agents engage in fraud, dishonesty, or arry otler act of misconduct in the performance of this Agreement; g. Ifjustifred, documented complaints are made against Conttactor or its agents for failure to provide services as specified herein or failure to perform duties in a courteous and professional manner; h. If Contractor fails to perform any of the provisions ofthis Agreement, or fails to perlorm work uoder this Agteemenl in accordance with its terms, and after receipt of written notice fi'om City fails to correct such failures within fourteen (14) business days or other period as specified; or If the Cif Council determines that immediate termination of ihe Agreement is in the best interests of the City, including but not limited to a deterrnination by the City Council that the obligations under this agreement would violate Article VIII, Section 3 of the Idalo Constitution as a lesult of the City's failure, neglect, or refusal to appropdate sufficient funds as may be required for City to continue to perfonn its obligations under this agreement. K. Time of the Essence, Time is of the essence in Contractor's performance of each and every obligation and duty under this Agreement. L. Nonwaiver. A waiver of any right, remedy or provision provided in this Agreement ol by 1aw shall not constihrte a waiver ofany other rights, remedies or provisions, whether PAGD 8 or 18 a. If fedetal ol' state regulations or guidelines are modified, changed, or interpreted in such a way ttrat the services are no longer allowable or appropriate for purchase under this Agreement; PRoI,DSSIoNAI SERVICES AGREEMENT roR FRll PLAN BrvlEw AND INSpEcTIoN SERvtcEs or not similar, nor shall any waiver in one instance comtitute a waiver in any other instaflcc or constitute a continuing waiver. The rights afld remedies provided herein are not exclusive and a(e in addition to any other rights and remedies provided by 1aw or under this Agreement. City shall not be required to reinstate any provisions of this Agreement following a waiver for tle prcvision to be effective in any other instance. M. Indemnity. Contractor shall indemnifu, defend, save, andhold harmless the City and any and all of City's officers, agents, or employees from any and all losses, claims, suits, actions, orjudgments fol damages or injuly to persons or property, and fiom any and all losses and expenses caused or incurred by Contractor, its servants, agents, employees, guests, and/or business invitees wh.ile on City's premises or while fulfilling Contractor's obligations under this Agreement except for liability arising out of concurrent or sole negligence of City or City's officers, agents, or employees. Contractor shall indemnifu, defend, save, aad hold harmless the City and any and all of City's officers, agents, or employees fl'om any and all losses, claims, suits, actions, orjudgments for damages or injury to persons or proporty, and from any and all losses arrd expenses caused or incu ed by Contractor, its servants, agents, employees, guests, andlor business invitees as a result ofor alising out of the work performed under this Agreement and arising lrom the sole orjoint negligence of Conf,actor. N. Assignment. The Contractor may no1 subcontact, assign, or hausfer any right or duty arising hereunder without the prior written consent of the City, Any subcontractot, transferee, or assignee shall be bound by all ofthe terms and conditions ofthis Agreement. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best irterest of the City of Meridian. The provisions of this Agreement shall bind and inule to the benefit ofthe paldes and their respective successols and permitted assigns, O. Severability. The invalidity or unenforceability ofany particular" plovision of this Agreement shall not aflect the other provisions, and this Agreement shall be constoued in all respects as if any hvalid or unenforceable provision were omitted, P. Entire Agreement; Modification. This Agreement embodies tlte entire agreemsnt and understanding between the parties psltaining to the subject matter of this Agreement, and supersedes all prior agreernents, understandings, negotiations, reptesentations, and discussions, whether verbal or wlitten, of the padies pertaining to that subject matter. The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parlies hereto. Q. Nondiscrimination. Contractor agrees that it shal1 not discriminate against any person in the performance ofthis Agreement, on the graunds ofrace, gender, religion, national origin, sexual orientation, marital status, disability, or age. R. Survival All provisions of this Agreement which contain continuing obligations shall survive its expimtion or termination. PRoFESSIoNAL SERVICES AGRITM.ENI FoR ITRE PLAN REvIEw AND INSPBCIToN SERVICES PAGE 9 oF 18 S. Attorney Fees. In the event atr action, suit, or proceeding, including appeal there flrcm, is brought for failure to observe any of the terms of tltis Agreernent, the non-prevailing party shal1 be responsible for the prevailing party's attomey's fees, expenses, costs, and disbursements for said actior! suit, proceeding or appeal. T. Governing Lawl Venue. This Agreement shall be govemed and constued in accordance with the laws ofthe State ofldaho without resort to any ju'isdiction's conflict of 1aws, rules or doctdnes. Any claim, action, suit or proceeding between the City and Contractor that alises from or relates to this Agreement shall be brought and conducted solely and exclusively with the Fourth Judicial District Court ofAda Corurty for the State of ldaho. Provided, however, if the claim must be brought in a federal folum, then it shall be brought aad conducted exclusively within the United States District Court for Idaho. U. Exhibits. All exhibits to this Agreement are incorporated by reference and made a paxt of this A$eement as if the exhibits were set forth in their entirety in this Agreement. IN WITNESS WIIEREOF, the parties cause this agreement to be executed as of the day and year first above. JACI$ON E CONSULTANTS, INC Richald E. J idcnt CITY OF MERIDIAN: Tammy eeld, Mayor Attest: olman, City Clere [,ArS City ot ID]A.N l,Rol IisstoNAr SERvrcEs AcREEIVTENT rOR FIRI] PLAN REVIEW AND INSPECTION SERVICES P^GE IO OF I8 V. City Council Approval Rcquired. This Agreement shall not become effective or binding until approved by the Melidian City Council EXIIIBITA SCOPE OF SERVICES Overview: Contractor shall petfonn comptehensive commercial fire plan reviews, and deteiled fue inspections for any and all building projects and firc protection systems in the City of Meridian. Plan review and plan review corections shall veri$ that all project submittals meet or exceed the minimurn lile safety compliance per the adopted International Building Code, Intemational Fire Code and other resouces and reference materials. Corrmercial fire plan reviews shall ensure and verify that ali construction documents submitted to the City meet or exceed all current codified or ordained codes of the City prior to permit issuance. ItistheCity's preferonce t}tat the contlactor utilize commercial plan review softwarc, checklists and that computer generated reports be provided to the city and applicants, to ensure accuracy and consistency of all fire plan reviews. Contractor shall provide notices to the permit holder and the City ofany violation; and ordet correction ofany such violation. A. Plan Review. Contractor shall petform commercial fire plan review for all commercial submittals submitted for fire review. Contractor shall communicate ald coordinate commercial plan reviews and re-submittals with City Community Development staff, City Planning staff, City Public Works staff as well as Meridian Fire and other fire plan reviewers prior to pennit issuance to ensure that the requirements in the overview above are met as a minimum. A compliance report shail be generated and provided to the design professional in responsible charge on each commercial submittal listing all deficiencies and requiring re-submittal priot to permit issuance. Fire plan review shali include, but not be limited to; application completeness and accuracy; adopted codes; code analysis; egress analysis; t)?e construction; building height and area; area modifications; fire departrnent access; fire flow; fire hydrants; fue deparhent connection; fire pumps; gates; vehicle impact protection (bollalds) for extetior items such as hydrants, gas meters, etc.; hazards to firefighters (pitfalls, shafts, etc.); services and systems - knox box, address, utility localions, generators, fire command center, standby or emergency power, solar power, refrigeration, battery systems, commercial co6king; wall construction; occupant loads and posting ofrequired signs; occupancy and specialized sections of the IFC; exit widths; number of exits required and provided; door haldware; door swing and special doors; exit sign and emergency light locations; fue suppression; fire alarm; standpipe requirements; fue atea separations or fire banier requirements; interior finish (smoke development and flame spread); radio coverage; elevator sized to stretcher requirements in adopted International Building Code and local amendments, and operation; stairway construction for fire rated requirements; signage; roof access; vefiical openirgs; smoke and fire damper locations; hazardous materials; high piled storage; review ofall other chapters ofthe Intemalional Fire Code based on the use arrd systems used. B. Field Inspections. Contactor shall perform field impections to verifr and PROFESSIoNAL SERVICES AGREEMENT FoR FIRE PLAN REvIEw AND INSPECTION SERVICES PAGE Il OT 18 [. SDRVICES PRoVTDED By CoNTRACToR. incorpomte the lequirements of plan review. Each and every freld inspection requested between l2:00 a.m. and 8:00 a.m. on a City business day sha1l be performed that day. Each and every field inspection requested between 8:00 a.m. and 1 I :59 p.m. on a City business day shall be performed the next business day. Each and every field inspection requested on a non-business day shall be performed the next business day. C. Certification of Device and Sprinlder Counts, Conlractol shall review and count devices and sprinkler heads and input this information into Accela. D. Computerized Permit Tracking Programs. Contractor shall utilizc the Tablet PC and Accela Software provided by City to input data regarding the status oftasks related to services provided helermder into the tracking database, including, but not limited to, plan review, plan review comments, field inspections and rc-inspections, inspection notes, pass/fail status, and final inspection status. Contractor shall also conduct research as needed for atchived information. Contractor shall specify regular or double inspection fees as required. Data entry for every fire inspection shall immediately be entered following the completion of the inspection. E. Administrative Tasks. During Contractor's office hours at Meridian City [Ia11, Contractor or his designee shall be available to take phone calls, lespond to voice mail and e-mail messages, answer questions, and attend meetings upon request of, as needed, or as scheduled by City. Contractor sha1l respond to voice mail and e-mail messages within one (1) business day. F. Cotle Amendments and Technological Advancement. Contractor sha1l moritor legislation and technical developments that may affect the building industry. This may include, but shall not be limited to, attending meetings, conferences, workshops, and tr aining sessions to become and remain current on principles, practices, and new developments. Contractor shail be responsible for all associated costs. G. Code Compliance. Contractor sha1l assist City in cnforcing appropriate ordinances, including odinances related to land use, building sites, and building uses. Contractor shall report to the City of Meridian City-Contractor Liaison any observed violations of City Code of which Contractor has knowledge, as well as the cun'ent lntemational Codes adopted by City. Contractor shall collaborate with City personnel on the investigation ald euforcement of civil and./or criminal penalties for unconected violations. H. Process and Performance Standards. Contractor shall pt'ovide services in accordance with the following process and performance standards: 1, FrRE PLAN REvIEw Commercial Projectsa PROI:I;SSIONAL SI]RVId,S AGREEMLMI' I'OR FIRE PIAN TGVIEW AND INSPEC'I'ION SERVICFI PAGE 12 OF 18 (l) Contractor shall complete plan review no more than ten (10) business days after receipt of complete application fol all commercial applications. (2) Contractor shall provide fire plan review comnents, tedlines, rc-submittel lequests and other con'espondence via email to design professional ofrecord and to City, and shall archive sarne in the manner and in the location specified by City. (3) City staff shall install the initial elechonic plan fi1es into the city database for all projects requiring fire plan review. Conlractor shall be rcsponsible to instail all resubmitted plan files and documents in the same city database. Contractor shall also be responsible to incotporate resubmitted hard copies into plan set(s) issued fol construction. (4) Contractor shall perform plan review for compliance for the fire systems and equipment on all commercial projects. (5) Contractor shall stamp the plan set(s) with appropriate language to signifu approval or rejection. Contractor shall provide all stamps used in the review and approval process. b. Tenant Improvement Projects (1) Contractor shall perform plan review for all tenant improvement projects. (2) Contractor shall complete plan review no more than seven (7) business days after receipt of complete applicatiorl except when determined by ihe City, Contaetor shall complete "Fast Track Tenant Improvement" projects no more than tlu'ee (3) business days after rrcceipt of complete application. City will notift Contraetor of"Fast Track Tenant Improvement" projects through notification in the City's computerized permit ttacking program. (3) Contractor shal1 provide plan review comments, redlines, rc-submittal requests and other corespondence via email to all design professionals of record and to Citn and shall archive same in the manner and in the location speci-fied by City. (5) City s1aff shall install the initial electronic plan files into the city database for ail projects requiring fire plan review. Conh'actor shall be responsible to install all resubmitted plan fi1es and documents in the same city database. Contr actor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. PRoFESSIoNAL SERVICES AGREEMENT FOR FIRE PLAN ]INVIEW AND INSPECTION SERVICES PAGE l3 or l8 (4) Contraclor shall perform plan review to veri.ry compliance with the fire systerns and equipment on all commercial projects. (6) Contractor shall stamp the plan set(s) with appropriate language to signify approval ol rejection. Contactor shall provide all stamps used in the review and approval process. 2. I'IRE INsPEc l loNs a. Commercial Projects (1) Contractor shall perform all fue inspections for commercial projects, from initial inspection tkough final inspection. City shall provide all pass/fail inspection tags, and notices for Contractor us€. (3) Conkactor shall sign off for fmal fire inspection for Celtificate of Occupancy, Temporaly Certificates ofOccupancy, and Letters of Substantial Completion following satisfaction of al[ inspections and review of any third parfy special inspection reports. As appropriate, Contactor shall provide notices of violations of applicable standards to permit holders. (4) Contractor shall input all fire inspection information into the tablet PCs using the City's Accela software immediately following the inspection unless city provided hardware or software is creating connectivity issues. This shall include, but not be limited to specific hformation related to inspection, correction notices, and re-inspection. (5) Contractor shall perform as mary impections as nec€ssary on any permit, Contractor may assess rc-inspection fees, per the adopted fee schedule, if items fi'orn a previous correction notice are flot conected when a new inspection is requested. 1. Display a City-issued contlactor photo identification badge. 2. Provide a City-issued business card during field inspections, as appropriate. 3. Dress professionally. While performing services for the City of Meridian, the Contractor, its subcontractors, if any, and all employets working under this contract shall not advertise on clothing or vehicles (logos, graphics, etc.) any business other than Jackson Code Consultants, lnc. PRoFESSIONAL SERvICES AGREEMBNT FOR FNE PT-i.N REVIEW AND TNSPECT1ON SERVICES PAcri 14 ol 18 (2) inspeotion requests received prior to 8:00 a.m. on a business day shall be pelformed the same business day. If the request is received on a non-business day, the inspection shall be pedormed the next business day. II. SERvrcE LEVEL E)GECTATIoNS, A, Professionalism. When performing services under this Agreement, Contractor shall be professional in demeanor and in conduct, and to that end shall at all times: 4. Wear appropriate clothing and safety gear to prctect from personal injury. B. CARE Principlcs. City expects all contract pe1'sonnel, including Contractor, to in good faith and to the extent teasonably requircd perform services in accordance with the City's four organizational values and conesponding behaviors, identified by the City as signifisanl an6 vital to lhe success ofthe City as a whole: Customer Service, Accountability, Respect, and Excellence. 1. Customer Service: Contractor is asked to respond to customers in a genuine, positive, and timely manner; presenting a polite and approachable persona; maintaining composure under difficult circumstances; sharing information regarding the customer's ooncerns; and following up with customers. 2. Accountability: Contractor acknowledges that each ofus is respolsible for our own work, choices, and actions. Contractor personnel are asked to be responsible for their actions; actively participate as a team member; make legal and ethical decisions; and provide accurate and cument information regalding expectations, priorilies, and accomplishments. 3. Respect: Conhactor personnel ale asked to be trustworthy and courteous; acknowledge and accept people with diverse opinions and backglounds; heat all customers and co-wolkers fairly, equally, and as youwould want to be teated; and aysiding gossip or passing information of a confidential or private nature. 4. Excellence: Contractor personnel are asked to be professional, flexible, and adaptable to community needs; to increase efficiency as well as effectiveness by looking for ways to improve processes; and to provide feedback regarding processes or proposed changes. PRoFESSIONAL SERVICES ACzuiEMENT FoR FME PI,AN REvIEw AND INSPECTION SBRVICES P^GE I5 OF I8 IIxIIIBIT B TABLET PCs AND RELATED EQUIPMUN . ISSUE,D TO CONTRACTOR 109006 Motion Computin g Tablet 1 09005 Motion Computing Tablet 100575 I{P Mobilc Printer 100583 HP Mobile Printer 09s53 200W Power lnverter 09554 200W Power Inverter N/A Misc. Charging adapters and tablet cases for each unit PROPESS IONAL SERVICES AGREEMENT FOR FIRE PLAN REVIEW AND INSPESNON SFI(VICES PAOE I6 OI I8 Asscl [D Tap Numbcr Eq,ripurcut EXHIBII C PAYMtrN'T SCHEDULE f,.IRE INSPECTION - PAYMENT SCHEDULE Tvpo of Permit Milestone Amount to be paid Fire Commercial - New Fire Residential New Po:mit issuanoo i00% offees due Conlractor All other permit types Permit issualce 100% offees due Contractor PRoIiESSIONAI SERVICES AGRDEMENI roR FIRri Pr,AN R-EvtEw AND INSPDCI'loN SDRVICES PAGE I7 oF I8 EXHIBTT D IIEE SCHE,DI]I,E Fire Fee Schedule 01. Application Fee No deposit lequired. 02. Fire Sprinkler Baseminimumfee(lncludesupto35heads)............$150.00 Cost per head (if over 35).... ... ..... $4.25 pel head 03. Fire Alam Baseminimumfee(includesupto35devices)...............$150.00 Cost per device (ifover 35)........ .......$4.25 per device 04. Commercia.l Hood Extinguishing Systems ........$ 125.00 per system 05. High Piled Combustible Storage .$ 150.00 per building o1 area 06. Hazardous Material Review and Inspection . . ... . .$22s.00 07. 'fanl<s Review and lnspection . ..$ 125.00 per tank 08. After Hours Inspections $100.00 per hour 09. Additional Inspections 10. Final Inspection in excess of one hour ..... $65.00 per hour 12. Re-Submittal review,.................... . .. .. $75.00 per hour 13. Work commenci:rg without pennit. . .double permit fee PRoFEsstoNAL SERvtcF-s AGRDDMEN T' FoR FIRE PIAN REvIEw AND INSPI]CTION SERVICES PAGE I8 oF 18 $65.00 per hour Meridian City Council Meeting DATE: October 24, 2017 ITEM TITLE: ITEM NUMBER: PROJECT NUMBER: Approval of PO # 18-0059 for Plumbing Plan Review and Inspection Services FYI to DMH Enterprises for the Not -to - Exceed amount of $191,100.00. The Purchase Order is issued in conjuntion with the Professional Services Agreement with DMH Enterprises dated Sept. 1. 2015 MEETING NOTES � Wwpso�Eu Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION 6F DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Gihr of Meridian Purchasing Dept. Memo The Purchasing Department, on behatf of the Building Department, respectfully requests that the following item be placed on the October 24s City Council Consent Agenda for Council's consideration. Approval of PO #18-0059 for Plumbino Plan Review and lnspection Services FY18 to To: C, Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Bruce Freckleton Dale. 1oh6n7 Re: Od(obet 24 City Council Meeting Agenda ltem D[/H Enterprises for the Not-To-Exceed amount of $191,100.00. This Purchase Order is issued in conjunction with the Professional Services Agreement with DMH Enterprises dated Sept. 1 , 2015. Recommended Council Action: Approval of PO# 18{059 and authorize the Purchasing Manager to sign for the Not-To-Exceed amount of $19'1,100.00. Thank you for your consideration a Page 1 ?),{,IDIAN DAH O PUrChaSe Order 10t16t2017 Attention: BruceFreckelton 18-0059 CITY OF MERIDIAII 33 EAST BROADWAY AVII. MERIDIAN, ID 83642 (208) 888-4433 Billing Address: Shipping Address: Shipping Method: FOB: Unit Attn: Finance 33 E Broadway Ave l/eridian, lD 83642 33 E Broadway Ave Suite 102 Meridian, lD 83642 Vendor Address: DMH ENTERPRISES 1116 N DAWN DRIVE BO|SE, tD 83713 Description Plumbing Plan Review a lnspection Services Quantity 1 911 00.00 Contractor destination Unit Price 1.00 Total nd dollars 191 ,100.00 $191 ,100.00Purchase Order Total; Purchasing Manager: Special lnstructions Contract PO - Plumbing Plan Review & lnspection Services CouncilApproved September 1, 2015 for 3 years. Not-to-Exceed $191,100.00. 01-1940-55204 Case # 57987 Division Code Account Code Account Description 4L200 Wages 4t27O Overtime Wages 4202t FICA (7 .6s%l 42022 PERSI 42023 Workers'Comp 42025 Employee lnsu rance Total Personnel 53350 Software Maintenance 54720 Electronics Expense (under $5000) 55201 Building lnspections 55202 Mechanical lnspections 55203 Electrical lnspections 55204 Plumbing lnspections 55205 Fire lnspections 56103 Pagers/Radios/Commu nications 55200 Cellphone Expense 572OO Employee Semina rslTraining 57202 Travel - Transportation 57203 Travel - Lodging 57204 Travel - Per Diem 50101 Dues,Licenses, Publications Total Operating Costs 49000 Personneltransferlnterfund TotalTransfers Total Building Department S 1,748,998 S (1,714,38s) S 1,s70,893 S 2,003,s06 S (s7,2s4) S s7,2s4 5 (ss,4sus (s9,4s1) S (s7,2s4) 5 st,zsq S (se,4s1) S (ss,4s1) 5 2,L4s,922 S (1,6s7,131) $ t,gt,qqZ S Z,Qq,OAZ FY 2017 Final Budget s 310,860 S aaz 5 zt,aoz 5 Y,gzq s 1,260 S 8s,2oo FY 2017 One- Time FY 2018 Final Budget 324,531 332 24,8s2 38,789 7,329 90,774 1940 1940 1940 1940 1940 7940 1940 r-940 1940 1940 1940 1940 1940 1940 1940 1940 1940 1940 1940 1940 1940 1.940 1940 1940 1940 Division Name ) 5 ) ) s s s s s 5 s s S S S S5 qse,rzs S 5 s 480,007 s s s S s s s s s s s s S s s S s S s s s S S s s S S s s 5 s s s S s s S s s s s 12,543 s s00 s 650,475 s 292,500 s 152,500 s 195,000 s 413,910 s 7,680 s 1,800 s 3,750 s 1,500 s 1,400 s 760 s 2,580 s (5s0,47s) (292,s00) (152,s00) (19s,000) (413,910) 3,2L3 75,756 500 9r5,537 285,550 159,250 191,100 4L5,643 5,400 1,800 4,100 2,000 1,800 1,190 2,580 10/16/20179:56 ALil 1ol1 F:\BUDGET\FY2018\CD Building Department_1940\FY2018 Budget_Bldg Dept_1940 FY 2018 Adjustments Building Department Building Department Building Department Building Department Building oepartment Building Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Build ing Depa rtment Building Department Euilding Department Building Department 975,637 286,6s0 159,250 191,100 4L5,643 12,2_8ol 3s0 s00 400 430 Ol{B SUGGESTED VENDOR CITY OF NNERIDIANDIAN DMH Enterprises 1 1 16 N Dawn Drive Boise, lD 83713 Purchasing Department 33 E BROADWAY AVE, STE ,106 MERtOtAN, tD 83642 TEL: (208) 489-0417 FAX| (208) 887-4813 @ CIry OF MERIDIAN Community Development Dept 9t26t2017 IS BUDGET AMENDMENT REQUIRED? N/A CASE MANAGEMENT TICKET NO. 57987 $191,100.00 VAILABLE AMOUNT Purchase Requisition PURCHASE OROER NUMEER MUST APPEAR ON 'trT INVOICES, PACKING SLIPS, CAi]ONS ANO CORRESPONOENCE REI.ATED TO THIS ORDER PROJECT MANAGER Bruce Freckleton PAYI\IENT TERI\,4S NET 30 FREIGHT TERI\,IS PREPAID F.O.B, DESTINAT!ON REQUESTOR Kim Tabarini PROJECT NAME: Request new PO for Plumbinq lnspection Services Request for new PO for Plumbing lnspection Services 1 $1 1940 55204 $ 191,100.00 $ $ s s $ $ $ $ $ previous PO#s 17-0361 & 17-0079 AUTHOR!ZEO COUNCTL SIGNATURE ('r rcqliEd) NOTES: Council Approval Date $191,100.00 Descri on of Purchase Quant and Prici ACCOUNTING CODES FUND DEPT EXPENSE OR PRoJEGT/ CODE GLACCOUNT# COMMITMENT# II II IIIII I - II II II DATE OF REOUEST PART NUMBER ' DESCRIPTION ' COMMITMENT NAME 'TASK ORDER ' CONTRACT ' PROJECT DESCRIPTION Ory UN]T UN|T PRICE TOTAL AMOUNT ttttt I ttlttf--___l I- r tt tl z{.{ G.l) PROF'ESSIONAL SEITVICES AGREEMENT BETWEEN DMH EN'I'ERPRISES AND CITY OF MERIDIAN FOR PLUMBING PLAN RE\'IEW AND INSPECTION SERVICES This PROFESSIONAL SERVICES AGREEMENT BETWEEN DMH ENTERPRISES AND CITY OF MERIDIAN FOR PLUMBING PLAN REVIEW AND INSPECTION SERVICES ("Agreement") is made and entered into this \ day of Oe e-lr rvr lpl ,2015,by and between DMH Enterprises ("Contractor") whose address is 1 1 16 N. Dawn Drive, Boise, Idaho 83713, and the City of Meridian ("Cig') whose address is 33 East Broadway Avenue, Meridian, ldaho. Contractor and City may hereafter collectively be refened to as "Parties." WTTF.REAS, the City is a municipal corporation created under the laws of the State of Idaho and as such, is authorized by Idaho Code sections 39-4116Q) and 39-4116(4) to adopt building codes and local amendments thereto, and by Idaho Code section 50-301 to enter into contracts for the purpose of implementing such codes; and WHEREAS, the City Council of City finds that it is in the best interest of the health, safety, and welfare of the people of the City of Meridian to enter into this Agreement with Contractor; and NOW THEREFORE, in consideration of the mutual covenants and agrcements contained herein, Confractor and the City hereby agree and contract as follows: A. Scope of Services. Contractor shall perform the necessary services and adhere in all respects lo the service level expectaiions set fotth in Exhibit A, Scope of Semices, attached hereto and incorporated herein by refetence. B. Continuity of Operations. Whert, as to any task performed or service provided hereunder, Contractor is urnble for any reason to meet the obligations and time constraints set forth ln hhibit A, Scope of Services, Contractor shall engage a duly autholized designee, who shall be: (l) authorized by Contractor to complete tasks and to make decisions on Contractor's behalf, (2) in good standing with all relevaltt licersing authorities, and (3) hold at least the minimum certifications rcquired by section I' (D) herein. Contractor shall notify the City-Contractor Liaison of any and all such designations. C. Contractor's Employees. Contractor's employees, designees, subcontmctors, and delegee shall be bound by all ofthe terrns and conditions ofthis Agreement, including the serr'ice leve1 expectations set forth in Exftib it A, Scope ofServices, and all qualifications required of Contractor het'eunder, except as otherwise specified in this Agreemenl, and except as to clerical or administrative tasks not requiring such qualifications. Plumbing field inspectors shall be certified per section I.(D)(l) herein. Plumbing plan reviewers shall be certified per section I.(D)(2) herei:r. Within seven (7) business days of execution ofthis Agreement, and thenceforth within seven (7) business days ofhking or PAGE I oF 17 I. RESPoNSIBILITIES oF CoNTRACToR. PROFESSIONAI SERVTCIJS AGRIIEMIN'I' roR PLLMBD{G PLAN R[vlEw AND INSPBCI'IoN SDRVICES leassigning personnel to provide services hereunder', Contractor shall provide to City a list ofall Contractor personnel who are employed or otherwise assigned by Contractor.to provide services under this agreement, including such personnei's credentials and qualifications. City may withhold its consent to such employment, designation, subcontract, or delegation or other transfer ofCo[tactor's dghts and responsibilities under this Agreement, when City, in its reasonable discrelion, determines tlat the proposed ffansaction would not serve the best interest ofthe City of Meridian. D. Qualifications, At all times throughout the term of this Agleement, Contractor shall be sufFrciently qualified to provide services in the marner and in the timeiiame established by this provision and all provisions of this Agreement. Specifically, without limitation, Contractor shall be in good standing with all relevart licensing authorities and shall, at a minimum, hold the following certifications: 2. Intemational Association of Plumbing Officials (IAPMO) Plumbing Pians Examiner within six months of the execution of this agreement; 3. Any and all other certifications required by law. E. Office Houru. Contractor shall establish regular office hours during which Contxactor, or Contractor's duly authorized designeg shall commit to being available at Meridian City Hall dufing City business horus to perform administlative tasks reqvttedtnder Exhibit A, Scope of Sentices. F. Cell Phone, Contractor and Contlactor's employees shall maintain, at Conlractor's expense, a cellular telephone with voice maii, and shall provide the telephone numbers thereof to the City-Contractor Liaison. G. Prohibited Services; Conflicts of Interest. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any propefty or work that is inspected by Confractor or that falls rmder the inspection responsibilities of Contractor as contemplated by this Agreement. Contractor is strictly prohibited fiom leferting any work to Cont(actor, or any company with which Contractor is associated, whether personally or professionally. Contr actor's use of any City resource shall be limited exclusively to the work related to this Agreement. Contractor shall report to the City-Contractor Liaison any potential conflicts ofinterest it may have relative to a construction project. H. Public Records. Contractot acknowledges that all records mntaining information relating to the conduct or administration ofthis Agreement and services provided hereunder plepared, owned, used or retained by Contractor a1'e public records, ard as such are subject to City's records retention schedule and/or the Idaho public records act. Contractor shall, upon request and within two (2) working days of such request, provide PROFBSSIONAI, SERVICES AOREEMENT IOR PLI'MBINC PI,AN REVIEW AND INSPECTION SERVICES PAGE 2 OF 17 1. Intemational Association of Plumbing Offrcials "(APMO) Plwnbing Inspector" certification which certifies inspector in both residential and commercial disciplines. requested information or records to the City Clerk's Office where such information is maintained by Contractor in a location or format not readily accessible by City. Contractor shall, upon request, plepare and provide to City all data collected and/or reports prepared regarding services conducted under this Agreement. I. Insurance. Contractor shall obtain insurance as set forth below. Such insurance shall be evidenced by a certificate of insuance issued by an insurance company licensed to do business in the State ofldaho and containing a thirty-day notice of canceliation endolsement. Contra,ctor stnll obtain (at Contlactot's sole expense), shall maintain ttuoughout the term ofthis Agreement, and upon execution of this Agreement shall provide City with proofofeach and all ofthe following insurance coverages: Comprehensive general liability insurance with a combined single limit ofnot less than one million dollars ($i,000,000) per occurrence for property damage ard bodily injury or death, nami:rg the City of Meridian as an additional insured. In the event a unilateral cancellation or restriction by the insurance company of the insurancc policy refered to in this paragraph, Contractor shall notifr City in writing within three (3) business days. City has the right to suspend porlions of this Agreement in the City's sole discretion if Contractol''s general liability insurance is revoked, cancelled expires or Cont'actor is otherwise without general Iiability insurance. Contractor shall be afforded a reasonable time to obtain insurance. If Confiactor cannot obtain insuancc within a reasonable time, City rnay terminate this Agreement. 2. Automobile liability insurance with a combined single limit per occunence of not less than five hundred thousand dollars ($500,000). 3. Errors and omissions insurance for the services under this Agreement, in an amount of not less than five hundred thousand dollzus ($500,000) per occurrence, naming the City of Meridian as an additional insured. 4. Workers' compensation insulance on Contractor and all persons in Confuactor's employ in the minimum amount(s) and as tequired by Idaho law. This provision shall apply to Contractor even if Contractor is acting as a sole proprietor, rrgardless ofthe worker's compensation inzurance tequirements ofthe State of Idaho regarding sole ptoprietors. J. Compliance with Applicable Law and City Policies, Contractol shall comply with all federal, siate, City, and other laws and ordinances applicable to services performed under this Agreement. When performing services under this Agreement, Conkactor shall adhere to all City policies pertaining to workplace conduct, including but not limited to policies related to use of City equipment, dt'ug and alcohol policy, computer and electronic equipment usage, and safety. City shall provide notice to Conlractor of any anendments or modification of City ordinances adopting or amending relevant codes or policies. PRoFEssroNAr SERvlci,s AcRl,uMl,N'l FOR PLUMBING PLAN I{ljV]]'W AND INSPICIIoN SLRVICES PAGE 3 oF I7 K. Elcctronic Equipment, City shall supply, for Conhactor's use in completing tasks and providing services under this Agreement, electronic equipment enumerated in Exhtbit B, Tablel PCs and Related Equipment Issued to Contractor hercto. Any electronic equipment firnished by City for use by Contractor shall be utilized for the sole purpose of conducting sewices enumerated undel this Agreemerrt. The use ofpersonal eiectronic equipment, other thal cellular telephones is prohibited while in the offlrce. No personal electuonic files of any kind may be stored on City-issued equipment. Contractor shall take all necessary measul'es to maintain all hardware and software in good wolking condition. City shall perform all necessary maintenance and repair of City-issued equipment. Conhactor shall reimburse City for the cost of any major repair 01 replacement of City-issued equipment that becomes necessary due to loss, theft, or damage, regardless of cause, except that City shall be responsible for the cost of replacement where necessary due to internal component failure. All City-issued equipment is and shail remain the propelty of City at all times during tlle performance of this Agreement, and shall be immediately retumed to City in good working condition upon termination or expiration of this Agreement. B. City-Contractor Liaison. City shall designate a City employee to act as a City- Contractor Liaison, which City employee shal1 act as the City's representative with regard to day-to-day administrative mafters related to Contractor's services under this Agreement. City shall provide to Contractor the name, e-mail address, and telephone number of the City-Contractor Liaison. III. GENERAL PRovISIoN$. A. Term. This Agreement shall become effective on October 1,2015, and shall expire on Septen:ber 30,2018, unless sooner terminated as provided be1ow. Time is ofthe essence in Contractor's performance of each and every obligation under this Agreement. This Agreem€nt terrn may be extended by sepuate wtitten addendum, duly executed by both parties. B. Non-Appropriation of Funds. This Agreement shall in no way or manner be construed so as to bind or obligate City beyond the term of any particular appropriation of firnds by Meridian City Council. The City reserves the right to terminate the Agreement if the PRoFESSIoNAL SERVICES AGREEMENT FoR PLUMBTNG PLAN REvrEw AND INSPECTIoN SDRVICES PAGE 4 oF 17 II. REsPoNsrBrLrrrEs oF CrrY. A. Incidental Office Supplies. City shall plovide, for Contractor's use in performing seruices under this Agresment, office space at Meridian City Hall, desk, computels and other electronic equipment, telephone system, inspection tags, permit notices, business cards, and incidenta.l clerica.l staff services. City shall maintain ownership of all City equipment provided by the City and made available to the Conttactor for t}ris purpose. One soft-bound copy ofall adopted codes will be available for shared use at Meridian City l{all. To the extent that Conlraetor needs or desires additional supplies or services that are not provided by City under this Agreement, such supplies or services shall be provided at the sole cost and expense ofthe Contractol. Meridian City Council fails, neglects, or refuses to appropdale sufEcient funds as may be required for City to continue its required performance under this Agreement. If City Council fails to appropriate funds for this Agreement for any fiscal year then this Agreement will terminate automatically, with no consequence to the City, on the last day of the last fiscal year of appropriated funds. C. Revenue Allocation. Contractor shall be entitled to sixty percent (60%) of commercial and residential plumbing pennit fees collected by City directly relative to the specific fee schedule adopted by the City of Meridian on the effective date ofthis contract, attached hereto as Exhibit D, Fee Schedule. If changes or new permit fee schedules are adopted by tlte City of Meridian, the contactor payments will be adjusted and will be payable per the current fee schedules in effect at that time. D. Hourly Rate. For duties and functions expressly enumerated hereunder as billed hourly, and only upon prior written apptoval ofor written request for such seivices, Contractor may charge City an hourly rate ofno more than $50.00 per hour. City shall notbe obligated to pay Contractor an hourly rate for any service provided without City's prior wlitten appmval or request. E. Payment. Fees pertair',i1g 1o services provided under this Agreement shall be collected by City. City shall remit Conh'actor's share of permit revenues collected by the City in accordance with ,Exfr ibit C, Payment Sche rle, no later than the tenth (10th) day of the month following attainment of the specified Milestone. City shall maintain an accounting ofall permit fees and shall provide to Contractor a firl1 accounting therefor upon request. It is acknowledged by the parties that the City collects permit fees when permits are issued. Contractor shall be entitled only to Conhactor's allocated shale of permit revonues for inspections provided during the term ofthis Agreement. F. Liquidated Damages. Contractor shall be liable to the City for any delay beyond the time periods specified in this agreement, in the amount of two hundred fifty dollars ($250.00) for each business day. Such payment shall be construed to be liquidated damages by the Contractor in lieu ofany claim or damage because ofsuch delay and not be construed as a penalty. G. Records, A11 records, including those of costs, reimbursable expenses, and payments shall be kept to generally recognized accounting methods and standards and shall be available to the other Party at all times. H. Independent Contractor. In all matters pertaining to this Agreement, Conhactor shall be acting as an hdependent contractor, and neither Contractor nor any officer, employee or agent of Contractor shal1 be deemed an employee of City in any manner or for any purpose. Specificaily, without limitation, Contractor underctands, acknowledges, and agrees: 1, Contractor is ftee ftom actual and potential contlol by City in the provision of selices under this Agreement. PRoFESSIONAL SERVICES AGRDI]MENT FoR PLUM-BNG PI,AN Rrvliw AND INsPIrcl toN SLRVlcl.rs PAGE 5 oF 17 2. Contractor is engaged in an independently established trade, occupation, profession, or business. 3. Contractor has the authority to hire subordinates. 4. Contractol owns and/or will provide all major items of equipment necessary to perform services tulder this Agreement. 5. Neitler Contractor nor City shall be liable to the other for a peremptory termination of the business relationship described undel this Agreement. 6. Contractor shall be responsible for payment of any Federal or state taxes required as a result of this Agreemenl. 7. Contractor shall not be entilled to any benefits genemlly granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this Agreement to the Contractor include: vacation, holiday, sick, or other leaves ofpay; medical or dental insurance; or, retirement benefits. 8. Contractot is an independent conhactor for purposes ofthe Idaho Workers' Compensation laws, and shall comply with all applicable Workerc' Compensation insulance reqrrirements. 9. Substantially a1l necessary tools, equipment, supplies and all other adminiskative support expenses will be furnished by Contraclor, with the exception ofthe incidental items to be fumished by City as set forth herein. 10. Contractor will not be eligible for any Federal Social Security, State Wolkman's Compensation or u-nemployment insurance payment ftom the City or charged to City's account. I. Notice. Communication between the City-Contractor Liaison and Contractor regarding day-to-day and administrative matters shail occur via e-mail or teiephone. All other notices required to be given by either ofthe parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed respectively as follows: City of Meridian Attn: Development Services Manager 33 E. Broadway Avenue Meddian, Idaho 83642 Demis Holte DMH Enterprises 1 i 16 N. Dawn Dlive Boise, Idaho 83713 Either party may change its authorized rcpresentative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the marner herein provided. J. Tcrmination, 1. Mutuat Consent. This Agreement may be terminated at any time by mutual wlitten consent of both Parties. 2. Best Interest of City or Contractor. City may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any leason, City determines that termination of the Agreement is in the best interest PRoFESSIONAL SERVICES AGREEIvGI'{T I.oR PLUMBING PLAN REvlEw AxD INsPEgrloN SERVlcEs PAGE 5 oF 17 of City. Conlractor may tenninate this Agreernent by providing sixty (60) business days written notice to the other party if, at any time, for any reason, Contractor detemines that telmination of the Agreement is in the best interest of Contractor. In the everlt of termination, the non-terminating palty shall be entitled to compensalion for the sewices performed per the provisions outlined above up to the effective date of termination. 3. Transition Period Following Termination. Upon written request of City, following the sixty-day notice period described above, Contractor shall provide services as described under this Agreement for an additional thirty (30) business days or for such period as the parlies may agree. During the additional thirty-day tem, all provisions of this Agreement sha1l apply, except that City shall compensate Contractor on an hourly basis as eslablished herein. To receive payment, Conlractor shall submit to City a detailed invoice, including time records containing date, sewice provided, and time expended, recorded in lS-minute increments. City shall provide payment to Contractor within lhirly (30) business days ofreceipt ofinvoice. 4. Changed Conditions. City may tennfur.ate or modify this Agreement, in whole or in part, effeotive immediately upon delivery of written notice to Contractol, or at such later date as may be established by City under the following conditions: a. If federal or state regulations or guidelines are mpdifigd, changed, 01 itrtelpleted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement; b, If any professional license, insurance, bond or certificate required by law, regulation or this Agreement to be held by ConEactor to provide the services required by this Agreement, is for any reason denied, revoked, suspended, or not renewed; c. If City has evidence that Contractor in the coutse of its duties herein has endangered or is endangering the health a:rd safety of cLients, residents, staffor the public; d. Falsifrcation of records by Contractor; e. Failure of Contractor to comply with the provisions of this Agreement or any applicable Federal, state or local laws and mles. f. If Contractor or its agerts engage in ftaud, dishonesty, or any other act of misconduct in the performance of this Agreement; g. If jusffied, documented complaints are made against Contmctor or its agents for failure to provide seryic.es as specified herein or faiiure to perform duties in a courteous and professional manner; h, If Contractor fails to perform any of the provisions of this Agreement, or fails to perform work under this Agreement in accordance with its terms, and after receipt of written notice from City fails to couect such failules within fourteen (14) business days or other period as specified; or i. If the City Council determines that immediate termination of the Agreement is in the best intercsts ofthe City, including but not Iimited to a deterrnination by the City Coucil that the obligatiors uoder this agreement would violate Article VIII, PROFESSIONAT SERVICES AGRDTJMGNI' FoR PLUMBNG PLI.N RXVUJW AND INSPEC|ION SERYICES PA0E 7 oF 17 Section 3 ofthe Idaho Constitution as a result ofthe City's failure, neglect, or refusal to appropriate sufficient funds as may be requircd for City to continue to pcrform its obligations under this agreement. K. Time of the Essence. Time is of the essence in Contlactor's performance of each and every obligation and duty under this Agreement. L. Nonwaivcr. A waiver of any right, remedy or provision provided in this Agreement or by law shall not constitute a waiver ofany other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. The rigl.rts and remedies prcvided herein are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement, City shall not be required to reinstate any provisions of this Agreement following a waiver for the provision to be effective in any other instance. M. Indemnity. Contactor shall indemnifi, defend, save, and hold harnless the City and any and all of City's officers, agents, or employees from any and all losses, claims, suits, actions, or judgments for damages or injury to persons or property, and flom any and all losses and expenses caused or inctured by Contractor, its servants, agents, employees, guests, and/or business invitees while on City's premises or while fulfilling Contractor's obligations under this Agreement, except for liability arising out of concurrent or sole negligence of City or City's officers, agents, or employees. Conhactor shall indemnify, defend, save, and hold harmless the City and any and all of City's offrcers, agents, or employees from any and all losses, claims, suits, actions, orjudgments for damages or iojury to persons or property, and from any and all losses and expenses caused or incuned by Contractor, its seryants, agents, employees, guests, and/or business invitees as a result ofor arising out of the work performed under this Agreement and arising from the sole orjoint negligence of Contractor. N. Assignment. The Contractol may not subcontract, assign, or transfer any right or duty arising hereunder without the prior written consent ofthe City. Any subcontractor, transferee, or assignee shall be bound by all ofthe terms and conditions of this Agreement. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian. The provisions of this Agreement shall bind and inure to the benefit of the parties ald their respective successors and permitted assigns. O. Sevcrability. The invalidity or unenforceability ofany particular provision ofthis Agreement shall not affeot thc other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. P. Entire Agreement; Modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement, and supersedes all prior agreements, understandings, negotiations, representations, and discussions, whether verbal or wlitten, ofthe pa(ies pe(aining to that subject matter. PRoFESSIoNAL SERvlcEs AGREEIVGNT FoR PLUMBING PLAN REVIEW AND I-I.]SPITCUON SERVICES PAGE E oF l7 The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. Q. Nondiscrimination. Contractor agrees that it shall not discriminate against atry person in the performance ofthis Agreement, on the grounds ofrace, gender, religion, national origin, sexual orientation, marital status, disability, or age. R. Survival. All provisions of this Agreement which contain confinuing obligations shall survive its expiration or termination. S. Attorney Fees, In the event an action, suit, or proceeding, including appeal therefrorn, is brought for failure to obserue any of the tems of this Agreement, the non-prevailfug party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, ploceeding or appeal. T. Governing Law; Venue. This Agreement shall be governed and construed in accordance with the laws of the State ofldaho without resort to any jurisdiction's conllict of laws, rules or doctrines. Any claim, action, suit or ploceeding between the City and Contractor that arises fiom or relates to this Agreement shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State ofldaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States Distdct Court for Idaho. U. Exhibits, All exhibits to this Agrcement are incorporated by reference and made a pat of this Agreement as if the exhibits were set forth in their entirety in this Agreement. V. City Council Approval Required, This Agreement shall not become effective or binding until approved by the Meridian City Council. IN WTTNESS WIIEREOF, the parties cause this agreement to be executed as of the day and year first above. DMH ENTERPRISES: Dennis Holte, Owner CITY OF MERIDIAN Tammy , Mayor PRoFESSIoNAL SERVICIJS AGREEMENT r,oR PLUMBNG PLAN REVTEW AND lNspEcrloN SERvlcEs ttD ,1 SE,AL City of ID lman, City Cler'k PAGE 9 oF 17 Attest: EXHIBITA SCOPE OT'SDRVICES Overview: Contractor shall perform comprehensive plan reviews prior to pemit issuance and detailed plumbing inspections for any and all commercial building projecls in the City of Meridian. These plan reviews and inspections ate to ensure compliancc with all curent codified or ordained codes of the City. Contractor shall provide notices to the permit holder and the City of any violation; and ordel cot.rection of aay such violation. A. Plan Review. Contractor shall be responsible for performing comprehensive plan reviews, prior to pemit issuance for ary and all commercial building projects in the City of Meridian. Plan review shall be performed before permits ate issued. Contractor shall ensure that tte approved plans ale on-site prior to perforrling plumbing inspections. B. tr'ield Inspections. Contractor sha-ll perform field inspections to verifu and incorporate the requirements of plan review Each and every field inspection requested between l2:00 a.m. and 8:00 a.m. on a City business day shall be performed that day. Each and every field inspection requested between 8:00 a.m. and 11:59 p.m. on a City business day shall be performed the next business day. Each and every field inspection requested on a non-business day shall be performed the next busiless day. C. Certification of Project Value. Contractol sha1l review submitted Certi{icates of Valuation for all projects to ensure accurate valuation. Ifproject scope change occurs, Contractor shall notiff tle City-Contractor Liaison so that proper adjustments in submittals and valuafions are achieved. D. Computerized Permit Tracking Programs. Contractor shall utilize the Tablet PC and Accela Software provided by City to input data regarding the status oftasks related to services provided hereundsr into 1he tracking database, including, but not limited to, plan review, plan review comments, field inspections and re-inspections, inspection notes, pass/fail status, and final inspection status. Contractol shall also conduct research as needed for atchived information. Contractor shall specify regular or double inspection fees as required. Data entry for every plumbing inspection shall immediately be enteled following the completion of the inspection. E. Administrative Tasks. Dudng Contractor's o{flce hours at Meridian City Halt, Contractor or his designee shali be available to take phone calls, respond to voice mail and e-mail messages, answel questions, and attend meetings upon request of, as needed, or as scheduled by City. Contractor shall respond to voice mail and e-mail messages within one (1) business day. F. Code Amendments and Technological Advancement' Conhactol shall monitor PRoFESSIoNAL SERVICES AoREEMENT rOR PLIMBING PI-A.N REVIEW AND INSPECflON SERVIC!,S PAGE l0 oF l? I. SERvrcEs PRovrpEp By CoNTRAcroR. legislation and technical developments that may affect the building industry. This rnay include, but shall not be Iimited to, attending meetings, conferences, wor.kshops, and training sessions to become and remain culrent on priociples, practices, and new developments. Contractor shall be responsible for all associated costs. G. Code Compliance. Contuactor shal.l assist City in enforcing appropriate oldinancos, hcluding ordinances related to land use, building sites, and building uses. Contractor shall report to the City of Meridian City-Contactor Liaison any observed violations of City Code of which Contractor has knowledge, as well as the current International Codes adopted by City. Contraclor shall collaborate with City personnel on the investigation and enforcement of civil antVor criminal penalties for unconected violations. H. Proccss and Performancc Standards. Contlactor shall provide services in accordance with the following process and performalce standards: l. PLUMBTNG PLAN R-El.IIw a. Commercial Projects (1) Contlactor shall complete plan r€view no more than ten (10) business days after receipt ofcomplete application for all commercial applications. (2) Contractor sliall provide plumbing plan review comments, redlines, re- submittal rcquests and other correspondence via email to design professional ofrecord and to City, and shall archive same in the manner and in the location specified by City. (3) City statr shall install the initial electronic plan files into the city database for all projects requiring plumbing plan review. Contractor shall be responsible to insta1i all resubmitted plan files and documents in the same city database. Contlactor shal1 also be responsible to incorporate resubmitted hard copies into plan set(s) issued fol' construction. (4) Contractor shall perform plan review for compliance of the plumbing systems and equipment on all commercial projects including medical gas systems and stoun drain systems. b. Tenant Improvement Projects (1) Contractor shall perform plan leview for tenant improvement plojects. (2) Contractor sha11 complete plan review no more than seven (7) business days after receipt of complete application, except when determi:red by the City, Contractor shall complete "Fast Track Tenant Improvement'' projects no mor€ than three (3) business days after receipt of complete application' City will PRoI,IjSSIONAI SIJRVICDS AGREEMENT FoR PLUMBD.IG PriN fuivll;w AND INSPECTIoN SERVICES PAGElloFlT notify Contractor of "Fast Track Tenant Implovement" projccts through notification in the City's computerized permit tracking proglam. (3) Contractor shall provide plan review comments, redlines, re-submittal requests and other cor:respondence via email to all design professionals of record and to City, and shall archive same in the manner and in t1rc location specified by City. (4) City staffshall install the initial elechonic plan files into the city database for all projects requiring building plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the sarne city database. Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for conskuction. 2. PLUMBTNGINSPECTTONS a. Commercial and Residential Projects, including all plumbing systems, medical gas systems and stomr drainage systems upstream of the seepage beds. (1) Contractor shall perform all plumbing and inspections for cornmercial and residential projects, from initial inspection through final inspection. City shall provide all pass/fail inspection tags, ald notices for Contractor use. (2) Inspection requests received prior to 8:00 a-m. on a business day shall be performed the same business day. Ifthe request is received on a non-business day, the inspection shall be performed the next business day. (4) Cotrtractor shall input all plumbing inspection information into the tablet PCs using the City's Accela soflware immediately following the inspection. This shall include, but not be limited to specific information relaled to inspection, conection notices, and re-inspection. PROFESSIoNAI SERVICTS AGITEEN-ONT FOR PLUMBJI'IG PLAN R]JVIEW AND INSPECTION SERVTCES PAGE 12 oF l7 (3) Contractor shall sign offfor final plumbiog impection for Certifioate of Occupancy, Temporary Certificates of Occupancy, and Letters of Substantial Completion following satisfaction ofall inspections and r€view ofany third party special inspection reports. As appropriate, Conlractor shall provide notices ofviolalions ofapplicable standalds to permit holders. (5) Contlactor shall perform as many inspections as flecessary on any perrrit. Conhactor may assess re-inspection fees, pel the adopted fee sohedule, if items ftom a previous correction notice are not conected when a new inspection is lequested. A, Professionalism. When performing serices under this Agreement, Contractor shall be Eofessional in demeanor and in conduct, and to that end shall at all times: 2. Provide a City-issued business card during freld inspections, as appropriate 3. Dress professionaliy. Mrile performing services for the City of Meddian, the Contractor, its subcontractors, if any, and all employers working under this conlract shall not advertise on clothing or vehicles (logos, graphics, etc.) any business other than DMH Enterprises. 4. Wear appropriate clothing and safety gear to protect from personal injury. B, CARE Principles. City expects all contract persomel, including Contractor', to in good faith and to the extent leasonably required perfonn sewices in accoldance with the City's four organizational values and corresponding behaviors, identified by ttre City as significant and vital to the zuccess of the City as a whole: Customer Service, AccountabiLity, Respect, and Excellence. I . Customer Service: Contractor is asked to respond to customel's in a genuine, positive, and timely maxneq presenting a polite and approachable persona; maintaining composure under difficult circumstances; sharing infomation regarding the customer's concelns; and following up with customers. 2. Accountability: Contractol acknowledges that each ofus is responsible for our own work, choices, and actions. Contractor personnel are asked to be responsible for their actions; actively participate as a team member; make legal and ethical decisions; and provide accurate and current information regalding expectations, priodties, a:rd accomplishments . 4. Excellence: Contractor personnel are asked to be professional, flexible, and adaptable to community needsl to increase effrciency as weii as effectiveness by looking fot ways to improve processes; and to provide feedback regarding processes or proposed changes. PROFESSIONAI- SIJRVICES AGNFEMEM FoR PLUMSI.{G PLAN RnVIEw AND INSPEST]ON SERVICtrS PAGE 13 oF 17 II. Snnyrcn Levnl DxpucrnrroNs. 1. Display a City-issued contractor photo identification badge. 3. Respect: Conhactor persomel are asked to be Uustwofihy and courteous; acknowledge and accept people with diverse opinions and backgrounds; heat ail customers and co-workers fairly, equally, and as you would want to be treated; and avoiding gossip or passing information of a confidential or private nalue. EXIIIBIT ts TABLET PCs AND RELATED EQUIPMENT ISSUED TO CONTRACTOR 100555 Motion Computing Tablet Motion Computing Tablet100s68 100s74 100s82 HP l\4ohile l\.inter 09551 200W Power Inverter 200W Power Inverter09552 N/A Misc. Charging adapters ald tablet cases for each unit PRoPEssrcNAI- SERVICES ACnEEMEM FOR PLIMBTNG PLAN REVIEW AND INSPECTION SERVICES PAaE 14 oF 17 .Ascei {D tr aerNilniber: : :;.:,- .+,:,. _ :. HP Mobile Printer- Ex BnC PAYMENTSCMDULE PLUMBING INSPDCTION . PAYMENT SCHEDULI, Type o f Permit Milestone Amount to be paid Plumbing Commercial - New Plumbing Residential - New Permit issuance 100% offees due Contlactor AI1 other permit typcs Permit issuar.rce 100% of fees due Contractor PRorEssIoNAL SERvlcEs AGRIEMENT I,oR PLUMINoPLAN REVIEw AND INSPECTION SERvlcEs PAGE l5 or 17 ExlrBrT D FDE SCIIEDULE Plumbing Fee Schedule 01, Each single family dwelling, or living unit in an apartment, condominirun, tomhouse or otheL multiple unit shall require a pemrit. The base permit fee is $30.00 plus an additional $8.00 for each fixture in the system. (excludes garbage disposals and dishwashers in new construction). A teplacement fixtute in a residence requires a base permit of$30.00 plus $8.00 for each frxture that is replaced. 02. Sewer and water seruice line installations or replacements - $38.00 each or 950.00 for a combination ofboth if only one inspection is required and the same individual does the work, 03. Mobile Homes - each comrection or reconnection to existing sewer and water stub outs shall be $40.00. 04. Lawn Sprinklers - permit fee of$30.00 plus an additional $8.00 for each backflow device. 05. Water Conditioners - permit fee of$30.00 plus an additional $8.00 for each unit. Commercial 06. Includes commercial, industrial, schools, hospitals, churches, hotels, motels, and all other installations not specifically listed. The base permit fee is $30.00 plus an additional fee calculated from the table below. 07. Sewer and water service lines installed by someone other than the plumbing contractor of the building. Permit fee of$30.00 plus an additional fee calculated ftom the table below based on total value. 08. Commercial Coaches - Ma.nufactuled buildings: all cotnmercial coaches and manufactured buildings constructed in Idaho, or constructed for use in ldaho, must purchase permits as per the residential fee schedule. 09. Lawn Spririklels permit fee of$30.00 plus an additional fee calculated from the table below based on total contract value. PAGE I6 oF 17 PROFESSIONAL SERVICES AGRIIITMI]N]' FOR PLUMBINC PI,AN R.EVEW AND INSPEC'I'ION SERVICES 10. Commercial, Indushial, and other permit fees not listed; Project Valuation Table: For projects $20,000 or less = 3% (.03) ofjob value plus $30.00 base permit lee For projects $20,000 thlough $ 100,000 :2% (.02) ofjob value over $20,000 plus $630.00 For projects $100,000 through $200,000: l% (.01) ofjob value over $100,000 plus $2,230,00 For projects $200,000 or more = Yz% (.005) ofjob value over $200,000 plus $3,230.00 11. Re-Inspection Fee's - $45.00 for frst re-inspection $90.00 for double re-inspection fee 12. Late Fee's - double permit fee 13. Work constructed without a permit - Double permit fees will be the minimum charge assessed. PRoFE$IIoNAL SERvlcEs AGREEMEiII FOR PLIJMBINC PI"AN REVIEW AND INSPECTION SERVICES PAGE l7 oI 17 Meridian City Council Meeting DATE: October 24, 2017 ITEM NUMBER: 6G PROJECT NUMBER: ITEM TITLE: Approval of PO # 18-0061 for Electrical Plan Review and Inspection Services FY 18 to Idaho State Division of Building Safety for the Not -to -Exceed amount of $159,249.96. This Purchase Order is issued in conjunction with the Professional Services Agreement with the Idaho State of Building Safety dated Sept. 1, 2015. MEETING NOTES C�i gPPBOVEO 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 The Purchasing Department, on behalf of the Building Department, respectfully requests that the following item be placed on the Oclober 24s City Council Consent Agenda for Council's consideration. Approval of PO #18-0061 for Electrical Plan Review and lnspection Services FY18 to To: C, Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager GG: Bruce Freckleton Dale: 10116117 Re: October 24 City Council Meeting Agenda ltem ldaho State Division of Buildinq Safety for the Not-To-Exceed amount of $159.249.96. This Purchase Order is issued in conjunction with the Professional Services Agreement with ldaho State Division of Building Safety dated Sept. 1, 2015. Recommended Council Action: Approval of PO#18{061 and authorize the Purchasing Manager to sign for the Not-To-Exceed amount of $159,249.96. a Page 1 Gity of Meridian Purchasing Dept. Thank you for your consideration. E IDIAN CITY OF MERIDIAN 33 EAST BROADWAY AVE. MERIDIAI\I, ID 83642 (208) 888-4433 Vendor Address: IDAHO DIVISION OF BLDG SAFETY 1O9O EAST WATERTOWER ST, STE 150 MERIDIAN, ID 83642 PUrChaSe Ordef 10t16t2017 Attention: BruceFreckelton Billing Address: Attn: Finance 33 E Broadway Ave Meridian, lD 83642 33 E Broadway Ave Suite 102 Meridian, lD 83642 1B-0061 Description Total Electrical Plan Review and lnspection Services FY'18 1.00 '159,249.96 Purchase Order Total $159,249.96 Purchasing Manager: Special lnstructions Contract PO - Electrical Plan Review and lnspeclion Services. CouncilApproved 911l15for 3 years. Not-to-Exceed $159,249.96. 01-1940-55203. Case # 57983 Shipping Method: Contractor FOB: destination Unit Quantity Unit Price Shipping Address: dotlars 159249.96 Division Code L940 1940 1940 1940 1940 1940 1940 7940 1940 1940 1940 1940 1940 1940 1940 1940 1940 1940 1940 1940 1940 1940 1940 1940 1940 Division Name Building Department Building Department Bullding Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Buildlng Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Bu ilding Department Building Department Building Department Building Department Account Description 4L2OO Wages 4L2L0 Overtime Wages 42021 FICA 17 .6so/o) 42022 PERSI 42023 Workers'Comp 42025 Employee lnsura nce Total Personnel 53360 Software Maintenance 541,20 Electronics Expense (under $5000) 55201 Bu ilding lnspections 55202 Mechanical lnspections 55203 Electrical lnspections 55204 Plumbing lnspections 55205 Fire Inspectlons 55103 Pagers/Rad ios/Com mu nications 55200 Cellphone Expense 57200 Employee Semina rs/Training 57202 Travel - Transportation 57203 Travel - Lodging 57204 Travel - Per Diem 60101 Dues, Licenses, Publications Total operating Costs 49000 Person nel transfer lnterfund Total Transfers Total Building Department S 1,746,s98 S (1,714,38s) S 1,s70,893 S Z,Oog,soss (s7,2s4) s s7,2s4 s (ss,4s1) s (se,4s1) S (s7,zs4) 5 st,zsq S (se,4s1) S (ss,4s1) 5 2,L45,922 S (1,6s7,131) 5 t,gn,qqz 5 2,424,062 FY 2017 Final Budget 310,860 332 23,602 34,924 1,260 85,200 FY 2017 One- Time i***"-*:S. S ss- S FY 2018 Adjustments FY 2018 Final Budget S S s s s s S s 5 s 5 S s S s 5 324,53t 332 24,852 38,789 L,329 90,774s 4s6,178 s s S 48o,oo7 s 5 s s S s 5 $ S s s 5 5 S s S S s S 5 5 S S S 5 s s s 12,543 s s00 s 650,475 s 292,500 s 162,500 s 195,000 s 413,910 s 7,580 s 1,800 s 3,750 s 1,500 s 1,400 s 760 s 2,580 s (6s0,47s) (292,s00) (152,s00) (19s,000) (413,910) 3,273 9L5,637 285,650 159,250 191,100 475,643 (2,2801. S rs,zssS soo S 91s,537 S 286,6s05 rsg,zso s 191,100 s 415,643S s,+ooS r,soo S q,roo S 2,ooo s 1,800 S r,rgo s 2,680 350 500 400 430 1of 1 F\BUDGET\FY2o18\CD - Building Departmenl_1940\FY2018 Budget_8ldg Dept_1940 Account Code 10/16/201710:25 AM C,I{E SUGGESTED VENDOR IDIAN CITY OF IVERIDIAN Purchasing Department 33 E BROADWAY AVE, STE 106 MERIDIAN, ID 83642 TEL: (20E) 489-0417 FPi(: (208) 887-48'13 EEE CIry OF MERIDIAN Community Development 912612017 IS BUDGET AM REQUI N/A CASE MANAGEMENT TICKET NO. 57983 ldaho Division of Building Safety '1090 East Watertower Street, Suite 1 50 l\4eridian, lD 83642 DATE OF REQUEST $159,249.96 AVAILABL DGET AMO Purchase Requisition PURCHASE ORDER NUMBER IVIUST APPEAR ON ALL INVOICES, PACKING SLIPS. CARTONS ANO CORRESPONDENCE RELATED TO THIS ORDER PROJECT MANAGER Bruce Freckleton PAYMENT TERMS NET 30 FREIGHT TERMS PREPAID F O,B DESTINATION REQUESTOR Kim Tafrarini PROJECT NAME: Request new PO for Electrical Inspection Services Request for new PO for Electrical Inspection & Plan Review 1 $1 1940 $ 159,249.96 Services $ $ s $ 5 $ $ $ $ $159 249.96 Previous PO#s 17-0098 & 16-0088 AU-aHORrZEOcoUNc L S cNnTURE lf recu..d) NOTES: Council Approval Date IIIIII ACCOUNTING CODES FUND II nd PricinQuantity a DEPT CODE EXPENSE OR PROJECT/ GL ACCOUNT# COMMITMENT #Qry UNIT UNIT PRICEPART NUMBER / DESCRIPTION ' COMMITMENT NAME 'TASK ORDER ' CONTRACT ' PROJECT DESCRIPTION TOTAL AMOUNT 55203 rl r I I r--_r_-t m m t)ir,l ;,ti: PROFESSIONAL SERVICES AGREEMENT BETWEEN IDAIIO DIVISION O]1 BUILDING SAI,.ETY AND CITY OF MERIDIAN FOR DLtr,CTRICAL PLAN REVIEW AND INSPECTION SERVICES This PROFESSIONAI SERVICES AGREEMENT BETWEEN IDAHO DIVISION OF BUILDING SAFETY AND CITY OF MERIDIAN FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES ("Agreement") is made and entered into this I day of & Vternlerz, 2015, by and between Idaho Division of Building Safety ("Contractor") whose address is 1090 East Watertower Street, Suite i50, Meridian, idaho and the City of Meridian ("City") whose address is 33 East Broadway Avenue, Meridian, Idaho. Contractor and City may hereafter collectively be refered to as "Parties." WHEREAS the Division is self-governing agency of the State of Idaho having statutory authority under Idaho Code sections 54-1001C and 67-2601A to enter into conh'acts with a municipality for the purpose of performing mechanical inspector and mechanical plan review services; and WHtrREAS, the City Council of City Ii:rds that it is in the best interest of the health, safety, and welfare of the people of the City of Meridian to enter into this Agreement with Contractor; and WHEREAS the Division though its statutory authority and pu$uant to tlre tenns of this Agreement has also determined that it is in the best interest ofthe Division to enter inlo such an Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, Contmctor and the City hereby agree and contract as follows: A. Scope of Servicqs. Contractor sha1l perform the necessary services and adhere in all respects to the selice level expectations set forth it Exhibit A, Scope ofServices, attached hereto and incorporated hetein by reference. B. Continuity of Operations, Wherc, as to any task performed or service provided hereunder, Contmctor is unable for any reason to meet the obligations and time constlaints set fo tthit Exhibit A, Scope of Services, Contnctor shall engage a duly authorized desigpee, who shall be: (1) authorized by Cotrtactor to complete tasks and to make decisions on Contractor's behalf, (2) in good standing with all relevant licensing authorities, and (3) hoid at least the minimum certifications required by section I. (D) PRoFEssroNAL SERVICES AGREEM-EMI FOR ELESTRICAL PLAN RIVIEW AND INSPIJCfION SERVICES PAGE 1 oF 17 WHEREAS, the City is a municipal corporation created urder ttre laws of the State of Idaho and as sucl1 is authorized by Idaho Code sections 39-4116Q) and 39-4i 16(4) to adopt building codes and local amendments thereto, and by Idaho Code section 50-301 to enter into contuacts lor the purpose of implementing such codes; and I. RESPoNSIBTLITIES oF CoN'rRAc1'oR. herein. Conkactor shall notifu the City-Contractor Liaison of arry and all such designations, C. Contractor's Employees. Contmctor's employees, designees, subcontractors, and delegee shall be bound by all ofthe tenns and cooditions of this Agreement, including the service level expectations set forth in Erlrib it A, Scope ofServices, and a1l qualifications required of Contractor hereunder, except as otherwise specified in this Agreement, and except as to cledcal or administrative tasks not rcquiring such qualifications. The "assigned" ot "designated" electrical plan reviewer(s) for the City of Meridian shall be certified as stated per section I.(D)(3) herein. All electrical inspectors "assigned" or designated" for the City ofMeridian shall be certified per section I. (D)(1)(2) herein. Within seven (7) business days of execution of this Agieement, and thenceforth within seven (7) business days of hirilg or reassigning personnel to provide services hereunder, Contractor shall provide to City a list ofall Contactor personnel who are employed or otherwise assigned by Conhactor to provide services under this agreement, including such personnel's credentials and qualifications. Upon hiring or reassigning personnel to perform sewices under this contract, such personnel may hold minimum certification as required by Idaho Code Title 54, Chapter 10, and 54-1019; within thirty (30) days of hiring or reassigning such personnel, such persorinel shall be fully qualified and certified as required herein. City may witlhold its consent to such employment, designalion, subcontlact, or delegation or other transfer ofContractor's rights and rcsponsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed tmhsaction would not serve tle best intersst of the City of Meridiatr. D. Qualifications. At all times throughout the te-rn of this Agreement, Contractor shall be sufficiently qualified to plovide services in the manner and in the timeframe established by this provision and all provisions of this Agreement. Specifically, without limitation, Contactor shall be in good standing with a1l relevant licensing authorities and shall, at a minimum, hold the following International Association of Electrical Inspectors (IAEI) certifications: 1 . IAEI Certified Eiectrical Inspector - General (2B); 2. IAEI Certified Electrical krspector Master (CEI-M) or obtain within 1 year of execution of this agt'eement; 3. IAEI (NCPCCI) Plan Review Certified (2C) or obtain within 6 months of execution ofthis agreement; 4. Any and all o{her cerlifications required by law PRoFEssIoNAL SERVICES AGREEMTNT IoR ELECTRICAI PLAN RNVIEW AND I]NSPECTION SERVTCES E. Oflice Hours. contractor shall establish regular office hours during which contractor, or contractor,s duly authorized desigaee, shall commit to being available at Meridian city Hatl during City business hours to perform administrative tasks rcquled tndet Exhibit A, Scope of Servica. PAGE 2 oI. I7 F. Ccll Phonc. Contactor and Coottactof's employees shall maintain, at Contractor's expense, a cellular telephone with voice mai1, and shall provide the telephone nnmbers thereof to the City-Contractor Liaison. G. Prohibited Serwices; Conflicts oflnterest. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property or work that is inspected by Contractor or that falls undet the inspection responsibilities ofcontractor as contemplated by this Ageement. Contractor is strictly prohibited from refening any work to Corrtr?ctor, or any compa:ry with which Contractor is associated, whether personally or professionally. Contractor's use ofany City resoruce shall be limited exclusively to the wolk related to this Agresment. Contractor shall report to the City-Contractor Liaison any potential conflicts of intercst it may have relative to a construction proj ect. lI. Public Records, Contractor acknowledges that a1l records containing information relating to the conduct or administration of this Agreement and services provided heremder prepared, owned, used or relained by Contractor arc public records, and as such are subject to City's lecords retention schedule and/or the Idaho public records act. Contractor shall, upon request and within two (2) working days of such rcquest, provide requested information or records to the Crty Clerk's Office. Conflactor shall, upon request, prepale and provide to City a1l data collected and/or reports prepared rega:ding services conducted under this Agrcement. I. State's Insurance. The Division ofBuilding Safety (Contractor) is a State of Idaho agency and provides liability coyerage for public iiability, personal injury, death, and property damage through the Risk Managernent Program established under Idaho Code x,ction 6?-5776, which is funded and in effect subject to limitation on liability of the Tort Claims Act, Idaho Code sections 6-901 et seq. J. Compliance with Applicable Law and City Policies. Contractor shall comply with a1l federal, state, Citn and other laws and ordinances applicable to sewices perfomed under this Agteement. When performing services under this Agreement, Contractor shall adhere to a.Il City policies pertaining to workplace conduct, including but not limited to policies related to use of City equipmen( drug and alcohol policy, computer and electronic equipment usage, and safety. City shall provide notice to Contractor of any amendments or modificalion of City oldinances adopting or amending relevant codes or policies. K. Electronic Equipment. city shall supply, for contractor's use in completing tasks and providing services under this Agreement, electronic equipment enumerated it Exhibit B' Tablet P:Cs and Related Equipmenl Issued lo Conltactor hereto' Any electronic squipment fixnished by city for use by contlactor shall be utilized for thc sole purpose 6f son6ugting services'enumerated undet this Agrcement. The use of personal electronic equipment, Jther than celluiar telephones is prohibited while in the office. No personal electronic files of any kind may be stored on City-issued equipment. Contractor shail take all necessary measures to maintain all haldware and software in good wor*ing PR TESSIONAI SERVICES AGREEMENT FoR Er-EcrRlcAr PIAN REvrEw AND INsPEcrloN SERvlcEs PAGE 3 OF I7 condition. City shall perform ali necessary maintenance and repair of City-issued equipment. Contractor shall reimburse City for the cost of any major repair or replacement ofCity-issued equipment that becomes necessary due to loss, theft, or damage, regardless ofcause, except that City s.hall be responsible for tie cost of replacement whelrc necessary due to internal component failure. A.1l City-issued equipment is and shall remai:r the property of City at all times during the performance of this Ag'eement, and shall be immediately retumed to City in good working condition upon tefinination or expiration of this Agreement. A. Inciilental Office Supplies. City shall provide, for Contxactor's use in performing services under this Agreemen! office space at Melidian City [Ia11, desk, computers and other electronic equipment, telephone system, inspection tags, permit notices, business cards, and incidental clerical staff services. City shall maintain ownership ofall City equipment provided by the City and made available to the Contractol for this purpose. One soft-bound copy of all adopted codes will be available for shared use at Meridian City Hall. To the extent that Contractor needs or desires adtlitional supplies or services that are not provided by City under this Agreement, such supplies or services shall be provided at the sole cost and expense of the Contractor. B . City-Contra ctor Liaison. City shall designate a City employee to act as a City- Contractor Liaison, which City employee shall act as the City's representative with regard to day-to-day administrative matters related to Contractor's services under this Agreement. City shall provide to Contractor the name, e-mail address, and telephone number of the City-Contlactor Liaison. IIL GENDRAT PRovrsloNs. B. Appropriation. By signing this Agreement both parties understand and agree that Division and City are govemmental entities. This Agreement shall in no way or manner be construed so as to bind or obligate Division, City, or the State ofldaho beyond the term ofany particular appropriation offunds by the Idaho Legislature or Meridian City Council as may exist fiom time to time. Each party reserves the right to terminat€ the agreement if, in its sole judgment, the legislatue of the State of Idaho or the Meridian City Council, as the case may be, fails, neglects, or refuses to appropriate sufficient funds as may be lequired for the Division or City to continue their required performance under the agreement. Aly such termination shall take effect on sixty (60) days prior notice and be otherwise effective as provided in this Agreement. PRoFEssroNAL SERvtcEs AGREEMEM FoR ELEqIRICAL PLAN REvTEw AND INSPEqTION SERVICES PAGE 4 OI 17 II. REsPoNsrBrLrrrEs oF CITY. A. Term. This Agreement shall become effective on October 1, 2015, and shall expire on September 30,2018, unless sooner terminated as provided below. Time is olthe essence in Contmctor's performance of each and every obligation under this Agreement. This Agreement term may be extended by sqrarate written addendum, duly executed by both parties. C. Revenuc Allocation. Contractor shall be entitled to sixty-five percent (65%) ofall commercial and residential electrical permit fees collected by the City collected by City directly relative to the specific fee schedule adopted by the City ofMeridian on the effectiye date of this contract, attached hereto as Exhibit D, Fee Schedule. If changes or new permit fee schedules are adopted by the City of Meridian, the contractor payments will not be adjusted and will be payable per the fee schedules in effect on the date of the commencement of this conhact. D. Hourly Rate, For duties and functions expressly enumerated hereunder as billed hourly, atrd only upon prior written approval ofor wdtten request for such services, Contractor may charge City an hourly rate of no more than $50.00 pol hour. City shall not be obligated to pay Contractor an hourly rate for any service provided without City's prior written approval or request. E. Payment Fees pertaining to services provided under this Agreement shall be collected by City. City shall remit Contractor's share ofpermit revenues collected by tlie City in accordarce with E;r hibit C, Payment Schedule, no later than the tenth (1Oth) day ofthe month following attainment of the specified Milestone. City shall maintain an accounting of all permit fees and shall provide to Contractor a full accounting therefore upon request. It is acknowledged by the parties that the City collects permit fees when permits are issued. Contlactor shall be entitled to Contactor's allocated share of permit revenues for all perrnits issued during the tenn of this Agrcement. F. Liquidated Demages. Contractor shall be liable to the City for any delay beyond the time periods specified in this agreement, in the amount of two hundred fifty dollars ($250.00) for each business day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay aad not be construed as a penalty, G. Records. All records, including those of costs, reimbursable expenses, and payments shall be kept to generally recognized accounting methods and standards and shall be availabie to the other Patty at all times. H. Inilepcndcnt Contractor. In all matters pertaining to this Agreement, Contractor shall be acting as an independent contractor, and neither Contractor nor any officer, employee or agont of Contractor shall be deemed an employee of City in any manner or for any puq)ose. Specifically, without limitation, Contractor understands, acknowledges, and agrees: 1. Cofiractor is free fi'om actual and potential contlol by City in the ptovision of services under this Agreement. 2. Contractor is engaged in an independently established trade, occupation, profession, or business. 3. Conhactor has the authority to hire subordinates. 4. Contractor owns and./or will provide all major items of equipment necessaly to perform services under this Agreement. PAGS 5 or 17 PRoFESSIoNAL SERVICES AGREEMENT FOR ELDCTRICAI PL-AN R-EVIEW AND INSPSCTION SERVICES 5. Neither Contractor nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. 6. Contractor shall be responsible for payment of aoy Federal or state taxes required as a result of this Agreement. 7. Contractor shall not be entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this Agreement to the Contlactor inc.lude: vacation, holiday, sick, or other leaves ofpay; medical or dental insurance; or, retirEment benefits. 8. Contmctor is an independent contractor for purposes of the Idaho Workers' Compensation laws, and shall comply with all applicable Workers' Compensation insurance requirements. 9. Substantially all necessary tools, equipment, supplies and a1l other administrative support expenses will te fumished by Contactor, with the exception of the incidental items to be fumished by City as set forth herein. 10. Contractor will not be eligible for any Federal Social Security, State Wolkman's Compensation or unemployment inswance payment from the City or charged to City's account. I. Notice. Commtnication between the City-Contractor Liaison and Contractor regarding day-to-day and administrative matters shall occur via e-mail or telephone. Al1 other notices required to be given by either ofthe parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed respectiveiy as follows: City of Meridian Idaho Division of Building Safety Attn: Development Services Manager Attn: Administrator 33 E. Broadway Avenue 1090 E. Watertower Street, Suite 150 Meridian, Idaho 83642 Meridian, Idaho 83642 Either palty may change its authorized representative and/or address for the purpose of this paragraph by giving written notice ofsuch change to thc other pafly in the manner herein provided. J. 'I'crmination. Mutual Consent This Agreement may be terminated at any time by mutuel written consent of hth Parties. 2. Best Interest of City or Contractor. City may terminate this Agreement by providing sixy (60) business days written notice to the other party il at any time, for any leason, City determines that termination of the Agreement is in the best interest of City. Conh'actor may torminate this Agreement by provlding sixty (60) business days written notice to the other party i{ at any time, for any reason, Contractor determines that termination of the Ag:eement is in the best interest of Contractor. In the event of termination, the non-terminating pafly shali be entitled to compensation for the services perforrned per the provisions outlined above up to the effective date of termination. PRoFEssIoNAt, SERVICES AGREEMENT FOR ELF,C|RICAL PI,\N REVTEW AND INSPEC' ON SERVrcES PAGE 6 OII 17 3. Transition Period Following Termination. Upon written request of City, following the sixty-day notice period described above, Contlactor shall provide services as described under this Agreement for al additional thirty (30) business days or for such period as the parties may vgtee. During the additional thirty-day term, all provisions of this Agreement sha'll apply, except that City shall compensate Con!'acto1 on an houdy basis as established herei:r. To receive payment, Contractol. shall submit to City a detailed invoice, including time l ecords conlaining date, service provided, and time expended, recorded in l5-minute increments. City shall provide payment to Contractol within thirty (30) business days ofreceipt ofinvoice. 4. Changed Conditions. City may terminate or modiry this Agreement, in whole or in pat, effective immediately upon delivery of written notice to Contractor, or at such later date as may be established by City under the following conditions: a. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement; b. [f any professional license, insurance, bond or certificate requined by law, regulation or this Agreement to be held by Conh'actor to provide the services required by this Agreement, is for any reason denied, revoked, suspended, or not renewed; c. If City has evidence that Contractor in the course of its duties herein has endangeted or is endangering the health and safefy of clients, residents, stafl or the public; d. Falsification ofrecords by Contractor; e. Failue of Contactor to comply with the provisions of this Agreement or any applicable Federal, state or local laws and rules. f. If Contractor or its agents engage in fiaud, dishonesty, or any other act of misconduct in the performance of this Agreement; g. Ifjustified, documented complaints are made against Contmctor or its agents for failurc to provide services as specified herein or failure to perform duties in a courteous and professional manner; h. If Conhactor fails to perform any ofthe plovisions of this Agreemen! or fails to perform work under this Agreement in accordance with its terms, and after receipt of written notice from City fails to corrcct such failures within fourteen (14) business days or other period as specified; or i. If the City Council determines that immediate termination of the Agreement is in the best interests ofthe City, including but not limited to a determination by the City Council that the obligations under this agreement would violate Article VIII, Section 3 of the Idaho Constitution as a result of the City's failure, neglect, or rrfusal to appropriate suffrcient funds as may be required for City to continue to perform its obligations rmder rhis agreement. K, Time of the Essence, Time is of the essence in Cont(actor's petfolmance of each and every obligation and duty undel this Agreement. PAGD 7 oF 17 PRoFESSIONAL SERVICES AOREEME}I FoR ELECTRICAL PI,AN REVIEW AND INSPEC1 ION SLRVICES L. Nonwaiver. A waiver of any right, remedy or provision provided in this Agteement or by law shall not constitute a waiver of any other rights, remedies or provisions, whether or not similar', nor shall any waiver in one instance constitute a waiver in any other instance or constilute a continuiag waiver. The rights and remedies provided herein are not exclusive and are in addition to any other lights and remedies provided by law or under this Agreement, City shall not be required to reinstate any provisions of this Agreement following a waiver for the provision to be effective in any other instance. M. Liability. City ard Division each shall be responsible only for the acts, omissions or negligence ofits own officets, employees or agents. Nothing in this Agreement shall extend the responsibility or liability ofeither City or Division beyond that required by the Idaho Tort Claims Act. Each party shall defend itself against any claims that atise solely fiom wrongful acts, omissions or negligence of its officers, employees, or agents in the course ofthe performance of this Agreement, but shall not assume responsibility for the acts, omissions or negligence ofthe other party or the other party's officials, employees, agents and volunteers. Each party shall promptly notify the other pafiy of any claim arising under this Agreement and shall cooperate fu1ly with the defending party or its representatives in the defense of such claims. O. Severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. P. Entire Agreementi Modification. This agreement supersedes, telminates, aad otherwise renders null and void ary and all prior agreements or contracts entered into between the Paflies with respect to the matters herein expressly set forth, specifically to include the version executed by the Parties on September 4,2012. This Agreement embodies the entire agreement and understandi-ng belween the parties pertaining to the subject matter of this Agreement, The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. Q. Nondiscrimination, Contractor agrees that it shall not discriminate against any person in the performance of this Agreement, on the grounds ofrace, gender, religion, national origir:, sexual orientation, mmital status, disability, or age. R. Survival. All provisions ofthis Agreement which contain continuing obligations shall survive its expiration or termination. PRoFESSIONAI SERVICES ACREEMTM. FOR ELECTRICAI PTAN T|EVIEW AXD INSPICTION SDRVICES PACE 8 OII 17 N. Assignment. The Contractol may not subcontract, assign, or transfer any dght or duty arising hereundei' without the prior wlitten consent of the City. Any subcontractor, hansferee, or assignee shall be bound by a.ll ofthe terms and conditions ofthis Agreement. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its leasonable discretion, determines that the proposed transaction would not serve the best hterest of the City of Meridian. The provisions of tiris Ageement shall bind and inure to the benefit of the parties and their respective succqssors and permitted assigns. S. Attorney I|ees. In the event an action, suit, or proceeding, including appeal therefi'om, is brought for failure to observe any of the tems of this Agleement, the non-prevailing party shall be responsible for the prevailing party's atlomey's fees, expeDses, costs, and disbursements for said actio& suit, proceeding or appeal. T. Governing Lawl Venue. This Agreement shall be govemed and construed in accordance with the laws ofthe State of Idaho without resofi to any jurisdiction's conflict of laws, rules or doctdnes. Any clain'r, action, suit or proceeding between the City and Contractor that arises from or relates to this Agreement shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. U. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. V. City Council Approval Required. This Agreement shall not become eflective or binding until approved by the Meridian City Council. IN WITNESS WHEREOF, the parties cause this agreement to be executed as of the day and year flrst above, IDAHO DIVISION OF BUILDING SAFETY: & C. Kelly Pearce, CITY OF I am Mayor Attest: lman,Clerk L (l PROFESSIONAL SERVICES AcRBEMENT FoR Er-ES|RICAL PI-AN REvtEw AND INSPECTIoN SERVICES SEAL I a Glyof DIAN PAGE 9 or l7 IERII) EXTIIBIT A SCOPE OF SERYICES Overview: Contractor shall perform comprehensive commercial and residential electrical plan reviews, and lighting (Com Check) energy plan reviews prior to permit issuance, and perforrn detailed electrical inspections for any and all building projects in the City of Meridian. These plan reviews and inspections are to ensure compliance with all cument codilied or ordained codes ofthe City. Contractor shall prcvide notices to the permit holder ald the City of any violation; and order cofiection of any such violation. A. Plan Review, Contractor shall be responsible for performing comprehensive commercial and residentiai electrical and lighting energy plan reviews for any and all building projects in the City of Meridian. ?lan review shall be performed before permits are issued. Contfactor shall ensure that the approved plans arc on-site prior to performing electrical inspections. B. Field Inspections. Contractor shall perform field inspections to verifr and incorporate the requirements of plan review. Each and every field inspection requested between 12:00 a.m. and 8:00 a.m. on a City busi:ress day shall be performed that day. Each and every field inspection requested between 8:00 a.m. and 11:59 p.m. on a City business day shall be per{ormed the next business day. Each and every field inspection requested on a non-business day shall be performed the next business day. C. Certification of Project Value. Contacto( sha1l review zubmitted Certificates of Valuation for all projects to ensule accurate valuation. Ifproject scope change occr:r's, Contractor shall noti{y the City-Contractor Liaison so that proper adjustments in submittals and valuations are achieved. D. Computerized Permit Tracking Programs. Contractor shall utilize the Tablet PC and Accela Software plovided by City to input data regarding the status oftasks related to services provided hereundet into the tracking database, including, but not limited to, plan review, pla:: review comments, field inspections and re-inspections, inspection notes, pass/fail status, and final inspection status. Contractol shall also conduct reseatch as needed for archived information. Conhactor shali specify regular or double inspection fees as required. Data enuy for every electrical i:rspection shall immediately be entered following the conrpletion ofthe inspection. E. Administrative Tasks. During Contractot's office hours at Meridian City Hall, Contractol or his designee shall be available to take phone calls, respond to voice mail and e-mail messages, answer questions, and attend meetings upon request of, as needed, or as scheduled by City. Contractor shall respond to voice mail and e-mail messages within one (l) business day. PRoI'ESSIoNAL SDRVTCIS AGR.EEM.ENT FoR ELECTRICAL PLAN REVI-LW AND INSPECTION SERVICES PACE l0 or l7 I. SERvrcEs PRoVIDED By CoNTRACToR. F. Code Amendments and Technological Advancement. Conhactor shall monitor legislation and technical developments that may affect the building industry. This may include, but shall no1 be limited to, attending meetings, co.nferences, workshops, and training sessions to become and lemain current on principles, practices, and trew developments. Contlactor shall be responsibie for all associated costs. G. Code Compliancc. Contractor shall assist City in enforcing appropdate ordinances, including ordinances rclated to land use, building sites, and building uses. Conhactor shall report to the City of MeridiaD City-Contractor Liaison any observed violations of City Code of which Contractor has klowledge, as well as the current Intemational Building Codes, and the National Electrical Code adopted by City. Contractor shall collaborate with City persorurel on the investigation and enforcernent of civil and/or criminal penalties for uncorected violations. H. Process and Performance Standards. Contractor shall provide services in accordance with the following process and performance standards: 1. DLECTlucAr, PLAN RxvrEw a. Cornmercial Projects (1) Contractor shall complete plan review no more than ten (10) business days after receipt of complete application for ali commercial applications. (2) Contractor shall provide electrical and energy plan review comments, rediines, re-submittal rcquests and other correspondence via email to design professional ofrecord and to City, and shall archive same in the manner and in the location specified by City. (3) City staff shall install the initial elecfl'onic plan files into the city database for all projects requiring elechical and energy plan review. Conhactor shall be responsible to install all resubmitted plan files and documents in the same city database. Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. (4) Contractor shall perform plan review for compliance with the most cunent version of"Com Check" for the electrical systems and equipment on all commercial proj ects. b. Tenant Improvement Projects (1) Contraotot shall perforn plan review for tenant improvement projects (2) Contractor shall complete plan review no more than seven (7) business.days after receipt of compiete application, except when determined by the City' Contractoi shall complete 'Tast Track Tenant Improvement" projects no more PRoFEssIoNAL SERVICES AGREEM,ENT FoR ELECIRICAL PIAN REVIEW AND INSPECTION SERVICES PAGE 1I OF 17 than three (3) business days after receipt of complete application. City will notify Contractor of"Fast Track Tenalt lmprovement" projects through notification in tle City's computerized perrnit hacking program. (3) Contractor shall provide plal revlew comments, redlines, re-submittal requests atrd other conespondence via email to all design professionals of record and to City, and shall alchive same in ths marmer and in the location specified by City. (4) Contractor sha.ll perform plan review for compliance with re most current vercion of"Com Check" for the electrical systems and equipment on a1l commercial projects. (5) City staff shall install the initial electronic plan files into the city database for all prnjects requiring building plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database. Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. a Commercial and Residenfial Projects (1) Contractor shall perform a1l electrical and energy inspections for commercial and residential from initial inspection through final inspection. City sha[[ provide all pass/fail inspection tags, and notices for Contractor use. (2) Inspection requests received prior to 8:00 a.m. on a business day shall be performed the same business day. If the request is received on a non-business day, the inspection shall be performed the next business day. (3) Contractor shall sign offfor final electrical inspection for Certificate of Occupancy, Temporary Certificates of Oocupancy, and Letters of Substantial Completion following sattsfaction of all inspections and review of any third party special inspection reports. As appropriate, Contractor shall provide notices ofviolatioos of appiicable standards to permit holders, (4) Contractor shall input alt electrical inspection information i:rto the tablet PCs using the City's Accela software immediately following the inspection. This shall include, but not be limited to specific irformation related to inspectior\ correction notices, and re-inspection, (5) Contractor shall perform as many inspections as necessaly on any permit' Contractor may assess re-irspection fees, per the adopted fee schedule, if PRoFESSIONAL SERVICES AGREEIVENT roR ELECTRTCAL PLAN REvIEw AND INsPDcrbN SERvIcBs PAGE 12 or 17 2. ELECTRTCAL INsPDcrIoNs items from a previous correction notice are not corrected when a new inspection is requested. A. Professionalism. When perfotming servic€s under this Agleement, Contactor shall be professional in demeanor and in conduct, and to that end shal1 at all times: 1 . Display a City-issued photo identification badge. 2. Provide a City-issued business card during field inspections, as appropdate. 3. Dress professionally. While performing services for the City of Meridian, the Contractor, its subcontractors, if any, and all employers wolking rurder this contract shall not advertise on clothing or vehicles (logos, graphics, etc.) any business other than Idaho Division of Building Safety. 4. Weal appropriate clothing and safety gear to protect ftom personal injury. B. CARE Principles. City expects all contlact personnel, itrcluding Conhactor, to in good faith and to the extent reasonably required perform services in accordance with the City's four organizational values and corresponding behaviors, identified by the City as significant and vital to the success ofthe City as a whole: Customer Service, Accountability, Respect, and Excellence. Customer Service: Contractor is asked to respond to customers in a genuine, positive, and timely manner; presenting a polite and approachable persona; maintaining composue under difficult circumstances; shariog infomation regarding the customer's concerns; and following up witlt customers. 2. Accountability: Contractor acknowledges that each ofus is responsible for our own work, choices, and actions. Contractor personnel are asked to be responsible for their actions; actively participate as a team member; make legal and ethical decisions; and provide accurate and cuffent infomation regarding expectations, priorities, and accomplishments. 3. Respect: Contractor personnel are asked to be trustworthy and courteous; acknowledge and accept people with diverse opiniom and backgrounds; treat all customers and co-workers fairly, equally, and as you would want to be trcated; and avoiding gossip or passing information of a confidential or private nature' 4. Excellence: Conh'actor personnel are asked to be professional, flexible, and adaptable to comrnunity needs; to increase efficienc, os well as effectiveness by looking for ways to improve processes; and to ptovide feedback regarding processes or proposed changes, PRoPEssIoNAL SERVICES AGREEMENT FoR ELECTRICAL PI,AN REVIEW AND INSPECIION SERVICES PAGE 13 or l7 lI. SERvrc[ LEVEL IlxpECt ATloNS. [,xHrBrr B TAI}LI'T PCs AND RILATED EQUIPMDNT TSSUED TO CONTRACTOR 100s56 Motion Computing Tablet 100s66 Motion Computing Tablet 100564 Motion Computing Tablet t00577 HP Mobile Printer 09560 200W Power lnverter 09557 200W Power Inverter 09575 200W Power Inverter N/A Misc. Charging adapters and tablet cases for each mit PRoFFJSION^L SBRVICBS AGREEMSNT FoR ELESTRICAI, PLAN REVIBW AND INSPF.TION SI]RVICES PACE 14 oF 17 Eqrriprnent ExHrBrr C PAYIVIENT SCHEDULE PRoFESSIONAL SERVICES ACREEMENT rOR ELECI.RICAL PLAN REVIEW AND INSPFCTION SIRVICES ELtrCTRICAI INSPECTION . PAYMENT SCHEDULE, Type of Permit Milestone Amount to be paid Electrical Commercial - New Electrical Residential - New Permit issuance 100% of fees due Contractor All other permit gpes Perrnit issuaace 100% of fees due Contractor PAGE 15 OF 17 ExHrBmD 01. Temporary power poles/construction services - Every temporary powet pole must be called in for inspection. Idaho Power will not set the meter until the temporary pole has passed city inspection. To be installed for construction purposes orly for a period not to exceed one (1) year. a. 200 amps or less, one location.....,................$40.00 b. All others to be calculated using section 07. 02. New Residential - excludes hot tubs, pools and the specialty items below. A new tesidential electrical permit includes the main service and gsneral lights, power and receptacles required to meet minimum code. a- Up to and including 200 amp service... . ,. .......$120.00 b. 201 amp service up to 400 amps. ... . .. . ... . .. . . ..$210.00 c. 401 amp service and above .................... .....Use section 07. Other Residential Structures (unattached) - See section 07. 03, Existing Residentiai - $40.00 permit fee plus $10.00 for each branch cirrcuit 04. Hot Tubs, Swimming Pools, and other spas - $40.00 permit fee plus an additional $40.00 for any gounding gdd where applicable. 05. Mobile Home Setvice Fee - $50.00 permit fee plus $10.00 for each branch circuit. 06. Rlectlical Space Heating and Air Conditioning - Fees in section 03 are applicable, 07. Commercial, Industrial, and other permit fees not listed - this section applies to all imtallations not specifically listed above. The total wiring cost shall be all labor and material to i:rstall the wiring system consistent with valuation data (market value for the geographic area). This section includes: lawn sprinklers, limited energy installs, elevators, escalators, etc. a. Wiring costs $0.00 not exceeding $2,000. .. . .. . . . $40.00 (plus 2.5% of total wiring cost) b. Wiring costs over $2,000 not exceeding $ 10,000.00. , . $ 100.00 (plus 1% of total wiring cost) c. Wiring cost over $10,000 = Xil80.00 (p1us % of 1% of that porlion of the wiring costs over $10,000) PRoFESSIoNAI. SERVTCES AGREEN{EN,T FoR ELEqIRICAL PLAN RE\TIEW AND INSPECI.ION SBRVICES PAGD I6 OF I7 FEE SCHEDULE Electrical Fee Schedule Multi-family Dwellings - Duplexes...... ............$210.00; Three (3) or more multi-family units....$120.00 per building plus $60.00 per unit. 08. Re-Inspection Fee's - $45.00 for first re-inspection 09. Late Fee's - Double permit fee i 0. Work constructed without a permit - MisdemEanor pet city code . Double permit fees applicable. PRoIGSSIONAL SERVICES AGREEMENT I;OR ELECI'RICAL PL.{N RIVIIjW AND INSPTCI'ON SERVTCES PAGE l7 0! 17 FIRST AMENDMENT to SEPTEMBER 1,20ls PROFESSIONAL SERVICES AGREEMENT BETWtrEN IDAHO DIVISION OF BUILDING SAFETY AND CITY OF MERIDIAN FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES This First Arnendment to Septernber 1, 2015 Professional Services Agreemont Between Idaho Division Of Building Safoty And City Of Moridian For Elech'ioal Plan Review Ard Inspection Services ("Filst Arnendment') is made this /5 day of November, 2016, by and between Idaho Division of Building Safety ("Contractor'"), whose address is 1090 East Watertower Street, Suite 150, Meridian, Idaho and the City of Meridian ("City'), whose address is 33 East Broadway Avonue, Meridian, Idaho. WHEREAS, on September 1,2015, City and Contractor entered into a Profossional Services Agreernent Between Idaho Division Of Building Safety And City Of Meridian For Electrical Plan Review And Inspection Services ("September 1,2015 Agreernent"); WIIEREAS, fee revenues paid by City to Confactor under the September I , 201 5 Agreement are not covering the full cost of electrical plan review and iaspection services provided by Contractor; and WEEREAS, City finds that it is in the public interest to increase the porcentage of the portion of fees collected for electrical plan review and inspectiou services paid to Contractor; NOW, TIIEREFORD, for good and valuable consideration, the receipt and sufiiciency of whicli is hereby acknowledged and agreed, and in consideration ofthe mutual promises and covenants herein contained, the Partios agtee as follows: L Effective date. The effective date of this First Amendment shall bo October 1,2016. il.Section III(C) modified. Section III(C) ofthe September 1,2015 Agreanent shall te amended to read as follows: C. Revenue Allocation. Contmctor shall be entitled to seventy percent (70Yo) of all commercial and residential electrical permit fees coliected by the City collected by City directly relative to the specific fee schedule adopted by the City of Meridian on the effective date of this contract, attached hereto as Exhibit D, Fee Schedule.If changes or new permit fee schedules are adopted by the City of Meridian, the contractor payments will not be adjusted and will be payable per the fee schedules in eflect on the date ofthe comrnen cement of this contract, IllSeptember 1, 2016 Agreement tr'ully in Effect' The intent and effect of this First Amendment is to increaso the payment amount for seryices provided by Contraotof as set forth in the September 1, 2015 Agreement. Except as expressly set forth herein, this First Amendrnent does not otherwise rnodify or altet any term or condition of the September l, 2015 Agrrement in any way. The September 1, 2015 Agreement remains in full ef[ect, and all terms and conditions thereof are incorporated into this First Amendment as though fully FruT AMENDMENTTo SEPTEMBER 1, 2015 PRoFESStoNAL SERvlcEs AGREEMENT BETWEEN DBS AND CITY FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES PAGE I oF 2 set forth herein. lN WITNESS WIIEREOF, the parties hereto have executed this Agreement on the -lfday of November, 201 6. IDAHO DIlIISION OF BUILDING SAFETY: €! C. I(elly Pearce,inistrator CITY OFMERID N BY: (n,W- B,)t4.h1Attest: c.day co(l, City ct"rt FIRST AMENDMEI.m To SEPTEMBER I,20I5 PROFESSIONAL SERVICES ACREEMENT BETWEEN DBS AND CNY FOR ELESTRICALPLAN I{EVIEW AND INSPECTION SERVICES PAoE 2 oF 2 lk /)(/uLCt' SIAL Meridian City Council Meeting DATE: October 24, 2017 ITEM TITLE: ITEM NUMBER: PROJECT NUMBER: Approval of PO # 18-0062 for Mechanical Inspection Services FY to Idaho State Division of Building Safety for the Not -to -Exceed amount of $286,650.00. This Purchase Order is issued in conjunction with the Professional Services Agreement with Idaho State Division of Building Safety dated Sept. 1, 2015 MEETING NOTES � APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION 6H DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo The Purchasing Department, on behalf of the Building Department, respectfully requests that the following item be placed on the October 24h City Council Consent Agenda for Council's consideration. Approval of PO #18-0062 for Mechanical lnspection Services FY18 to ldaho State To: C, Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager GG: Bruce Freckleton Daie, 10116117 Re: October 24 City Council Meeting Agenda ltem Division of Buildino Safety for the NolTo-Exceed amount of $286,650.00. This Purchase Order is issued in conjunction with the Professional Services Agreement with ldaho State Division of Building Safety dated Sept. 1, 2015. Recommended Council Action: Approval of PO# 18{062 and authorize the Purchasing Manager to sign for the Not-To-Exceed amount of $286,650.00. Thank you for your consideration. . Page 1 Gity of Meridian Purchasing Dept. E IDIAN Purchase Order 1011612017 Attention: BruceFreckelton 18-0062 CITY OF MERIDIAN 33 EAST BROADWAY AVE. MERIDIAN, ID 83642 (208) 888-4433 Vendor Address: IDAHO DIVISION OF BLDG SAFETY ,I O9O EAST WATERTOWER ST, STE 150 MERIDIAN, ID 83642 Billing Address: Shipping Address: Shipping Method: FOB: Attn: Finance 33 E Broadway Ave Meridian, lD 83642 33 E Broadway Ave Suite '102 Meridian, lD 83642 Contractor destination Description Unit Quantity Unit Price Mechanical lnspection Services FY'lB 1.00 Purchase Order Total Purchasing Manager: Special lnstructions Contract PO - Mechanical lnspection Services, Approved by Council 9/1/15 for 3 years. Nolto-Exceed $286,650.00 01-1940-55202 Case # 57984 Total 286,650.00 $286,650.00 dollars 286650.00 c{/Ly),- SUGGESTEO VENDOR CITY OF MERIDIAN Purchasing Department 33 E BROADWAY AVE, STE 106 MERIDIAN, ID 83642 TEL: (208) a89-0417 FAX: (20E) 887-4813 @ CITY OF MERIDIAN Community Development 9t26t2017 IS BUDGET AI\,lENDMENT REQUIRED? N/A CASE MANAGEMENT TICKET NO. 57984 ldaho Division of Building Safety 1090 East Wate(ower Street, Suite 150 Meridian, lD 83642 DATE OT REQUEST $286,6s0.00 ET AMOUNTAVAILABLE Purchase Requisition PURCHASE OROER NUMBER MUST APPEAR ON AIL INVOICES. PACKNG SUPS, CARTONS AND CORRESPONDENCE REIATEO TOTHIS ORDER PROJECT MANAGER PAYMENT TERI\iIS NET 30 FREIGHT TERI\,IS PREPAID F,O, B, DESTINATION REQUESTOR Kim TabariniBruce Freckleton PROJECT NAME: Request new PO for Mechanical lnspection Services 1 s 1 1 940 55202 $ 286,650.00Request for new PO for Mechanical lnspection Services 5 S $ $ $ $ $ $ $ $286 650.00 NOTES: Council Approval Date previous PO#17-0360 Descri on of Purchase Qu antity a nd Pricin QTY UNIT UNIT PRICE TOTAL AMOUNT III IIIIII a DEPT CODE EXPENSE OR PROJECT / GL ACCOUNT# COMMITMENT {FUNDPART NUMBER ' DESCRIPTION ' COMMITMENT NAME 'TASK ORDER ' CONTRACT ' PROJECT DESCRIPTION tl I mtt f- fgr .) rl1. Division Code 1940 1940 1940 1940 1940 1940 1940 1940 1940 1940 1940 L940 1940 1940 1940 1940 L940 1940 1940 1940 1940 1940 L940 1940 1940 Division Name Bu ild ing Department Building Department Building Department Building Department Bu ilding Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Buildlng Department Building Department Building Department Building Department Building Department Building Department Build ing Department Build ing Department Account Code Account Description 41200 Wages 41,7IO Overtime Wages 47O2t FICA (7 .6s%l 42022 PE RSt 42023 Workers'Comp 42025 Employee lnsurance Total Personnel 53360 Software Maintenance 54lZO Electronics Expense (under $5000) 55201 Building lnspections 55202 Mechanical lnspections 55203 Electrical lnspections 55204 Plumbing lnspections 55205 Fire lnspections 56103 Pagers/Radios/Com mu nications 56200 Cellphone Expense 57200 Employee Semina rs/Training 57202 Travel - Tra nsportation 57203 Travel - Lodging 57204 Travel - Per Diem 60101 Dues,Licenses, Publications Total operating costs 49000 Personneltransferlnterfund Total Transfers Total Building Department 5 L,746,998 S (1,714,38s) S 1,970,893 S z,oos,sos 5 (s7,2s4 (s9,4s1)s (s7,2s4) 5 st,zsq s (ss,4su s (s9,4s1) 5 2,145,922 S (1,6s7,13U 5 t,g:.:-,qqz 5 2,424,062 ) s s7,2s4 s (s9,4s1) s FY 2017 Final Eudget 310,860 332 23,602 34,924 1,260 85,200 FY 2017 One- Time FY 2018 Adjustments FY 2018 Flnal Budget 324,531 332 24,852 38,789 t,329 90,77 4 S S S s 5 S S 5 5 S S S s S S S 5 5 ) 5 S 456,178 S 5 $ aso,ooz s s s s S s s s s s s S S S S s s S S S s S s s s S s s s s S s 5 s 5 S S s S S s 12,543 s s00 s 650,475 s 292,s00 s 162,500 s 195,000 s 413,910 s 7,680 s 1,800 s 3,750 s 1,500 s 1,400 s 760 s 2,580 s (6so,47sl (292,sOOl (162,s00) (19s,000) (413,910) 3,2t3 915,637 286,650 159,250 191,100 4L5,643 (2,780], L5,756 500 915,537 285,650 159,250 191,100 4L5,643 5,400 1,800 4,100 2,000 1,800 1,190 2,680 350 500 400 430 10/16/201710 48 AM 1of 1 FTBUDGET\FY2o18\CD - Building Department_1940\FY2018 Budget_Btdg Dept_l940 '."1t-t its -.' tffr' PROFESSIONAL SERVICES AGREEMENT BETWD,EN IDAHO DIVISION OT'BUILDING SAFETY, INC. AND CITY OI'MERIDIAN FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES This PROFESSIONAI SERVICES AGREEMENT BETWEEN IDA-IIO DMSION OF BUILDING SAFETY, INC. AND CITY OF MERIDIAN FOR MECHANICAL PLAN REVIEW AND INSPECION SERVICES ("Agreement") is made and entered into this I day of $ "f*rnUf',2015, by and between IDAHO DIVISION OF BUILDING SAFEIY (i'Contractor"), whose address is 1090 East Walertower Street, Suite 150, Meridian, Idaho and the City of Meridian ("CiS') whose address is 33 East Broadway Avenue, Melidian, Idaho. Contractor and City may hereafter collectively be refeued to as "Parties." WHEREAS the Division is self'governing agency ofthe State of Idaho having stalutory authority under Idaho Code sections 54-1001C and 67-2601A to enter inlo contracts with a municipality for the purpose ofperforming mechanical inspector and mechanical plan review services; and WHEREAS the City is a municipal corporation created under the laws of the State of Idaho and as such is authorized by Idaho Code sections 39-4116(2); 54-5001 and 39-4116(4) to adopt and enforce building codes and local amendments thereto and by Idaho Code sections 39-41 16(1), 50-301, 54-5006(3) 1o enter into contracts with the Division for the purpose ofperforming mechanical inspector and mechanical plan review services in accordance with such codes and local amendments; and WHERIAS the City Council of City Iinds that it is in the best interest of the health safety and welfare of the people of the City of Meridian to enter in to a contlact with the Division to provide for mechanical inspector and mechanical plan review services; and WHEREAS the Division though its statutory authority and pursuant to the terms of this Agreement has also determjned that it is in the best interest of the Division to enter into such an Agreement. NOW, THERItrORE, in consideration of the mutual covenants and agrecments contained herein, Contractol and the City hereby agree and contract as follows: L RESPoNSIBILITTES OF CONTRACTOR, A. Scope of Services. Conlr'actor shall perform the necessary services and adhere in all respects to the seryice level expectations set forth in ZifriDit A, Scope ofServices, attached heleto and incorporated herein by reference. B. Continuity of Operations, Where, as to any task performed or service provided hel'eunder, Contractor is unable for any reason to meet the obligations and time constraints set forth in Exhibit A, Scope of Semices, Contlactor shall engage a duly authorized designee, who shall be: (l) authorized by Contractor to complete tasks and to make decisions on Contractor's behalf, (2) in good standing \Mith all relevant licensing authorities, and (3) hold at least the minirnum certifications requiled by section I. (D) hercin. Contractor shall notify the City-Contractor Liaison of any and all such designations. PRoFEssroNAr. SBRVTCES AcRtEMEtrt roR MECHAI.ICAL PriN REvlEw AND INSPECTIoN SERYICES PAGE I oF 17 i, C. Contractor's Employees, Conhactor's employees, designees, subcontraotors, and delegees shall be bound by all ofthe terms and conditions of this Agreement, including the service level expectations set forth in Ex&lDit A, Scope ofServices, and all qualifications required of Contractor hereunder, except as otherwise specified in this Agreement, and except as to clerical or adminishative tasks not requiring such quali{ications. Mechanical field inspectors shall be certified per section I.(D)(1)(2) hetein. Mechanical plan leviewers shall be certified per section I.@)(3) herein. Within seven (7) business days of execution of this Ageemcnt, and thenceforth within seven (7) business days ofhiring or reassigning personnel to provide seryices hereunder, Contractor shall provide to City a list ofall Contractor personnel who are employed or otherwise assigned by Contractor to provide sovices ulder this agreement, including such personnel's credentials and qualifications. Upon hiring or reassigning personnel to perform services undsr this contract, such personnel may hold minimum certification as required by Idaho Code Title 54, Chapter 50, and 54-5021; within thirfy (30) days of hiring or reassigning such personnel, such personnel shall be fully qualified and certified as required herein. City may wiihhold its consent to such employmen! designation, subcontract, or delegation or other transfer of Contractor's rights and responsibilities under this Agreemeng when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian, D. Qualifications. At all times thloughout the ter:n of this Agreement, Conhactor shall be sufliciently qualified to provide services in the manner and in the timeframe established by this provision and all provisions of this Agreement. Specifically, without limitation, Contractor shall be in good standing with all relevant licensing authorities and shall, at a minimum, hold the following Intemational Code Council (CC) certifications: 1. ICC Commoroial Mechanical Inspector; 2. ICC Residential Mechanical Inspector; 3. Within six (6) montbs of execulion of this Agreement, ICC Mechanical Plans Examiner; 4. Any and all other certifications required by law. E. Office Hours. Contractor shali establish regulal office hours during which Contractor, or Contlactor's duly authorized designee, shall commit to being available at Meridian City Hall during City business hours to perform admiristrative tasks required under Exhibit A, Scope of Services. F. CclI Phonc, Contractor and Contractor's employees shall maintain, at Contactol''s expense, a cellular telephone with voice mail, and shall provide the telephone numbers thereof to the City- Contractol Liaison for City's use in administering this Agreement. PROFESSIONAI SERVICES AGRUEMINT PoR MECI'IANICA- PLAN RIjVIEW AND INSPECTION SERVICES G. Prohibited Services; Conflicts of Interest. Contractol shall not perform any work under the guise of another business entity, personally or professionally, on any propsrty or work that is inspected by Contractor or that falls under the irxpection responsibilities of Conlactor as contemplated by this Agreement. Contractor is strictly prohibited from referring any work to Contractor, or any company with which Contractor is associated, whether personally or PAGE2 oF 17 professionally. Contractor's use of any City resor-rce shall be limited exclusively to the work related to this Agreement. Connactor shall repofi to the City-Contractor Liaison any potcntial conflicts ofinterest it may have relative to a construction project. H. Public Records. Contractor acknowledges that all rccords containing information relating to the conduct or administration of this Agreement and services provided hereunder prepaled, owned, used or retained by Contactor are public records, and as such are subject to City's records retention schedule and/or the Idaho public records act. Contractor shall, upon request and within two (2) working days ofsuch request, ptovide requested information ot records to the City Clerk's Office. Contractor shall, upon lequest, prepare and provide to City all data collected andi/or repofis prepared regryding services conducted under this Agreement. I. State's Insurance. The Division of Building Safety (Contractor) is a State of Idaho agency and ptrvides liability coverage for public liability, personal injury, death, and property damage thlough the Risk Management Program established undel Idaho Code section 67-5776,wfuch is funded and in effect subject to limitation on liability of the Tort Claims Act, Idaho Code sections 6-901 et seq. J. Compliance with Applicable Law and City Policies. Contractor shall comply with all federal, state, City, and other laws and ordinances applicable to services performed under this Agreement. When performing services under this Agreemen! Contractor shall adhere to all City policies pertaining to workplace conduct, including but not limited to policies related to use of City equipment, drug and alcohol policy, computer and electronic equipment usage, and safety. City shal[ provide notice to Contlactor of any amendments or modification of City ordinances adopting or amending relevant codes or policies. K. Electronic Equipment City shall supply, for Contractor's use in completing tasks and providing services uoder this Ageement, elecfronic equipment enumeruted in Exhibit B, Tablel PCs and Related Equipment Issued to Contrsctor hercto. Any electronic equipment fiunished by City for use by Contractor shall be utilized for the sole purpose of conducting services enumerated under this Agreement. The use ofpu'sonal electronic equipment, other than cellular telephones is prohibited while in the office. No personal electronic files of any kind may be stored on City-issued equipment. Contractor shall take all necessmy measures to maintain all hardware and software in good working condition. City shall perform all necessary maintenance and repair of City-issued equipment. Contractor shall reimburse City for the cost of any major repair or replacement of City-issued equipment ttrat becomes necessary due to loss, theft, or damagg regardless of cause, except tlat City shall be responsible for the cost of replacement wherc necessary due to intemal component failue. All City-issued equipment is ald shall remain the properly of City at a1l times during the performance of this Agteemenl and shall be immediately retumed to City in good working condition upon termination or expiration of this Agreement. A. Incidental Office Supplies. City shall provide, for Contractor's use in performing sewices under this Agreement, office space al Meridian City Flall, desk, compulers and other electronic equipment, telephone system, inspection tags, permit notices, business cards, and incidentai clerical staff sewices . City shall maintain ownership of all City equipment plovided by the P RoFEss roNAL SERVTCES AGRTEMENT FoR MECHANICAT PLAN REvtEw A.ND INSpECTtoN SERVICES P^GE 3 OF 17 I I[. RESPoNSI BILTTES oF CITY. City and made available to the Contractor for this purpose. One soft-bound copy of all adopted codes will be available for shared use at Meridian City Hall. To the extent that Conlractor needs or desires additional supplies or serices that are not provided by City under this Agreernent, such supplies or services shall be provided at the sole cost and expense ofthe Contactor. B. City-Contractor Liaison. City shall desigrrate a City employee to act as a City-Contractor Liaison, which City employee shall acl as the City's representative with regard to day-to-day administrative matters related to Contractor's services under this Agreement. City shall provide to Contractor the name, e-mail address, and telephone number of ttre City-Contractof Liaison. III. GENERAL PRovIsIoNS. A. Term, This Agreement shall become effective on October 1,2015, and shall exphe on September 30, 2018, unless sooner terminated as provided below. Time is ofthe essence in Contmctor's performance of each and every obligation under this Agreement. This Agreement terrr may be extended by separate written addendum, duly executed by both parties. B. Appropriation. By signing this Agreement both parties understand and agree that Division and City ale govenunental entities. This Agreement shall in no way or manner be construed so as to bind or obligate Division, City, or the State ofldaho beyond the term ofany particular appropriation offunds by the Idaho Legislature or Meridian City Council as may exist from time !o time. Each party resewes the right to terminate the agreement if, in its soie judgement, the legislature of the State of Idaho or the Meridian City Council, as the case may be, fails, neglects, or refuses to appropriate sufficient funds as may be required for the Division or City to continue their required performance under the agreement. Any such termination shall take eflect on sixty (60) days prior notice and be otherwise elfective as provided in this Agreement. C. Revenue Allocation. Contmctor shall be entitled to sixty-five percent (65%) of all commercial and lesidential mechanical pemrit fees collected by the City collected by City directly relative to the speciflc fee schedule adopted by the City of Meridian on the effective date of this co tract, attached hereto as Dxhibit D, Fee Schedule. If changes or new permit fee schedules are adopted by the City of Meridian, the contmctor payments will not be adjusted and will be payable per the fee schedules in effect on the date ofthe commencement of this contract. E. Payment. F'ees pertaining to services provided under this Agreement shall be collected by City. City shall remit Contractor's share of permit revenues collected by the City in accordance wilh Exhibit C, Payment Scheduie, no later than the tenth (10th) day ofthe month following attainment of the specified Milestone. City shall maintain an accounting of all petmit fees and shall provide to Contractor a firll accounting therefore upon request. It is acknowledged by the PRoFESSIoNAI, SFRVICES AoREDMIjNI. FoR MECHANTCAL Pt .AN R-EvtEw AND INspDgIloN SERvrcEs PAGE 4 oI 17 I D. Eourly Rate. For duties and firnctiors expressly enumemted hereunder as billed hourly, and only upon prior wlitten apploval of or written tequest for such services, Contactor may charge City an hourly rate ofno more than $50.00 per hour. City shall notbe obligated to pay Contractor an hourly rate for any sewice provided without City's prior written approval or request. pa$ies that the City collects pemrit fees when permits are issued. Contmctor shall be entitled to Confuactor's allocated share of petmit revenues for all permits issued during the term of this Agleement. F. Liquidated Damages, Contractor shall be liable to the City for any delay beyond the time periods specified in this agreement, in the amount oftwo hundred fifty dollars ($250.00) for each business 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. G. Records. All recolds, including those of costs, reimbursable expenses, and payments shall be kept to generaily recognized accou.nting methods and standards and shall be available to the other Party at all times. H. Indcpendcnt Contractor, In all matters psrtaining to this Ageement, Contractor shall be acting as an independent contraotor, aod neither Contractor nor any officer, employee or agent of Contractor shall be deemed an employee of City in any manner or for any purpose. Specifica1ly, ',i/ithout limitation, Contractor understands, acknowledges, and: 1. Contractor is fiee ftom actual and potential controt by City in thc provision of services under this Agreement. 2. Contractor is engaged in an independently established trade, occupation, profession, or business. 3. Contactor has the authority 1o hire subordinates. 4. Contractor owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 5. Neither Contractol nor City shall be liable to the othcr for a peremptory termination ofthe business reiationship desctibed under this Ag€ement. 6. Conlractor shall be responsible for payment of any Federal or state taxes required as a result ofthis Agreerrent. 7. Contractor shall not be entitled to any benef,rts generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this Agreement to the Contractor include: vacation, holiday, sick, or other leaves ofpay; medical or dental insurance; or; rctirement beneflts. 8. Contractor is an irdependent contractor for puryoses of the Idaho Workers' Compensation laws, and shall comply with all applicable Workers' Compensation insuraace requirements. 9. Substantially all necessary tools, equipment, supplies and all other adninistrative support expenses will be ilnished by Contractol', with the exception oftie incidental items to be fumished by City as set forth herein. PAGE 5 oF l7 PROFESS IONAL SERVICES AOREEMENT FoR IVTICHANICAI PLAN Ri;vIEW AND INSPECTION SERVICES 10. Contractor will not be eligible for any Federal Sociai Security, State Workman's Compensation or unemployment insurance pa).ment frorn the City or charged to City's account. I. Notice, Communication between the City-Contractor Liaison and Contractor regarding day-to- day and administrative matters shall occur via e-mail ol telephone. Al1 other notices required to be given by either ofthe parties hereto shall be in wliting and be deemed oommruioated when personally sered, or mailed in the United States mail, addtessed respectively as follows: City of Meridian Attn: Development Services Manager 33 E. Broadway Avenue Melidian, Idaho 83642 Idaho Division of Building Safety Attn: Administrator 1090 E. Watertower Street, Suite 150 Meridian, Idaho 83642 J. Termination. 1 . Mutual Consenl This Agreement may be terminated at any time by mutual written consent of both Parties. 2. Best Interest of City or Contractor. City may terminate this Agreement by providing sixty (60) business days wriuen notice to the other palty it at any time, for any reason, City deterrnines that termination of the Agreement is in the best interest of City. Contractor may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at ary time, for any reason, Contractor determines that termination of the Agreement is in the best interest ofContractor. In the event oftermination, ttre non- terminating party shall be entitled to compensation for the services performed per the provisions outlined above up to the effective date of termination. 3. Transition Period Following Termination. Upon written request of City, following the sixty-day notice period described above, Contractor shall provide services as described undel this Agreement for an additional thirty (30) business days or for such peliod as the parties may agree. During the additional thirtyday term, all provisiors of this Agreement shall apply, except that City shall compensate Contractor $50.00 per hour for each hour worked. To receive payment, Contractor shall submit to City a detailed invoice, including time rccords containing date, service provided, and time expended, rccorded in l5-minute increments. City shall provide payment to Contractor within thirty (30) business days of receipt ofinvoice. 4. Changed Conditions. City may termioate or modifr this Agl'eement, irl whole ol in part, effective immediately upon delivery of written notice to Contmctor, or at such later date as may be established by City under the following conditions: PRoFESSIoNAI SERVICES AGREEMEN-T FoR MECHANICAL PLAN RrvrEw AND lNspECfIoN SERVICES PAGE 6 oll l7 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the mamer herein provided. a. If federal or state regulations or guidelines are modified, chauged, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agleement; b. If any professional license, insurance, bond or certificate required by law, regulation or this Agreement to be held by Contractor to provide the selices lequired by this Agreement, is for any reason denied, revoked, suspended, or not renewed; d. Falsification ofrecords by Contractor; e. Failure of Contractor to comply with the plovisions of this Agreement or any applicable Federal, state or loca1 laws and rules. f. If Contractor or its agents engage in fraud, dishonesty, or any olher act of misconduct in the performance of this Agreement; g. Ifjustifie4 documented complaints are made against Contractor or its agents for failure to provide services as specified herein or failure to perform duties in a courteous and professional manner; If the City Council determines that immediate termiaation of the Agreement is in the best interests of the City, including but not limited to a determination by the City Council that the obligalions under this agreement would violate Article VIil, Section 3 ofthe Idaho Corstitution as a result ofthe City's failure, neglect, or refusal to appropriate sufficient funds as may be requfued for City to continue to perform its obligations under ttris agreement. K. Time of the Essence. Time is ofthe essence in Contractor's performance of each and evely obligation and duty under this Agreement. L, Nonwaiver. A waiver of any right, remedy or provision provided in this Agreement or by law shall not constitute a waiyer of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. The rights and remedies provided herein are not exclusive and are il addition to any other rights and remedies provided by law or undet this Agleement. City shall not be required to rei:rstate any provisions ofthis Agreement following a waiver for the ptovision to be effective in any other instance. M. Liability. City and Division each shall be responsible only for the acts, omissions or negligence of its own officers, employees or agents. Nothing in this Agreement shall extend PROFESSIONAL SERVICES AGREIiMINT FoR MECI{ANICAL PIAN REvEw AND INSPECTIoN SERVICES PACE 7 oF 17 c. If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the heaith and safety of clients, residents, sta.ff or the public; h. If Contractor fails to perform any ofthe provisions oflhis Agreement, or fails to pedorm work under this Agteement in accordance with its terms, and after receipt of wrillen notice from City fails to conect such failures within fourteen (14) business days or other period as specified; or the responsibility or liability of either City or Division beyond that required by the Idaho Tort Claims Act. Each paty shall defend itself against ary claims that arise solely from wrongirl acts, omissions or negligence of its offrcers, employees, or agents in the course ofthe perlormance of this Agreement, but shall not assume responsibility for the acts, omissions or negligence of the other party or the other party's ofEcials, employees, agents and voluntecrs. Each party shall promptly notify the other party of any claim adsing under this Agreement and shall cooperate fully with the defending party or its representatives in the defense ofsuch claims. N. Assignment. The Contractor may not subconh'act, assigl, or fi'ansfer any tight or duty arisi:rg hereunder without the prior written consent of the City. Any subcontractor, transferee, or assignee shall be bound by all ofthe terms and conditions oftlis Agreement. City may wittrhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines t}at the proposed tralsaction would not serve the best interest ofthe City ofMeridian. The provisions of this Agreement shall bind and inure to the benefit ofthe parties and their respective successors and permitted assigns. O. Severability. The invalidity or unenforceability of any particular provision ofthis Agreement shall not affect the other provisions, and this Agteement shall be construed in all respects as if any invalid or unenforceable provision were omitted. P. Entire Agreement; Modification. This agreement supersedes, terminates, and otherwise renders null and void any and all prior agreements or contracts entered into between the Parties with respect to the matters herein expressly set folth, specifically to include the version executed by the Perties on September 4, 2012. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreemenl. The Agreement may not be changed, amended, or superseded urless by mert's of writing executed by both Parties hereto. Q. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this Agreement, on the gounds oflace, gender, religion, national origin, sexual orientation, marital status, disability, or age. R. Survival. All provisions of this Agreement which contain continuing obligations sball survive its expiration or termination. S. Attorney Fees. ln the event an action, sui! or proceeding, including appeal there ftom, is brought for failure to observe any ofthe terms of this Ageemen! the non-prevailing party shall be lesponsiblc for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. T. Governing Lawl Venue. This Agreement shal1 be governed and conshued in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this Agrcement shall be brought and conducted solely and exclusively with the Fourth Judicial Distlict Court of Ada County for the State of Idaho. Provided, however, if PRoFESSIoNAL SERVICIS AGRIiEMIjNI. FoR MECHAN]CAL PLAN RIjvIEw AND INSPLCI.IoN SERvtCIis P^cE 8 oF 17 the clairn must be brought in a federal forum, then it shali be brought and conducted exclusively within the United States District Court for ldaho. U. Exhibits. All exhibits to this Agreement are incorporated by reference and made a palt ofthis Agreement as if the exhibits were set forth in their entirety in this Agreement. V. City Council Approval Required. This Agreement shall not become effective or binding until approved by the Meridian City Council. IN WITNESS WHEREOF, the parties cause this agreement to be executed as of the day and year fust above. IDAHO DT\,'ISION OF BUILDING SAFETY, INC,: C. Kelly Pearce, CITY OF ML]RIDIAN: Tammy Attest: lman, City Clerk City SF.rq.L t DlAN PROFESSIONAL SI]RVICIJS AGREEMIJNT FoR MECHANICAL PLAN Rllv[]w AND INspEcIroN SERvrcEs PAGD 9 oF 17 EXIIIBIT A SCOPE OT'SERVICES Overview: Conhactor shall perform comprchensive commercial and residential mechanical and energy plan reviews prior to pelmit issuance, and perfom detailed mechanical inspections for any and all building projects in the City of Meridian. These plan reviews and inspectiotrs are to ensure compliance with all current codified or ordained codes of the City. Contractor shall provide notices to the permit holder and the City ofany violation; and order conection ofany such violation. I. SERvrcEs PRovtop.p rv eexIB4eTe& A. Plan Review. Contractor shall be responsible for performiag comprehensive commercial and residential mechanical and energy plan reviews prior to permit issuance, for any and all building projects in the City of Meridian. Plan review shall be perfomred befote permits are issued. Contractor shall ensure that the appoved plans are on-site prior to performing mechanical inspections. B. Field Inspections. Contractor shall perform field inspections to verify and incorporate the requirements ofplan review. Each and every field inspection requested between 12:00 a,m. and 8:00 a.m. on a City business day shall be performed that day. Each and every field inspection requested between 8:00 a.m. and 11:59 p.m. on a City business day shall be performed the next business day. Each and every field inspection requested on a non-business day shall be performed the next busiaess day. C. Certification of Project Value. Contractor shall review submitted Certificates of Valuation for all plojects to ensure accurate valuation. If project scope change occurs, Conhactor shall notify the City-Contractor Liaison so that proper adjustments in submittals and valuations are achieved. D. Computerized Permit Tracking Programs. Contractor shall utilize the Tablet PC and Accela Software provided by City to input data regarding the status oftasks related to services provided hereunder into the tracking database, including, but not limited to, plan review, plan review comments, fieid inspections and re-inspections, irupection notes, pass/fail status, and final inspection status. Contractor shall also conduct research as needed for archived information. Contractor shall specify regular or double inspection fees as rcquired. Data entry for every mechanical inspection shal1 immediately be entered foilowing the cornpletion of ttre inspection. E. Administrative Tasks, During Contractor"s office hourc at Meridian City Hall, Contractor or his designee shall be available to take phone calls, respond to voice mail and e-mail messages, answer questions, and attend meetings upon request of, as needed, or as scheduled by City. Contactor shall respond to voice mail and e-mail messages within one (1) business day. F. Code Amendments and Technological Advancement. Contractor shall monitor legislation and teclrnical developments that may affect the building indmtry. This may include, but shall not be limited to, attending meetings, conferences, workshops, and training sessions to become and remain currclt on principles, pmctices, and new developments. Contractol shall be PRoFESSIoNAL SERvICES AoREEMEMT FoR MECI.IANrcAr PLAr'r RrvrEw AND INspEcnoN SERvrcEs PAGE l0 or 17 responsible for all associated costs. G. Coile Compliance. Contractor shall assist City in enforcing appropriate ordinances, including ordinances related to land use, building sites, and building uses. Contractol shall report to the City of Meridian City-Contractor Liaison any obsewed violations of City Code of which Contractor has knowledge, as well as the cunent Ifltemational Building Codes adopted by City. Contractor shall collaborate with City personnel on the investigation and enforcement of civil and/or criminal penalties for uncorrected violalions. H. Process and Performance Standards. Contractor shall provide services in accordance with the following process and performance standalds: 1. MECHANICAI PLAN Rnvltrw Commercial Projectsa (1) Contractor shall complete plan review no more than ten (10) business days after receipt of oomplete application for all commelcial applications. (2) Contractor shall provide mechanical and energy plan review comments, redlines, re- submittal requests and other correspondence via email to design professional of record and to City, and shall archive same in the manner and in the location specified by City. (3) City staff shall instal.l the initial electronic plan files into the city database for all projects requiring mechanical and energy plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database. Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. (4) Conhactor shall perform plan review lor compliance with the most curreflt version of 'Com Check" for the mechanical systems and cquipment on all commercial projects. b, Tenant Improvement Projects (2) Contractor shall complete plan rcview no more than seven (7) business days after receipt of complete application, except when determined by the City, Contractor shall complete "Fast Track Tenant Improvement" projects no more than three (3) business days after receipt of complete application. City will notift Contractor of "Fast Track Tenant Improvemenf' projects through notification in the City's computerized permit tracking program. PAGE I ]. oF 17 (1) Contractor shall perform plan review for tenant improvement projects. PRoFEssroNAL SERVICFS AGREEMEN"T FOR MECHA}aCAL PLAN RBvIEw ND INSPECT,oN SERVICES (3) Conhactor shal1 provide plan rcview comments, redlines, re-submittal requests and other comespondence via email to all design prolessionals ofrecord and to City, and shall archive same in the manner and in the location specified by City. (4) Contractor shall perform plan review for compliance with the most current version of "Com Check" for the mechanical systems and equipment on all commercial projects. (5) City staff shall i:rstall the initial electronic plan files into the city database for all projects requiring building plan review. Contractor shall be responsible to install a.ll rcsubmitted plan files and documents in the same city database. Contractor shall also be responsiblc to incorporate resubmitted hard copies into plan set(s) issued for construction. c. ResidentialProjects (1) Conlractor shall complete plan review no more than ten (10) business days after rcceipt of complete application for al1 commercial applications. (2) Contractor shall provide plan review cornments, redlines, re-submittal requests and other correspondence via email to mechanical designel, contractot, owner of record, and to City. Contractor shall archive same in the manne( and in the location specified by City. (3) Contractor shall install the initial electronic plan files into the city database for all projects requiring mechanical plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database. Contractot shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. (4) Contractor shall perform plan review for compliance with the most cufl'ent version of 'T.es Check" and/or prescriptive or performance based energy submittals for the building envelope and mechanical systems and equipment for all residential projects. (5) Contractor shall perform a WrightSoft, or equivalent, energy plan review on all new single family homes and maintain records ofthese specific energy plan leviews per Idaho Statute rccord retention laws for residential. a. Commercial and Residential Projects (l) Contractor shall perform al1 mechanical and energy inspections for commercial and residential projects, from initial inspection through final inspection. City shall provide all pasVfail inspection tags, and notices for Contractor use. PROFESSIONAL SERVTCES AGREEMENI FoR MECHANTCAL Pt.AN REvrEw ^ND INSPECTToN SERVrcEs PAGE I2 oF 17 2. MECHANTCAL INSPEc'r-IoNs (2) tnspection requests received prior to 8:00 a.m. on a business day sball be perfonned the same business day. If the request is received on a non-business day, the inspection shall be performed the next business day. (3) Contractor shall sign off for final mechanical inspection for Certificate of Occupancy, Ternporary Certificates of Occupancy, and Letters of Substantial Completion following satisfaction of all inspections and review of any third party special inspection repods. As appropriate, Contraotor shall prrvide notices of violations ofapplicable standards to permit holders. (4) Contractor shall input all mechanical irspection information into the tablet PCs using tho City's Accela software imniediately following the inspection. This shall include, but not be Iimited to specific information related to inspection, correction notices, and re-inspection. (5) Contractor shall perform as many inspections as necessaly on any permit Contractor may assess re-inspection fees, per the adopted fee schedule, ifitems from a previous corTection notice ale not conected when a trew inspection is requested. A. Professionalism. When performing services under this Agreement, Contractor shall be professional in demeanor and in conduct, and to that end shal1 at all times: L Display a City-issued photo identification badge. 3. Dress professionally. While performing services for the City of Meridian, the Contractor, its subcontractors, if any, and all employers working under this contract shall not advertise on clothing or vehicles (logos, graphics, etc.) any business other than IDAIIO DIVISION OFBUILDING SAFETY. 4. Wear appropriate clothing and safety gear to protect from personal injury. B. CARtr Principles. City expects all contract personnel, including Contractor, to in good faith and to the extent reasonably required perform services in accordance with the City's four organizational values a.nd corresponding behaviors, identified by the City as signi-ficaat and vital to the success of the City as a whole: Customer Service, Accountability, Respect, and Excellence. 1 . Customer Service: Contmctol is asked to respond to customets in a genuine, positive, and timely marner; presenting a polite and approachable persona; maintaining composure under diffrcult cilcumstances; sharing information regarding the customel''s concerns; and following up with customers. PRoFEssroNAL SERVICFJ AGREEMEI.n FOR MECHANICAI, PLAN RBVIEW AND INSPECTION SERVTCES PAGE 13 OF 17 II. SuRvrco LEVEL ExpEcl ATroN,!^. 2. Provide a City-issued business card during fie1d inspeclions, as appropriate. 2. Accountability: Contractor acknowledges that each of us is responsible for oul ov"n work, choices, and actions. Conlractor personnel are asked to be responsible for their actions; actively participate as a tearn member; make legal and ethical decisions; and provide accurate and current information regarding expectations, priorities, and accomplishments. 3. Respect: Contractor personnel are asked to be trustworlhy and courteous; acknowledge and accept people with diverse opinions and backgrounds; treat all customers and co- workers fairly, equally, and as you would wanl to be tleated; and avoiding gossip or passing information ofa confidential or private natu'e. 4, Excellence: Conlractor personnel are asked to be professional, flexible, and adaptable to community needs; to inctease effrciency as well as effectiveness by looking for ways to improve processes; and to provide feedback regarding processes or proposed changes. PROI'ESSIONAL SERVICTJS AGR.EEMENT roR MFCHANICAI PI-A,N R]ivlEW AND INSPEC.TIoN SBRVICES PAGE 14 oF 17 ExrlBrr B TABLET PCs AND RELATED EQUIPMENT ISSUDD TO CONTRACTOR 100558 Motion Computing Tablet 100563 Motion Computing Tablet 100565 Motion Computing Tablet t00572 I-IP Mobile Printer 100573 HP Mobile Printer 09s61 200W Power Invelter 09558 200W Power Inverter Misc. Charging adapterc and tablet cases for each unitN/A PROFESSIONAI SERVICES AGREF.\EM FoR MTCHANICAT PLAN REvIEw AND INSPlcfloN SERVICES PAGE 15 oF 17 EXHIBIT C PAYMENT SCIMDULE MECHAMCAI INSPECTION - I'AYMENT SCHEDULE Type of Pernrit Milestone Amount to be paid Commercial - New Residential - New Permit issuance 100% of fees due Contractor Ail other permit types Permit issuance I 00% of fees due Contractor PRoFESSIoNAI- SERYICES AGRTEMENT FoR MEcrrANlca- PLAN R-Ev]rw AND lNspEgrroN SERVTCES PAGE I6 oF I7 ExurBrr D FEE SCHF"DULE Mechanical Fee Schedule 01. Base Iee - Applied to a1l pemiits $s0.00 02. Fixhl'es and Appliances - Iumace, firmace-air conditioner combination, heat pump, air conditioner, evaporative cooler, unit heater, space heater, decorative gas fired appliance, incinerator; boiler, pool heater and similar fixtures or appliances. Ffust : $35.00 Each Additional : $ 15.00 each 03. Exhaust and Ventilation Ducts - Exhaust or ventilation duct such as dryer vents, range hood vents, cook stove vents, bath fan vents and the similar exhaust and ventilation ducts. First = $15.00 Each Additional: $5.00 each 04. Fuel Gas Piping - Fixture or appliance outlets for the fuel gas piping system First: $15.00 Each Additional = $5.00 each 05. Fireplace Only Permit - $50.00 base permit fee plw Fixture charge of$35.00 for lst and $15.00 for each additional fixture (this is with gas piping already in place or permitted by others) For projects $20,000 or less = 3% (.03) oljob value p1w $50.00 base petmit fee For projects $20,000 through $ 100,000 :2% (.02) ofjob value over $20,000 plus $650.00 For projects $100,000 through $200,000 = l% (.01) ofjob value over $100,000 plus $2,250.00 For projects $200,000 or more : k% (.005) ofjob value over $200,000 plus $3,250.00 07. Re-Inspection Fee's - $45.00 for first re-inspection $90.00 for double re-inspection fee 09. Wolk constructed without a permit - Double permit fees will bc the minimum chalge assessed. PRoFEssroNAL SERVTCES AoRFTMENT FoR MECHANICAL PLAN REvIEw AND INSPECIoN SERvIctss PAGE 17 OF 17 06. Multi-Family and Commercial; Project Valuation Table : 08. Late Fee's - Double permit fee FIRST AMENDMENT to SIPTEMBER 1,201s PROFESSIONAL SERVICES AGREEMENT BETWEEN IDAHO DIVISION OF BUILDING SAFETY AND CITY OF MERIDIAN FORMECHANICAL PLAN Rtr,VIEW AND INSPECTION SERVICES This First Amendment to September l, 2015 Profossional Savices Agreernent Between Idaho Division Of Building Safety Ard City Of Meridian For Mechanical Plan Review And Inspection Services ("First Amendment") is made this i5 day of November, 2016, by and between Idaho Division of Building Safety ("Conhactor"), whose address is 1090 East Watertow$ Street, Suite 150, Meridian, Idaho and the City of Meridian ("City"), whose address is 33 Bast Broadway Avenue, Meridian, Idaho. WHEREAS, on Soptember 1, 2015, City and Contractor entered into a Professional Services Agreement Between Idaho Division Of Building Safety And City Of Meridian For Mechanical PIan Review And Inspection Services ("September 1,2015 Agr-eement"); WIIEREAS, fee revenues paid by City to Contractor under the September 1,2015 Agreement sometimes exceed the full cost ofmechanical plan review aud inspection services provided by Contractor; and WHEREAS, City finds that it is in the publio interest to decrease the percentage of the porlion offees collected for mechanical plan review and inspectiou servlces paid to Conhactor; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency ofwhich is hereby acknowledged and agr eed, and in consideration of the mutual promises and oovenants herein contained, the Parties agree as follows: I. Effective date. The effecfive date ofthis First Amendment shall be October 1,2016. Section III(C) modified. Section III(C) of the September 1,2015 Agteement shall be amended to read as foll<.rws: C. Revenue Allocation. Conhactor shall be entitled to sixty pelcent (607d of all commercial and residential mechanical permit fees collected by the City collected by City directly relative to the specific fee schedule adopted by the City of Meridian on the effective date ofthis contract, attached hereto as Exhibit D, Fee Schedule. If changes or new pormit fee schedules are adopted by the City of Meridian, the contractor payments will not be adjusted and will be payable per the fee schedules in effect on the date ofthe colmnencement of this contract. Ill.September 1,2016 Agreenrent Fulty in Effect. The intent and effect of this First Amendment is to decrease the payment amount for serices provided by Contractor as set forth in the September 1, 2015 Agreement. Except as oxpressly set forth herein, this First A.rnendment does not otherwise modify or alter any term or condition of the September 1, 2015 Agreement in any way. The September 1,2015 Agreement remains in full effect, and all terms and conditions thereof are incorporated into this First Amendment as though fully il FRsr AMENDMENTTo SEPTEMBER 1, 2015 PRoFEssroNAL SERvlcEs AGRTEMENT BETWEEN DBS AND CITY FoR MECIIANICAI PLAN R.EvIEw AND INSPECIIoN SERVICES PAGE 1 oF 2 set forth herein. IN WITNESS WHEREOF, the parlies hereto have executed this Agreement on the ..!l day ofNovernber, 2016. IDAHO DIVISION OF' BUILDING SAIETY: .< i, C. I(el.ly Poarce, Administrator CITY OFMtrRID (O BY: o;l)-,.3r {a'/u7- Attest: Co ty Clerk FrRST AMENDMENT To SEpTEMBER 1,2015 PRoFESStoNAL SERvlcEs AGREEMENT BEIWEEN DBS AND crry FoR MEcliANrcAL Pr"AN REvrEw AND INspEcIoN SERVIoES PACE 2 oF 2 Meridian City Council Meeting DATE: October 24, 2017 ITEM NUMBER: 61 PROJECT NUMBER: ITEM TITLE: Approval of PO #18-0068 for Building Inspection Services FY18 to Idaho State Division of Building Safety for the Not -to -Exceed amount of $695,884.12. This Purchase Order is issued in conjunction with the Professional Services Agreement with the Idaho State Division of Building Safety dated Sept. 22, 2015 MEETING NOTES 9 APPR-tlVED 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 The Purchasing Department, on behatf of the Building Department, respectfully requests that the following item be placed on the October 24h City Council Consent Agenda for Council's consideration. To: C, Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager GC: Bruce Freckleton Dalez 10116117 Re: October 24 City Council Meeting Agenda ltem Aooroval of PO #18-0068 for Buildino I nspection Services FY1 8 to ldaho State Division of Buildino Safetv for the NolTo-Exceed amount of $695.884. 12.This Purchase Order is issued in conjunction with the Professional Services Agreement with ldaho State Division of Building Safety dated Sept 22, 2015. Recommended Council Action: Approval of PO# 18{068and authorize the Purchasing Manager to sign for the Not-To-Exceed amount of $695,884.12. Thank you for your consideration . Page 1 Gity of Meridian Purchasing Dept. E IDIAN PUrChaSe Ordef 10t16t2017 Attention: BruceFreckelton 1 8-0068 IDAHO DIVISION OF BLDG SAFETY 1O9O EAST WATERTOWER ST, STE 1 50 MERIDIAN, ID 83642 Billing Address: Shipping Address: Attn: Finance 33 E Broadway Ave Meridian, lD 83642 33 E Broadway Ave Suite 102 Meridian, lD 83642 Shipping Method: FOB: Contractor desination Description Unit Quantity Unit Price Total Building lnspection Services FY18 dollars 695884.12 1.00 695,884.12 Purchase Order Total:$69s,884.12 Purchasing Manager: Special lnstructions Contract PO- Building lnspection Services - approved byCouncil 9122115 (tor 3 yrs) &Amend 7/1/17. Not-to-Exceed $695,884.12 01-1940-55201 Case # 57985 CITY OF MERIDIAN 33 EAST BROADWAY AVI.]. MERIDIAN, ID 83642 (208) 888-4433 Vendor Address: Division Code Lg40 1940 1940 1940 1940 L940 1940 1940 1940 1940 7940 1940 L940 1940 1940 L940 1940 1940 1940 1940 1940 1940 1940 1940 1940 Division Name Building Department Bu ilding Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department BuildinB Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Account Code Account Description 4L2O0 Wages 412L0 Overtime Wages 47021 F|CA (7.6s%) 47022 PERS I 42073 Workers'Comp 42025 Employee lnsura nce Total Personnel 53360 Software Maintenance 54120 Electronics Expense (under 55000) 55201 Building lnspections 55202 Mechanical lnspections 55203 Electrical lnspections 55204 Plumbing lnspections 55205 Fire lnspections 56103 Pagers/Radios/Com mu nications 56200 Cellphone Expense 57200 Employee Semina rs/Train ing 57202 Travel - Transportation 57203 Travel - Lodging 57204 Travel - Per Diem 60101 Dues, Licenses, Publications Total Operating Costs 49000 Personnel transfer lnterfu nd Total Transfers Total Building Department s t,746,998 s (1,714,38s) s 1,970,893 s 2,003,s06 s (s7,2s4) 5 st,zsq s (s9,4s1) s (s9,4su5 1s7,2541 S st,zsq s (se,4su s (se,4s1) 5 2,L45,922 S (1,6s7,131) 5 L,9rL,442 5 2,424,062 FY 2017 Final Budget FY 2018 Adjustments FY 2018 Final Budget s s S s S s s s S ) S S S S S S s 5 324,s3L 332 24,852 38,789 t,329 90,L74 S 4s6,L7B S s S 48o,oo7 S S s S s s s s S S S s S s S S s S s s s ) S s s s s s 5 s S s s s s 5 s S s 5 s L2,543 s s00 s 650,475 s 292,500 s 152,500 s 195,000 s 413,910 s 7,680 s 1,800 s 3,750 s 1,500 s t,400 s 760 s 2,580 s (5s0,47s) (292,s00) (152,s00) (1es,000) (413,910) 3,2t3 9L5,637 286,650 L59,250 191,100 415,643 12,28Ol 350 500 400 430 L5,756 500 grs,637 286,650 159,250 191,100 4L5,643 5,400 1,800 4,LOO 2,000 1,800 1,190 2,680 10/16/201710r59 Alv4 F:\BUDGET\FY2018\CD Building Departmenl_1940\FY2018 Budget_Bldg Dept 1940 FY 2017 One- Time 310,850 S 332 s 23,602 s 34,924 s T,260 S 8s,200 s l of 1 c{/i\1>- SUGGESTED VENDOR CIry OF IVERIDIAN Purchasing Department 33 E BROADWAY AVE, STE 105 MERIDTAN, ID 83642 TEL (208) 489-0417 FAX: (208) 887-4E13 @ CTTY OF MERIDI,AN Community Development 9t26t2017 IS BUDGET AMENDI\4ENT REQUIRED? N/A CASE MANAGEMENT TICKET NO. 57985 ldaho Division of Building Safety 1090 East Wate(ower Street, Suite 150 Meridian, lD 83tr2 Purchase Requisition PURCHASE ORDERNUMBERMUSTAPPEAR ON AI.L INVOICES. PACKING SLIPS, CARTONS AND CORRESPONOENCE RETATED TO TTIIS OROER PROJECT MANAGER PAYMENTTERMS NET 30 FREIGI.fI'TERMS PREPAID FOB DESTINATION Kim Tabarini REQUESTOR PRoJECT NAME: Request new PQ&l!98!eIq!qlq!q ! building plan examiner services n 1 $1Request for new PO for Building lnspection Sewices 55201 s59s,884.12' $ $ S $ $ $ $ l$695,884.12NOTES: Council Approval Date Previous PO#'17-0077 & 17-0358 Purchasing/Finance to calculate split of G/L budget of $915,637.20 between Plan Review and lnspections r€f cas4#t961br h.F.tG aurFroRzED courcll SGNATUFE a{elnrdl FUND TOTAL AMOUNT IIII II QTY UNIT UNIT PRICE ACCOUNTING CODESQuantitand PricingDescriion of Purchase PART NUMBER ' DESCRIPTION ' COMMITMENT NAME / TASK ORDER' CONTRACT ' PROJECT DESCRIPTION DEPT EXPENSE OR PROJECT/ CODE GLACCOUNT# COMMITMENT# I DATE OF REQUEST AVAILABLE BUDGET AMOUNT Bruce Freckleton 1940 I r l tt tl I ttl : PROTtsSSIONAL SERVICES.AGREEMENT BETWEEN IDAHO DIVISION OF BUILDING SAFETY, INC. AND CITY OF MERIDIAN FOR BUILDING INSPECTION SERVICES This PROFESSIONAL SERVICES AGREEMENT BETWEEN DIVISION OF BUILDING SAFETY, INC. AND CITY OF MERIDIAN FOR BUILDING INSPECTION SERVICES ("Agreement") is made and entered into this L day of SLQ!( rnbr /, 2015, by and between IDAHO DIVISION OF BUILDING SAFETY ("Contractor") whose address is 1090 East Watertower Street, Suite 150, Meridian, Idaho and the City of Meridian ("City") whose address is 33 East Broadway Avenue, Meridian, Idaho. Contractor and City may hereafter collectively be refered to as '?arties." WIIEREAS, the Division is self-governing agency of the State ofldaho having statutory authority under Idaho Code sections 39-4107 and67-2601A to enter into conrracts with a local government or municipality for the purpose of performing building inspection services; and WHEREAS, the City is a municipal corporation created under the laws of the State of Idaho and as such, is authorized by Idaho Code sections 39-4103 and 39-4116,Idaho Code to adopt and implement a building code enforcement program, and having duly adopted such ordinances and established in its City Code a building code for the purpose of prescribing the standards of all structures constructed in its jurisdiction; and WHEREAS, the City is authorized by Idaho Code sections 50-301 and 39-4116 to enter into conffacts for the purpose of implementing such ordinance or codes; and WHEREAS, both Parties are a "Public Agency" and statutorily authorized by Idaho Code sections 67-2326 through 67-2333 to cooperate to their mutual advantage to make the most efficient use of, and to exercise jointly the authority to perform inspections of building construction and renovation in their judsdictions, and to enjoy all the benefits and authority contained therein those sections; and WIIEREAS, the City Council of City finds that it is in the best interest of the health, safety, and welfare of the people of the City of Meridian to enter into this Agreement with Contractor; and WHEREAS, subject to the covenants and conditions set forth herein, the City and the Division desire to memorialize the contractual relationship between the parties in this Agreement; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, Contractor and the City hereby agree and contract as follows: PRoFESsIoNAL SERVICES AOREEMENT FoR BUTLDTNG INSPECTIoN SERvlcEs PACE I oF 18 WHEREAS. the Division though applicable statutory authority and pursuant to the terms of this Agreement has also determined that it is in the best interest of the Division to enter into such an Agreement. A. Scope ofServices, Contractor shall perform the necessary services and adhere in all respects to the service level expectations set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein by reference. B. Continuity of Operations, Where, as to any task performed or service provided hereunder, Contractor is unable for any reason to meet the obligations and time constraints set forth in Exltibit A, Scope of Sentices, Contractor shall engage a duly authorized designee, who shall be: (l) authorized by Contractor to complete tasks and to make decisions on Contractor's behalf, (2) in good standing with all relevant licensing authorities, and (3) hold at least the minimum certifications required by section I.D herein. Contractor shall notify the Building Official of any and all such designations. C. Contractor's Employees. Contractor's employees, designees, subcontractors, and delegees shall be bound by all of the terms and conditions of this Agreement, including the service level expectations set fo rth in Exllibit A, Scope of Services, and all qualifications required of Contractor hereunder, except as otherwise specified in this Agreement, and except as to clerical or administrative tasks not requiring such qualifications. Within seven (7) business days of execution of this Agreement, and thenceforth within seven (7) business days of hiring or reassigning personnel to provide services hereunder, Contractor shall provide to City a list of all Contractor personnel who are employed or otherwise assigned by Contractor to provide services under this agreement, including such personnel's credentials and qualifications. Upon hiring or reassigling personnel to perform services under this contract, such personnel may hold minimum certification as required by ldaho Code section 39-4108; within thirty (30) days of hiring or reassigning such personnel, such pemonnel shall be fully qualified and ce$ified as required herein. City may withhold its consent to such employment, designation, subcontract, or delegation or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian. D. Qualifications. At all times throughout the term of this Agreement, Contractor shall be sufficiently qualified to provide services in the manner and in the timeframe estabLished by this provision and all provisions of this Agreement. Specifically, without limitation, Contractor shall be in good standing with all relevant licensing authorities and shall, at a minimum, hold the following Intemational Code Council (ICC) certifications: l. ICC Commercial Building Inspectori 2. ICC Residential Building lnspector; 3. Any and all other certifications required by law. PRoFEssroNAL SERvtcEs AcREEMEI'$ FoR BUII,DING INSPECTION SERVICES PAGE 2 oF I8 I. REspoNsrBrllrrEs oF CoNTRACToR. E. Olfice Hours. Contractor, or Contractor's duly authorized designee, shall commit to being available at Meridian City Hall during City business hours to perform consultations and meetings as needed and as scheduled by the City. F. Cell Phone. Contractor and Contractor's employees shall maintain, at Contractor's expense, a cellular telephone with voice mail, and shall provide the telephone numbers thereof to the Building Official. G. Prohibited Services; Conflicts of Interest. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property or work that is inspected by Contractor or that falls under the inspection responsibilities of Contractor as contemplated by this Agreement. Contractor is strictly prohibited from refeffing any work to Contiactor, or any company with which Contractor is associated, whether personally or professionally. Contractor's use of any City resource shall be limited exclusively to the work related to this Agl€ement. Contractor shall report to the Building Official any potential conflicts of interest it may have relative to a construction project. H. Public Records. Contractor acknowledges that all records containing information relating to the conduct or administration of this Agreement and services provided hereunder prepared, owned, used or retained by Contractor are public records and as such are subject to City's records retention schedule and/or the Idaho public records act. Contractor shall, upon request and within two (2) working days of such request. Contractor shall, upon request, prepare and provide to City all data collected and/or reports prepared regarding services conducted under this Agreement. I. State's Insurance. The Division of Building Safety Contractor is a State of Idaho agency and provides liability coverage for public liability personal injury death and property damage through the Risk Management Program established under Idaho Code section 67-5776 which is funded and in effect subject to limitation on liability of the Tort Claims Act Idaho Code sections 6-901 et seq J. Compliance with Applicable Law and City Policies. Contractor shall comply with all federal, state, City, and other laws and ordinances applicable to services performed under this Agreement. When performing services under this Agreement, Contractor shall adhere to all City policies pertaining to workplace conduct, including but not limited to policies related to use of City equipment, drug and alcohol policy, computer and electronic equipment usage, and safety. City shall provide notice to Contractor of any amendments or modification of City ordinances adopting or amending relevant codes or policies. K. Electronic equipment. City shall supply, for Contractor's use in completing tasks and providing services under this Agreement, electronic equipment enumerated rn Exltibit B, Tablet PCs and Related Equipntent Issued to Contractor hereto. Any elecffonic equipment furnished by City for use by Contractor shall be utilized for the sole purpose of conducting services enumerated under this Agreement. The use of personal electronic PRoFESSIoNAL SERVICES ACREEMENI FoR BUILDINC INSPECTION SERVICES PA6E 3 oF 18 I I A. Incidental Office Supplies. City shall provide, for Contractor's use in performing services under this Agreement, office space at Meridian City Hall, desk, computers and other electronic equipment, telephone system, inspection tags, permit notices, business cards, and incidental clerical staff services, City shall maintain ownership of all City equipment provided by the City and made available to the Contractor for this purpose. One soflbound copy of all adopted codes will be available for shared use at Meridian City Hall. To the extent that Contractor needs or desires additional supplies or services that are not provided by City under this Agreement, such supplies or services shall be provided at the sole cost and expense ol the Contractor. B. Building Official. City shatl designate a City employee to act as a Building Official, which City employee shall act as the City's representative with regard to day-to-day administrative matters related to Contractor's services under this Agreement. City shall provide to Contractor the name, e-mail address, and telephone number ofthe Building Official. III. GENERAL PRovISIoNSI A. Term, The term of this Agreement shall be for three (3) years starting on October 1, 2015, and ending on September 30, 2018, unless sooner terminated as provided below. This Agreement telm may be extended by separate written addendum, duly executed by both parties. Time is of the essence in Contractor's performance of each and every obligation under this Agreement. PRomssIoNAL SERvICES AGREEMENT FoR BUILDINC INSPECTTON SERVICES PAGE4 oF I8 equipment, other than cellular telephones is prohibited while in the office. No personal electronic files of any kind may be stored on City-issued equipment. Contractor shall take all necessary measures to maintain all hardware and software in good working condition. City shall perform all necessary maintenance and repair of City-issued equipment. Contractor shall reimburse City for the cost of any major repair or replacement of City-issued equipment that becomes necessary due to loss, theft, or damage, regardless of cause, except that City shall be responsible for the cost of rcplacement where necessary due to ilternal component failure. All City-issued equipment is and shall remain the property of City at all times during the performance of this Agreement, and shall be immediately returned to City in good working condition upon termination or expiration of this Agreement. II. REsPoNSrBrLrrrEs oF CITY. B. Appropriation . By signing this Agreement both pa.rties understand and agree that Division and City are governmental entities This Agreement shall in no way or manner be construed so as to bind or obligate Division City or the State of Idaho beyond the term of any particular appropriation of funds by the Idaho Legislature or Meridian City Council as may exist from time to time. Each party reserves the right to terminate the agreement if in its sole judgment the legislature of the State of Idaho or the Meridian City Council as the case maybe fails neglects or refuses to appropriate sufficient funds as may be required for the Division or City to continue their required performance under the agreement Any such termination shall take effect on sixty 60 days prior notice and be otherwise effective as provided in this Agreement. C. This Agreement shall in no way or manner be construed so as to bind or obligate City beyond the term of any particular appropriation of funds by Meridian City Council The City reserves the right to terminate the Agreement if the Meridian City Council fails neglects or refuses to appropriate sufficient funds as may be required for City to continue its required performance under this Agreement If City Council fails to appropriate funds for this Agreement for any fiscal year then this Agreement will terminate automatically with no consequence to the City on the last day of the last fiscal year of appropriated funds. D. Revenue Allocation, Contractor shall be entitled to the following shares ofbuilding permit fee revenues collected by City directly relative to the specific fee schedule adopted by the City of Meridian on the effective date of this contract. If changes or new permit fee schedules are adopted by the City of Meridian, the contractor payments will not be adjusted and will be payable per the fee schedules in effect on the date of the commencement of this contract (attached hereto as Exlr ibit D, Fee Schedttle): 1. 307o of building permit fees for the first $100,000 collected by the City. 2. Z07o of building permit fees over $100,000 collected by the City 3. 157o of any building permit fees issued for a structure valued at more than two- million dollars ($2,000,000). E. Hourly Rate. For duties and functions expressly enumerated hereunder as billed hourly, and only upon priot written approval of or written request for such services, Contractor may charge City an hourly rate of no more than $50.00 per hour. City shall not be obligated to pay Contractor an hourly rate for any service provided without City's prior written approval or request. F. Payment. Fees pertaining to services provided under this Agreement shall be collected by City. City shall remit Contractor's share of permit revenues collected by the City in accordance with Exhibit C, Payment Schedule, no later than the tenth (1Oth) day of the month following attainment of the specified Milestone. City shall maintain an accounting of all permit fees and shall provide to Contractor a full accounting therefor upon request. It is acknowledged by the parties that the City collects permit fees when permits are issued. Contractor shall not be entitled to payment for permits already pulled and active as of the effective date of this Agreement, though Conhactor shall provide all required inspections related to such permits through issuance of Certificate of Occupancy. G. Liquidated Damages. Contractor shall be liable to the City for any delay beyond the time periods specified in this agreement, in the amount of two hundred fifty dollars ($250.00) for each business day. Such payment shall be construed to be liquidated PRoFTSSIoNAL SERVICES AGREEMEN"T FoR BurLDrNo INSPECTIoN SERVICES PAoE 5 oF l8 damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. H. Records. All records, including those ofcosts, reimbursable expenses, and payments shall be kept to generally recognized accounting methods and standards and shall be available to the other Party at all times. I. Independent Contractor, ln all mattets pertaining to this Agreement, Contractor shall be acting as an independent contractor, and neither Contractor nor any officer, employee or agent of Contractor shall be deemed an employee of City in any manner or for any purpose. Specifically, without limitation, Contractor understands, acknowledges, and agrees: l. Contractor is free from actual and potential control by City in the provision of services under this Agreement. 2. Contractor is engaged in an independently established rade, occupation, profession, or business. 3. Contractor has the authority to hire subordinates. 4. Contractor owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 5. Neither Contractor nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. 7. Conuactor shall not be entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this Agreement to the Contractor include: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. 8. Contractor is an independent contractor for purposes of the Idaho Workers' Compensation laws, and shall comply with all applicable Workers' Compensation insurance requirements. 9. Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by Contractor, with the exception of the incidental items to be fumished by City as set forth herein. 10. Contlactor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. PRoFEssIoNAL SERvtcEs AcREEMENT FoR BUII-DING INSPECTION SERVICES PACE 6 oF l8 6. Contractor shall be responsible for payment of any Federal or state taxes required as a result of this Agreement. City of Meridian Attn: Development Services Manager 33 E. Broadway Avenue Meridian, Idaho 83642 Idaho Division of Building Safety Attn: Administrator 1090 E Watertower Street Suite 150 Meridian Idaho 83642 l. Mutual Consent. This Agreement may be terminated at any time by mutual written consent of both Parties. 2. Best Interest of City or Contractor. City may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, City determines that termination of the Agreement is in the best interest of City. Contractor may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, Contractor determines that termination of the Agreement is in the best interest of Contractor. In the event of termination, the non-terminating party shall be entitled to compensation for the services performed per the provisions outlined above up to the effective date of termination. 3 Transition Period Following Termination. Upon written request of City, following the sixty-day notice period described above, Contractor shall provide services as desclibed under this Agreement for an additional thirty (30) business days or for such period as the parties may agree. During the additional thirty-day term, all provisions of this Agreement shall apply, except that City shall compensate Contractor on an hourly basis as established herein' To receive payment, Contractor shall submit to City a detailed invoice, including time tecords containing date, servics provided, and time expended, recorded in 15-minute increments. City shall provide payment to Contractor within thirty (30) business days of receipt of invoice' Changed Conditions, City may terminate or modify this Agreement, in whole or in part, ifective immediatelyupon delivery of written notice to Contractor' or at such iater date as may be established by City under the following conditions: 4 PRoFESSIONAL SERVICES ACREEMENT FoR BUILDN,IG INSPECTION SERVICES J. Notice. Communication between the Building Official and Contractor regarding day-to- day and administrative matters shall occur via e-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed respectively as follows: Either party may change its authorized representative and/or address for the purpose of this paragaph by giving written notice of such change to the other party in the manner herein provided. K. Termination. PAGE 7 OF I8 b. If any professional license, insurance, bond or certificate required by law, regulation or this Agreement to be held by Contractor to provide the services required by th.is Agreement, is for any reason denied, revoked, suspended, or not renewed; If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the publicl e. Failure of Contractor to comply with the provisions of this Agreement or any applicable Federal, state or local laws and rules. f. If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; g. Ifjustified, documented complaints are made against Contractor or its agents for failure to provide services as specified herein or failure to perform duties in a courteous and professional manner; h. If Contractor fails to perform any of the provisions of this Agreement, or fails to perform work under this Agreement in accordance with its terms, and after receipt of written notice from City fails to correct such failures within fourteen (14) business days or other period as specified; or If the City Council determines that immediate termination of the Agreement is in the best interests of the City, including but not limited to a determination by the City Council that the obligations under this agreement would violate Article VIII, Section 3 of the ldaho Constitution as a result of the City's failure, neglect, or refusal to appropriate sufficient funds as may be required for City to continue to perform its obligations under this agreement. C l. L. Time of the Essence. Time is of the essence in Contactor's performance of each and every obligation and duty under this Agreement. M. Nonwaiver. A waiver of any right, remedy or provision provided in this Agreement or by law shall not constitute a waiver of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. The rights and remedies provided herein are not exclusive and are in addition to any other rights and remedies provided by law or PROFESSIONAL SERVICES AOREEMENT FOR BUILDINO INSPECI'ION SERVICES PACE 8 oF l8 a. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement; d. Falsification of records by Contractor: under this Agreement. City shall not be required to reinstate any provisions of this Agreement following a waiver for the provision to be effective in any other instance. N. Liability. City and Division each shall be responsible only for the acts omissions or negligence of its own officers employees or agents. Nothing in this Agreement shall extend the responsibility or liability of either City or Division beyond that required by the Idaho Tort Claims Act Each party shall defend itself against any claims that arise solely from wrongful acts omissions or negligence of its officers employees or agents in the course of the performance of this Agreement but shall not assume responsibitity for the acts omissions or negligence of the other party or the other party's officials employees agents and volunteers. Each party shall promptly notify the other party of any claim arising under this Agreement and shall cooperate fully with the defending party or its representatives in the defense of such claims. O. Assignment. The Contractor may not subcontract, assign, or transfer any right or duty arising hereunder without the prior written consent ofthe City. Any subcontractor, transferee, or assignee shall be bound by all of the terms and conditions of this Agreement. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian. The provisions of this Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns. P. Severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. Q. Entire Agreernent; Modification, This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement, and supersedes all prior agreements, understandings, negotiations, representations, and discussions, whether verbal or written, of the parties pertaining to that subject matter. The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. R. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this Agreement, on the grounds of race, gender, religion, national origin, sexual orientation, marital status, disability, or age. S. Survival. All provisions of this A$eement which contain continuing obligations shall survive its expiration or termination. T. Attorney Fees. In the cvent an act.ion, suit, or procccding, including appcal therefrom, is brought for failure to observe any of the terms of this Agreement, the non-prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disburscments for said action, suit, proceeding or appeal. PRoFESSIoNAL SERVICES AGREEMENT FoR BUILDING INsPEcrloN sERvIcEs PAGE 9 oF l8 V. Exhibits, All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. W. City Council Approval Required. This Agreement shall not become effective or binding until approved by the Meridian City Council. IN WITNESS WIIEREOtr', the parties cause this agreement to be executed as of the day and year first above. IDAHO DTVISION OF BUILDING SAFETY: C. Kelly e,A inistrator CITY OF MERIDIAN: Tammy Mayor Attest: ee man, City Clerk .< EDALIc' !: i'{L '., 1 I) PRoFEssIONAL SERVICES AGREEMENI FOR BUILDING INSPECTION SERVICES PACE 10 oF 18 U. Governing Lawl Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this Agreement shall be brought and conducted solely and exclusively with the Fourth Judicial District Court ofAda County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. _) Sfu\L EXHIBIT A SCOPE OF SERVICES Overview: Contractor shall perform detailed building inspections for any and all projects that have received a building permit for commercial and residential prqects in the City of Meridian to ensure compliance with all curent codified or ordained codes of the Ci1y. Contractor shall provide notices to the permit holder and the City of any violation, and order conection of any such violation. L SERvrcEs PRovrpEp By CoNTRACT0R. A. Inspection. Contractor shall perform detailed building inspections for any and all projects that have received a building permit for commercial and residential projects in the City of Meridian. Contractor shall verify and ensure that all projects are inspected and meet or exceed minimum compliance with all current codified or ordained codes of the City. Contractor shall provide notices to the permit holder and the City of any violation; and order correction of any such violation. B. Verification. Contractor shall field verify that all property pins are present, strings exist, setbacks and easements are verified and correct, and that the foundation elevations match the approved and recorded subdivision plat, special notes on plat, and/or City drainage documents, records or agreements in the subdivision between the City and the contractor. C. Special inspection reports. Contractor shall verify that all special inspection reports have been received and meet or exceed minimum code requirements before final inspection is passed in the Accela database. D. Aging Inspections. Contractor shall be directly responsible to close all aging inspections as identified in the Accela database, or by city staff for which permits are issued. This includes contacting builders, owners, tenants, and others to obtain permit closure before issuance of certificate of occupancy. Contractor shall verify code compliance for all building permits issued and to obtain compliance on expired permits. E. Field Inspections. Contractor shall perform field inspections to verify and.incorPorate the requirements of plan review. Each and every ficld inspection rcquested between l2:00a.m. and 8:00a.m. on aCity business day shall be performed that day. Each and every field inspection requested between 8:00 a.m. and 1 1:59 p.m. on a City business day shall be performed the next business day. Each and every field inspection requested on a non-business day shall be performed the next business day. F. Certification of Project Value. Contractor shall review submitted Certificates of Valuation for all projects to ensure accurate valuation. If project scope change occurs, Contractor shall notify the Building Official so that proper adjustments in submittals and valuations are achieved. PAGElloF18 PROFESSIONAL S ERVICES AOREEI!,IEN"T FoR BUTLDTNG INSPECTIoN SERVICBS L Code Amendments and Technological Advancement, Contractor shall monitor legislation and technical developments that may affect the building industry. This may include, but shall not be limited to, attending meetings, conferences, workshops, and training sessions to become and remain current on principles, practices, and new developments. Contractor shall be responsible for all associated costs. J. Code Compliance. Contractor shall assist City in enforcing appropriate ordinances, including the Flood Damage Prevention Ordinance, and other ordinances related to land use, building sites, and building uses. Contractor shall report to the City of Meridian Building Official any observed violations of City Code of whioh Contractor has knowledge as well as the curent International Building Codes adopted by City. Contractor shall collaborate with City personnel on the investigation and enforcement of civil and/or criminal penalties for uncorrected violations. K. Process and Performance Standards, Contractor shall provide services in accordance with the following process and performance standards: l. Contractor shall perform all building inspections for commercial and residential projects, from initial inspection through final inspection. City shall provide all pass/fail inspection tags, and notices for Contractor use. 2. Inspection requests received prior to 8:00 a.m. on a business day shall be performed the same business day. If the request is received on a non-business day, the inspection shall be performed the next business day. 3. Contractor shall sign off final building inspection for Certificate of Occupancy, Temporary Certificates of Occupancy, and Letters of Substantial Completion following satisfaction of all inspections and review of any third party special inspection reports. As appropriate, Contractor shall provide notices ofviolations of applicable standards to permit holders. PRoFESSIoNAI- SERVICES AGREEMEI'ff FoR BUILDTNO INSPECTION SERVICES PAGE l2 oF 18 G. Computerized Permit Tracking Programs. Contractor shall utilize the Tablet PC and Accela Software provided by City to input data regarding the status of tasks related to services provided hereunder into the tracking database, including, but not limited to, field inspections and re-inspections, inspection notes, pass/fail status, and final inspection status. Contractor shall also conduct research as needed for archived information. Contractor shall assess regular or double inspection fees as required. Data entry for every building inspection shall irunediately be entered following the completion of the inspection. H. Administrative Tasks. During Contractor's office hours at Meridian City Hall, Contractor or his designee shall be available to take phone calls, respond to voice mail and e-mail messages, answer questions, and attend meetings upon request of, as needed, or as scheduled by City. Contractor shall respond to voice mail and e-mail messages within one (1) business day. 4. Contractor shall input all building inspection information into the rablet pCs using the City's Accela software immediately following the .inspection. This shall include, but not be limited to specific information related to inspection, correction notices, and re-inspection. Contractor shall perform as many inspections as necessary on any permit. Contractor may assess re-inspection fees, per the adopted fee schedule, if items from a previous coffection notice are not corrected when a new inspection is requested. A. Professionalism. When performing services under this Agreement, Contractor shall be professional in demeanor and in conduct, and to that end shall at all times: l. Display a City-issued contractor photo identification badge 2. Provide a City-issued business card during field inspections, as appropriate. 3. Dress professionally. While performing services for the City of Meridian, the Contactor, its subcontmctors, if any, and all employers working under this contract shall not advertise on clothing or vehicles (logos, graphics, etc.) any business other than the State Division of Building Safety. 4. Wear appropriate clothing and safety gear to protect from personal injury B. CARE Principles. City expects all contract personnel, including Contractor, to in good faith and to the extent reasonably required perform services in accordance with the City's four organizational values and corresponding behaviors, identified by the City as significant and vital to the success of the City as a whole: Customer Service, Accountability, Respect, and Excellence. 1. Customer Service: Contractor is asked to respond to customers in a genuine, positive, and timely manner; presenting a polite and approachable persona; maintaining composure under difficult circumstances; sharing information regarding the customer's concerns; and following up with customers. 2. Accountability: Contractor acknowledges that each of us is responsible for our own work, choices, and actions. Contractor personnel are asked to be rcsponsible for their actions; actively pafticipate as a team member; make legal and ethical decisions; and provide accurate and curent information regarding expectations, priorities, and accomplishments. 3. Respect: Contractor personnel are asked to be trustworthy and courteous; acknowledge and accept people with diverse opinions and backgrounds; treat all 5 PRoFEsstoNAL SERVICES AGREEMEI'fl FoR Burl-Db,tc INSPECTIoN SERvlcEs PAGE I3 OF 18 II. SERvrcp LEVEL EXPECTATToNS. customers and co-workers fairly, equally, and as you would want to be treated; and avoiding gossip or passing information of a confidential or private nature. PRoFESSIoNAL SERVICES AOREEMENT FoR BUILDI.Io INsPEgrloN SERVICES PAGE I4 oF I8 4. Excellence: Contractor personnel are asked to be professional, flexible, and adaptable to community needs; to increase efficiency as well as effectiveness by looking for ways to improve processes; and to provide feedback regarding processes or proposed changes. EXHIBIT B TABLET PCs AND RELATED EQUIPMENT ISSUED TO CONTRACTOR 8942 Motion Computing Tablet 8947 Motion Computing Tablet 100658 Lenovo Laptop Computer and cable kit 109007, 100554 Dock Station 8860, 9556 Inverter PRoFEssToNAI- SERVTCES AGREEMEI.Ir FoR BUILDING INSPEC ON SERVICES PAoE l5 oF l8 EXHIBIT C PAYMENT SCHEDULE BUILDING INSPECTION - PAYMENT SCHEDULE Type of Permit Milestone Amount to be paid Commercial - New Commercial - TI Commercial - Shell Only Commercial - Multi-Family Residential - New Residential - Multi-Family Permit issuance 1007o of fees due Contractor All other permit types Permit issuance 1007o of fees due Contractor PRoFESSToNAL SERvtcEs AGREEMENT FoR BUILDTNC INSPECNON SERVICES PAGE I6 OF I8 EXHIBIT D FEE SCIIEDULE Building Fee Schedule 0i. Application fee's (All plan review application fees are non-refundable. Fees will be applied to building permi| Residential (additions, remodels, garages, sheds, orher misc.).... . . . ..950.00 Residential (new projects)...$150.00 Commercial (tenant improvement) Commercial (new project).......... Floodplain......... .$150.00 $500.00 $2s.00 02. ResidentiaVCommercial Valuation -The per square foot project valuation is based on the current Intemational Code council building valuation data (BVD) table published in the Building Safety Journal. The permit fee is established by multiplying this square foot valuation (per $1,000 or fraction thereof) by $5.50. In addition, a $50.00 base permit fee is applicable and will also be added to all permits. 03. ResidentiaUCommercial Permit Fee's - $50.00 base fee plus $5.50 for each $1,000 of project value or fraction thereof. 04. Re-Revie Re-stamping and all extra stamped sets Residential (all ).............,...... Commercial ltenant improvementj .$s0.00 05. Permit Extensions after 180days (Non-Refundable. Will notbe applied to permit fee) Residential (all).. . Commercial (tenant improvement).........,....... Commercial (new project). .. .. ...............$500.00 06. Permit Expires (after 180 days) - Application fee is forfeited. New Application fee required. s 100.00 s150.00 .$s0.0008. Woodstoves 09. Mobile Home Set Up Fee ....................s50.00 10. Inspection Card Replacement (all lost or destroyed field inspection card)......$50.00 PRoFESSIoNAL SERVICES AGREEMENT FoR BUTLDING INSPECTION SERVICES PACE 17 oF 18 5I I 1. Failure to post inspection record at job site. trades. Re-Inspection fees will apply for all 12. ContractorChangeafterpermitissue............... ...........,.......$50.00 13. Commercial plan check fee - 657o of Building Permit Fee 14. Re-Inspection Fees - $45.00 for first re-inspection. $90.00 double re-inspection fee. Construction without permit - Double permit fees will be the minimum charge assessed. PRoFEsSIoNAL SERvlcEs AcREEMEI\'T FoR BUILDTNG INSPECTTON SERVICES PAGE l8 oF l8 Meridian City Council Meeting DATE: October 24, 2017 ITEM NUMBER: 6J PROJECT NUMBER: ITEM TITLE: Approval of PO # 18-0069 for Commercial and Residential Building Plan Examiner Services FY 18 to Idaho State Division of Building Safety for the Not -to -Exceed amount of $219.752.88. This Purchase Order is issued in conjuntion with the Professional Services Agreement with Idaho State Division of Building Safety dated Sept. 22, 2015. MEETING NOTES Rr pVP�UYEU 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: C, Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager GG: Bruce Freckleton Datet 10116117 Re: October 24 City Council Meeting Agenda ltem The Purchasing Department, on behalf of the Building Department, respectfully requests that the following item be placed on the Oclober 24h City Council Consent Agenda for Council's mnsideration. Aooroval of PO #18-0069 for Commercial & Residential Bu itdi no Plan Examiner Services FY18 to ldaho State Division Buildino Safetv for the Not-To-Exceed amount of $219,752.88. This Purchase Order is issued in conjunction with the Professional Services Agreement with ldaho State Division of Building Safety dated Sepl.22,2015. Recommended Gouncil Action: Approval of PO # 18{069 and authorize the Purchasing Manager to sign for the Not-To-Exceed amount of $219,752.88. Thank you for your consideration . Page 1 Gity ot Meridian Purchasing Dept. E IDIAN CITY OF MERIDIAN 33 EAST BROADWAY AVE. MERIDIAN, ID 83642 (208) 888-4433 Vendor Address: IDAHO DIVISION OF BLDG SAFETY 1O9O EAST WATERTOWER ST, STE 150 MERIDIAN, ID 83642 Description Commercial & Residential Building Plan Examiner Services FY'18 Special lnstructions PUrChaSe Order 1ot16t2017 Attention: BruceFreckelton Attn: Finance 33 E Broadway Ave Meridian, lD 83642 '18-0069 Shipping Address: 33 E Broadway Ave Suite '102 Meridian. lD 83642 Shipping Method: FOB: Unit dollars Contractor desination Quantity Unit Price 2197 52.88 Purchase C)rder Total Total 219,7s2.88 $219,752.88 Contract PO - Commercial & Residential Building Plan Examiner Services -Approved by Council 9122117 (tor 3 yrs) & Amend 7/1 /1 7. Notto-Exceed $21 9,752.88. 01 -1 940-55201 Case #57986 Billing Address: 1.00 Purchasing Manager:_ Division Code Account Code Account Description 4f2OO Wages 47270 Overtime Wages 42027 FICA (7.650/o\ 42022 PERSI 42023 Workers'Comp 42025 Employee lnsurance Total Personnel 53360 Software Maintenance 54L2O Electronics Expense (under 55000) 55201 Building lnspections 55202 Mechanical lnspections 55203 Electrical lnspections 55204 Plumbing lnspections 55205 Fire lnspections 56103 Pagers/Radios/Communications 56200 Cellphone Expense 572OO Employee Seminars/Training 57202 Travel - Transportation 57203 Travel - Lodging 57204 Travel - Per Diem 60101 Dues,Licenses,Publications Total Operating Costs 49000 Personneltransferlnterfund Total Transfers Total Building Department s 1,745,es8 s (1,714,38s) s 1,e70,8e3 s 2,003,s05 s (s7,2s4) s st,zsq s (ss,4s1) s (ss,4s1) s (s7,2s4) 5 st,zsq s (ss,4s1) s (ss,4s1) 5 2,L4s,922 S (1,5s7,131) 5 t,gtt,qqZ 5 2,424,062 FY 2017 Final Budget FY 2018 Adjustments FY 2018 Final Budget L940 1940 1940 7940 1940 1940 1940 1940 1940 1940 L940 7940 1940 1940 1940 1940 1940 7940 1940 1940 1940 l-940 7940 1940 1940 Division Name Building Department Building Depa rtment Building Department Building Department Building Department Build ing Department Building Depa rtment Building Department Build ing Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department Building Department 3r.0,850 s 332 s 23,602 s 34,924 s 7,260 s 85,200 s s s ) ) S s S S s s s s 5 S S s S 324,53L 332 24,852 38,789 t,329 90,L74 S 4s6,u8 S s S 48o,oo7 s S S S s s S s s s 5 s s S s s S s s s S S s S S S S 3,213 915,537 285,550 1s9,250 191,100 4L5,643 (2,280], 350 500 400 430 10/16/201711:00 AM 1of 1 F18UDGEnFY20l8\CD - Building Department_1940\FY2018 Budget_Bldg Dept_1940 r2,s43 5 Ss005 S 6so,47s s (650,475) 5 292,soo s (292,s00) s 152,soo s (162,s00) s 19s,000 5 (19s,000) 5 413,910 5 (413,910) S 7,680 s s 1,800 s s 3,7sO s s 1,s00 s s 1,400 s s 760 s s 2,680 s s FY 2017 One- Time L5,756 500 9L5,637 286,650 1s9,250 191,100 415,643 5,400 1,800 4,100 2,000 1,800 1,190 2,680 CIry OF MERIDIANIAN @ CITY OF MERIDIAN Community oevelopment Purchasing oeparknent 33 E BROADWAY AVE, STE 106 MERIDIAN, ID 83642 TEL (208) 449-04'17 FAX (208) 8E7-4813 9t26t2017 IS REQUIRED? N/A CASE MANAGEMENT TICKET NO. 57986 SUGGESTED VENDOR ldaho Division of Building Safety '1090 East Watertower Street, Suite 150 Meridian, lD 83642 DATE OF REOUEST AVAI Purchase Requisition PURCHASE ORDER NUi'8ER MUSTAPPEAR ON ALL INVOICES, PACKING STIPS, CARTONS ANO CORRESPONOENCE RELA'IED TO IHIS OROER PROJECT MANAGER F,O.B. DESTINATIONBruce Freckleton PAYMENT TERMS NET 30 FREIGHTTERMS PREPAID REQUESTOR Kim Tabarini PROJECT NAME: Request new PO for Commercial and Residential building plan examiner services I $1 1940 55201 $219, ?s2. B8Reqrest for new PO for Commercial and Residential building plans examiner services $ $ $ $ $ $ $ $ $ s219,752.88 NOTES: Council Approval Date Previous PO#17-0077 & 17-0358 Purchasing/Finance to calculate split of G/L budget of $915,637.2O between Plan Review and lnspections rul 6e*579a5 tur i^spedions AUTHoRIEO COUNCIL STGNATURE atr @iEd) Description of Purchase FUND nd PricingQuantity a ACCOUNTING CODES IIIIII PART NUMBER ' DESCRIPTION / COMMITMENT NAME 'TASK ORDER / CONTRACT ' PROJECT DESCR!PTION DEPT EXPENSE OR PROJECT/ CODE GLACCOUNT# COMMITMENT#OTY UNIT UNIT PRICE BIIDGF TOTAL AMOUNT t ft f---_l I- tt ffi tt PROFESSIONAL SERVICES AGREEMENT BETWEEN IDAHO DIVISION OF BUILDING SAFETY, INC. AND CITY OF MERIDIAN FOR COMMERCIAL AND RESIDENTIAL BUILDING PLANS EXAMINER SERVICES WHEREAS, the Division is self-goveming agency of the State of Idaho having statutory authority under Idaho Code sections 39-4107 and 67 -2601A to enter into contracts with a local government or municipality for the purpose of performing building inspection services; and WHEREAS, the City is a municipal corporation created under the laws of the State of Idaho and as such, is authorized by Idaho Code sections 39-4103 and39-4116, Idaho Code to adopt and implement a building code enforcement program, and having duly adopted such ordinances and established in its City Code a building code for the purpose ofprescribing the slandards of all structures constructed in its jurisdictioni and WHEREAS, the City is authorized by Idaho Code sections 50-301 and 39-4116 to enter into contracts for the purpose of implementing such ordinance or codes; and WHEREAS, both Parties are a "Public Agency" and statutorily authorized by Idaho Code sections 67-2326 throlgh 67-2333 to cooperate to their mutual advantage to make the most efficient use of, and to exercise jointly the authority to perform inspections of building construction and rcnovation in their jurisdictions, and to enjoy all the benefits and authority contained therein those sections; and WHEREAS, the City Council of City finds that it is in the best interest of the health, safety, and welfare of the people of the City of Meridian to enter into this Agreement with Coltractor; and WHEREAS, the Division though applicablc statutory authority and pursuant to the terms of this A$eement has also determined that it is in the best interest of the Division to enter into such an Agreement. WHEREAS, subject to the covenants and conditions set forth herein, the City and the Division desire to memorialize the contractual relationship between the parties in this Agreement; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, Contractor and the City hereby agree and contract as foilows: This PROFESSIONAI SERVICES AGREEMENT BETWEEN IDAHO DIVISION OF BUILDING SAFETY, INC. AND CITY OF MERIDIAN FOR COMMERCIAL AND RESIDENTIAL BUILDING PLANS EXAMINER SERVICES ("Agreement") is made and entered into thisJJ dayof Saplcvr hey' ,2015, by and between IDAHO DMSION OF BUILDING SAFETY ("Contractor") whose address is1090 East Watertower Street, Suite 150, Meridian, Idaho, and the City of Meridian ("City") whose address is 33 East Broadway Avenue, Meridian, Idaho. Contractor and City may hereafter collectively be referred to as "Parties." PROFESSIONAL SERVICES AOREEMENI FoR CoMMERCIALAND RESIDENflAL Butl-Dr,lc pLANs EXAMTNER SERvIcEs PAGE I oF 20 I. RISPoNSIBTLITIES oF CoNTRACTOR. A. Scope of Services. Contractor shall pedorm the necessary services and adhere in all respects to the service level expectations set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein by reference. B. Continuity of Operations, Where, as to any task performed or service provided hereunder, Contractor is unable for any reason to meet the obligations and time constraints set forth in Exhibit A" Scope of Services, Contractor shall engage a duly authorized designee, who shall be: (1) authorized by Contractor to complete tasks and to make decisions on Contractor's behalf, (2) in good standing with all relevant licensing authorities, and (3) hold at least the minimum certifications as per Section I.D below. Contractor shall notify the Building Official of any and all such designations. C. Contractor's Employees. Contractor's employees, designees, subcontractors, and delegees shall be bound by all ofthe terms and conditions of this Agreement, including the service level expectations set forth in Erlribit A, Scope of Sbrvices, and all qualifications required of Contractor hereunder, except as otherwise specified in this Agreement, and except as to clerical or administrative tasks not requiring such qualifications. Within seven (7) business days of execution of this Agreemcnt, and thenceforth within seven (7) business days of hiring or reassigning personnel to provide services hereunder, Contractor shall provide to City a list of all Contractor personnel who are employed or otherwise assigned by Contractor to provide services under this agreement, including such personnel's credentials and qualifications. Upon hiring or reassigning personnel to perform services undet this contract, such personnel may hold minimum certification as required by Idaho Code section 39-4108; within thirty (30) days of hiring or reassigning such personnel, such personnel shall be fully qualified and certified as required herein. City may withhold its consent to such employment, designation, subcontract, or delegation or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian. D. Qualifications. At all times throughout the term of this Agreement, Contractor shall be sufficiently qualified to provide services in the manner and in the timeframe established by this provision and all provisions of this Agreement. Specifically, without limitation, Contractor shall be in good standing with all relevant licensing authorities and shall, at a minimum, hold the following Intemational Code Council (ICC) certifications: L ICC Building Plans Examiner (commercial) 2. ICC Residential Plans Examiner, 3. Idaho licensed structural engineer shall perform peer reviews, provide review comments and specify the neccssary corrections for all of the commercial and residential structural calculations received by the City of Meridian. PRoT.ESSIoNAL SERvICES AGREEMENT FoR CoMMERCIAL AND R-ESTDENTIAL BUILDINC PLANS EXAMD.IER SERVICES PAGE 2 oF 20 i i I I 4. Any and all other certifications required by law. E. Office Hours. Contractor, or Contractor's duly authorized designee, shall commit to being available at Meridian City Hall during City business hours to attend consultations and attend any plan review meetings as needed and as scheduled by the City. F. Cell Phone. Contractor and Contractor's employees shall maintain, at Contractor's expense, a cellulal telephone with voice mail, and shall provide the telephone number thereof to the Building Official G. Prohibited Services; Conflicts of Interest. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property or work that is inspected by Contractor or that falls under the inspection responsibilities of Contractor as contemplated by this Agreement. Contractor is strictly prohibited from referring any work to Contractor, or any company with which Contractor is associated, whether personally or professionally. Contractor's use of any City resource shall be limited exclusively to the work related to this Agreement. Contractor shall repod to the Building Official any potential conflicts of interest it may have relative to a construction project. L State's Insurance. The Division of Building Safety Contractor is a State of Idaho agency and provides liability coverage for public liability personal injury death and property damage through the Risk Management Program established under Idaho Code section 67-5776 which is funded and in effect subject to limitation on liability of the Tort Claims Act Idaho Code sections 6-901 et seq. J. Compliance with Applicable Law and City Policies. Contractor shall comply with all federal, state, City, and other laws and ordinances applicable to services perfbrmed under this Agreement. When performing services under this Agreement, Contractor shall adhere to al1 City policies pertaining to workPlace conduct, including but not limited to policies related to use of City equipment, drug and alcohol policy, computer and electronic equipment usage, and safety. City shall provide notice to Contractor of any amendments or modification of City ordinances adopting or amending relevant codes or policies, K. Electronic Equipment. If the Commercial plans examining tasks are conducted in the City offices, City shatl supply, for Contractor's use in completing tasks and providing PRoFEssIoNAL SERVICES AGREEMENT FoR CoMMERCIAL AND RESIDENIIAL Bu[DNc PLANS EXAMINER SERvIcEs PAGE 3 oF 20 H. Public Records. Contractor acknowledges that all records containing information relating to the conduct or administration of this Agreement and services provided hereunder prepared, owned, used or retained by Contractor are public records, and as such are subject to City's records retention schedule and/or the Idaho public records act. Contractor shall, upon request and within two (2) working days of such request, provide requested information or records to the City Clerk's Office. Contractor shall, upon request, prepare and provide to City all data collected and/or reports prepared regarding services conducted under this Agreement. I services under this Agreement, electronic equipment enumerated in Exlribit B, Desktop PC and Related Equipment Issued. to Contrctctor hereto. Any electronic equipment furnished by City for use by Contractor shall be utilized for the sole purpose of conducting services enumerated under this Agreement. The use of personal electronic equipment, other than cellular telephones is prohibited while in the office. No personal electronic files of any kind may be stored on City-issued equipment. Contractor shall take all necessary measures to maintain ali hardware and software in good working condition. City shall perform all necessary maintenance and repair of City-issued equipment. Contractor shall reimburse City for the cost of any major repair or replacement of City-issued equipment that becomes necessary due to loss, theft, or damage, regardless of cause, except that City shall be responsible for the cost of replacement where necessary due to intemal component failure. Ali City-issued equipment is and shall remain the property of City at all times dunng the performance of this Agreement, and shall be immediately retumed to City in good working condition upon termination or expiration of this Agreement. II, RESPoNSIBUTIES oT CITY. A. Incidental Office Supplies. City shall provide, for Contractor's use in performing services under this Agreement, office space at Meridian City Hall, desk, computers and other electronic equipment, telephone system, business cards, and incidental clerical staff services. City shall maintain ownership of all City equipment provided by the City and made available to the Contractor for this purpose. One soft-bound copy of all adopted codes will be available for shared use at Meridian City Hall. To the extent that Contractor needs or desires additional supplies or services that are not provided by City under this Agreement, such supplies or services shall be provided at the sole cost and expense of the contractor. B. Building Ollicial. City shall designate a City employee to act as a Building Official, which City employee shall act as the City's representative with regard to day-to-day administrative matters related to Contractor's services under this Agreement. City shall provide to Contractor the name, e-mail address, and telephone number of the Building Official. ENERAL PROVISIO A. Term. The term of this Agreement shall be for three (3) years starting on October 1, 2015, and ending on September 30, 2018, unless sooner terminated as provided below. This Agreement term may be extended by separate written addendum, duly executed by both parties. Time is ofthe essence in Contractor's performance of each and every obligation under this Agreement. B. Appropriation. By signing this Agreement both parties understand and agree that Division and City are govemmental entities This Agreement shall in no way or manner be construed so as to bind or obligate Division City or the State of Idaho beyond the term of any particular appropriation of funds by the Idaho Legislature or Meridian City PRoFPssroNAL SERvlcES AGREEMENT FoR CoMMERCIAL AND RESIDENTIAL BUILDING PLANS EXAMINER SERVICES PAGE 4 oF 20 Council as may exist from time to time . Each party reserves the right to terminate the agreement if in its sole judgment the Iegislature of rhe State of Idaho or the Meridian City Council as the case maybe fails neglects or refuses to appropriate sufficient funds as may be required for the Division or City to continue their required performance under the agreement Any such termination shall take effect on sixty 60 days prior notice and be otherwise effective as provided in this Agreement. C. Revenue Allocation. Contractor shall be entitled to the following shares of building permit fee revenues collected by City directly relative to the specific fee schedule adopted by the City of Meridian on the effective date of this contract. If changes or new permit fee schedules are adopted by the City of Meridian, Contractor's payments will not be adjusted and will be payable per the fee schedules in effect on the date of the commencement of this contract (attached hereto as Exhibit D, Fee Schedule): l. 357o of commercial building plan review fees collected by the City, except that the State Division ofBuilding Safety shall not be paid for commercial plan reviews for public schools in the State of Idaho as they are required to perform this service by state statute 39-41 13(4)(b). The City of Meridian will withhold such payment from all commercial public school applications. See exhibit "C" attached. 2. l57o of the commercial building plan review fee for any permit issued for a structure valued at more than two-million dollars ($2,000,000). D. Hourly Rate, For dulies and functions expressly enumerated hereunder as billed hourly, and only upon prior written approval of or written request for such services, Contractor may charge City an hourly rate of no more than $50.00 per hour. City shail not be obligated to pay Contractor an hourly rate for any service provided without City's prior written approval or request. E, Payment. Fees pertaining to services provided under this Agreement shall be collected by City. City shall remit Contractor's share of permit revenucs collected by the City in accordance with Erfr ibit C, Payment Schedule, no later than the tenth (10th) day of the month following attalnment of the specified Milestone. City shall maintain an accounting of all plan review fees and shall Providc to Contractor a full accounting therefor upon request. It is acknowledged by the parties that the City collects plan review fees when permits are issued. Contractor shall not be entitied to payment for permits already pulled and active as of thc effective date of this Agreement, though Contractor shall provide all required plan review services related to such permits ttrough issuance of Certificate of Occupancy. F Liquidated Damages, Contractor shall be liable to the City for any delay beyond the time periods specified in this agreement, in the amount offive hundred dollars (5500.00) for each business 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. PRoFEssroNAL SBRvtcEs AGREEMENT FoR CoMMERctAL AND RESTDENTIAL Butr-DDlc PLANS EXAMINER SERvlcEs PAGE 5 oF 20 G. Records. All records, including those of costs, reimbursable expenses, and pa).ments shall be kept to generally recognized accounting methods and standards and shall be available to the other Party at all times. H. Independent Contractor. 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 shall be deemed an employee of City in any manner or for any purpose. Specifically, without limitation, Contractor understands, acklowledges, and agrees: 1. Contractor is free &om actual and potential control by City in the provision of services under this Agreement. 2. Contractor is engaged in an independently established trade, occupation, profession, or business. 3. Contractor has the authority to hire subordinates. 4. Contractor owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 5. Neither Contractor nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. 6. Contlactor shall be responsible for payment of any Federal or state taxes required as a result of this Agreement. 7. Contractor shall not be entitled to any benefits generally ganted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this Agreement to the Contractor include: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. 8. Contractor is an independent contractor for purposes of the Idaho Workers' Compensation Laws, and shall comply with all applicable Workers' Compensation insurance requirements, 9. Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by Contractor, with the exception of the incidental items to be fumished by City as set forth herein. 10. Contractor will not be eligible for any Federal Social Security, State Worker's Compensation or unemployment insurance payment from the City or charged to City's account. Notice. Communication between the Building Official and Contractor regarding day-to- day and administrative matters shall occur via e-mail or telephone. All other notices required to be given by either ofthe parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed respectively as follows: PRoFEssIoNAL SERVICES AGRBEMENT FoR COMMERCIAL AND TTESDENTAL BUILDING PLANS EXAMINER SERVICES PAGE 6 oF20 I City of Meridian Attn: Development Services Manager 33 E. Broadway Avenuc Meridian, ldaho 83642 Idaho Division of Building Safety Attn: Administrator 1090 E Watertower Street Suite 150 Meridian Idaho 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. J. Termination. 1. Mutual Consent. This Agreement may be terminated at any time by mutual written consent of both Parties. 2. Best Interest of City or Contractor. City may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, City determines that termination of the Agreement is in the best interest of City. Contractor may temrinate this Agreement by providing sixty (60) business days written notice to the other party it at any timc, for any reason, Contractor determines that termination of the Agreement is in the best interest of Confactor. In the event of termination, the non-terminating party shall be entitled to compensation for the services performed per the provisions outlined above up to the effective date of termination. 3. Transition Period Following Termination. Upon written request of City, following the sixty-day notice period described above, Contractor shall provide services as described under this Agreement for an additional thirty (30) business days or for such period as the parties may agree, During the additional thi y-day term, all provisions of this Agreement shall apply, except that City shall compensate Contractor on an hourly basis as established herein. To receive payment, Contractor shall submit to City a detailed invoice, including time records containing date, service provided, and time expended, recorded in l5-minute increments. City shall provide payment to Contractor within thirty (30) business days of receipt of invoice. 4. Changed Conditions. City may terminate or modify this Agreement, in whole or in part, effective immediately upon delivery of written notice to Contractor, o( at such later date as may be established by City under the following conditions: a. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreementi b. If any professional license, insurance, bond or certificate required by law, regulation or this Agreement to be held by Contractor to provide the services PRoFEssIoNAL SERVICES AGREEMENT FoR CoMMERCIAL AND REsDENflAL tsuLDINc PLANS EXAMINER SERVICES PAGE 7 oF 20 required by this Agreement, is for any reason denied, revoked, suspended, or not r€newed; If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; d. Falsification of records by Confactori Failure of Contractor to comply with the provisions of this Agreement or any applicable Federal, state or local laws and rules. f. If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; g. Ifjustified, documented complaints are made against Contractor or its agents for failure to provide services as specified herein or failure to perform duties in a coudeous and professional manner; h. If Contractor fails to perform any of the provisions of this Agreement, or fails to perform work under this Agreement in accordance with its terms, and after receipt of written notice from City fails to corect such failures within fourteen (14) business days or other period as specified; or If the City Council determines that immediate termination of the Agreement is in the best interests of the City, including but not limited to a determination by the City Council that the obligations under this agreement would violate Article VItr, Section 3 of the Idaho Constitution as a result of the City's failure, neglect, or refusal to appropriate sufficient funds as may be required for City to continue to perform its obligations under this agreement. K. Time of the Essence. Time is of the essence in Contractor's pedormance of each and every obligation and duty under this Agreement. L. Nonwaiver. A waiver of any right, remedy or provision provided in this Agreement or by law shall not constitute a waiver of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. The rights and remedies provided herein are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. City shall not be required to reinstate any provisions of this Agreement following a waiver for the provision to be effective in any other instance. M. Indemnity. City and Division each shall be responsible only for the acts omissions or negligence of its own officers employees or agents. Nothing in this Agreement shall extend the responsibility or liability of either City or Division beyond that required by the PRoFEssloNAL SERVICES AGREEMENT FoR CoMMERCTAL AND I{ESIDENIAL BULDING PLANS EXAMINER SERVICBS PAGE 8 oF 20 c Idaho Tort Claims Act Each party shall defend itself against any claims that arise solely from wrongful acts omissions or negligence of its officers employees or agents in the course of the performance of this Agreement but shall not assume responsibility for the acts omissions or negligence of the other party or the other party's officials employees agents and volunteers. Each party shall promptly notify the other party of any claim arising under this Agreement and shall cooperate fully with the defending party or its representatives in the defense of such claims. N. Assignment. The Contractor may not subcontract, assign, or transfer any right or duty arising hereunder without the prior written consent of the City. Any subcontractor, transferee, or assignee shall be bound by all of the terms and conditions of this Agreement. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed faosaction would not serve the best interest of the City of Meridian. The provisions of this Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns. P. Entire Agreement; Modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement, and supersedes all prior agreements, understandings, negotiations, representations, and discussions, whether verbal or written, of the parties pertaining to that subject matter. The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. Q. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this Agreement, on the grounds of race, gender, religion, national origin, sexual orientation, marital status, disability, or age. R. Survival. AII provisions of this Agreement which contain continuing obligations shall survive its expiration or termination. S. Attorney Fees. In the event an action, suit, or proceeding, including appeal therefrom, is brought for failure to observe any of the terms of this Agreement, the non-prevailing party sha1l be responsible for the prevailing party's attomey's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. T. Governing Lawl Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Idaho without resort to any judsdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this Agreement shall be brought and conducted solely and exclusively with the Fourth Judicial District Court ofAda County for the State PRoFESSIoNAL SERVICES ACREEMENT FoR COMMERCIAL AI\D RFJIDENTIAL BUILDING PLANS EXAMINER SERVICES PAGE 9 oF 20 O. Severability. The invalidlty or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be constnred in all respects as if any invalid or unenforceable provision were omitted. of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. U. Exhibits, All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. V. City Council Approval Required. This Agreement shall not become effective or binding until approved by the Meridian City Council. IN WITNESS WHEREOF, the parties cause this agreement to be executed as of the day and year fi.rst above. IDAHO D - a F BUILDING SAFETY: C. Kelly Pearce, Administrator CITY OFMERIDTAN: Tammy Attest: aycee , City Clerk PRoFESSIoNAL SERVICES AGREEMENT FoR CoMMERCIAL AND RESDENTIAL BI,,ILDtr.IO PLANS EXAMTI.IER SERVICES PAGE IO OF2O ,s NID SEA]- EXHIBIT A: SCOPE OF SERVICF,S I. CoMMERCIAL PLANS EXAMTNATToN SERvrcEs A, Overview, Contractor shall perform building plan reviews, structural plan reviews and review of structural calculations on every commercial project submitted to the City. Contractor shall verify through plan review and plan review corrections that all project submittals meet or exceed the minimum life safety compliance of the adopted lnternational Building Code and other resources and reference materials or codes adopted by City. Plan review shall include, but shall not be limited to, determination of a legal parcel, site setback and easement verification, fire separation requirements, sructural calculations, energy, accessibility, re-submittals and ADA compliance for any and all commercial building projects in the City of Meridian. Commercial plan reviews shall ensure and verify that all commercial construction documents submitted to the City for the purpose of a building permit meet or exceed all current codified or ordained codes of the City prior to permit issuance. It is the City's preference that Contractor utilize commercial building plan review software, checklists and that computer generated reports be provided to City and applicants, to ensure accuracy and consistency of all plan reviews. B. Plan Review and Compliance Reports. Contractor shall perform building plan review and structural plan review for all commercial building submittals, sheds, accessory structures, additions, alterations, remodels, and temporary use permits. Conhactor shall communicate and coordinate commercial plan reviews and re-submittals with the City Community Development staff, City Planning staff, City Public Works staff, as well as Meridian Fire and other fire plan reviewers prior to permit issuance to ensure that the requirements in Section I. Overview, above, are met, as a minimum. A compliance report shall be generated and provided to the design professional in responsible charge, and electronically saved in the City archives for every commercial submittal, and for every set of structural calculations received by the City of Meridian. C. Certification of Project Yalue. Contractor shall review and approve submitted Certificates of Valuation for all projects to ensure accurate valuation. Contractor shall collaborate with appointed Building Official for the City to compute plan review fees and establish total building permit fees prior to permit issuance as needed. E. Administrative Tasks. During Contractor's office hours at Meridian City Hall, Contractor or his designee shall be avaiiable to take phone calls, respond to voice mail and e-mail messages, answer questions, and attend meetings upon request of, as needed, PRoFEssIoNAL SERVICES AcREEMEtfl toR CoMMERCTALAND RESTDENTIAL BUIDING PHNS EXAMINBR SERVICES PAaE 11 oF 20 D, Computerized Permit Tracking Programs, Contractor shall utilize the Accela Software provided by City to provide data entry and comments related to plal review workflows. Every time a plan review is delayed and a resubmiltal is requested the contractor shall add comments to Accela so City staff is aware of the resubmittal request. Contractor shall also conduct research of archived information as needed for departmental needs. or as scheduled by City. Contractor shall respond to voice mail and e-mail messages within one (1) business day. F. Code Amendments and Technological Advancement. Contractor shall monitor legislation and technical developments that may affect the building industry. This shall inciude, but not be limited to attending meetings, conferences, wotkshops, and training sessions to become and remain current on principles, practices, and new developments. G. Code Compliance. Contractor shall assist City in enforcing appropriate ordinances related to land use, Flood Damage Prevention Ordinance, building sites, and building uses. Contractor shall report to the City of Meridian Building Official any observed violations of City Code of which Contractor has knowledge as well as violations of current International Codes adopted by City. Contractor shall collaborate with City personnel on the investigation and enforcement ofcivil an(Vor cnminal penalties for uncorrected violations. H, Process and Performance Standards. Contractor shall provide services in accordance with the following process and performance standards: a. Contractor shall complete plan review no more than ten (10) business days after receipt of complete application for all commercial applications, unless specifically excluded under this contract as identified under section I(A) herein. b. Contractor shall provide plan review no more than one ( 1 ) business days after receipt of complete application for the following miscellaneous commercial applications; shed, detached accessory structures, patio covers, signs, pools and temporary use permits. c, Contractor shall provide plan review comments, redlines, re-submittal requests and other correspondence via email to design professional of record and to City, and shall archive same in the manner and in the location specified by City. d. City staff shall install the initial electronic plan files into the city database for all projects requiring building plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database. Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. Contractor shall stamp the plan set(s) with appropriate language to signify approval or rejection. Contractor shall provide all stamps used in the review and approval process . 2. Tenant Improvement Projects PRoFESSIoNAL SERVICES AGREEMENT FoR COMMBRCIAL AND RESIDENNAL BUILDING PLANS EXAMD.IER SERVICES PAGE 12 oF 20 e 1 Commercial Projects a. Contractor shall perform plan review for all tenant improvement projects. b. Contractor shall complete plan review Do more than seven (7) business days after receipt of complete application, except when determined by the City, Contractor shall complete "Fast Track Tenant Improvement" projects no more than three (3) business days after receipt of complete application. City will notify Contractor of "Fast Track Tenant knprovement" projects through notification in the City's computerized permit tracking program. Contractor shall provide plan review no more than three (3) business days after receipt of complete application for the following miscellaneous commercial tenant improvement applications; sheds, detached accessory structures, patio covers, signs, and pools. e. City staff shall install the initial electronic plan files into the city database for all projects requiring building plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database. Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction, f. Contractor shall stamp the plan set(s) with appropriate language to signify approval or rejection. Contractor shall provide all stamps used in the review and approval process. II. RESIDENTIAL PLANS EXAMINATION SERVICES. PRoFESSIONAL SERVICES AGREEMENT FoR COMMERCIAL AND RFSDENTIAL BUILDD.{G PLANS EXAMINER SERVICES PAGB 13 oF 20 c d. Contractor shall provide plan review comments, redlines, re-submittal requests and other conespondence via email to all design professionals of record and to City, and shall archive same in the manner and in the location specified by City. A. Overview. Contractor shall conduct building plan reviews on every residential project submitted to the City, and verify through plan review and plan review corections that all project submittals meet or exceed the minimum life safety compliance per the adopted lntemational Residential Code, lntemational Energy Conservation Code and other resouces and reference materials. Plan review shall include, but shall not be limited to, determination of a legal parcel, site setback and easement verification, fire separation fequirements, structural calculations, energy, and re-submittals for any and all residential building projects in the City of Meridian' Residential plan reviews shall ensure and verify that all construction documents submitted to the City, for the purpose of obtaining a building permit, meet or exceed all cunent codified or ordained codes of the city prior to permit issuance. It is the City's preference that Contractor utilize residential building plan rcview software, ctreiktists and that computer genefated reports be provided to City and applicants, to ensure accuracy and consistency of all plan reviews. B, Plan Review. contractor shall perform residential building plan review for all residential building submittals, sheds, accessory structures, additions, alterations and remodels. Contractor shall communicate and coordinate all residential plan reviews and re-submittals with City Community Development staff, City Planning staff, City Public Works staff, as well as Meridian Fire and other fire plan reviewers prior to permit issuance to ensure that the requirements in the overview above are met as a minimum. A compliance report shall be generated and provided to the design professional or designer in responsible charge on each residential submittal and electronically saved in the City archives for every residential submittal and every set of residential structural calculations received by the City of Meridian. Plan review shall verify minimum code compliance with (but not be limited to); soils and concrete, beam and column calculator, floorjoist span verification, deck calculator, truss engineerfurg, tall-wall and shear wall design and engineering, Ioads, bearing point verification, deflection and Res check energy compliance. C. Certification of Project Value. Contractor shall review and approve submitted valuation for all projects to ensure accuracy. Contractor shall collaborate with appointed Building Official for the City to compute fees and establish total building permit fees prior to permit issuance as needed. D. Computerized Permit Tracking Programs, Contractor shall utilize the Accela Software provided by City to provide data entry and comments related to plan review workflow. Contractor shall note Accela of all delays in plan review so City staff is aware. Contractor shall also conduct research of archived information as needed for departmental needs. E. Administrative Tasks. During Contractor's office hours at Meridian City Hall, Contractor or his designee shall be available to take phone calls, respond to voice mail and e-mail messages, answer questions, and attend meetings upon request of, as needed, or as scheduled by City. Contractor shall respond to voice mail and e-mail messages within one (1) business day. F. Code Amendments and Technological Advancement. Contractor shall monitor legislation and technical developments that may affect the building industry. This shall include, but not be limited to attending meetings, conferences, workshops, and training sessions to become and remain current on principies, practices, and new developments. G. Coile Compliance. Contractor shall assist City in enforcing appropriate ordinances, including the Flood Damage Prevention Ordinaince, and other ordinances related to land use, building sites, and building uses. Contractor shall report to the City of Meridian Building Official any observed violations of City Code of which Contractor has knowledge as well as the current Intemational Codes adopted by City. Contractor shall collaborate with City personnel on t}le investigation and enforcement of civil and/or criminal penalties for uncorrected violations. H. Process and Performance Standards. Contractor shall provide services in PRoFESSIoNAL SM,VICES AGREEMENT FoR CoMMERCIAL AND RTSDENTIAL BuILDtrlc PLANS EXAMI.IER SERVICES PAGE 14 oF 20 I accordance with the following process and performance standards: l. Contractor shall complete plan review no more than ten (10) business days after re.eipt of complete application for all residential applications, unless specifically excluded under this contract as identifred under section I(A) herein. 2. Contractor shall provide pian review comments, redlines, re-submittal requests and other correspondence via email to the design consultants and to City, and shall archive same in the manner and in the location specified by City, 3. Contractor shall install the initial electronic plan files into the city database for all projects requiring building plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database, Contractor shall also be rcsponsible to incorporate resubmitted hard copies into plan set(s) issued for construction. 4. Contractor shall perform plan review for compliance with the most current version of "Res Check" and/or prescriptive or performance based energy submittals for the building envelope aud systems for all resi.dential projects. 5. Contractor shall stamp the plan set(s) with appropriate language to signify approval or rejection. Contractor shall provide all stamps used in the review and approval pfocess. III. SERVICE LEVEL EXPDCTATIoNS. A. Professionalism. When performing services under this Agreement, Contractor shall be professional in demeanor and in conduct, and to that end shall at all times: L Display a City-issued contraclor photo idendfication badge 2. Provide a City-issued business card during field inspections, as appropriate 3. Dress professionally. While performing services for the City of Meridian, the Contractor, its subcontractors, if any, and all employers working undcr this contract shall not advertise on clothing or vehicles (logos, graphics, etc.) any business other than the State Division of Building Safety. 4. Wear appropriate clothing and safety gear to protect from personal injury. A. CARE Principles. City expects all contract Personnel, including Contractor, to in good faith and to the extent reasonably required perfonn seryices in accordance with the City's four organizational values and corresponding behaviors, identified by the City as significant and vital to the success ofthe City as a whole: Customer Service, Accountability, Respect, and Excellence. PRoFEsstoNAL SERVICES AGREEMENT FoR CoMMERCIAL AND RESIDENT1AL BUILDNG PLANS EXAMINER SERVICES PAGE 15 OF 20 1. Customer Service: Contractor is asked to respond to customers in a genuine, positive, and timely manner; presenting a polite and approachable persona; maintaining composure under difficult circumstances; sharing information regarding the customer's concerns; and following up with customers. 2. Accountability: Contractor acknowledges that each ofus is responsible for our own work, choices, and actions. Contractor personnel are asked to be responsible for their actions; actively partrcipate as a team member; make legal and ethical decisionsi and provide accurate and current information regarding expectations, priorities, and accomplishments. 3. Respect: Contractor personnel are asked to be trustworthy and courteous; acknowledge and accept people with diverse opinions and backgrounds; treat all customers and co- workers fairly, equally, and as you would want to be treatedi and avoiding gossip or passing information of a confidential or private nature. 4. Excellence: Contractor personnel are asked to be professional, flexible, and adaptable to community needs; to increase efficiency as well as effectiveness by looking for ways to improve processes; and to provide feedback regarding processes or proposed changes. PRoFTssIoNAL SERVICES AGREEMENT FoR CoMMERCIAL AND I(ESIDENTIAL BUILDING PLANS EXAMINER SERVICES PAGE 16 OF 20 EXHIBIT B DESK TOP PC AND RELATED EQUIPMENT ISSUED TO CONTRACTOR 100468 Desktop PC PRoFESSIONAL SERVICES AGRBEMENI FoR CoMMBRCIAL AND RESIDBNTIAL BUILDING PLANS EXAMINER SERVICES PAGE l7 oF 20 ExHrsrr C PAYMENT SCHEDULE PRoFESSIoNAL SERVICES AGREEMENT FoR CoMTGRCIAL AND IIESIDENTIAL BUI.DING PT.A.NS EXAMN.IER SERVICES PAGB 18 oF 20 Type of Permit Milestone Amount to be paid Commercial - New Commercial - TI Commercial - Shell Only Commercial - Multi-Famiiy All Commercial Public School Applications Permit issuance 1007o of fees due Contractor The State Division of Building Safety shall not be paid for commercial plan reviews for public schools in the State of Idaho as they are required to perform this service by state statute. The City of Meridian will withhold such payment from all commercial public school applications. All other commercial permit types 100% of fees due Contractor Residential - New Residential - Multi-Family Permit issuance 100% of fees due Contractor All other residential permit types Permit issuance 1007o of fees due Contractor Permit issuance ExflrBrr D FEESCHEDULE Building Fee Schedule | 01. Application feers (All plan review application fees are non-refundable. Fees will be applied to bui-lding permit) Residential (additions, remodels, garages, sheds, other misc.) Residential (new projects).... ..... ....$50.00 . ........$1s0.00 ........$150.00Commercial (tenant improvement), .. . , ... , ... Commercial (new project)..... .$500.00 Floodplain........ .............. $25.00 02. ResidentiaUCommercial Valuation -The per square foot project valuation is based on the curent Intemational Code council building valuation data (BVD) table published in the Building Safety Journal. The permit fee is established by multiplying this square foot valuation (per $1,000 or ftaction thereof) by $5.50. In addition, a $50.00 base permit fee is applicable and will also be added to all permits. 03. ResidentiaVCommercial Permit Fee's - $50.00 base fee plus $5.50 for each $1,000 ofproject value or fraction thereof. 04. Re-ReviewiRe-stamping and a1l extra stamped sets Residential (all ).. Commercial (tenant improvement)........ .............................$150.00 ...................$500.00Commercial (new project)..,.. 05. Permit Extensions after 180 days (Non-Refundable. Will not be applied to permit fee) Residential (all) .............. ....$100.00 Commercial (tenant improvement).................. ... .. ........ , .. ......$150.00 Commercial (new project).... , .$500.00 06. Permit Expires (after 180 days) - Application fee is forfeited. New Application fee required 07. Demo Fee , $s0.00 08. Woodstoves ........ ..$s0.00 $s0.0009. Mobile Home Set Up Fee . .... 10. krspection Card Replacement (all lost or destroyed field inspection card). . .. ..$50.00 PRoFEssIoNAL SERVICES AGREEMENT FoR CoMMERCIAL AND RESDENflAL BUILDING PTANS EXAMRIER SERVICES PAaE 19 oF 20 ,.......................$s0.00 1 I . Failure to post inspeclion record at job site . trades. Re-lnspection fees will apply for all 12. Contractor Change after permit issue........... , .. . , ... .. ..... , ......$50.00 13. Commercial plan check fee - 657o of Building Permit Fee 14. Re-Inspection Fees - $45.00 for first re-inspection. $90.00 double re-inspection fee. 15. Construction without permit - Double permit fees will be the minimum charge assessed. PRoFEsstoNAL SERVICES AGREEMENT FoR CoMMBRCIAL AND RESDENflAL BULDD,IG PI.ANS EXAMtr.IER SERVICES PAGE 20 oF 20 FIRST AMENDMENT to SEPTEMBER 22,2015 PROFESSIONAL SERVICF,S AGREEMENT BETWEEN IDAHO DIVISION OFBUILDING SAFETY AND CITY OFMERIDIAN ['OR COMMERCIALAND RESIDENTIAL BUILDING PLANS EXAMINER SERVICES This FIRST AMENDMENT TO THE SEPTEMBER 22,2015 PROFESSIONAL SERVICES AGREEMENT BETWEEN IDAHO DIVISION OF BUILDING SAFETY AND CITY OF MERIDIAN FOR COMMERCIAL AND RESIDENTIAL BUILDING PLANS EXAMINER SERVICES ("First Amendment") is made this ? day of A',tqv?+ ,2}ll,by and between Idaho Division of Building Safety ("ContractoL"1, whose uaaEGiObO e;t ' Watertower Street, Suite 150, Meridian, Idaho and the City of Meridian ("City"), whose address is 33 East Broadway Avenue, Meridian, Idaho. WHEREAS, on September 22, 2015, City and Contmctor entered into a Professional Services Agreement Between Idaho Division of Building Safety and City Of Meridianfor Commercial and Residential Building Plans Examiner Seruice.r ("September 22,2O15 Agreement"); WHEREAS, City finds that it is in the public interest, and seeks by this amendment, to authorize the Building Official to divert some submittals from Contractor's workflow for expedited processing by City staff; and WHEREAS, Contractor is amenable to such amendment; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. Effective date. The effective date of this First Amendment shall be July 1, 2017. fl.Exhibit A, Sections II(A) and II(B) modlfied, Sections II(A) and II(B) of the September 22, 2015 Agreement shall be amended to read as follows: A. Overview. Subiect to the exceptions enumerated below. Contractor shall conduct building plan reviews on every residential project submitted to the City, and verify through plan review and plan review conections that all ploject submittals meet or exceed the minimum life safety compliance per the adopted International Residential Code, International Energy Conservation Code and other resources and reference matelials, Plan review shall include, but shall not be limited to, determination of a legal parcel, site setback and easement verification, fire separation tequirements, structural calculatious, energy, and re-submittals for any and all residential building ptojects in the City of Meridian. Residential plan reviews shall ensure and velify that all construction dosuments submitted to the City, for the purpose ofobtaining a building permit, meet or exceed all current codified or ordained codes of the City prior to permit issuance. It is the City's preference that Contractor utilize residentiaI building plan review software,44gl Fnsr AMENDMBNT To SEpTEMBBR 22, 2015 PRoFEsstoNAL SERVICES AGREEMENT PAGE I oF 3 I i I I I I i ! I I I I I I I I I I I I I I I I I checklists, and that computer generated reports be provided to City and applicants, to ensure accuracy and consistency of all plan reviews. B. Plan Review. Contractor shall perform residentiai building plan review for all residential building submittals and remodels the B or hist designee), divert from Contractor's workflow: plan review for submittals related to sheds, acces t[uctures minor residential additions residential alterati n and minor residential remodels. All projects that the City reviews will be stamped by City employees to signify City approval The City will provide the approval stamps as part of the City process. The City will also be directly and solely responsible for all plan changes and resubmittals for the projects the City reviews. The contractor field inspectors will be responsible for comprehensive inspections for all projects that the City reviews and approves per the terms on the Professional Services Agreement "Building Inspection Services" dated September 22,2O15. Contractor shall communicate and coordinate all residential plan reviews and re-submittals with City Community Development stafl City Planning stafl City Public Works stafi as well as Meridian Fire and other fire plan reviewers prior to permit issuance to ensure that the requirements in the overview above are met as a minimum. A compliance report shall be generated and provided to the design professional or designer in responsible charge on each residential submittal and electronically saved in the City archives for every residential submittal and every set of residential structural calculations received by the City of Meridian. Plan review shall verify minimum code compliance with (but not be Iimited to); soils and concrete, beam and columl calculator, floorjoist span verif,rcat.ion, deck calculator, truss engineering, tall-wall and shear wall design and engineering, loads, bearing point verification, deflection and Res check energy compliance. Ill.September 22,2015 Agreement Fully in Effect. The intent and effect ofthis First Amendment is to modify the scope of services provided by Contractor as set forth in the September 22, 2015 Agreement. Except as expressly set forth herein, this First Amendment does not otherwise modify or alter any term or condition ofthe September 22,2015 Agreement in any way. The September 22,2075 Agreement remains in full effect, and all terms and conditions thereof are incorporated into this First Amendment as though fully set forth herein. Fm.sT AMENDMENT TO SEPTBMBER 22, 2OI5 PROFESSIONAL SERVICES AGREEMENT PAGE 2 OF 3 Meridian Caly CouncilMeeting Agenda August 8,2017 - Page285of301 IN WITNESS WIIERJOF, the pamies hereto have executed this Agreement on the Effective Date fimt written above. IDAHO DIVISION OF BUILDING SAFETY: istrator CITY OF BY: tfei*, Fi CN,urlL let;l.wl v City Clerk E o 4 (.h!Attes FEsr AMENDMENT To SBPTBMBBR 22,2015 PRoFtssloNAL SERVIoES AGREBMBNT PAaE3 oF3 i I I I I : I I I I I i l I I i i Meridian City Council Meeting DATE: October 24, 2017 ITEM NUMBER: 6K PROJECT NUMBER: ITEM TITLE: Approval of Award of Bid and Agreement to ANDERSON & WOOD CONSTRUCTION CO. for the TODD WAY & SANDALWOOD STREET LIGHTING project for a Not -To -Exceed amount of $141,095.25. This project is funded by a Community elopment Block Grant (CDBG). MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: E-MAILED TO STAFF CONTRACT FOR PUBLIC WORKS CONSTRUCTION TODD WAY & SANDALWOOD DRIVE STREET LIGHTING PROJECT # 6003.75.RB THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this day of October , 2017, 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 ANDERSON & WOOD CONSTRUCTION CO. , hereinafter referred to as "CONTRACTOR', whose business address is 2120 E LANARK ST. MERIDIAN ID 83642 and whose Public Works Contractor License # is C -10702-U. INTRODUCTION Whereas, the City has a need for services involving TODD WAY & SANDALWOOD DRIVE STREET LIGHTING; 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. TODD WAY & SANDALWOOD DRIVE STREET LIGHTING Project 6003.75.RB page 1 of 13 208-489.0417 Phone: 208-888-7917 Email: info@awconst,com Idaho Public Works License k 10702-U Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other In the manner herein provided_ 35. Approval. Required: This Agreement shalt not become effective or binding until approved by the City of Meridian, CITY F MERI AN ANDERSON & WOOD CONSTRUCTION B gY' ICe+,p, (3,f�, C,,✓�,Z p¢ Dated: —_ Approved by Council: 10 X/7 Attest; C.JAY tOLES, 12ITY CLERK Purchasing Approval t BY: KEITHVWTS, Purcha rng Ma Kager Dated:: Project Manager At Chris k Dated: ---j Departm nt Appr al �-nq�inrrr BY.W REN STEW RT. City Dated.: TODD WAY S SANDALWOOD DRIVE STREET LIGHTING Project 6003.75,Ro page I 1 of 13 Page 1 Memo To: C. Jay Coles, City Clerk From: Keith Watts, Purchasing Manager CC: Al Christy, PW Transportation & Utility Coordinator; Chris Pope CDBG Administrator Date: 10/17/2017 Re: October 24 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 24 th City Council Consent Agenda for Council’s consideration. Approval of Award of Bid and Agreement to ANDERSON & WOOD CONSTRUCTION CO. for the TODD WAY & SANDALWOOD STREET LIGHTING project for a Not-To-Exceed amount of $141,095.25. This project is funded by a Community Development Block Grant (CDBG). Recommended Council Action: Award of Bid and Approval of Agreement to Anderson & Wood Construction Co. for the Not-To-Exceed amount of $141,095.25 and also authorize Purchasing Manager to sign the Purchase Order for the Not-to-Exceed amount $141,095.25. Thank you for your consideration. City of Meridian Purchasing Dept. ENDIAN�- Public IDAHO Works Department TO: Keith Watts, Purchasing Manager FROM: Al Christy Transportation and Utility Coordinator Mayor Tammy de Weerd Chy Council Memberss Keith Bird Joe Borton Lube Cavener Genesis Milam Anne Little Roberts Ty Palmer DATE: October 17, 2017 SUBJECT: TODD WAY AND SANDALWOOD DRIVE STREET LIGHTING, PROJECT NO. 6003.75 - CONSTRUCTION CONTRACT WITH ANDERSON & WOOD CONSTRUCTION CO. FOR $141,095.25. I. DEPARTMENT CONTACT PERSONS Al Christy, Transportation and Utility Coordinator 489-0352 Warren Stewart, City Engineer 489-0350 Dale Bolthouse, Public Works Director 489-0372 II. DESCRIPTION A. Background This project is a Community Development Block Grant ("CDBG") project that was originally approved in 2015 in an effort to increase street lighting throughout the City. This project includes the installation of twenty-five (25) street lights consisting of eleven (11) street lights on N. Todd Way, one (1) street light on N. Glennfield Way and thirteen (13) street lights on W. Sandalwood Dr. This area has been prioritized for street light installation based on citizen requests, walking routes to schools, bus stops, and/or a higher crime presence in the area. The design, pole purchase and fixture purchase has been completed using CDBG funds. Design for this project was completed by Murraysmith, Inc. at a cost of $23,976.00. The pole costs were $10,516.25. The fixture costs were $5,937.50. The poles and fixtures are available for the contractor to pick up and install. The initial budget for this project was $150,000.00. Additional funds of $37,500 have been made avaliable by Chris Pope, CDBG Administrator. B. Proposed Project Page 1 of 2 The project includes installing twenty-five (25) standard residential 46W LED street light fixtures and poles along Todd Way, Sandalwood Drive and Glennfield Way. III. IMPACT A. Fiscal Impacts Funding is available for Todd and Sandalwood Street Lighting for this construction contract. The value of the construction contract with Anderson & Wood Construction Co. is $141,095.25, with $147,070.25 in current funding available in the account. Project Costs: Fiscal Year 2018 Total Project Cost $141,095.25 Project Funding Fiscal Year Account Code / Codes Available Funding 20-1840-85000 $147,070.25 Total Funding Required $141,095.25 B. Annual Power Costs The following calculation is used for power consumption of twenty-five (25) 46W street lights under Idaho Power rate schedule 41 C (non -metered service). 25(lights) x 46W (fixture wattage) x 4,059 (annual hours of operation) / 1000 (kWh) = 4,667.85 kWh 4,667.85kWh X $0.052630 = $245.67 annual power cost or $9.83 per street light. C. Time Constraints Timely installation of the street lights will better serve residents and students in upcoming darker winter months. Approval of this construction contract in a timely manner will ensure this project remains on schedule. Departmental Approval: `5 S Page 2 of 2 CONTRACT CHECKLIST Date: REQUESTING DEPARTMENT Project Name: Project Manager: Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order? Yes No Change Order No. Fund: Budget Available ( Purchasing attach report ): Department Yes No Construction GL Account FY Budget: Task Order Project Number: Enhancement: Yes No Professional Service Equipment Will the project cross fiscal years? Yes No Grant Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach Master Agreement Category (Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License Expiration Date: Corporation Status Insurance Certificates Received (Date): Expiration Date: Rating: A+ Payment and Performance Bonds Received (Date): Rating: A+ Builders Risk Ins. Req'd: Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda: By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final $141,095 Al Christy If yes, has policy been purchased? Contractor - Anderson & Wood Construction Co. III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 20 1840 85000 6003.75 TASK ORDER RFP / RFQ BID VII. TASK ORDER SELECTION (Project Manager to Complete) 10/10/2017 Award based on Low Bid Highest Ranked Vendor Selected VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved Warren Stewart 10/13/2017 October 17, 2017 I. PROJECT INFORMATION 10/10/2017 5/1/2018 N/A 10/13/2017 Public Works Todd Way & Sandalwood Street Lighting V. BASIS OF AWARD 9/29/2017 October 6, 2017 IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION Yes Yes Yes Active (attached) Goodstanding C-10702-U 7/13/2018 CONTRACT FOR PUBLIC WORKS CONSTRUCTION TODD WAY & SANDALWOOD DRIVE STREET LIGHTING PROJECT # 6003.75.RB THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this day of October , 2017, 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 ANDERSON & WOOD CONSTRUCTION CO. , hereinafter referred to as "CONTRACTOR', whose business address is 2120 E LANARK ST. MERIDIAN ID 83642 and whose Public Works Contractor License # is C -10702-U. INTRODUCTION Whereas, the City has a need for services involving TODD WAY & SANDALWOOD DRIVE STREET LIGHTING; 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. TODD WAY & SANDALWOOD DRIVE STREET LIGHTING Project 6003.75.RB page 1 of 13 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 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 NolTo-Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the NolTo-Exceed amount of $141,095.25. 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 Per the requirements of the CDBG Grant, weekly certified payroll reports shall be submitted to the City of Meridian. 2.4 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 TODD WAY & SANDALWOOD DRIVE STREET LIGHTING Prolect 6003.75.RB page 2 of 13 terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. 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 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 60 (sixty) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 90 (ninety) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 lf, through anycause, CONTRACTOR, its officers, employees, oragentsfails to fulfill in a timely and proper manner its obligations underthis Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. ln the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement TODD WAY & SANDALWOOD DRIVE STREET LIGHTING Project 6003.75.RB page 3 of '13 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 liabilityto 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. 6. CDBG Grant Requirements: This project is being funded by a Community Development Block Grant. The Davis- Bacon Act applies to this project and it is the responsibility of the Contractor to comply in all aspects of the law. This contract, will be subject to HUD-401 0 Federal Labor Standards Provisions attached hereto as "Attachment C" and made a part hereof. Paragraph 2 on page 2 of 5 of HUD-4010 states that the City may withhold payment to Contractor for failure to pay wages when due. Davis-Bacon requires wages to be paid not less often than once a week. All subcontractors and any lower tier subcontractors are subject to the same Davis-Bacon Wage requirements as the general contractor. 7. lndependentContractor: 7.1 ln all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 7.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 7.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. lf 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. TODD WAY & SANDALWOOD DRIVE STREET LIGHTING ProJect 6003.75.R8 page 4 of '13 8. Sub-Contractors: Contractor shall require that all of its sub-contractors be licensed per State of ldaho Statute # 54-19O1 9. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. lf, 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 othenvise unsatisfactory, that employee shall be removed from all work under this contract. 10. lndemnificationandlnsurance: '10.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specificallv aqrees that it will maintain throuqhaut the teltn of thls Asleemenl liabilitv tnsurance,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 lnsurance One Million Dollars ($1 ,000,000) per incident or occurrence and Workers' Compensation lnsurance, 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 Contracto/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 lnsurance, 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 priorto the date Contractor begins performance of it's obligations under this Agreement. ln 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 TODD WAY & SANDALWOOD DRIVE STREET LIGHTING Project 6003.75.R8 page 5 of 13 Agent with a copy to [\/eridian City Accounting, 33 East Broadway Avenue, lvleridian, ldaho 83642. '1 0.2 lnsurance is to be placed with an ldaho admitted insurer with a Best's rating of no less than A-. 10.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 10.4 To the extent of the indemnity in this contract, Contractor's lnsurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City orthe City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 10.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 10.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. '10.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 11. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 12. Bonds: Payment and Performance Bonds are required on all Public Works lmprovement 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 ldaho with a Best's rating of no less than A-. ln 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. T.DD wAY & SANDALWOOD DRI'E STREET LIGHTING pase 6 of 13 Prolect 6003.75.RB 13. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 14. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 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. ltems 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. 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 [\/anagement Program (CSWIVP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http://vwwv.meridiancity.qqlenvironmental.aspx?id=1 361 B. 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 priorto final acceptance of the project. 17. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate TODD WAy & SANDALWOOD DRTVE STREET L,GHTING page 7 of .13 Project 6003.75.R8 15. Taxes: 16. MeridianStormwaterSpecifications: ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 18. Reports and lnformation: 18.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 18.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 19. Audits and lnspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 21. Equal Employment Opportunity: ln performing the work herein, Contractor agrees to comply with the provisions of Title Vl and Vll of the Civil Rights Act, Revenue Sharing ActTitle 31 , U.S. Code Section 2'176. 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. ln performing the Work required herein, TODD WAY & SANDALWOOD DRIVE STREET LIGHTING Project 6003.75.R8 Page 8 of 13 20. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and othenrvise use, in whole or in part, any reports, data or other materials prepared under this Agreement. CONf RACTOR shall not unlavvfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 22. Employment of Bona Fide ldaho Residents: Contractor must comply with ldaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide ldaho residents. 23. Advice ofAftorney: Each party warrants and represents that in executing this Agreement. lt has received independent legal advice from its attorney's orthe opportunity to seek such advice. 24. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys'fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 25. ConstructionandSeverability: lf any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 26. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 27. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 28. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR TODD WAY & SANDALWOOD DRIVE STREET LIGHTING Project 6003.75.R8 page I of 13 shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 29. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Managerwill approve the pay request for processing. City of tVeridian 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. 30. Cleanup: 32. Compliance with Laws: ln performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 33. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of ldaho, and the ordinances of the City of Meridian. 34. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian Purchasing Manager 33 E Broadway Ave Meridian, lD 83642 TODD WAY & SANDALWOOD DRIVE STREET LIGHTING ANDERSON & WOOD CONSTRUCTION CO. Attn: Fred Oliver 2120 E Lanark St. Meridian, lD 83642 Project 6003.75.R8 page10 of 13 Contractor shall keep the worksite clean and free from debris. At completion of work and priorto requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 31. Order of Precedence: The order or precedence shall be the contract agreement, the lnvitation for Bid document, then the winning bidders submitted bid document. 208-489.0417 Phone: 208-888-7917 Email: info@awconst,com Idaho Public Works License k 10702-U Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other In the manner herein provided_ 35. Approval. Required: This Agreement shalt not become effective or binding until approved by the City of Meridian, CITY F MERI AN ANDERSON & WOOD CONSTRUCTION B gY' ICe+,p, (3,f�, C,,✓�,Z p¢ Dated: —_ Approved by Council: 10 X/7 Attest; C.JAY tOLES, 12ITY CLERK Purchasing Approval t BY: KEITHVWTS, Purcha rng Ma Kager Dated:: Project Manager At Chris k Dated: ---j Departm nt Appr al �-nq�inrrr BY.W REN STEW RT. City Dated.: TODD WAY S SANDALWOOD DRIVE STREET LIGHTING Project 6003.75,Ro page I 1 of 13 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW.1737.6003.75.R8 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the lnvitation to Bid Package # PW-1737-6003.75.R8, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the ldaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: PLANS Todd Way & Sandalwood Drive Street Lighting by Murray, Smith & Associates dated 05-08-2017 1re pasesl Special Provisions andior Technical Specifications by Murray, Smith & Associates dated 05-08-2017 @qpages) Streetlight construction will be funded by CDBG Federal Grant and requires Prevailing Wages be paid for construction. Prevailing Wage Determination included ensuring accurate engineer cost estimate for the construction phase of the project. o Prevailing Wage Determination (5 pases) TODD WAY & SANDALWOOD DRIVE STREET LIGHTING Project 6003.75.R8 a page '12 of 13 A Exhibit B MILESTONE / PAYMENT SGHEDULE Total and complete compensation for this Agreement shall not exceed $141 ,095.25. lr4ilestone 1 Substantial Completion 60 Days from Notice to Proceed Milestone 2 Final Completion 90 Days from Notice to Proceed Contract includes furnishing all labor, materials, equipment, and incidentals as required for the TODD WAY & SANDALWOOD DRIVE STREET LIcHTING per IFB PW-1737-6003.75 NOT TO EXCEED CONTRACT TOTAL $141.095.25 Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. The City will pay the contractor based on actual quantities of each item of work in accordance with the contract documents. Item No.Description Quantity Unit Unit Price S1 lnstall City provided 25 ft. Pole and LED Fixture - Standard Anticipated MlN. 17 EA $2,s91.26 S2 Conduit and Conductors - Standard 744 LF $43.79 Junction Box - Standard Anticipated MtN.'17 EA $85.47 S4 lnstall City Provided 25 ft. Pole and LED Fixture - Complex 7 EA $2,730.86 s5 Conquit and Conductors - Complex 640 LF $67.51 5b Junction Box - Complex 7 EA $98.38 TODD WAY & SANDALWOOD DRIVE STREET LIGHTING Prolect 6003.75.R8 page 13 of '13 MILESTONE DATES/SCHEDULE PRICING SCHEDULE Contract Pricing Schedule S3 PAYMENTBOND Any singular reference to Contractor, Swety, owner, or otherpart5r shall be considered plural where applicable. Effective Date ofAgreement: October 5, 201 7 Amount (Fieures): $141,095.25 one Hundred Forty one Thousand Ninety Five Dollars and 2sl1 ooDescription 1otrane old Location): Todd way & Sandalwood Drive street Lighting erolect+t oooi.zs.ne BOND Bond Number: CA2'176633 Date (Not earlier than Efective Date of Agreement): october 5, 201 7 Amount: $141,095.25 one Hundred Forty one Thousand Ninety Five Do ars and 251100Modifications to this Bond Form: suretyand contractor, intending to be legallytound hereby, subject to the terms set forth below, do eachcause this Payment Bond to be dury executed by an authorized ohcer, agent, or represeatative. CONTRAI]fORASPRINCIPAL sURxTY CONTRACTOR (i/azr e and Address): Anderson & Wood Construction Co., Inc. 2120 E Lanark StreetMeridian lD s3642 OWNER (ifaze az d Addresg: City of Meridian 33 E Broadwav Ave.Meridian lD a3642 CONTRACT SURETY (llarze, and Address ofprincipat place of Business): Great American lnsurance Company 301 East Fourth StreetCincinnati OH 4izoz (Seal) l/ Attest:vi Witness Anderson & lryood Ccnstru ction Co.lnc (Seal)Great American lnsurance Co mpany Contract or's }Iame and Corporate Seal SuretJr's Name anal Corpora te Seal By:By: Si (Attach Power of Attomey) EYsi S OLi\Er Print Name Attorney-in-Fact Title Attest:{i Signature M thh't, WitrEss Sheila Cook Title Title Note: Provide execution by additional parties, such as joint ventlters, ifnecessary. 2010 ISPM 00615 Modif,ed Frod E ICDC C.6IS perm.Dt BoEd PrEe 1 of3 K Title Elizabeth Schneider Print Name C"L 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successom, axd assiSns to Owner to pay for labor, materials, and equipment fumished by Claimants for usein the performance ofthe Conftact, which is incoryorated herein by reference. 2. With respect to Owner, this obligation shall be null and void ifcontoactor: Promptly makes paymen! directly or indirecfly, for all sums alue Claimantu, and Defends, indemnifies, and holds harmless Owner from ali claims, demands, lierx, or suits alleging non-payment by Contractor by alry person or entity who ftrnished labor, materials, or equipmeit fir usein the performance of the Contract, provided Owner has promptly notifiecl Contractor ancl Surety (at the addresses describeil in Paragraph 12) of any claims, demands, liens, or suits and tendered defense ofsuch claims, demands, 1iens, ol suits to Contractor and Surety, and provided there is no Owner Default. 3. with respect to claimants, this obligation shall be null and void if contactor promptly makes pa),men!dilectly or indirectly, for all sums due. 4. Suety shall have no obligation to Claimants under this Bond until: Claimants who are employed by or have a direct contract with Contraclor have given notice to Surety (at the address described in Paragr_aph 12) ald sent a copy, or notice thereo{to owner, stating thai a claim is being made under this Bond and, with substantial accuracy, the amount ofthe claim] Claimants who do not have a direct contract.\pith Contactor:l Have fumished written notice to Contractor and sent a copy, or notice thereol to Owner; within 90 days after having last performed labor or last fumished materials or equipment included in theclaim stating, with substantial accuracy, the amount of the claim und tt.re nam" of tfr. p".ty towhom the materials or equipment were fumished or supplied or for whom the labor was'done orperformed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any comrnunication from Contractlr by which Contractor had indicated the claim will be paid directly or indirectly; and3. Not having been paid. within.the- above 30 days, have sent a written notice to surety (at theaddress described in paragraph.l?) and sent a iopy, or notice thereof, to o*no, Jutiig'irr"t uclaim is being made under this Bond and encloiing a copy of the previous writteri notice fumished to Contractor, 5' ^ Ifa notice b-y a Claimant required by Paragraph 4 is provided by own6r to Contlactor or to surety, that issufEcient compliance. 6. When a Claimaat has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety'sexpense take the following actions: Send an answer to that Claimant, vrith acopy to Owner, within 45 days after receipt ofthe claim, statingthe amounts that are rindisputed aad the-basis for cldrenging any amounts that are disputed. Pay or anange for payment of any undisputed amounts. 7' _Surety's total obligation shatl not exceed the amount ofthis Bond, and the arnount ofthis Bond shall becredited for any payments made in good faith by Surety. 8' Amounts owed by owner to Contractor und.er the Contact shall be used for the performance of thecontract and to satisfy claims, if any,.-under any performance bond, By conhactor n"irirrrirt *J o*r".accepting this !ond, they agree that all f:nds eamed by contractor in the performance oi in"-coot*t u."dedicated to satisfy obligations of c_ontractor and surety under rhis Bond, subject to o*n..t prio.ffi rr"the firnils for the completion of the Work. 9. Surety shall not be liable to owner, Claimants, or others for obligations of Contractor that are unrelated 2010 ISPWC m6X; Modlfied I}oE EICDC G615 paynetrt Bo[d P^8 2 of3 to the contract owner shall not be liable for payrnent ofany costs or expenses ofany claimant under thisBond, and shall have under this.Bond no obfigations ,o ,Jt" p"yr"rt, tq give notices on beharf of, orotherwise haye obligatio:rs to Claimarrts unO"r Ais nona. 10' surety hereby waives notice.of.any changg incruding changes of timg to the contract or to reratedsubcontracts, purchase orders, and otheiobligaions. i l No suit or action shall be commenced by a Claimant under this Bond other than in a court of comDetentju'isdiction in the rocation in which tle worr. o, fu.r ortrr; ir;*;-i;;;;;#;'#";;#,""",11r"r"year &om the date (i) on which the craimant gave the n"ti"" ."[,i"a uy paragraph 4.r or parugraph 4.2.3,or (2) on which the last rabor or service was.p-errormed uy *yo-* o. ri," Iastiraieriars "..qJi'iir, **.tumished by anyone under the contract, whichev"i "r iri,ir iir first occurs. lr ir-," pr"rirj'*r? trri,paragraph are void or prohibited by raw,.the minimum pe.ioi ot ti-riitution avairrur" t" ,*i"tii. *';;f.*"in thejurisdiction ofthe suit shali be apflicable. ]lljjlit to suety,,owner, or contractor shall be mailetl or delivered to ths addresses shown on theslgnalure page. Acfual receiot ofnotice by surety, owner, or contractor, ho*"r", a""o,nf rir'rr.a,'.nar u"suf[cient compliance as ofthe date received at r]re addrer. .ho*n on ttr" aignafure page. 13' \vhen this Bond has been fumished to comply with a statutory requirement in the location where theconlract was to be per'formed anv provision in rNJn""a *"ni.iirJ witl saia statuiory reqri,=*.,ri'r"n.rr mdeemed delered hirefrom ana ipui:t9": ""rf"-;; ;;:r; .otututory ,"qrir"*ent shall be deemedincorporated herein. The intent isihat this Bond straltlJc;;r;;; ;; a starutory Bond and not as a commonIaw bond. 14' Upon request of any person o1 3lLit1 anp.earinc to be a potential beneficiary of this Bond, contractorshall promptly tumish a copy of rhis Bond oi itiaf f pI*ii, ""iyi" u-" r.,.a". 15. Definitions claimant: Aa individuar or entity having a dircct contract with contractor, or with a first_tiersubcontractor of Contractor, to fumisq q'or, ,nutoiA., o, equip_"nt tor use t i:r, p"id*r*" ofthe contract. The intenr of this Bond sha[ be to in"ira. li,itrr*t ri.Lt"ti", r, tirJ t.#',,-r"m.,materials or equipment,,that paft of water, gas, power, lieht, heat, oil, gasoline, telephone service,or rental equipment used in the contraif *"nit".toJ-rna engineering services required forperformance of the work of contuactor ard contractor,s .;;.#;"t*.;L;'ii "h"?rrlil ",which a mechaaic's Iien may be asserted i" ttre ;uisaiction *h"* ih;^lrb"r; ;",ia-rr, o.equipment were fumished. contract: The agreement between owner and contractor identified on the signature page, including a,Contract Documents and changes thereto. owner Default: Failure of owner, which has neither been remedied nor waived, to pay Contractor as f;3:,Ir: O, the Contuacr, or to perform _a "o.ptuil o. ott"*ir" "o,opfy *ir,"n il"-;;#;_, 208-321-9300 INFOR\{ATI ONLY (Nam er s,Telephone) Uo tseBroker: oFR ON Addres,and oM e o n &Co m npa v263SorDSuretyuilSAgency230DI73 SOwaer'oreer 2010ISPWC 00515 From BICDC C.61silodified Page3 of3 PaymeotXord PERFORMANCE BOND Any singular reference to Contractor, Surety, owner, or other party shall be considered plural where applicable, coNTEACToR ({arn e and Address): suRETy (Narze, oad Address ofprincipal place ofBusinas): Anderson & Wood Construction Co., lnc- Great American lnsurance Company2120 E Lanark StreetMeridian lD ni642 3.01 Easl.Fourth Street OWNER (Naze an d Address): cincinnali oH 45202 City of Meridian 33 E Broadway Ave.l\4eridian lD 83642 CONTRACT Effective Date of Agreement: October 5, 20'17 Amount fFiSures): $141 ,095.25 One Hundred Forty one Thousand Ninety Five Dollars and 25/1ooDescription (Nane 1nd Location): Todd Way & Sandalwood Drive Street Lightin; project# 6003.75.88 BOND Bond Number: CA2176633 Date (Not earlier than Elfecfive Date of Agreement): October 5, 201 7 Amount: $141,095.25 one Hundred Forty one Thousand Ninety Five Doflars and 251100 Modificatiors to this Bond Form: Suety and Conaactor, intending to be legally boundlereby, subject to the tems set forth below, do each causethis Performance Bond to be duly executecl by an authorized offcer, agen! or repfesentative, COI{TRACTORASPRINCIPAI SURETY Andcrson & Wood Construction Co.lnc (Seal) Great American lnsurance Company (Seal)ContractoCs Name and Corporate Seal Surety's N Corporate By:By: Attach of Attomey) Attorney-in-Fact Title Attest:Attest: Signature r,{Sheila Cook WatnessTitleTitle Note: Proyide execution by additional parties, such as joint venturerc, ifnecessary. 2010 IsPwc 00610 Title ,a Modified froE EJCDC C{10 pcrfodr.trc. BoBd Paqc I of3 &Ed rS Cli\E Elizabeth Schneiderft{rN- iffi '1,,44/ Contoactor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successols, and assigns to Owner for the performance of the Contract, whicl is incorporated hetein byreference, I ' If.Contractor perfoms the Contract, Suety and Contractor have no obligation undei this Bond, except toparticipate in conferences as provided in ?aragraph 2.1. 2. Iflhere is no Owner Default, Surety,s obligation under this Bond shall arise after.:2.1 Owner has notified Contractor and Surety, at the addresses desfiibed in paragraph 9 below, thatOuner is considering deolaring a Contractor Default and has requested and attJmited to a6ange a conference with Conhactor and Surety to be held not later than ft days after receipt of such noticeto discuss rnethods of performing the Contt?ct. If Owner, Contractor, and Surety agree, Contractorshall be allowed a reasonable time to perform the Contract but such an a$""r*ni.huil ,roi wuir" - - Orrner's righl ifany, subsequently to declare a Contractor Defaulq and2.2 owner has declared a Contl actor Default and formally terminatei Contractor,s right to complelethe Conhact. Such Contractor Default shall not be detlarect earlier than 20 days ifier Contractor and Surety have received notice as provided in paragraph 2.1; and2.3 Owner has ageed to pay the Balance of the ContraJt piice to:1. Surety in accordance with the terms ofthe Contract; or2. Another contractor selected pursuant to paragmph 3.3 to perform the Contract. 3. when owner has satisfied the conditions ofparagraph 2, Surety sha[ promptly, and at surety,s expense,take one ofthe following actions: 3.1 Arrange for contractor, with consent ofowner, to perform and complete the contract; or 3 2 Undertake to perform and complete the Conhact iiself through its agents o. tt.orjt, ina"p.na"ntcontractors; or 3.3 obtain bids or negotiated proposals fiom qualified conhactors acceptable to owner for a contractfor performance and completion ofthe Con-tuact, arrange for a contaact to be prepared for executionby Owner and contractor selccted with owner's "or",L"r"q to be secured with performance andpayment bonds executed ty a.qualified surety equivalent to the bonds issued ot t6e Contr"4 anapay to owner the amourt of damages as describid in paragraph 5 in excess "i1r. grh;" "rflr"Contract Price incurred by Owner resulting from Contractorbe'fault; or3.4 waive its right to perform and,complete,-an"nge for compretioq or obtain a new contactor, andwith reasonable promplness under the circumstaices: 1. A-fter. investigatior5 determine the amount for which it may be riabre to owner and, as soon aspracticable after the amount is determine4 tender pa).rnent iherefor to Owner; oi2. Deny liability in whole or in part and notif, Ownei citing reasons therefor. 4' If suety does not proceed T pi"yrd..d in paragraph 3 with reasonable promptness, Surery sha, bedeemed to be in default on this Bond.Is auys ano i"clipior un uaaitionut written notice fiom owner toSurety demanding that surety peforn its obligations undeithir nora, *a o*n.r shall be entifled to enforceany remedy available to owner. If Surety proceeds as provided in paragaph :.a, una owner-r"n:ies thepayment tend€red or Surety has denied liability, in whoL or in pa4 without further notice owner shall beendtled to enforce any remedy available to Ownir. 5' After owner has tenninated contractor's right to comprete the contract, and if suety erects to act underPamgraph 3.1, 3.2, or 3.3 above, then the respo=nst ities or surety to owr"r si,at noi t'e ;.;;"; fir;;;"r"of contractor under the contrac! and the responsibilities of owner to surety shall not be [..t"i trr* irror.ofowner under the contracl To the rimit of the amo*t "rtr,ir g"rd, urt,it1."ii. ""r"iimr""t .6,*0;", of the Balance of the conract price to mitigation of costs ;Jl;;g;. * a" c*t u.fi*"ty irluig"t.awithout duplication for: 2010 IsPfYC 00610 Modilied tr'roE E ICDC C-610 perfonD3D ce Botrd Page2 of3 5_1 5.2 The responsibilities of conlractor for correction ofdefec.tive work ald completion of.the contrac! Additional legal, design professional, and delay costs resulting from Conlractor's Defaull and resulting frorn thc actions ofor failure to act of Suety under paragraph 3; ancl Liquida+ed damages, or if no liquidated damages are specified i,, the Conhact, actual damages caused by delayed performance or non-performance ofContractor- 5.3 6. Suety shall not be liable to Owner or others for obligations of Contractor that are uffelated to the Contract, and the Balance of the Conhact 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 bwner or its heirs, execntors, administators, or successoB. 7. surety hereby waives notice of any change, including changes of time, to contact or. to related subcontracts, putchase orders, and other obligations. 8..Aay proceeding, legal or equitable, under this Bond may be institutecl in any court of competentjurisdiction in the localion in which the Work or part of the Work is located, and sh;Il be instiffied;ithin two years after Contractor Default or ivithin fivo years after Contractor ceased working or within 1wo years after Suety refuses or fails to perform its obligations under this Bond, whichevei 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 thejurisdiction ofthe suit shall be applicable. 9. Notice to Surety, Owner', or Contractor shall be mailed or delivered to the address shown on the signature page. i0. Wlen this Bond has been fumished to comply with a statutory requirement in the location rvhere fle Contract was to be performed, any provision in this Bond conflicting witlt said statutory tequirement shall be deemed deleted herefrom and provisions conforming to such itatutory requiremint shall be deemed incorporated hetein. The intent is that this Boncl shall be construed as a statutory bond and not as a common law bond. 1 1. Definitions. 1 1 ' 1 Balance of the Contract Price: The total amount payable by Orvner to Contractor under the Contract after all proper -adjustments have been made, including allowance to Contractor of any amounts received or to be receiyed by Owner in seftlement of insurance or other Claims for damages to which conhactor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract 11.2 contract rhe agreement between omer and contractor identified on the signature page, including all Contact Documents and changes thereto. 11.3 Conhactor Default: Failure of Contractor, which has neither been remedied nor waived, to perfonn or otherwise to comply with the terms ofthe Contract. 11'4 Owner Default Failure of Owner, which has neither been remedied. nor waive4 to pay Conhactor as required by the Contract or to perform and complete or otherwise comply with the other termsthereof F oR INFORMATI ON ONLY (Name Address and Telephone Boise )o reton ID mpany Surety Agency OI Broker l 2 63S Explo reT Dr Suite 2A 0 83713 208-321-9300 Omer's entative or other 20l0IsPwc005l0 Modili€d Frod HCDC C-610 pcrforEeEc. BoDd Page3 of3 GREAT AMERICAN INSURANCE COMPANY@Adminisfativeoffice:3olE4THSTREET.clNclNNATt,oHto4s2oz.5i3-369-sooo.Frysls-72g-274o The numbcr ofp€rsons authorized by this power ofattomey is not more than EIGHI No. 0 15077 KNowALLMIiNBYTHEsEPR-EsENrs: ***i,3il)tTf,lff,ilftlfiIr**.r.or.ony,acorporarionorsanizedadexisrinsunder and by virtue ofthe laws ofthe state ofohio' does hereby-nominate, constitute and appornt the person or persons named belo\ cach individually if more thanone is named, its truc and la$fiI attomcy-in_fac! for it and in its name, place arrd steui t, ^execuie_on beh;lfofthe said companx as surerl any ano alt uonas,underlakings and contracts ofsurEtyship, or other \rritten obligations irlrhc nature thercof; providea that rhe tiabilit],oitt e'sii cl.p"ny on *y ru"t una,undcrlaki.g or contracr ofsureryship c\c(uted under this authoiity shal not exceed the limir stated berow. rINA COLEMAN KIM WARD PHILIP S. WALTER ELIZABETH SCHNEIDER @ t$c 3____ Name VICKI GOECOECHEA COLLEEN THOMPSON GREG EWING MICHELLE SQUIRES Address ALL OF 80lsE, IOAHO Limit of Polycr ALL $100,000,000.00 'fhis Powcr ofAttomey revokes all previous powers issued on lN WITNESS WHERF,OFthe CREATAMERTCAN INSURA omcers and its corporate seal hereunb amxed this Attest behalf of the anomey(s)-in-fact naDed above. NCE COMPANY has caused lhese presents to be signed and atesled by its appropriate20TH day of JUNE iotz ' ' .' GREAIAMERICAN INSURANCE COMPANY ,,,-a.,0)*tC/kLc lrrt o"dlS ror n!. Pt$.lltt srATE oF oHIo, cotJNTY oF HAMILTON - ss: oAvro c. KrrcHrN (877-377-2405) On this 20TH dayof. ._ ]gNE 2917 -,. f{orc.tc pgrsona y app€ared DAVrD C. KITCHTN, ro melnown' being duly suom. deF,oses and says that h€ resrdes in cincinnari. ohto, that hc _is a Di\isional senior \4ce presidenl of rhe Bond Division of creatAmerican Insurance compan!' the comDany described in and n,hich ex"cuteo the iuor",inst urn;afG;, h; ti;;*;;; ;#thl'*io co-prny; tt ur tr,e seut :ff'r':,*"";i'ii:'jfiflff,ti..u"h "o.norat" 'eal; rhat inl'as so affxea tv,rir,o'ity orr,ii "in;;;;;;;;i,; ii;"-f;"r'ura cl',,r-, ".i ,r.,;ir," sg*Jr,i, S[tlA.lotrod ldrrPot Sadorolly6o*ft8{o6tte /^,.*a,(t"* o, **,rJrl'll'-::';tt:lH,,"f f,'rT';:#ri*oritv ol the following resolurions adopred b)' rhe Board of Direcrr.rrs,rGrEar American tnsurance company RES2LVED: 'l hal 'he Ditisional Prcsidenl. the several Divisiohal seniot yice Prcsitlents, Divisional yice presidenrs ahd Diyisonal Assistanr yicePresidents otan' oneofrhen be and hereby is authorized. /mm iii" iiii^i.i iip"i* _*" or nore Attorneys-tn-Fad toexecuk on behaffofthe compny,as surctv anvand atl bonds undertatinls and contracts ofsiretyship. or ohe, i,ii[, o isurion, t, i';;;:,;;;h;;r;i',;"piiiiiii" ,n",, nrp"rtiu" au,i", onalhe rcspective linits ofth?ir authority: ond to rcvoke any such ippo'intn"r, ot oiu'iirr"' RESoLTEDIURIHER'rht'1"--c.oy*:!-:"alondthesignaturc-of?nvo{t!:,i/or:satdolt:ersondanyseoeraryorAssittantsecretaryorhe conpany may be afued bv rdcsi'nile to atN pou)er o1 auorney or ceniicak of;ihe; ;iv"n tor the execirion o! any bind, undeiikng controct o/ stteryship,or othet written oblisotion in the naturc th,reor'.such signarurc ond siar vhei so used'betng heret, "a"p,ia iy ,iii til,iiriiiie orrynot signorure ofsuchoficer and rhe original sealofrte Contp<tnv titi"iiiriiTiliig'i)L,'ii"'iZip'*y"i,t,n"santelorceandellectairhiughnanuattyaffaed. CERTIFICATION *" *".",,,1;,.1#,i,..|"1,",11HJf;,*l;1,#rr..fi;,r?:j.Tiltffil:iljn;T?lXlllfT];r.".l:reb] leniR rhar rhe rore8oins power orArlomey and sisned and seared this 5 o^, * O 6i.3&f . ag l-7z$c C slo29at (06/1s) 3-./,{\W PublicWorks Search i! print Page I of I Comoanv License Work License l-icense Name Number CategoN lvpe Class Status Applicant Owncr Companv Cornocnv Comp3n\ Compjtlj ^, Lxpiration \ame Name Address Qa I{9_- 7;?;; II!!q ffie Parent License Number 00001 00003 (208) 888-,,ttt.ttu reo rCrtve Ybo9 2120 E 43642 713112014 https://web.dbs.idaho.gov/etrakit3/Custom,{ldaho_PublicWorksPrint.aspx 10/1812017 SAM Search Results List of records matching your search for : Search Term : anderson* wood* construction* Record Status: Active ENTITY ANDERSON & WOOD CONSTRUCTION CO., INC.Status:Active DUNS: 063309462 +4:CAGE Code: 0X1U6 DoDAAC: Expiration Date: Aug 31, 2018 Has Active Exclusion?: No Debt Subject to Offset?: No Address: 2120 E LANARK ST City: MERIDIAN State/Province: IDAHO ZIP Code: 83642-5916 Country: UNITED STATES October 18, 2017 1:36 PM https://www.sam.gov/Page 1 of 1 Client#: 4843 ANDERSOWOOACORD,, CERTIFICATE OF LIABILITY INSURANCE COVERAGES REVISION NUMBER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS GERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALT BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT B REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS ER THE COVERAGE AFFORDED BY THE POLICIES ETWEEN THE ISSUING INSURER(S), AUTHORIZED IMPORTANT: lf the certificate holder is an ADDTTTONAL I NSUREO, the policy(ies) musl be endorsed. lf SUBROGATI slatement on this certificate ON lS WAIVED, subiect to does nol confer rights to thethe terms and conditions of the policy, certain policies may require an endorsement, A certificate holder in lieu of such endorsement (s) Moreton & Company. ldaho P.O. Box 191030 Boise, lD 83719 208 321-9300 Michelle Dee I 0 1 7 1 7 0 1 7 L mdee@ m o re to n co m AFFORDING COVERAGE tNsuRER A I Great American lnsurance Compan 22136 rNsuRER B . Great American Alliance lnsuran 26832Anderson & Wood Construction Co., lnc Attn: Fred Oliver 2'120 E Lanark Street Meridian, lD 83642 rNsuRER c. The First Liberly lnsurance Cor 33588 TYPE OF INSI]RANCE THIS IS IO CERIIFY THAT THE POLICIES OF INSURANCE LISIED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATEO. NOTW]THSTAND NG ANY REQUJREMENT, TERIU OR CONOIIIO N OF ANY CONTFiACf OR OTHER DOCUMENT WTH RESPECT TO WHICH IHISCERTIFICATE MAY BE ISSUEO OR MAY PERTAIN. THE INSURANCE AFFO RDED BY THE POLICIES DESCRIAED HEREIN IS SUBJECT TO ALL THE TERMSEXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCEO BY PAID CLAII\,IS x ,000S1000 s300 000xs 10,000 s1 000 000 s2 000 000 s2,000 0 A PAC785658508 PD Ded:1,000 x COMMERCIAL GEIIERAL LIABILITY GEN'L AGGREGATE LIMIT APPLIES PER: Form Atlached cG8470 5/14 x cca4721t10 f4 o""r* "ou"" fil i5"? OTHER: 5101t2017 PERSONAL SAOVINJURY PROOUCTS COMP/OPAGG 05t011201 ENCH OCCURRENCE GENERAL AGG RE GATE NTED s 1,000 000 S x x x EXCESS LlAa B B OED x cAP785658608 nerrrrror s'10000 x AUTOMOBILE LIAEILITY uM8785658708 SCHEOULED NON.OWNEO OCCUR ALL OWNED AUTOS 5t01t2017 5101t2017 BOOILY INJURY (Psr p!6on) COMBINEO05t01t201 05to' 201 EACH OCCURRENCE s'10 0qqpqo 1 0000 00 E L E}CH ACCIOENI sl 000 000 E,L OISEASE, EA EMPLOYEE s1 00 000 c WORKERS COiilPENSANON AND Ei/IPLOYERS' I]ABILITY ANY PROPRIETOR/PARTNER/EXECI]TIVF OFFICER/MEMBER EXCLUDEO?N DESCRIPTION OF OPEFiATIO 1120't7 EL OISEASE. POLICY LIMIT o5t01t20'l x s'1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS Proiect: Todd Way & Sandalwo /VEHICLES (ACORo 101, Addhton.t Romarks Schoddo, m.y b. atrach.d rmore sp.c. ts r.qutred) od Drive Street Lighting Project #6003.75.R8 CERTI TE HOLDER CANCEL N @ 1988-2014 ACORD CORPORATTON. Alt rights reserved. K SHOULO ANY OF THE ABOVE DESCRIBEO POLICIES BE CANCELLED AEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE OELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Meridian Attn: Purchasing 33 E Broadway Meridian, lD 83642 AUTHORIZEO REPRES€NTATIVE ACORO 25 (2014/01) 1of I #s973536/M92s385 The ACORD name and logo are registered marks of ACORD MICDE 't0t0612017 INSURED CERTIFICATE NUMBER: wc62914657050t7 tr&,thJ--p AdministrEtira (x,ices 301 E 4h Streel CiftiffElt (I.1 452@-1201 513 369 5000 pnGru;e11y;*. n I}ISUBAIICE GNOUP This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTTON . - WHO tS AN |NSURED, 2. is amended to include as an insured any person or organization who you are required to add as an additional insured on this Policy under: 1. a written contract or agreement; or 2. an oral agreement or contract where a certificate of insurance showing that per- son or organization as an additional in- sured has been issued; Named lnsured Policy Number: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. cG 84 70 (Ed. 05 14) '?ul ''oc uorlcrulsuoc pooM ? uosrepuv 80s89998ZCVd but the written or oral contract or agreement must be: b. executed prior to the "bodity iniury," 'property damage," or "personal and advertising injury.' However B. The insurance provided to the Additional ln- sured person or organizalion applles only to "bodily injury," "property damage" or "personal or adverlising injury" covered under SECTION I - COVERAGE A - Bodity tnjury and prop- erty Damage and SECTION t - COVERAGE B- Personal and Advertising lnjury, but only with respect to liabitity for ,bodily injury,, "property damage" or "personal and advertis- ing 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; and resulting direcfly from: a. your ongoing operations performed for the Additional lnsured, which is the subject of the written or oral conlract or agreemenl; or b. "your work" completed as included inthe "prod u cts-com pleted operations hazard," performed for the Additional lnsured, which is the subject of the writlen or oral contract or agreement. C. However, regardless of the provisions of paragraph A. and B. above: 1. We will not extend any insurance cov- erage to any additional insured person or organization: a. that is not provided to you in this cov- erage parl; or b. that is any broader coverage than you are required to provide to the Addi- tional lnsured person or organization in the written or oral conlract or agree- ment; and cG 84 70 (Ed. 05/14)(Page 1 of 2) AUTOMATIC ADDITIONAL INSURED . WHEN REQUIRED IN CONTRACT OR AGREEMENT WITH YOU a. currently in effect or becoming ef- fective during the term of this policy; and 1) the insurance afforded to such additional insured only applies to the extenl permitted by law; and 2) if coverage provided to the Ad- ditional lnsured is required by a contracl or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required bythe contract or agreement to provide for such additional in- sured. 2. With respect to the insurance afforded to these Additional lnsured, the following is added to SECTION ttt - LtMtTS OF tN - SURANCE: lf coverage provided to the Additional ln- sured is required by a contract or agree- ment, lhe most r /e will pay on behalf of the Additional lnsured is the amount of insurance: a. required by the contract or agre€ment; or b. available under the applicable Limits o f lnsurance shown in the Declarations: whichever is less. This endorsement shall not increase lhe applicable Limits of lnsurance shown in the Declarations. D. The insurance provided to the Additional In- sured person or organizalion does not apply to "bodily in.iury," "property damage," or ,,per- sonal and advertising injury" arising out of the rendering or failure to render any profes- sional architeclural, engineering or surveying services, including: 1. the preparing, approvlng or failing to pre- pare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders oa drawings or specifica- tions; and 2. supervisory, inspection, architectural or engineering services. E. The Additional lnsured must see to it that 1. we are notilied as soon as practicable of an "occurrence'or offense that may resull in a claimi 2. we receive written notice of a claim or "suil" as soon as practicable; and 3. a request for defense and indemnity of lhe claim or'suit" will promp y be brought against any policy issued by another in- surer und6r which the Additional lnsured may be an insured in any capacily. Thisprovision does not apply to insurance on which the Additional lnsured is a named insured, if the written or oral contracl or agreemenl requires that this coverage be primary and non-co ntribu tory. F. For the coverage provided by this endorse- ment: 1. The following paragraph is added to para- graph 4.a. of the Other lnsurance Con- dition of SECTION lV - COMMERCTAL GENERAL LIABILITY CONDTTTONS: This insurance is primary insurance as respects our coverage to the Addilional Insured person or organization, where the wrilten contract or agreement requires that this insurance be primary and non-contribu- tory. ln that event, we will not seek con- tribution from any other insuranc€ policy available to the Additional lnsured on which lhe Additional lnsured person or organization is a named insured. 2. The following paragraph is added to para- graph 4,b. of the Other lnsurance Con- dition of SECTTON tV - COTiMERCIAL GENERAL LIABILITY CON DITIONS: This insurance is excess over Any of the other insurance, whether pri- mary, excess! contingent or on any other basis, available to an additional insured, in which the Additional lnsured on our policy is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same "occurrence," claim or "suit.,, This provision does not apply to any policy in which the Additional lnsured is a named insured on such other policy and where our policy is required by written conlract or agreement, executed prior to the date of loss, spe- citically requires that this insurance pro- vide coverage to the Additional lnsured on a ptima(y or non -conlribu tory basis. G. This endorsement does not apply to an addi- tional insured which has been added to this Policy by an endorsemenl showing the Addi_ tional lnsured in a Schedule of additional in- sureds, and which endorsement applies spe- cifically to that identified additional insured. This endorsement does not change any other provision of the policy cG 84 70 (Ed. 05/14)(Page 2 ol 2) 0488868 ORIG GREAT AIVIERICAN INS CO OF IMAGE COPY NY 301E4thSlreel Ominrulr 0ll 15202 4201 513 369 5000 phGnE AT4,r r-nnrc,r,v [{slJRAN6C 6n0uP THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modilies insurance provided under lhe followtng: COMI\,,lERC IAL GENERAL LtABtLtTY COVERAGE PART PRODUCTS/COi,4PLETED OPERATIONS LIABILITY COVERAGE PART cG 84 72 (Ed. 01 10) The following is added to Section lV . Conditions: paragraph 8. Transfer of Rights of Recovery Against Olhers to Us of lf lhe lnsured waives any right of recovery againsl any person or organizalion for all or parl of anypayment, including supplementary payments, we make under this policy, we also wajve that righi,provided lhe lnsured waives such right of recovery against such person or organization in a wrlllencontracl or wrilten permil execuled before the ''occurrence," ''bodily injury,,,,,propLrty damage,', offense,or "personal and adverlising injury" lhat took place. This endorsement does not change any other provision of the policy. cG 84 72 (Ed. 01/ 10 ) xS F 8972D \3/2t11) E IDIAN !DAHO BID NAME: Todd W &Sandalwood Dr Street L htin 2:30DATEUDE&IT EM AU UG Ts 13 02 7,| NUMBER: PW-1737-6003.75.R8BID VENDOR !oo dt E Anorzcotl D.rtD-/11, ocs aIIIIIIIIIIIIIIIIIIIIIIIrr III III II r IIIIIII-IIIIII oeeneaavlfuA/-t*- r(r-, Attest: /z%- 't IDSOS Viewing Business Entity IDAHO SECRETARY OF STATE Viewing Business Entity I New Search ] [ Back to Summarv ] a ce rtificate of exi Page 1of 2 Lawerence Denney, Secretary of State STRUCTION CO IN View Imaoe (PDF format) View Imaoe TIFF format) View Imaqe (PDF f rmat) View Imaqe (TIFF format t n r I Monitor ANDERSON & WOOD CONSTRUCTION CO,. ]NC. business filinos l ANDERSON & WOOD CONSTRUCTTON CO., INC. 2120 LANARK ST MER]DIAN, ID 83642 Type of Business: CORPORATION, cENERAL BUSINESS Status: GOODSTANDING State of Origin: IDAHO Date of 15 Apr 2005 Origination/Authorization: Current Registered Agent: FRED S OLIVER 2120 E LANARK ST MERIDIAN, ID A3642 Organizational ID / Filing C150015 N u mber: Number of Authorized Stock 2000000 Shares: Date of Last Annual Report: 22 Feb 2Ol7 Annual Report Due: Apr 2018 Original Filing: I Help Me Print/View TIFF ] Filed 15 Apr 2OO5 INCORPORATION View Imaoe (PDF format) View Imaqe (TIFF format) Amendments: I Help 14e Print/View T]FF l INC. Amendment Filed 03 Feb STOCK 2016 CHANGE rmat View Imaoe (TIFF format) PDF at Viewae Imao e (TIFF fo rmat) ) iew Im Amendment Filed 21 Apr ARTICLES 2017 RESTATEMENT Annual Reports: Rcport for Year 2OL7 ANNUAL REPoRT I https ://www. accessidaho.org/public/sos/corp/C 1 600 1 5.html m 10/1312017 Amendment Fited 05 May NAME CHANGED TO 2OO5 ANDERSON & WOOD CONSTRUCTION CO. 1, INC. Amendment Filed 26 May NAME CHANGED TO 2OO5 ANDERSON & WOOD CONSTRUCTION CO.. I Help Me Print/View TIFF ] View Document Online IDSOS Viewing Business Entity Report Report Report Report Report Report Report Report Report Report Report Report Report Report Report Report Page 2 of 2 for year 2016 for year 2015 for year 2014 for year 2013 for year 2012 lor year 2Ol2 for year 2012 for year 20 11 for year 2010 for year 2OO9 ANNUAL AN NUAL ANNUAL ANNUAL ANNUAL CH NG OFF/DIR CH NG OFF/DIR ANNUAL REPORT CHNG RA/RO CHNG RA/RO CHNG RA/RO AN NUAL REPO RT ANNUAL REPO RT ANNUAL REPORT REPORT REPORT REPORT REPORT REPORT View Docu ment Online View Document Online View Document Online View Document Online View Docum ent Online View Imaqe (PDF format) View Imaqe (TIFF format) View Imaqe (PDF format) View Imaqe TIFF format ANNUAL REPORT ANNUAL REPORT View Document Online View Document Online View imaoe (PDF format) View Image (TIFF format) View Imaoe (PDF format) View Imaoe (TIFF format) View imaoe (PDF format) View Imaoe (TIFF format) View Imaqe (PDF format) View Imaoe (TIFF format) View imaqe (PDF format) View Imaqe (TIFF format) View Imaqe (PDF format) View Imaqe (TIFF format) View Imaqe (PDF format) View Imaqe TIFF format for year for year for year for year for year for year 2009 2009 2009 2008 2f)f)7 2006 Idaho Secretary of State's Main Paqe State of Idaho Home Paqe Comments, questions or suggestions can be emailed to: sosinfo@sos. ida ho. oov https ://www.accessidaho.org/public/sos/corp/C 1 600 1 5.html 10113/2017 Meridian City Council Meeting DATE: October 24, 2017 ITEM NUMBER: 6L PROJECT NUMBER: ITEM TITLE: Approval of Agreement to ACCELA for the Maintenance Agreement for a Not -To -Exceed amount of $43,765.11 MEETING NOTES W, Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: E-MAILED TO STAFF Page 1 Memo To: C.Jay Coles, City Clerk From: Keith Watts, Purchasing Manager CC: Dave Tiede, IT Date: 10/16/2017 Re: October 24 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 24 th City Council Consent Agenda for Council’s consideration. Approval of Agreement to ACCELA for the Maintenance Agreement for a Not-To- Exceed amount of $43,765.11. Recommended Council Action: Approval of Agreement to ACCELA for the Not-To-Exceed amount of $43,765.11. Thank you for your consideration. City of Meridian Purchasing Dept. CONTRACT CHECKLIST Date: REQUESTING DEPARTMENT Project Name: Project Manager: Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order? Yes No Change Order No. Fund: Budget Available ( Purchasing attach report ): Department Yes No Construction GL Account FY Budget: Task Order Project Number: Enhancement: Yes No Professional Service Equipment Will the project cross fiscal years? Yes No Grant Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach Master Agreement Category (Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License Expiration Date: Corporation Status Insurance Certificates Received (Date): Expiration Date: Rating: Payment and Performance Bonds Received (Date): Rating: Builders Risk Ins. Req'd: Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda: By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final $43,765 Kristy Vigil If yes, has policy been purchased? Consultant - ACCELA III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) Multiple See Attached Document TASK ORDER N/A RFP / RFQ BID VII. TASK ORDER SELECTION (Project Manager to Complete) N/A Award based on Low Bid Highest Ranked Vendor Selected VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved Dave Tiede 10/17/2017 October 17, 2017 N/A I. PROJECT INFORMATION 2018 10/17/2017 IT Accela Maintenance V. BASIS OF AWARD N/A N/A IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION N/A N/A N/A N/A N/A N/A Maintenance Agreement (MA), Version 05262015 Page 1 of 8 MAINTENANCE AGREEMENT 1.Parties ACCELA Accela, Inc. 2633 Camino Ramon, Suite 500 Bishop Ranch 3 San Ramon, California 94583 Attention: Contracts Administration T: 925.659.3200 e-Mail: contractsadmin@accela.com CUSTOMER City of Meridian, Idaho 33 East Broadway Ave., #304 Meridian, ID 83642 Attention: Kristy Vigil, Systems Analyst T: 208.489.0495 e-Mail: kvigil@meridiancity.org This Maintenance Agreement (“MA”) is intended for the exclusive benefit of the Parties; nothing herein will be construed to create any benefits, rights, or responsibilities in any other parties. 2.Term and Termination 2.1 Term Provided that Customer signs and returns this MA to Accela, this MA is effective as of the date of Customer's signature and will continue for a period of one (1) year. Customer may elect to continue its maintenance coverage for additional annual terms by paying to Accela the fees associated with such terms when these are due; said fees will not increase by more than ten percent (10%) from the maintenance fees for the preceding term. Should Customer fail to renew its maintenance coverage or pay the applicable fees, Accela reserves the right to withhold all support. If Customer resumes maintenance coverage after one or more periods without such coverage, Customer will pay an amount equivalent to one hundred ten percent (110%) of all maintenance fees attributable to the period(s) without coverage, as such fees are calculated based upon pricing in effect at the time of resumption of maintenance coverage. 2.2 Termination Either party may terminate if the other party materially breaches this MA and, after receiving a written notice describing the circumstances of the default, fails to correct the breach within thirty (30) calendar days. Upon any termination or expiration of this MA, all rights granted to Customer are cancelled and revert to Accela. 3.Scope of Maintenance 3.1 Maintenance Services As provided herein and in Exhibit B: 3.1.1 Telephone Support Accela will provide Customer with a telephone number to contact Accela Customer Support, Accela’s live technical support facility, which is available from 4:00 a.m. until 6:00 p.m. Pacific time Monday through Friday, excluding Accela’s observed holidays. 3.1.2 E-Mail Support Accela will provide Customer with one or more electronic mail addresses to which Customer may submit routine or non-critical support requests, which Accela will address during its regular business hours. 3.1.3 Online Support Accela will provide Customer with access to archived software updates and other technical information in Accela’s online support databases, which are continuously available. 3.1.4 Remote Support When required to properly resolve a maintenance request, Accela will provide remote assistance to Customer via a web conferencing environment or another mutually- acceptable remote communications method. 3.1.5 On-Site Support If Customer does not wish for Accela to resolve its maintenance requests remotely, Accela will provide on-site assistance to Customer at Accela’s then-current time-and- materials rates. In addition to these charges, Customer will compensate Accela for associated DocuSign Envelope ID: 0AB8CBA2-F58C-469A-8C48-18258CCF6071 Maintenance Agreement (MA), Version 05262015 Page 2 of 8 airfare, lodging, rental transportation, meals, and other incidental expenses as such expenses accrue. 3.1.6 Software Updates Accela will provide revisions of and enhancements to maintained software products to Customer as such updates are generally-released by Accela. Software updates will be delivered or made available to Customer for electronic download from Accela’s File Transfer Protocol (“FTP”) site. 3.2 Maintenance Limitations 3.2.1 Limitations Generally The following are not covered by this MA, but may be separately available at rates and on terms which may vary from those described herein: a) Services required due to misuse of the Accela-maintained software products; b) Services required due to software corrections, customizations, or modifications not developed or authorized by Accela; c) Services required by Customer to be performed by Accela outside of Accela’s usual working hours; d) Services required due to external factors including, but not necessarily limited to, Customer’s use of software or hardware not authorized by Accela; e) Services required due to the operation of interfaces between the Accela -maintained software products and other software products or systems, even where such interfaces were provided or implemented by Accela; f) Services required to resolve or work-around conditions which cannot be reproduced in Accela’s support environment; g) Services which relate to tasks other than maintenance of Customer’s existing implementation and configuration of the Accela-maintained software products including, but not necessarily limited to, enhancing or adapting such products for specific operating environments; h) Services requested by Customer to implement software updates provided by Accela pursuant to this MA; and i) New or additional applications, modules, or functionality released by Accela during the term of this MA. 3.2.2 Legacy Releases Accela will provide maintenance support for the current release of each of its maintained software applications and for the release immediately preceding such current release. All other releases are deemed to be “Legacy Releases”. Accela will respond to maintenance requests concerning Legacy Releases only using currently-available information. Services requiring additional research, engineering-level support, or coding or programming by Accela will not be provided pursuant to this MA, but may be separately available at rates and on terms which may vary from those described herein. 3.3 Service Commitment Accela will commence and complete the maintenance obligations described in this MA in a good and workmanlike manner, consistent with the practices and standards of care generally- accepted within and expected of Accela’s industry, to ensure that the operation of the maintained software products does not materially differ from documented specifications. Accela may make repeated efforts within a reasonable time period to resolve maintenance requests. When a maintenance request cannot be resolved, Customer’s exclusive remedy will be repair or replacement, as determined by Accela 3.4 Compensation 3.4.1 Maintenance Fees In exchange for the Maintenance Services described hereinabove, Customer will pay to Accela the amounts indicated in Exhibit A. DocuSign Envelope ID: 0AB8CBA2-F58C-469A-8C48-18258CCF6071 Maintenance Agreement (MA), Version 05262015 Page 3 of 8 3.4.2 Payment Terms Amounts are quoted in United States dollars and do not include applicable taxes, if any. Customer will be responsible for payment of all federal, state or provincial, and local taxes and duties, except those based on Accela’s income. If Customer is exempt from certain taxes, Customer will provide Accela with an appropriate certificate of exemption. Customer will be invoiced for all amounts upon occurrence of the billing events described in Exhibit A and fees paid are non-refundable. The payment terms of all invoices are net thirty (30) calendar days from the dates of the invoices; fees paid are non-refundable. Accela may, at its sole discretion, suspend its obligations hereunder without penalty until payments for all past-due billings have been paid in full by Customer. 4. Confidentiality 4.1 Definitions “Disclosing Party” and “Recipient” refer respectively to the party which discloses information and the party to which information is disclosed in a given exchange. Either Accela or Customer may be deemed Disclosing Party or Recipient depending on the circumstances of a particular communication or transfer of information. “Confidential Information” means all disclosed information relating in whole or in part to non-public data, proprietary data compilations, computer source codes, compiled or object codes, scripted programming statements, byte codes, or data codes, entity-relation or workflow diagrams, financial records or information, client records or information, organizational or personnel information, business plans, or works-in-progress, even where such works, when completed, would not necessarily comprise Confidential Information. The foregoing listing is not intended by the Parties to be comprehensive, and any information which Disclosing Party marks or otherwise designates as “Confidential” or “Proprietary” will be deemed and treated as Confidential Information. Information which qualifies as “Confidential Information” may be presented to Recipient in oral, written, graphic, and/or machine-readable formats. Regardless of presentation format, such information will be deemed and treated as Confidential Information. Notwithstanding, the following specific classes of information are not “Confidential Information” within the meaning of this Section: a) information which is in Recipient’s possession prior to disclosure by Disclosing Party; b) information which is available to Recipient from a third party without violation of this MA or Disclosing Party’s intellectual property rights; c) information disclosed pursuant to Subsection 4.4 below; d) information which is in the public domain at the time of disclosure by Disclosing Party, or which enters the public domain from a source other than Recipient after disclosure by Disclosing Party; e) information which is subpoenaed by governmental or judicial authority; and f) information subject to disclosure pursuant to a state’s public records laws. 4.2 Confidentiality Term The obligations described in this Section commence on the Effective Date and will continue until two (2) years following any termination or expiration of this MA (“Confidentiality Term”). 4.3 Confidentiality Obligations During the Confidentiality Term, Recipient will protect the confidentiality of Confidential Information using the same degree of care that it uses to protect its own information of similar importance, but will in any case use no less than a reasonable degree of care to protect Confidential Information. Recipient will not directly or indirectly disclose Confidential Information or any part thereof to any third party without Disclosing Party’s advance express written authorization to do so. Recipient may disclose Confidential Information only to its employees or agents under its control and direction in the normal course of its business and only on a need-to-know basis. In responding to a request for Confidential Information, Recipient will cooperate with Disclosing Party, in a timely fashion and in a manner not inconsistent with applicable laws, to protect the Confidential Information to the fullest extent possible. 4.4 Publicity During the term of this MA, including the term of any amendment hereto, Accela may publicly disclose its ongoing business relationship with Customer. Such disclosures may indicate Customer's identity and the Accela product(s) and services provided or contracted to be provided to Customer. These disclosures may include press releases or other communications to media, display on Accela web sites, or DocuSign Envelope ID: 0AB8CBA2-F58C-469A-8C48-18258CCF6071 Maintenance Agreement (MA), Version 05262015 Page 4 of 8 use in other marketing activities, but will not include non-public information or indicate Customer's express endorsement of Accela's products or services without Customer's prior written authorization. 5.Other Terms and Conditions 5.1 5.2 5.3 5.4 5.5 5.6 Customer Obligations As required, Customer will provide Accela with appropriate access to Customer’s facilities, data systems, and other resources. If security restrictions impair such access, Customer acknowledges that some maintenance services hereunder may not be provided to Customer. It is Customer’s sole responsibility to maintain current backup copies of its data and of its implementation of Accela’s software products. If Customer’s failure to create proper backups substantially increases the difficulties of any remedial actions by Accela hereunder, Accela reserves the right to charge Customer for any extra work reasonably-attributable to such increased difficulty, as calculated at Accela’s then-current time-and-materials rates. Proprietary Rights The remedial methods, software updates, and product information provided to Customer pursuant to this MA are protected under the laws of the United States and the individual states and by international treaty provisions. Accela retains full ownership in such items and grants to Customer a limited, nonexclusive, nontransferable license to use the items, subject to the terms and conditions of this MA and other agreements between Accela and Customer. Limitation of Liability Accela provides no warranty whatsoever for any third-party hardware or software products. If a third-party product is supplied by Accela, no support for any third party product is provided, unless an addendum is attached hereto, identifying the product and specifying the terms and conditions of any support. Third-party applications which utilize or rely upon the application services may be adversely affected by remedial or other actions performed pursuant to this MA; Accela bears no liability for and has no obligation to remedy such effects. Except as set forth herein, Accela provides all Maintenance Services “as is” without express or implied warranty of any kind regarding the character, function, capabilities, or appropriateness of such services or deliverables. To the extent not offset by its insurance coverage and to the maximum extent permitted by applicable laws, in no event will Accela’s cumulative liability for any general, incidental, special, compensatory, or punitive damages whatsoever suffered by Customer or any other person or entity exceed the fees paid to Accela by Customer during the twelve (12) calendar months immediately preceding the circumstances which give rise to such claim(s) of liability, even if Accela or its agents have been advised of the possibility of such damages. Force Majeure If either party is delayed in its performance of any obligation under this MA due to causes or effects beyond its control, that party will give timely notice to the other party and will act in good faith to resume performance as soon as practicable. Dispute Resolution This MA is governed by the laws of the State of Idaho. Any controversy or claim arising out of or relating to this MA, or the breach thereof, will be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, including the Emergency Interim Relief Procedures, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration will be Ada County, Idaho. Either party may apply to the arbitrator for injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either party also may, without waiving any remedy under this MA, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the arbitrator’s determination of the merits of the controversy. Each party will initially bear its own expenses and an equal share of the costs of the arbitration, but the prevailing party may be awarded its expenses, reasonable attorneys’ fees, and costs. The failure of either party to object to a breach of this MA will not prevent that party from thereafter objecting to that breach or any other breach of this MA. Assignment Accela may assign its rights and obligations hereunder for purposes of financing or pursuant to corporate transactions involving the sale of all or substantially all of its stock or assets. Accela may DocuSign Envelope ID: 0AB8CBA2-F58C-469A-8C48-18258CCF6071 DocuSign Envelope ID: OAB8CBA2-F58C-469A-BC48-18258CCF6071 subcontract with qualified third parties to provide portions of the Maintenance Services described hereinabove. 5.7 Survival The following provisions will survive the termination or expiration of this MA: Section 2.1, as to Customer's obligation to pay any fees associated with a lapse in maintenance coverage upon resumption of such coverage; Section 3.3, as to limitation of remedy; Section 3.4 and all subsections thereof, as to Customer's obligation to pay any fees accrued or due at the time of termination or expiration; Section 4 and all subsections thereof; and Section 5 and all subsections thereof with the exceptions of Subsections 5.1 and 5.4. 5.8 Alternate Terms Disclaimed The parties expressly disclaim any alternate terms and conditions accompanying drafts and/or purchase orders issued by Customer. 5.9 Severability and Amendment If any particular provision of this MA is determined to be invalid or unenforceable, that determination will not affect the other provisions of this MA, which will be construed in all respects as if the invalid or unenforceable provision were omitted. No extension, modification, or amendment. of this MA will be effective unless it is described in writing and signed by the Parties. ACCELA Docu fined by: By: gay (h� (Signature) jay colfer (Print Name) Its chief Revenue Officer (Title) 10/17/2017 Dated: (Month, Day, Year) Exhibits Follow. Maintenance Agreement (MA), Version 05262015 CUSTOMER f By: (Sig atur f (' r✓'i `% ► (Print Name) Its CZU^1C4L r G �r U� (Title) Dated: la " � `~ (Month, Day, Year) Page 5 of 8 Maintenance Agreement (MA), Version 05262015 Page 6 of 8 Exhibit A DocuSign Envelope ID: 0AB8CBA2-F58C-469A-8C48-18258CCF6071 Maintenance Agreement (MA), Version 05262015 Page 7 of 8 EXHIBIT B Live-Production Maintenance Incident Handling – Silver Support The following incident handling and time frames are applicable only to a live-production environment. 1 Incident Handling - Accela will provide an incident handling mechanism for Customer maintenance requests. The incident handling process will include the following: · Ability to call, e-mail or use an Accela provided online tracking system. · All incidents will be recorded into the tracking system. · Customer will receive an e-mail with your case number. · Customer Priority and Severity will be determined by the problem based upon the definitions below. · Customer will designate contacts that will interface with Accela’s Customer Support Department. 2 On Line Self Support - Accela will provide to Customer at no expense an online Knowledge Base and Online Self Support Site where Customer can research issues and questions, report maintenance incidents and download patches and other fixes. 3 Case Handling – Case Handling defines the priority assigned to a specific maintenance request which therefore sets the order, timing and level of effort in resolving a case: A. Critical Severity – Definition: System or application is non-functional or seriously affected and there is no reasonable workaround available, for example, business is halted. Response Time: Accela will respond with confirmation of receipt of incident within 1 business hour and provide follow-up every 60 minutes when the Critical Incident is phoned into the Customer Resource Center. Resolution Time: Upon confirmation of receipt, Accela begins continuous work on the problem and will put forth the effort to provide a workaround, fix, or estimated completion date within 72 hours after the problem has been diagnosed and/or replicated, or provided there is an agency representative available to assist with issue diagnosis and testing during the resolution process. B. High Severity - Definition: System or application is affected and there is no workaround available or the workaround is impractical, for example, Customer cannot process payments or system response time is very slow. Response Time – Accela will respond with confirmation of receipt of incident within 4 business hours and provide follow-up every 48 hours. Resolution Time – Upon confirmation of receipt of incident, Accela will put forth the best effort to provide a workaround or fix or estimated completion date within 14 business days after the problem has been diagnosed and/or replicated. C. Moderate Severity - Definition: System or application feature is non-functional and a convenient workaround exists, for example, non-critical feature is unavailable or requires additional user intervention. Response Time: Accela will respond with confirmation of receipt of incident within 8 business hours and provide follow-up every 7 days. Resolution Time: Accela will put forth the best effort to provide a workaround or fix or estimated completion date within 21 business days after the problem has been diagnosed and/or replicated. DocuSign Envelope ID: 0AB8CBA2-F58C-469A-8C48-18258CCF6071 Maintenance Agreement (MA), Version 05262015 Page 8 of 8 D. Low Severity - Definition: System or application feature works, but there is a minor problem, for example, a field is mislabeled or a help file is missing. Response Time: Accela will respond with confirmation of receipt of incident within 24 business hours and provide follow-up every 14 days. Resolution Time: Resolution for the issue may be released as a patch set or be incorporated into a future release of the product. Contact Customer Support by Phone or E-mail Hours: M - F 4:00 AM - 6:00 PM Pacific Time Phone: (888) 722-2352, Ext. 5 E-mail: support@accela.com END OF DOCUMENT DocuSign Envelope ID: 0AB8CBA2-F58C-469A-8C48-18258CCF6071 License Type Qty Cost Subtotal Total Department Land Management 36 298.91 10760.87 01-1940-53360 Citizen Accelss 2 1671.48 3342.95 01-1940-53360 GIS 27 70.04 1891.03 15994.86 01-1940-53360 Land Management 7 298.91 2092.39 01-1140-53360 GIS 6 70.04 420.23 2512.62 01-1140-53360 Land Management 8 298.91 2391.30 01-2180-53360 GIS 5 70.04 350.19 2741.50 01-2180-53360 Land Management 2 298.91 597.83 597.83 01-1900-53360 Land Management 1 298.91 298.91 298.91 60-3260-53360 Land Management 1 298.91 298.91 298.91 60-3250-53360 Land Management 4 298.91 1195.65 1195.65 01-1500-53360 Land Management 3 298.91 896.74 01-2210-53360 GIS 3 70.04 210.11 1106.85 01-2210-53360 Land Management 1 298.91 298.91 298.91 01-1840-53360 Land Management 9 298.92 2690.28 01-1510-53360 GIS 14 70.04 980.54 3670.82 01-1510-53360 Land Management 5 298.91 1494.57 60-3280-53360 GIS 4 70.04 280.15 1774.72 60-3280-53360 Land Management 4 298.92 1195.68 1195.68 01-1520-53360 Land Management 1 298.92 298.92 298.92 01-1310-53360 Land Management 2 298.91 597.83 597.83 60-3300-53360 Land Management 2 298.91 597.83 01-5120-53360 GIS 2 70.04 140.08 737.90 01-5120-53360 Land Management 1 298.91 298.91 01-2110-53360 GIS 1 70.04 70.04 368.95 01-2110-53360 Land Management 5 298.91 1494.57 01-1910-53360 GIS 3 70.04 210.11 1704.68 01-1910-53360 Land Management 21 298.91 6277.17 6277.17 60-3200-53360 Land Management 5 298.91 1494.57 1494.57 60-3400-53360 Land Management 2 298.91 597.83 597.83 60-3530-53360 TOTAL:43765.11 --".A(:()Rt)-CERTIFICATE OF LIABILITY INSURANCE 9/2712017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLOER. 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 TIIE CERTIFICATE HOLDER. IMPORTANT: lf tho certificate holder is an AOOITIONAL INSURED, the policy(ies) must have AOOITIONAL INSUREO provisions or be endorsed. lf SUBROGATION lS WAIVED, subjoct to th€ terms and conditions of the policy, c€rtain policies may require an endorsement. A stalement on this cerlificate does not confer rights to the certitlcate holder in lieu of such endorsoment(s). pRooucER ABD lnsurance & Financial Services 3 Waters Park Drive, Suite 100 San N4ateo, CA 94403 _ Cert Reeuest 650-488-8565 heabdleam.com INSURER ATFOROING COVERAGE www.lheabdteam.com TNSURERA: Federal lnsurance Com 20281 INSUREO Accela, lnc. 2633 Camino Ramon Suite 500 San Ramon, CA 94583 rNsuRER B : Chubb lndemnitv lnsurance Corn 12777 IN c National Union Fire lns Co Pitlsburgh PA 19445 INSURER E COVERAGES CERTIFICATE NUMBER: 38039447 REVISION NUMBER THIS IS TO CERTIFY THAI THE POLICIES OF INSURANCE LISTED BELOW HAVE AEEN ISSUED TO THE INSURED NAI\,IED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREI\IENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUI\,{ENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 8E ISSUED OR IVAY PERTAIN, THE INSURANCE AFFOROED BY THE POLICIES DESCRIAED HEREIN IS SUBJECT10 ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REOUCED BY PAID CLAIMS, LIMITS EACH OCCIJRRENCE OAITAGETOFENiED'-" - PRFMISFS lEa oe!(en6l 1,000,000 1,000,000 5 5 MEO EXP (A.y one person)10 0005 COMMERCIAL GENERAL LIABILITY cLArMsnrAoE I o""r" GEN'L AGGREGATE LIM T APPLIES PER*.'"'fl 5P"9 fl .o" j OTHERI 3604-91,08 91112017 9t1t2018 PERSONAL &AOVINJIJRY $ $ PROOUCTS. COMP/OPAGG 1,000,000 2,000,000 2,000,000 1,000,000 BOOTLY INJURY (Per peBon)$ 7359-95 44 911t2017 91112018 AUTOS NON.OWNEO AUTOSONLY OAMAGE--l AUTOMOBILE LIAAILITY L _ auros oNLY [- SCBEDULED AOoTLY INJURY (Per aeid6nl)OWNED AUTOS ONLY HIREO s EACH OCCURRENCE 10,000,000S EXCESS LIABFDEDRETENTION OCCUR CLAIMS.MAOE 7175-62-53 9t1t2417 9t1t2018 AGGREGATE 10,000,000S S STATIJTE WORXERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOtuPARTNERTEXECUTIVE OFF CER/MEMAEREXCLUOEO?N st1t2017 sht2alB S 000 I E,L EACHACCIDENT E L OISEASE. POLICY LIMIT E.L OISEASE. EA EMPLOYE 1,000, 1,000, C Errors & Omissions W Cyber 01-881-21-80 9t1t2017 91112018 Limit $5,000,000 DESCRIPnON OF OPERATION9 / IOCAnONS / VEHICIES (ACORO 10i, Add lon.l R.n.rt. Sch.dul., h.y b. .lt ch.d It more sp.co i. Fqui..d) RE: Evidence of lnsuranc€. CERTIFICATE HOLDER CANCELLATION Evidence of lnsurance SHOULD ANY OF THE ABOVE DESCRIBEO POLICIES BE CANCELLEO BEFORE THE EXPIRATION OATE THEREOF, NOTICE wlLL BE DELIVEREO IN ACCOROANCE WTH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Rod Sockolov @ 1988-2015 ACORD CORPORATTON ACORD 25 (2016/03) The ACORD name and logo are registered marks ofACORD r30re{47 | 152s4 | 1? ra GL, e, {c, uxB sroH, E&o $sM cameron tick I e/21/2at1 1:se:41 p}l (PDr) | Paee 1of I All rights reserved AI? ,/ 5 S DocuSign Envelope ID: OAB8CBA2-F58C-469A-BC48-18258CCF6071 subcontract with qualified third parties to provide portions of the Maintenance Services described hereinabove. 5.7 Survival The following provisions will survive the termination or expiration of this MA: Section 2.1, as to Customer's obligation to pay any fees associated with a lapse in maintenance coverage upon resumption of such coverage; Section 3.3, as to limitation of remedy; Section 3.4 and all subsections thereof, as to Customer's obligation to pay any fees accrued or due at the time of termination or expiration; Section 4 and all subsections thereof; and Section 5 and all subsections thereof with the exceptions of Subsections 5.1 and 5.4. 5.8 Alternate Terms Disclaimed The parties expressly disclaim any alternate terms and conditions accompanying drafts and/or purchase orders issued by Customer. 5.9 Severability and Amendment If any particular provision of this MA is determined to be invalid or unenforceable, that determination will not affect the other provisions of this MA, which will be construed in all respects as if the invalid or unenforceable provision were omitted. No extension, modification, or amendment. of this MA will be effective unless it is described in writing and signed by the Parties. ACCELA Docu fined by: By: gay (h� (Signature) jay colfer (Print Name) Its chief Revenue Officer (Title) 10/17/2017 Dated: (Month, Day, Year) Exhibits Follow. Maintenance Agreement (MA), Version 05262015 CUSTOMER f By: (Sig atur f (' r✓'i `% ► (Print Name) Its CZU^1C4L r G �r U� (Title) Dated: la " � `~ (Month, Day, Year) Page 5 of 8 Meridian City Council Meeting DATE: October 24, 2017 ITEM NUMBER: 6M PROJECT NUMBER: ITEM TITLE: Third Addendum to Developement Agreement for Brickyard Subdivision (MDA -H-2017-0107) with Blue Marlin Investment, LLC (Owner) and Fig Village at Center Point, LLC (Developer) The site consists of 12 lots (lots 9-11, Block 1 and Lots 16, 19-26, Block 2) in Centerpoint Subdivision No.2, zoned C -G MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: E-MAILED TO STAFF ADA COUNTY RECORDER Christopher D. Rich 2017-102589 BOISE IDAHO Pgs=61 NIKOLA OLSON 10/26/2017 04:36 PM CITY OF MERIDIAN, IDAHO NO FEE THIRD ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1, City of Meridian 2. Blue Marlin investments, LLC, Owner 3. FIG Village at Centre Point LLC, Developer (of that portion of the development described in Exhibit "A") THIS THIRD ADDENDUM TO DEVELOPMENT AGREEMENT is dated thls;aq -day October, 2017, ("THIRD ADDENDUM" ), by and between City of Meridian, 'a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Blue Marlin Investments, LLC, an. Idaho limited liability company whose address is 1940 Bonito Way, Suite #160, Meridian, Idaho 83642, hereinafter called OWNER and nG Village at Centre Point LLC whose address is 4685 South Highland Drive #202, Salt Lake City, UT 84117, hereinafter called DEVELOPER. RECITALS' A. , City and OWNER and/or DEVELOPER entered into that certain Dcvclopment Agreement that was recorded on December 8, 2006 in the real property records of Ada County as Instrument No. 106191305 ("DEVELOPMENT" AGREEMENT"). A First Addendum to Development was recorded on January 9, 2014 as Instrument No. 114002255 and a Second Addendum to 'Development as Instrument: No. 2016-079095 that was recorded August 25, 2016. B. City and OWNER and/or DEVELOPER now desire to a rend the Development Agreement (Instrument no. 106191305) and the First Addendum to Development. Agreement (Instrument No. 11400225) and the Second Addendum to Development Agreement (2016-078005) as it pertains to die property listed in Exhibit "A", which terms have been approved by the Meridian City Council in accordance with Idaho Cade Section 67-6511. C. The Findings of Fact and Conclusions of Law and Decision and Order ("Findings") approved by the Meridian City Council on October 10, 2017, are 'hereby incorporated into this Agreement and attached as Exhibit "B". NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties Agree as follows: 1. OWNER and/or DEVELOPER shall be bound by the terms of the original Development Agreement and the First Addendum to Development Agreement and the Sccond Addendum to Development Agreement as they pertain to the property listed in Exhibit "A", except as specifically amended as follows: 9: USES PERAfITTLD BY THIS AGREE AfENT Brick -yard Subdivision — MDA H-2017-0107 Page l 4.1.a All future development shall comply with the design standards listed in 'UDC 11-3,4- 19 1-3A19 and the Architectural Standards Manual as applicable ,per UDC 11 -5B -8B. 4.1.b Future construction on the subject site shall be generally consistent with the Master Site Plan submitted with M1-06-008; (excluding the Kohl's parcel, #50532449210) and including the Conceptual Development Plan and Conceptual Building Elevations submitted with H-2017-0107 and attached to the Staff Report which is an exhibit to the Findings of Fact and Conclusions of Law attached hereto as Exhibit "B". All lots with; frontage on Eagle Road, and all lots that border the western and northern property boundaries shall contain freestanding buildings except for the multi fancily buildings. If a future proposed building is not generally consistent with the A -faster Site Plan or conceptual development plan for the northwest corner of the site (as applicable), then the development agreement shall be modified accordingly. 4,1.c The following uses shall not be allowed on any lot a4lacent to the western or northern property boundary (shown on the Master Site Plan (pads 9-18, 21-24 and the Family Center) that borders a residential district, including the County RUT district; Outdoor arts, entertainment or recreation facility • Ouidoor stage; music venue, arts, entertainment' or recreation facility • Cemetery Church or place of religious worship • Fuel sales facility, truck stop . Hotel and motel • Industry, information • Industry, light • Mortuari, • Nursery or urban farm Recreational vehicle park • Temporary. use >>ehiclesales or rental and service o Vehicle washing facility,, unless as an accessory use on Lot 8, Block l Centrepointe Subdiviston) 0 Wireless communication facility and/or tower Wireless communication facility, amateur eadto antenna 4.1.x1 That all f acre buildings on the subject property will be required to submit it Certificate of Zoning Compliance (CZC) application prior to construction. And all future buildings adjacent to Eagle Road and Ustick Road will be required to obtain Design Review approval prior to construction. 5 CONDITIONS GOVERNING DEVELOPMENT OF SUI3 fECT PROPERTI'; Owner/Developer shall develop The Property in accordance with 1he following special conditions. - 5,1.a All future uses on proposed lots or parcels within the annexation area shall be required to comply with the amended Section 4 of the Development Agreement and any Addendums Brickyard' Subdivision MDAH-2017-0107Paget and the 00,'s Unified Development Code 5.1.6 The Developer shall provide a public or private road located as generally shown on. the concept plan attached to the Staff Report which is an exhibit to the Findings of .Fact and Conclusions of Law attached hereto as Exhibit "B ". 5.1.c Pedestrian walk -ways shall be constructed in similar locations to that shown on the conceptual development plan which is an exhibit to the Staff Report which is an exhibit to the Findings of Fact and Conclusions of Law attached hereto as Exhibit "B" three connections to the easterly boundary and one (1) at the westerly boundary to the existing pathway stub in Champion Park Subdivision are required.` 5.1.d Exclusive of anypubltc street or driveway stub, a 10 foot wide street landscape buffer designed in accordance` with VDC 11-38-7 shall be constructed adjacent to Jasmine Lane along the entire northern boundary of the subject property described in Exhibit "A ". In addition to the landscape buffer, trash compactors or loading docks shall be prohibited along the north side of any future buildings_ located along the northern boundary of the subject property. 5.1.e Buildings located in this area of the modification (Exhibit "A") shall contain architectural elements and enhancements consistent with Standards to the Architectural Standards Manual. 5.1,f Buildings identified on the Master Site Planas Retail shall have architectural elements matching those listed in the Staff Report which is an exhibit to the Findings of Fact and Conclusions of Law attached hereto as Exhibit "B" and shall be consistent with the Standards in the Architectural Standards Manual, 5.1.g Future buildings along the western and northern property boundaries (abutting Champion Park Subdivision or Jasmine Lane) shall, in the case of commercial development, not exceed 35 feet in height, and in the case of multi family development, not exceed 40 feet in height. Multi, family units shall be restricted to 2 -stories in height: along` the west boundary adjacent to Champion Park Subdivision to preserve view corridors of adjacent residents as proposed by the Developer, 5. A Developer agrees to- grant a permanent easement to Cit}1 for the construction and maintenance by Ciry of a"low-profile "Welcome to Meridian" monument sign fronting Eagle Road at a location selected by Developer within the northerly 380 feet of the Property frontage, based on sign design criteria mutually acceptable to City and Developer. The Developer has also agreed to enter into discissions with the City an,a potential cost -share arrangement for the entryway sign after the City has established the cost and appearance of the sign. 5.1:1 The CC&R's for the development shall restrict the use of garages within the development to parking for vehicles only to ensure the site has adequate parking for its residents. 5,JJ Four foot tall bollard lighting`is required along all iniernal.pathways within the multi- family portion of the development. Brickyard Subdivision w MDA H-2017-0107 Pepe 3 5.11 Include traffic calming textures on internal driveways within the- development as proposed to slow traffic. 5.1.1 Provide a crosswalk if allowed by ACHD across Centrepoint Way to provide safe pedestrian access to the common area where the swimming pool and communis)) center is located. 5. Lm Business hours of operation for commercial uses that abut a residential use or zoning district are restricted from 6:00 am to 11.00 pm unless extended hours are requested and approved through a conditional use permit in accord with UDC H -2B -3A.4, 5.1:n Design of all structures shall comply with the standards listed in the Architectural Standards Manual and shall be generally consistent with the conceptual elevations submitted with this application included in Exhibit A.8 of the Staff Report that is attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit "B", S.Lo Residential buildings along the west boundary of the multi=family development adjacent to Champion Park Subdivision shall be restricted to 2 -stories in height as proposed by the applicant in Exhibit A.8 of the Staff Report that is attached to the Findings of Fact and Conclusions of ;Law attached hereto as Exhibit "B " to preserve view corridors for the adjacent residents in Champion Park Subdivision. 2. OWNER: and/or DEVELOPER agree to abide by all ordinances of the City of Meridian that are consistent with the terms of the Development Agreement, the First Addendum, Second Addendum and this Third Addendum and the Project Site shall be subject to de -annexation if the OWNER andlor DEVELOPER, or their assigns, heirs, or successors shall not meet the conditions of this Third Addendum as herein provided; and the Ordinances of .the City of Meridian that are consistent with the terms of the Development Agreement, First Addendum, Second Addendum and this Third Addendum. 3. If any provision of this Third Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Third Addendum and the invalidity thereof shall not affect any of other provisions contained herein. 4. This Third Addendum sets forth all promises, inducements, agreements, condition, and understandings between OWNER and/or DEVELOPER and City relative to the subject matter herein, and there are no promises, agreements, conditions or under -standing, either oralor written, express or implied, between OWNER and/or DEVELOPER and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Third shall be binding upon the parties hereto unless reduced in writing. and signed by them or their successors in interest or their assigns, and pursuant, with the respect to City, to a duty adopted ordinance or resolution of City. 5. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Project Site herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. Brickyard Subdivision - MDA H-2017-0107 Page 4 6. This Third Addendum shall be effective as of the date herein above written. 7. Except as amended by this Third Addendum, all terms of the Development Agreement, the First Addendum and Second Addendum shall remain in full force and effect. ACKNOWLEDGMENTS IN WITNESS WHEREOF the parties have herein executed this agreement and made it effective as hereinabove provided: OWNER; Blue Marlin Inve: tments, LLC By. teff W. Moore, Manager STATE- OF IDAHO, } ): ss County of Ada )' Can this Or day of: 0 Ch be , 2017,.before me, the undersigned, a Notary Public in and for said State, personally appeared Jeff W. Moore, known or'identified to me to be the Manager of Blue Marlin Investments,_ LLC and acknowledged to the that he executed the same with authority on behalf of said corporation.. 1N WITNESSWHEREOF, I have hereunto set my hand and 'affixed my official seal the day and year in this certi[icate first;above written. t (SEAL) Brickyard Subdivision — MDA H-2017.0107 page 5 ); ss County of Salt Luke ), On this L�,dny"of (l.r» 2017, before fne, the undersigned, a Ndtnry_T'ublic iit and,for sgid $tate, personally appeared James Dooltu, known.orldwifled to, ata to be the Manages of KO `Viltage At Ceutre .F'otnt LW paid acktaowledged to na ,'that he e�cecuteit file st+nie with iitiihority on behalf of said cOrporacion W WnlgtSS WI-lEpEOl+, I t►ave liereuntp.set ntyhand and affted:official seui the day and year in this certificate fustnbavo written. 110 VV4 44 sk pyo CITY OF I R�Dr't��iV rlyG P4; IPA+ Nbtaxy.Publia forba 5,�.i�n Resldttig Al; 1Yiycoaxtruisslo,tL7xp'.es: '_ ,� ` � STATE OF IDAHO ) �. Goontyof4da On bats day of 4 2Q17, before me, a 'Notary .Public, personally appearedafitrta}y-cie-ad and Cray Coles, know or identiiidd to me to be the Ivizry�r and CIetk respectively, of the City: of Me, ddinn, wlio exepUtcd the instmmegt ofbelwtf of said G ty, and aclatowle 900=116i . such City exeouted1he sAme. have hereunto set my hand and nfiixed;my pflicial seal the:dayaud Notaryritbliefor o Coinrnis'don exp(re5:„�� Page 6 Exhibit A "ri"'-0 ENGINEERS CONSUL ING ENGINEERS, SURVEYORS AND PLANNERS 332 N. 8ROADMORE WAY SUITC 101 NAMPA, IDAI•IO 83687 208.442-6300. FAX 208.466.8944 Project: 170005 bate: July 10, 2017 Page: 1 of 2 .BOUNDARY DESCRIPTION EAST SIDE A parcel of land being a portion of Block 2 of Centrepointe Subdivision No.2 as recorded in the official records of Ada County in Plat Book 110 at Pages 1.5889 through 15892 and situated in NEI/4 of the SEI/4 of Section 32, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada, County, Idaho, more particularly described as follows: COMMENCING at a brass cap monument marking the southeast corner of said Section 32, thence along the east line of said Section 32 N00030'13" E a distance of 1377.65 feet to a point, from which a brass cap monument marking the northeast coiner of the SE1/4 of said Section 32 (E1/4 corner) bears N00030'13 "E, a distance of 1276.43 feet, thence leaving said east line N89029147" 'W a distance of 25.00 feet to a 5/8 inch rebar marking the southeast corner of said Centrepointe Subdivision No. 2, thence along the south line of said Centrepointe Subdivision No. 2 S89°59'41 "W a distance of 379.90 feet to a 518 inch rebar mat -king the POINT OF BF!,GINNING: 1) Thence continuing along said south line S89159'41 "W a distance of 671.16 feet to a 518 inch rebar marking the intersection of said south line and the east right-of-way line of N. Centrepoint Way; 2) Thence leaving said south lisle and along the line common to the east right of -way line and west line of said Block 2 the following five courses N00°13'14"E a distance of 175,22 feet to a 518 inch rebar; 3) Thence along the arc of curve to the right having a radius of 200,00 feet, a central angle of 21150'35", an arc length of 76.25 feet, a chord bearing N 11008'3 VE a distance of 75.79feet to a brass plug in concrete; 4) Thence N22'03'48 "E a distance of 248,04 feet to a brass plug in concrete; 5) Thence along the arc of a curve to the left having a radius of 250.00 feet, a central angle of 22°02'53", an arc length of 96.20 feet, a chord bearing N11 °02'22"E a distance of 95.61 feet to a 5/8 inch rebar, 6) Thence N00°00'55"E a distance of 42.29 feet to a 5/8 inch rebar marking the intersection of said common line, the north line of said Block 2 and the south line of Jasmine Acres Subdivision as recorded in the official records of Ada County, Idaho in Plat Book 59 at Pages 5829 and 5830; MERIDIAN • COEUR d'ALENE ,o NAMPA • SPOKANE e BOISE L:\170005\50_8urvey\Word Documents\DQscripdons\ 170005 -Boundary )vast Side Description 07-10-2017.4ocx Projeoiy 1,70005. Date: July. 10,.201.7 Page: 2 Df2 7.) Thence 1paving;said: comYnon ixie.and al'ong`theJuie'com.'mon tc said'north liue'ax�it soWh'llnv S89°4b!4'7" L. a disfance.of 590.27 Eget to o,�/8 inols-,rebar;• 8) Tlience IQAving $aid rwmmo rine S00Qr0 t33'•'E a distekneq of774.3..5,feet%f o a. 5/g inch eebat 9Y Thence $44.05,9141*1W a distance of -64.90 -feet twa 51,8: inch robar, 4) Thengo S4Q°Q'0'28W a.•distannce,of 391'00 feet to the, f -.OI riT OF BEOMNNG, *Said.pamel coiitailiing.g.§0 -acres, or 390,243".square. feet moxo,.ox: fess and is-sabject-to all existlild easeitentg-anon/ter � 9hts-of way .of record op impiied. 10R1EON r COELP d'ALENP, -I NA PA,+ SP.OkAI1tE + BOI$E I:11 OQOS�Stf SurveylWOrdDocume�A\DescrjOtIOAlSide.Dcscilption,b7-10-2(f.t'7 qqx Q in � M Q z cc L2 h w M �+ 4 p z w i' co N N a z m L7' O U 2 Q r of cc LL z W¢ w v U ° w tm p -a z w U Wd N 2��( 0 Oz<px0Z W w z Z 0 < o a x o 0 0 0 ¢o o m0 w z ei m u: Uz a 0 m IS W " z (L � w is � m co m� Q a v IBM Z o © q m bum z O w o W U LL I ud° ©U. LU M U z o �. w< � ti LLi UJ p ofes., U -j z a o� Z ui0 O Zr o 0 L M s"�- r Nt 0) V M U) 0 w N V -. __ CO - -� M y O M M z ' LO O O e N to >.LUm N W m - E0 00) c6CO 0 m L11 � N LL ( : O C� C] U) M . Q Ur Q j lot? N O LLC5 Cf) z O Y U r < 0 Z r 0 w o O U U CL W w Zz Q Z N7 N Z z LLJ ad ¢ ;r, r> c» z M �n OOD mU H w �Qn o o IN N (D ^N N Z6 c6 LLJ F, rn YOR t�yM o0 C14 o d N Q D N N z N Q© ©� M w N ss��'0�ld ��• o z T-0 ENGINEERS CONSU47I 32 NENGINEERS, OApMO EWAY SUITE 101 NAMPA, N. NAMPA, IDAHO 83687 ,t `•lI/ SFO � 208.40-6300 r FAX 208.466.0944 "�• 11120 Project: 170005 ;�tjci -!z- i7 a Date: July 10, 2017T.�r 1OP� Page: 1 of 2 /N N soBOUNDARY DESCRIPTION WESTSIDE A parcel of land being a portion of Block 1 of Centrepointe Subdivision No.2 as recorded in the official records of Ada County in Plat Book 110 at Pages 158.89 through 15892 and situated in N1/2 of the SEI/4 of Section 32, Township 4 North, Range 1 Bast, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at a brass cap monument_ marking the southeast corner of said Seetion.32, thence along the east line of said Section 32 N00°30'13" B a distance of 1377.65 feet to a point, from which a brass cap monument marking the northeast corner of the SE1/4 of said Section 32 (E1/4 corner) bears N00130'13" B a distance of 1276,43 feet, thence leaving said east line N89°29'47"W a distance of 25.00 feet to a 5/8 inch rebar marking the southeast corner of said Centrepointe Subdivision No. 2, thence along the south line of said Centrepointe Subdivision No. 2, S89°59'41' V a distance of 1101,01feet to a brass plug in concrete marking the southeast corner of said Block I and marking the POINT OF BEGINNING: 1) Thence continuing along said south line S89°59'41"W a distance of 202.28 feet to a 5/8 inch rebar marking the southwest corner of said Block 1 and on the east line of Champion Park Subdivision No, 5 as recorded in the official records of Ada County, Idaho in Plat Book 96 at Page 11889 and 11890;. 2) Thence leaving said south Iine and along the line common to said Centrepointe Subdivision No. 2 and Champion Park Subdivision No. 5, N00127'52" B a distance of 113.42 feet to a 5/8 inch rebar; 3) Thence continuing along said common line N28°01'33" W a distance of 135.29 feet to a point; 4) Thence leaving said common line and along the line common to said Centrepointe Subdivision No. 2 and Champion Park Subdivision No. 3 as recorded in the official records of Ada County, Idaho .in Plat Book 93 at Pages 1114 through .11153 the following four courses N28°01'33"W a distance of 103.23 feet to a 5/8 inch rebar; 5) Thence N25°18'lTV a distance of 25.02 feet to a 518 inch rebar; 6) Thence N44048'39"W a distance of 99.27 feet to a 5/8 inch rebar; 7) Thence N31°39'52"W a distance of 201.38 feet to a 5/8 inch rebar; MERIDIAN e COEUR d'ALEN!~ n NAMPA • SPOKANE + BOISE L:\i 70005\50_Survey\Word Documents\Descriptions\ 170005 -Boundary West Side Description 0710-2017.doex Project: 170005 Date: July 10, 2017 Page: 2 of 2 8) Thence N47°36'25"W a distance of 44,38 feet to a 5/8 inch rebar marking the northwest corner of said Block 1 and being; the intersection of said conllnoir line, the north line of said Block 1 and the south line of.lasmine Acres Subdivision as recorded in the official records of Ada County, Idaho in Plat Book 59 at Pages 5829 and 5830; 9) Thence leaving said common line and along 'the line common to said Block land said south line S89°46'47"B a distance of 659.39 feet to a 5/8 inch rebar making the intersection of said common line, the west right-of-way line of N. Centrepoint Way and being; the northeast corner of said Block 1; 10) Thence leaving said common line and along the line common to said west right of way line and the east line of said Block 1 the following five courses, S00°00'55"W a distance of 42.47 feet to a 5/8 inch rebar; 11) Thence along the are of a curve to the right having a radius of 200.00 feet, a central angle of 22'02'53 ", an are length of 76.96 feet, a chord bearing S l 1'02'22"W a distance of 76.49 feet to a brass plug in concrete; 12) Thence S22°03'48 "W a distance of 248.04 feet to a brass plug in concrete; 13) Thence along the arc of a curve to the left having a radius of 250.00 feet, a central angle of 21'50'35", an arc length of 95.31 feet, a chord bearing S1 1'08'31 "W a distance of 94.73 feet to a 5/8 inch rebar; 14) Thence S00°13'14"W a distance of 175.42 feet to the POINT OF BEGINNING. Said parcel containing 5.31 acres, or 231,429 square feet more or less and is subject to all existing easements acid/or rights-of-way of record; or implied. MERIDIAN • COEUR d'AL8NE • NAMPA • SPOKANE • BOISE L:1170005\50_Survey\Word Documents\Descriptions\ 170005 -Boundary West Side Desoription 07-10-2017.doex zPROF n o w N !� Ul CJc1 Z �y<n r N w N '0 N G CJ Z z O W Z` 0 coCA " W W N W 00 50 N 801.'�� cri � 02 CO N O N CO o W W Cn • N W o N � •' � cn W ° ° V U) C n -0 1 m �y Ch ° to cWD 0z7 Al �'�Y A°ANT cl � z 0 � m �'m� o W a � �,�� z �� �; o m O x `-i I a •� w cn � N c m CA —j oo N A fi O Cl) N 0 � OOmT- O w o m �y 0 117 N t0 Dcny� p(n oU) o = wz z�1 0 0 cn o� 00 O 0 z 0 -49 b � m O • -��- O D N N �rej 02 02W W N m m -a Z C, D a" Co ® b z o -Ti -n „ -n z m to m Z oQM aD>00.a0 as pry ca F 0j Y/ A d to z z F g ILI m r 22 D� [ll "Y��' a z p w y' n z m m o '< ()p z ; li ro o ? OO K z m N � � 0 0 C7 Q O � m co rn z N N 0 � W Ui A �1 r � � co N lv Z o W � � 0 EXHIBIT B CITY OV MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW �z WE I vL-)'*'l A N; AND DECISION & ORDER I LI -000) In the Matter of the Request for a Modification to the Development Agreement to Accommodate the Proposed DevelopmentPlan; Conditional Use .Perrot for a Multi -Family Development Consisting of 215 Dwelling Units on 13.06 Acres of Land in the C -C Zoning District; and Preliminary Plat for 61 Building Lots and 4 Common Lots on 14.27 Acres of Land in the C -G Zoning District for Brickyard Subdivision, by John Carpenter. Case No(s), 14-2017-0107 For the City Council Hearing Date., of: October 3, 2017 (Findings on October 10, 2017) A. Findings of Fact l.. 14caring Facts (see attached Staff Report for the hearing date of October 3, 2017, it by referenc(i) 2, Process Facts (see attached Staff Report for the hearing (late of October 3, 201.7, incorporated by reference.) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 3, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report f or the hearing date of October 3, 2017, incorporated by referenco) B. Conclusions of Lacy 1. The City of Meridian shall exercise the powers conferred uponit by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (1,C. §67-6503). 2, The Meridian City Council takes judicial notice of its Unified Development Code codified at Title I I Meridian City Code, and alt current zoning maps thereof. The City of Meridian has, by .ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 1.1 -784 and Maps, 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § I t -5A, 4, Due consideration has been given to the coiyunent(s) received from the governmental subdivisions providing services in the City olMcridlan planning jurisdiction. 5, It is round public facilities and services required by the proposed development will not impose expense upon the public if the attaclied conditions of approval are imposed, 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Cleric and then a copy served by tile Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & OwElz FILE NO(S), f1-2011-0107 - I - 7, That this approwd is subj cot to the Conditions of Approval all in the attached Staff Report for the hearing date of October 3, 2017, incorporated by ref6rence. The condition.-, are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authorityas provided in Meridian City Code § I 1-5A and based upon the above and foregoing Findings of fact which are herein Adopted, it is hereby ordered that: 1. The applicant's requestfor a modification to the developinent agreement, conditional use permit and. preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 3, 2017, attached as Exhibit A, D. Notice of Applicable Time Limits *.Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, And confOrms.substantially to the approved preliminary plat, such segjncnts, if submitted within successive intervals of two (2) years, maybe considered for final approval without resubmission for preliminary plat Approval (UDC I 1-6B-713), Upon writteil request and filed by the applicant prior to the termination of the period in accord with I t -6B-7.A,, the Director may authorire a single extension of time to obtain the City Engineer's signature on the -final plat not to exceed two (2) years., Additional tirne extensions tip, to two (2) years As determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11, If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6134C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the, requirements set foill i in the conditions of approval, and acquire *building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat inust be signed by the City Engineer within this two (2) year period. Upon written request and filed by the applicant prior to the termination of the period in Accord with 1'1-513-6.G.1, the Director rnay authorize a single extension of the time to commence the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDEIZ FILE NO(S), 1-1-2017-0107 .2- use not to exceed one (1) two (2) year period, Additional time extensions up to two (2) years as determined and approved by the, City Council may be granted. With all extensions, the Director or City Council may require the cotiditional use coniply with the current provisions of Meridian City Code Title I I (UD(' I 1 -SB -6F): Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-651 [A. The development agreement maybe initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption offindings for such request. A development agreement may be modified by file city or an affected party of the development agreement. Decision on tile developmentagreernent modification is made by the city council in accord with this chapter, When approved, said development agreement sliall be signed by the property owner(s) andreturned to the city within six ((i) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signaftire of the agreement by all parties and/or maybe requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to theend of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that ll'ursuant to IdAo Code 67-9003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and most be filed with the City Clerk not more than twelity-eight (28) days after the final decision. concerning the matter at issue. A request for a regulatory takings analysis will tall the tirne period within which a Petition.for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board n-iay within twerity-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title: 67, Idaho Code. F. Attached: Staff Report for the hearing date of October .3, 2017 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & OIIDEIZ FILE NO(S), U-2017-0107 � 3 - A By action of the City Council fitit$ regular meeting hold on the je2 day of 2011� COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER, TY PALMER COUNCIL MEMBER LUKE CAVI NER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY do WEERD (TIE BREAKER) Mayor Attest: OF" 0 zi Cifyor -4 Ckay Cole SEAL City Clerk C.4t� eerd 1� VOTED VOTED Ye4 VQTED--& \Y VOTED VOTED VOTED VOTED Copy served upon Applicant, Community Development Department, Public Works Department and City Atforney, By: COWL rlut- Dated-.-- . ....._j City Clerk's Office CITY OF fAFRIMANFINDINGS 01, FACT', CONCLUSIONS OF LAW AND DECISION& ORDER FILE NO(S). 11-2017-0107 4- EXHIBIT A S'T'AFF REPORT C+(El 1 C-1>✓AR NO DA'T'E: October 3, 2017 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208.884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 S(JBJ;1 CT: Brickyard Subdivision CUP, PP MDA (H-20.17-0107) 1. SUMNIARY CiESCtt><l'"C'lON OF APPLICANT'S REQUEST The applicant; John C_'arp. nter, l]as submitted lin application 6w rnodification to the existing development }fir , ment (NIDA) to accommodate the proposed do clopinant plan; conditional use permit (CUP) foo, a multi -family development consisting of 215 dwelling units on 13,06 steres of land in the: C -EJ zoning district; and preliminary plat,(PP) consisting of 61 building lots and 4 common lots on 14.27 acres of land in the, C -G zoning district. It. SUMI'1•'INRY RCCONIMENI DAVON Staff reconin ends approval of the proposed MDA, CUP and PP applications based on the Findings of Fact and Conclusions of haw in Exhibit C of this report, The hIl)rl does ttvt require e cteairan(ivraz 11ze 1?lctrrrtitak r Zoning Conin ission, only City Council it. b. c. d. Summary of Commission public Hearint►. L to favor- oiiathan'Seel, James Doolin H. In opposition: None iii. Commenting: Irene Shrier iv, Written testimony: James Doolin A licant'sRe resentative �, r. Staff presenting application: SonyaAllen vi. Other staff commentina on application: None Key issues of Public Testimony:' L Concern reaardine traffic inmact on Usticic & Eaule Roads: desire for traftie;cahninu for the driyeNva;tr alone the west boundary of the site, and effect of proposed development on property (see condition #1.2.2e). ii, At the request of the apl;ikant,`the splash )tact, plastic contour benches and public art should final plans (see modification to condition #1.2.4 and Exhibit A.M. Brickyard Sub CUP,, PP; MDA (H-2017-0107) PAG, E 7 EXHIBIT A ifiJitclude a condition that re(mires speed bunips to be constructed within the drivewn west -vromrtLhouhdajLv for traffic calming.fsee condition #1.2.14 in Exhibit B). iwAllodify condition #142.4 in Exhibit B to allow the swimininj pool, clubhouse, slielter % c. uptstanaing issue(s) for uuy iuounc.q: The Applicants regu6ts Council approval of a waiver to U At L V. IL III. PROPOSEDMOTION Approval After considering all staff, applicant and,public testimony, I move to approve File Nuniber H-2017-0107, as presented in the staff report for the hearing date of October 3, 2017,,vvith the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and ptiblic testimony,, I move to deny File Numb( --r H-2017-0107, as presented during the hearing on October. 3, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I -move to continue File Number 1-1-20.17-01.07 to the he date of (insert continued hearing date here) for the following reason(s). (You shqu]4 State Specific MISOB(S).for C011tillLiance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located approximately 113 of a mile north orE. 'Ustick Road and vest of N. Eagle Road at 3611 N. Centrepoint Way, in the SE 4/4 of Section 32, ToArriship 4'North, Range I Eastt, Brickyard Sub -- CUP, PP, MDA. (H-20170107) PAGE 2 EXHIBIT A & Applicant: John Carpenter, T-0 Engineers 332 N. Broadiliore Way, Ste. 101 Nampa, ID 83687 C, Owner: Jeff W, Moore PO Box 82o4 Boise., ID D. Representative: Same as Applicant E. Applicant's StatementIJUstification: Please see applicant's narrative .for this information. V. PROCESS FACTS A, The subject application is for a conditional use permit, preliminary plat and a development agreement modification, A public hearing is rNuired before the Planning&, Zoning Commission and City Council on the preliminary plat and conditional use permit; and a public hearing is required only before the City Council on the development agreement modification, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: August 18, 2017 (Commission); September 15, 2017 (City Council) C. Radius notices mailed to properties within 300feet on: August 10, 2017 (Commission); S� gr -& 2-0.1 T(C-11Y.-Counci 1) D. Applicant posted notice oil site(s) on: August 25, 2017 (Commission); September 22, 2017 (City CO!LnqLl�) V.I. LAND USE A. Existing Land Use(s)., The site consists of 12 lots (Lots 9-11, Block I and Lots 16, 19-26, Block 2) in Centrepoint Subdivision No, 2, zoned C -G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Rural residential properties, zoned RUT in Ada County South: Conlinercial properties, zoned C -G East: Vacant/undeveloped property and atl office; zoned RUT in Ada County West: Single-family residential properties, zoned R-8 C. History of Previous Actions: This property was annexed (A7-03-025, Blue Nfiarlin) in 2003 and zoned C-0; a development agreement was required as a provision of annexation, recorded as *Instrument No, 105048793. A modification to the development agreement (MI -05-017, Nesmith Annexation) was approved in 2005, recorded as Instrument No. 106060856, to add 1.5 acres of property to the provisions of the develo,l)ment,igree-t,neiit,,itid reduce the landscape buffer along the west. property boundary adjacent to the residential uses in Champion Park Subdivision to 10 feet, A preliminary plat (PP -06-063) for CentrePoint North Subdivision was approved in 2007 Brickyard Sub -- CUP, VP, MDA (H-2017-01 07) PAGE 3 EXHIBIT A A final plat (FP -07-011) for Pha8e.2 of the development which includes the subject prof?erty wets approved in 2007 and recorded in 2016 (book 1 10; Page 158.89). Anew development agreement (Blue Marlin, MI -06-008) was approved in 2006, recorded as Instrument No. 106191305, which replaced the two earlier agreements (4105048793and #1 This agreement removed the requirement fora conditional use permit/planned development to be submitted and included a conceptual development plan for the site. The Koh7'sparcel (#,50532449210) ii,as aveludecifrow this crgreeinent (trot is still suGjeet to the two tjvrementloned cigreernents. A modification to the development agreement (tust. #1106191305) (MDA -I2-007) was approved. in 2012, recorded as Instrument No. 114002255, which amended the conceptual development plan and associated provisions ofthe t groement to allow the development of multi-hmily residential uses within CentrePoint Subdivision which was previously prohibited, "comtitercial/tnulti-family" was depicted on the concept plan as future uses for the subject property. A modification to the development agreement (Inst. #11061:91305 & 114002255) was approved in 2016 to allow the development of a self-service storage facility with outdoor storage oil the portion of this site that lies west of N. CentrePoi ttWay'(bI-2016-0057, InstrtunentNo. 2016-07!3095). A conditional use permit (k1-2016-0069) was also approved for a self service storage (CentrePoint Storage) facility on that site, A property boundary adjustment (A-2017-0133) for CentrePoint Subdivision No. 2 was tentatively approved on August 15, 2017 which adjusted the, property lines between Lots 16 and 17, 18 and 19, and 18 and 26, Block 2. Final approval is required to be obtained within one year of the date of tentative approval, C. Utilities: 1. Location of sewer: 'The city currently owns and maintains sewer mains directly adiacent to the proposed development in N. Centerpointe Way. 2. Location of water: The city currently owns and maintains water mains directly adjacent to the proposed development in N. Centerpointe Way. 3. Issues or concerns: The upplicant-shall be responsible for the` installation of additional water and sewer inains and services to the project'. D. Physical Features: 1. Canals/Ditches Irrigation: There are no open waterways on this site. 2. Ho arils: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: This site does not lie within the floodplain overlay district. VII. COMPREHENSIVE PIAN This property is designated Mixed Use --- Regional on the Comprehensive Plan Future Land' Use Map. The purpose of this designation is to provide tt mix of employment, retail, and. residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of mases together, including residential, and to avoid predominately single -use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw Nvith the appropriate supporting uses, Mixed use developments are encouraged to be designed according to the conceptual MU -R plan depicted on page 30 of the Comprehensive Plan as shown below. (brickyard Sub -- CUA, PP, MDA (N-21)17-0107) PAG, : 4 EXRIBIT A The applicant proposes to developnient MUlti-farnily 4-plexes on the site containing a total of 215 dwelling units in townhorne configurations; and 32 vertically integrated residential units with a total of 7,300 square feet of cornmercial space on the ground floor in two (2) 3 -story buildings, The rnulti-family portion of the development requires conditional use permit approval in the C -G zoning, district, the vertically integrated residential use does, not, Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): "Provide for awide diversity of housing types (single-family, modular, mobile homes and multi- family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development." (3.07,03B) Theproposed development will contribute, to the variwy oj'hoiising tvpes available within this part qf the City and wifl q/ ,J�,r rental opfionslbr 3 bedroont unils. "Support A variety of residential categories (low-, -triedium-, mediurn-high and high. -density single- -family, multi4amily, townliouseg, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable hausixig oppottunitics,�' (3.07 1 ME) The proposed 3 hedroom units will contribute to the variety qfresidenaal housing options ivithin the Qj,; sufff is unaware how "qgbrdable " the units ivill he. "Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets," (2,01.0413) Ltindscaping is proposed within phis site m shown on the ,lanter islan& in the parking art(is 6n t landscapeplan attached in Exhibit A,6: "Provide housing options close to, employment and shopping centers."? (3.07.029D) This site is located in close proviinity to the stores in CentreIloint Subdivision, The Village and Crosxrowlv as well as mqjor emiployinent areas to the south (i.e. Blue Cross. Scent�yi PKQ St. Luke s hospital and medical offices, etc), The proposed houshiq development ivill provided much needed density in this area and housing options, for einplo�yees in close proyhni�y to their lvork place. "Require open space areas within all development," (6.01,01N) The proposed development is required to con;plv with the minimum common open space design standards listed in 11-4-3-27Cfir tnalt!-famt*ly developments. Brickyard Sub -- CUP, PP, MDA (H-2017-0107) 1AGE 5 EXHIBIT A "Permit new development only where urban services can be rea.qonably provided at the time of final approval and development is contiguous to the City." (3.01.01 I=) City xeiver and water services, are availah/e to N, aviended to the S111yeet properly ivith devetoj)lnent oj'ihe site. "Restrict private curb cuts. and, access points on collectors and arterial streets," (3,06,02D) The proposed site plan depicts 3 accesses on each side ol*N,' Centrelohit TPajv, a collector street, Because the UDC (II -3A-3) litnits access points to collector streets unless other ivise it,aiyed 4y City Coum.41. Counctl tzppru va/ of the proposed accesses is reeptired, "Locate high-density development, where possible, -near open space corridors or other permanent *major open space and park facilities, Old Town, and near major access thoroughfares." (3.07,02, pg. 55) The proposed development is located near major access thorottg-UKires (SH 5.5/7v. Eagle Rd.1R. Fah,NeivAve) and viithin a mile q� Kleiner Park- (a 60 -acre Ci(vpar1c). "Protect existing residential properties from incompatible land use development on adjacent pareels."(3,06,01 F) Suij ,Jfieels the prol)osed 4-1*x demlopment .should .bea comj)afible use acUacent to single-jandly residential uses to the awest and rural resi(kntial uses to the north as they are all residential in nature. "Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system." (3.03.03B) A pathway stub currently exists tit the west boundary qf "the siteftoni Chantl3ion -Rark Subdivision, I u4tich will link the existing and proposed developments together. In accord with the above policies and for the above -stated reasons, staff believes the proposed use is appropriate in this location. VIII. UNIFIED DEVELOPMENT CODE A, Purpose Statement of Zone: Per UDC I1 -2B-1, the purpose of the corarnercial districts is to provide for the- retail and service needs of the community in accord with the Meridian Comprehensive Plan. Six districts are designated which differ in the size and. scale of commercial StRICtUrCS accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. Allowed ages in the C -G district consist of the largest scale and broadest mix of retail, office, service and light industrial uses and are typically located in close proximity and/or with access to interstate or arterial intersections, B. Schedule of Use: Unified Development Code (UDC) Table 11-211-2 lists the permitted, accessory, conditional, ands in e ib rohited uses in the C-0 zoning ditrict. A inulti- p fiarnily develoj)inent is listed as a conditional arse; retail stores and vertically integrated residential projects are listed as a permitted use In the C -G district. C, Dimensional Stiandards: The dimensional standards listed in UDC Table I 1-213-3 for the C -G zoning district apply to development of this site. D. Landscaping: Street buffer, parking lotandbuffers to adjoining' residential uses are required to be installed in accordance with the standards listed in UDC Table 11-2B-3, UDC 11-3.13-7C, 11-313-8C and I t -313-9C for the C -G zoning district, Wickyard Sub -- CUP, PP, MDA (H-20,17-0107) PAGE 6 EXHIBIT A E i. Off -Street Parking: OffLLstrcet. parking is required in accord with UDC Table 1:1-3C-6 Cor multi -family dwellings & vertically integrated residential use,,, F. Structure, and Site Design Standards: Development of this site must comply with the design standailds in accord with UDC 11-3A-19 and the standardslistcdin the Arch] , tectural Standards Manual, IX. ANALYSIS A. Analysis of Facts Leading to Staff Reconunendationt 1. DEN' ELOPML,NilAC.RLEji,tENTnODIFIC,�']'ION(MDA):Thi; til)plicant proposestomodify the existing developments (Instrument # t06191305,114002255 and 2016-079095) to change tile development plan on the west side of CentrePoint Way from a self-service storage facility to a mUlti- family development; and the cast side of CentrePoint Way front multi -fancily and coinniercial/retail to triulti-41amily and vertically integrated residential. The proposed conceptual development plan consists of a total of 247 dwelling units with 215 units in 2 and 3 -story -four-plpx townhome. configurations and 32 dwelling units above and behind commercial .spaces totaling 7,300+/- square feet in two (2) vertically integrated structures (,see Exhibit A.2 for existing and proposed concept development plans). The applicant also proposes to amend the DA to include changes to the text of the agreement as, noted in Exhibit A.3. Staff has also included recommendations for modifications to the applicant's request as well as new provisions based on the proposed development plan, Please see Exhibit A.3 for more information. 2. PRELIMINARY PLAT (PP): A preliminary plat is proposed consisting of 61 building lots and 4 common lots oil 14,27 'acres of land in the C -G zoning district for'Brickyard Subdivi*sion (see Exhibit A.5). This is a re -subdivision of Lots 9-11, Block I and Lots 16, 19-26, Block 2, Centrepoint Subdivision No. 2, A property boundary adjustment (A-2017-0133) was recently tentatively approved (subject to -final approval) that created (fie boundary configuration of the subject property, Prior to submittal of die first final plat application, the PBA approval should be finalized. Phasing: The plat is proposed to darclop in four separate phases, beginning at the north end of the site on the cast side of N. Centrepoint Way; the majority of thesite amenities are proposed to be constructed inPliase. 4, the last phase (see phasing plan iii.Exhibit A.5)..Becouse the dog park and two shelters are the o)11X1, amenities proposed in the first three phases of development, Staff recommen& the amenities proposed on Lot IC, Block 2 consisting of swimming pool, v.1aslilmd-, community center, shelter Bund playground are constructed with the first phase of development. Dimensional. Standards; Theproposed plat is required to comply with the dimensional standards listed in UDC Table I I -2.-B-3 for the C -G zoning district. There is no minimum lot size or street frontage ,requirements but there, is a inaxinium. building height allowed of 65 feet, Access/Traffic: Access to streets should comply with the standards listed in UDC 11-3A-3. Access to collector and arterial streets is limited unless otherwise approved by City Council. This site abuts a private driveway along the south boundary of the site and N. Centrepoint Way bisects this site north/south iaccess- via.a local street is not available. Three private driveway accesses via N. Centrepoint Way, a collector street,, are proposed on each side of the street — one of those Is for access to the parking lot at the central common area on Lot IC, Block 2, the others are for access to the residential units; City Council approval of the proposed accesses is required. Two driveway accesses are also proposed via the cast/west private drive that connects to Eagle Road.. There Brickyard Sub -- CUP, PP, MDA (1-1-2017-0107) PAGE 7 EXHIBIT A are no existing stub streets to this property from adjacent properties that require extension nor are any proposed. .A Traffic;Impact Study (TIS) was Submitted to ACFID for this project. A staff report has not yet been received from ACHD, Landscaping: Street butfe", are required as set forth in UDC Table 1 1 -214-3 for the C -G district and landscaped in accord with the standards, listed in UDC 11 -1B-7C. A 20 -foot wide street buffer is required to be provided along either side of N. Contrepoint Way, to collector street; a buffer is proposed as required with a 4 --foot tali berm with a mix of evergreen and deciduous trees, A I O -foot wide street buffer is required to be provided along the north boLmdary of the site adjacent to Jasmine Lane, a private street, per the development agreeinent (Ins(. #2016-079095). Per `UDC 11-313-7C;2, all: residential buffers tire required to be-orra common lot, maintained by a homeowner's association and shall be planted in accord with the standards listed in UDC I I -313-7C. There are no existing trees on this site that are being removed that require mitigation. All street btifrcrs are required to be planted with trees and shrubs, lawn, or other vegetative groundeover., a minimum density of one tree per 35 linear feet is required within street buf&ks. The calculations table shown on the landscape plan should be -revised to reflect the linear feet of frontage on N, Centrepoint Way and Jasmine Lane less the width of driveways and the updated tree requirement. Subdivision Design & Improvement Standards: Compliance with the subdivision design and improvements standards listed in UDC 11-6C is required. Staff has reviewed the proposed plat and determined it to be in compliance with these standards. Sideivalksi Sidewalks are required to be provided with development in accord with the standards listed in UDC I 1-3A-17. Typically, a 5 -font wide detached sidewalk is required along collector streets; however, because N. Centrepoint . Way wasn't designated asa collector street when the initial development Nvas approvcd, a 5 -foot wide attached sidewalk was allowed to be constructed. Theretbre, staff does not recommend the sidewalk idewalk is reconstructed to complywith this requirement. Utilities: All develo * pment is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC I I -1A-2 1, A sewer & water easement exists across Block 2 as depicted our the Centrepoint Subdivision- No, 2 plat. Prior to submittal of the final plat for City Engineer signature on Phase 1, suOuilt a written request :for the, relinquishment of the easement to the City (Inst. #2016-060153). Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the develop ment in accord with UDC I I -M -I 5 as propose -di Storm Drainage: An adequate storm drainage system isrequired-in all developriients, design and construction shill follow best management practice as adopted by theiCity as set forth in UDC 1 1 -3A- 18. 3. CONDITIONAL USE PERNMIT (CUP): A CUP is proposed for a multi -fatuity development in a C-0 zoning district containing a total of 215 dwelling units on 13.06 acres of land. The units are proposed to be configured as 4-plex townhouses (ix, each unit: has an upstairs and downstairs) — 39 of the units are in 2 -story structures and 1,76 of the units are in 3 -story structures. Note., Tive) vertically integrated builefings (ire also proposed within this (&,velopment that Contain a total (?f'32 divellin�y, units (ind 7,300+1-s,(1vare ,feet of onnnercial area but are not included in the.fillmi,ing analysis as the uses are permitted in the Cr district and do not required CUP approval. Analysis oj'Me vertically integrated residential prqlect will take place i-vith the Certyt'cate ofZoning Compliance application, Brickyard SO— CUP., PP, MDA (14-2017-0107) PAGE 8 EXHIBIT A Specific Use Standards; The specific use standards for i-nulti-fiandly developments listed -in UDC 11-4- 3-27 apply to development of this site as follows, (Stall's colliMenO in it(dics) A minimum or 80 square reef (s.f.) of private useable open space is required to be provided for each unit. The applicant's narrative states 82 square foot patios are proposed for• each unit in compliance with this requireinent. Dcvelopments with 20 units or more shall provide a property management office, a maintenance stora,g,e urea, a cental a mailbox location with provisions for parcel mail that provides safe pedestrian and/or vehicular access and a directory map of the development at all entrance or convenient location for those entering the development. The site plan depicts cluster niailboxes throughout the den,elopment which should include provisions fi)i- parcel inail; the prc)perly Ineinagrenlent oftice is proposed to be located in the vonununih, center; and the niaintenance storage area will he located in one of the garage units at the east boundai.y of thesite to the east qf the, vertically integrated buildings, The site plait subitsitted u4th the Certifieute of Zoning Compliance application should depict the location of the direelmy inapfor the deveIopment and the other required items. A titinin-ium or 350 square feet of common open space is required for each unit containing more than 1,2p0 square feet of living area. 411 qfthe proposed units are between .1, 450 and 1,75`0 square fleet; thel-4-fiore, a Ininfinnin of 75,250 squareel (or 1.71 acres) of cointnon open space Is required.for this develqiinanfi The open space exhibit included in lTxhibit /1, 7 depicts a lotal of 4.25 acres q fconnnoir open space in accord with this requirement. For multi -family developments with 75 units or more, 4 site amenities are required to be provided with at least one from each category listed in 1YDC I I -4-3-271), For developments with more than 100 units, the decision making body shall require additional amenities commensurate to the size of the proposed development. The applicant proposes internal palhit,,-rI>s throughout the developtnent: a 20' x 20'fabric-sail shelter, a 16'x 20' dual slope pavilion, a 11. 750 square fool, fenced dog, park, a 2,400 square fool open spacelill-ban plaza for the ver-tically integrated Ifilits, a Children's play structure, a 20'x 40' outdoor,swiinning pool, spAqsh pa a chibhouse with at covered patio, a 50'x 100'grassj, open area, a 20-30yard x 2.5-35 yat-d U8 soccerlsports .field, picnic tables, qtgj1)ark benches; plffftio eontetw beifehay and pubhe qi*, These alnellities fidl wilhin the quality of life, open space and recreation categoiles as required and Slajffeels the), are, coinniensiti-ate.ffir the proposed development. Landscaping is required to comply with UDC I 1-4-3-27-F. All street facing elevations shall have landscaping along theirfoundation as follows: the landscaped area shall be at least 3 -feet wide and have an evergreen slitub with a ininfinurnmature height of 24 inches for every 3 linear feet of foundation. The: remainder of the area shall be landscaped with ground cover plants. The landscape plan submitted with the Cedfflcate- qj'Zoning Compliance should comply with this requirententfir the sides of the structures that fitee X Centrepoint Way, Jasmine Lane and the east1westprivate driveway that die's along the south boandaq of tare site. The development is required to record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. A minfinuin building setback of *10 feet is required unless -a. greater setback is otherwise required per UDC 11-4-3-27.8:1.X111 buildings depicted on the siteplan conipl), with this requh-einent. All on-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be located in areas not visible from a public street, or shall be -fully screened from view from a public street. The applicant should comply Wilt this Brickyard Sub— CUP, PPj M DA (11-2017-0107) PAG, E 9 EXHIBIT A requirement; ?f any oj'fhese are prolmsed, they should be included on Ilse landscape plan, submitted with the Certificate qj'Zonhig Compflance (II)lVeallon. Parking., For multi -family developments, off-street parking is required in accord with the standards listed in UDC Table 11-3C-6, which requires 2 parking spaces per dwelling unit with at least one of those in a covered carport or garage. Based on (215) 3 -bedroom units, a minimum of 430 parking spaces are required, 215 of which are req4red to be covered. A total of 594 parking spaces consisting of 254 garage spaces, 254 driveway spaces and 86 guest spaces are proposed which exceeds the mininitim UDC standards by it total of 164 spaces,, Two story units are proposed to have 2 car garage and 2 driveway spaces. Note: The are -noted calculations were provided 0 1iv the aplVicant" the calculations on the plat (sheet) are not correct and need to be reviseJ For non-residential uses such as the community center, a minimum of one space is required to be provided for every 500 square feet (s.f.) of gross floor area in accord with the standards listed in UDC I t -3C -6B. Based on .1,600 square feet, a minimum of 3 spaces are required. A total of 8 parking spaces are proposed for the community centerMplashimd/playground area in accord with LJDC standards. A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof is required to be provided on the site per UDC 11 -3C -6G in accord with the standards listed in UDC I l- 3C Based on 633 vehicle spaces proposedi a -minimum of 26 bicycle spaces are required; a total of 48 spaces are proposed In several bicycle racks dispersed throughout the development in accord with this requirement. .Landscaping., Parking lot landscaping is require(] to be provided in accord with the standards listed in UDC 11 -3B-8C and will be -reviewed with individual Certificate of Zoning Compliance, applications. The UDC (I 1-213-3) requires a 25 -foot wide buffer to residential uses in the C -G district; however, the development agreement (Instrument No. 106060856) allows a I 0 -foot wide buffer to be provided instead with the stipulation that trash compactors and loading.docks not be allowed along the west side of the future buildings, Landscaping Is required to be installed within this buffer in accord with the ,standards listed in UDC I I -313-9C which require a dense buffer consisting of a mix of evergreen and deciduous trees, shrubs, lawn or other vegetative ground cover that results in a barrier that allows trees to touch at maturity. Fencing: All new fencing is required to comply with the standards listed in 'UDC I 1-3A-7, A 6 -foot tall vinyl privacy fence is proposed along the north boundary of the site and shall be located at the back edge of the street buffer along.lasmine Lane. A -56-foot- tall metal view vinyl privacy fence is also proposed along the east boundary of the site adJacent to Riture commercial uses. Trash Enclosure: The design and locations of the trash enclosures are required to be approved by Bob Olson at Republic Services (phone: 208-34541265; or,. email: Olson, Robert rols Li@,j�g�)uficservices,corn, A stamped ap proved plan is required to be submitted with the Certificate of Zoning Compliance application for the proposed trash enclosures. Site Amenities:. Site amenities are as proposed -in Exhibit A.6 antras ;noted above. The majority or the amenities for this site are proposed on Lot IC, Block 2 in Phase 4 — the last phase of development. Staff recommends the swiffitning pool, splasb-p#d-, community center, shelter and playground is included in the first phase of development instead; the soccer field and open space maybe counpleted with Phase 4 as proposed. Building Elevations.- Two building types in various color 'schemes are proposed for the 4=p1(-'J;9trUctures within the development consisting of 3 -story units and 3 -story ivith 2 -story units on each end as shown in Exhibit AX. Buildings along the west boundary are proposed to be all 2 -story 4-p-lexes to preserve view corridors of the adjacent development and provide a transition to the 3 -story structures, To ensure Brickyard Sub — CUP, PP, IVIDA (14-2017-0107) PAGE' 10 EXHIBIT A buildings are 2 -stories along the west boundary staff recornniends a provision is added to the DA to restrict buildings to 2 stories In that area. The architectural character of the structures shall comply with the standards, listed in the City of Meridian Architectural Standards Manual, The elevations submitted with the Certificate of Zortilig Coinplialice application should uld demonstrate compliance with those standards and should be substantially consistent with the concept elevations submitted with this application, Certificate of Zoning Compliance: The applicant is required to obtain approval ora Cortificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements and structure,-, comply with the provisions of the UDC and the conditions in this report, in accord with UDC 11-514-1. Design Review: The applicant is required to submit an application lor Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11 -SB -B. The site and building design is required to be gelierally consistent with the elevations, site plan and landscape plan submitted with this application, the standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manu€ l. and conditions of approval in Exhibit B. Stqffreconunen& approval of the subject al)pfleations with the conditions listed in Exhibit B per the r1indings in Exhibit C X. EXRIBITS A. Drawings 1. Vicinity/Zoning Map 2. Existing & Proposed Conceptual Development Plans Included in Governing Development Agreements 3. Proposed & Recornmended Modifications to Development Agreement 4. Site Plan (dated-, 7/13/2017) 5. Preliminary Plat & Phasing.Plan (dated.: 7/.13/2017) 6. Landscape Plan (date: 7/13/20)7) & Site Amenities 7. Open Space Exhibit (dated: 9/5/2017) 8. Proposed Building Elevations & Floor Plans .B. Agency Comments/Conditions of Approval I. Planning Division 2. Public Works Department 3. Fire Department 4. Police 'Department 5, Republic Services 6. Ada County Highway District 7. Parks Department C, Required Nridings from Unified Development Code Brickyard Sub— CUP, PP, MDA (H-2017-0107) PAGE 11 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 12 Exhibit A.1: Vicinity/Zoning Map ÚÚd ÚÚd R-4 RUT C-G R-8 R-4 R-8 R-2 R1 RUTD/DA R-8 R-8 R-8 R-2 R-15 R1 R-8 RUT R-4 R-4 RUT RUT R1 R1 R-15 C-N C-C R-15RUT RUT R1 R-2 R-8 N E A G L E R D E USTICK RD E JASMINE LN N G R E N A D IE R W AY N S H A R O N A V E E ARCH DR ETRAILBLAZ E R DR E SPEARFISH DR N LESLIEWAY N PANKRATZWAY E KAMAY DR E RINGNECK ST E WAINWRIGHT DR N W IN G AT E L N E PICARD S T ELOBELIAST E NAKANO DR N TR O X E L W A Y E VAN OKER ST E BOWMAN ST E PICARDLN N D E V L IN W A Y N VE R A D O AV E NSUMMER FIELD WAY E CHANDLER ST E RACE CT N D E V L IN A V E N B E T U L A AV E E RACE ST E SUMMERDAWNDR N H A W K INS A V E N R E C O R D S A V E E MILFORD ST N S PA N G L E D R E CONNER ST E SUMMER DAWN STESUMMERDAWNDR N D A S H W O O D PL N C H A N C E RY P L ELEIGH FIELD DR ECONKLINDR E G ARBER DR E SATTERFIELD S T N R O S E P O IN T A V E E SEVILLE LN E TECATE LN E MODELO LN E SIDEWINDER DR N SU M M E R PA R K AV E N L A N C E R A VE N D U A N E D R E D IL L O D R N PETTYWAY N VILLERE LN E OMERA ST E WIGLEDR E PARADISELN EFREEDOMLN N C E N T R EP O IN T W AY N BROOKSBU R G W AY N S H A R O N AV E N C A J U N L N N D IX O N AV E N C H E LM SF O R D AVE N S U M M E R C R ES T W AY N D IXON AVE N L E SL IE WAY N LESLIE W A Y ESUMMERCOVEDR N LA N CE R AV E N J U ST IN AV E LIN W O W N B E T ULA AV E N C A M A S C R E E K W A YN PATRIOT CIR N LAWS PL ESWINDELL R E STAR LN E STAR LN N L E B L A N C W AY RO U ERIVEWY 4N1E33 3N1E05 3N1E04 North Slough ENSR Survey Sh avrerLateral Nourse Lateral Milk Lateral SouthSlough EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 13 Exhibit A.2: Existing & Proposed Conceptual Development Plans Included in Governing Development Agreements Existing Concept Plan included in Development Agreement (Inst. #106191305, MI-06-008): Modified with 1st and 2nd Amendments to Development Agreement (see below) EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 14 Existing Concept Plan & Building Elevation Included in 2nd Amendment to Development Agreement (Inst. 2016-079095, H-2016-0057): Proposed Conceptual Development Plan (dated: August 30, 2017): Self-service storage facility EXHIBIT A Exhibit A.3: Proposed & Recommended INtodifleations to Development Agreement 4. USTS 1J"FRAf11.7,FD BY 111TV A GJ?Fr.,1JFAT: 4.1.n Allfiture developm.ew shall comp�j, with the design standards listed in UDC II - .4-1.9, I- .4-19 andthe-Archirectural Standards,11atmal, as applicable per UDC 11 -5B -SB. 4,Lb Funwe constniction on the subjeet sim shall be general�v consistent with the Have)- Site Plan submitted with tvft-06-003, (exclndi7ig the Kohl's parcel, 950532449210.) and Including the Concep mal Development Plan(Exhibit B)and Conceptual Building ElevatiowtExhilit C) submitted with 4 mw. H.20;�.O;;7 L JLK —ro A4tefl6f% All lots .111thfirontage on eagle. the western and norther)i property, boundaries shall contain fircestanding buildings �^O, till�111011 �11�nw bwldhi�L% Ij a fiattre proposed building is not generalli, consistent with the 4faster Site Plot) Ov Conceptual d4velopment.plan for the northwest corner of the side (a$ applicable), then the development agreement shall be, modified accorilingly-, 41st Thefollowing uses shall- not be allowed On an•v lot adjacent to the western or northern property boundivy (shmn on the.Mastor Site Plan (Pads 948, 21-24 and the • Owdoor arts, • Outdoor stage, mysic venne, arts; entmahnnent or recivationfildlit), • Chtivell 01 -place 6j,religious worship • Friel sales facility=, ti'-uck stop ip Hotel andmotel Indusny, ittfortnatioll Industly, light • mortim)), » Nursery r~ arbanfirain Recreational vehirle.park Temporaty use Vehicle sales or rental and sonlec • Vehicle washl , ngfocility, wiless as apt ace"soo, use ori List 8, Block I CClltrepoillte Subdhisioit) Tvireless and/0), 101%,e), 111reless amatear radio anteynta 4,1.d That all fimire bid1ding.7 on the subject proper& will be required to submit a. ("e'lliffeato of Zoning Compliance (CZ(() application prior to constim-don. And all fierrav bitildings adjacent to Eagle Road and Ustick Road will be requfred to obtain Design Review approvalpriorto consmictfon. CQ4NrD1F10,YSt G 0 T ERNING DEFT L OP.AMAIT OF S UBJE, CT PR OPE, R T1 awwrlDeveloper shall devolqp file Propert y it) aveordalive with the f6ilowing ,special conditfom., 5.1.0 Allfilrure uses Oil proposed lots or parcels within the annex-ation area shall be required to eomplywith the amended ,Faction 4 qj'rhe DevelopmentAgreement and the Cit y's UnffiedDevelopment Code Mckyard Sub — CUP, PP, MDA (14 2017-0107) PAGE 15 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 16 Staff recommends a pathway IS constructed at the west boundary of this site that connects to the pathway from Champion Park for interconnectivity between developments; modify provision accordingly Strike “sidewalk included” as the sidewalk is depicted on the landscape plan outside of the 10’ landscape buffer Include: “and shall be consistent with the standards in the Architectural Standards Manual”. Include: “and shall be consistent with the standards in the Architectural Standards Manual”. Include: “Multi-family units shall be restricted to 2-stories in height along the west boundary adjacent to Champion Park Subdivision to preserve view corridors of adjacent residents as proposed by the Developer”. Delete provision (Staff recommends a pathway is constructed with this development that connects to the existing pathway in Champion Park Subdivision for interconnectivity between developments as noted above in provision #5.1c.) EXHIBIT A Staff Recommends the Following Additional Provisions are added to theAgreentent; The CSC&R's for the development shall restrict file use of garages within the development to parking for vehicles only to ensure the site has adequate parking for its re:sidcnts. Tour -foot tall bollard lighting is required along all internal pathways, within the multi -fancily portion of the development, Include traffic calming textures on internal drivewayswithin the development as proposed to slow traffic, Provide a crosswalk if allowed by. ACHD:ac.ross Centrepoint Way to provide safe pedestrian access to the common area where the swimming pool and community center' is located. Business hours of operationfor commercial uses that abut a residential use or zoning district are restricted from t 00 am to 11:00 pin unless extended hours are requested andapproved wd through a conditional use permit in accord with UDC I 1-213w3A.4. Design, of all structures shall comply with the standards listed in the Architectural Standards Manual and shall be generally consistent with the conceptual elevations submitted with this application included in Fxhibit AX Residential buildings along the west boundary ofthe multi -fancily development a(Ijacentto'Champion Park Subdivision shall be restricted to 2 -stories in height as proposed by the applicant in Exhibit A.8. to preserve view corridors dors fior (lie adjacent residents in Champion Park Subdivision. Brickyard Sub— CUP, PP, MDA (14-2017-0107) PAGE 17 EXHIBIT A Exhibit AA: Site Plan (dated: July 13, 2017) EXHIBIT "B" The conventional townhome buildifies have the followbw suaces: 254 garage spaces, based on the following: o 39 units with 2 -car garages o 176 uliits with T -car garages 254 driveway parking spaces, based on the following: o 39 units with 2 -car driveWay spaces b 176 units with I -car driveway spaces 86 siviest parking s0aces TOTAL PARKING SPACES IN TOWNT-10ME PORTION OF THE DEVELOPMENT — 594 SPACES provided, 430 required The Clubhouse has The following spaces: 7 guest parking sl)aces I haridicap parking space TOTAL PARKING SPACES FOR THE CLUBHOUSE — 8 SPACES, 4+ required Brickyard Sub -- CUP, PP, MDA (H-2017-0107) PAGE- 18 z 9 fQ EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 19 Exhibit A.5: Preliminary Plat & Phasing Plan (dated: 7/13/2017) EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 20 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 21 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 22 Exhibit A.6: Landscape Plan (dated: 7/13/2017) & Site Amenities EXHIBIT A .................. ------ - . ..... . . .... . ............... .......... ........... W, ........................ .. . . ........ ........................... ............. . ... . .. . ....itLl9 . ................ . . ..... . . ......... .. ....... . .. ... ....... . . ......... ...................... ... . . . .............. . . . . ..... . . ....... I W"T ig I A111 -TF 7i .. .... . ..... Vinm Ngml 3 Slori - N , pn 3 swry - P'liigm IN&41 I (It'lloll 2 mig !! "Nilmirilmils UNIT I Brickyard Sub -- CUP, PP, MDA (H-2017-0107) PAGE7 23 Cal ffi - R. I . . ......... ...................... ... . . . .............. . . . . ..... . . ....... I W"T ig I A111 -TF 7i .. .... . ..... Vinm Ngml 3 Slori - N , pn 3 swry - P'liigm IN&41 I (It'lloll 2 mig !! "Nilmirilmils UNIT I Brickyard Sub -- CUP, PP, MDA (H-2017-0107) PAGE7 23 EXHIBIT A . 'JVf- 14 ar>Yena I Brickyard Sub — CUP, PP, MDA (H-2017-0107) PAGE 24 . . . . . ........ . .... . ...... . ....... . ................. . .. L' r r 1 I Brickyard Sub — CUP, PP, MDA (H-2017-0107) PAGE 24 Brickyard Sub — CUP, PP, MDA (H-2017-0107) PAGE 24 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 25 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 26 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 27 Exhibit A.7: Open Space Exhibit (dated: 9/5/2017) EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 28 Exhibit A.8: Proposed Building Elevations & Floor Plans EXHIBIT A 2-3-3-2 Townhom.es 4 -Flex '�Z Floor 1 Brickyard Sub -- CUP, PP, MDA (H-2017-0107) PAGE 29. Floor 2 Floor 3 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 30 EXHIBIT A 3-3-3-3 Townhome 4-Plex Floor 1 Brickyard Sub— CUP, PP, IvIDA (H-2017-0107) PAGII 3:1 Floor 2 Floor 3 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 32 Buildings restricted to 2-stories EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 33 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 34 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 35 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 36 Clubhouse: EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 37 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 38 Garages: EXHIBIT A. B. Agency Coninrents/Conditions 1. P1,ANNING DEPARTMENT 1.1 Site Specific Conditions o.f;Approval -- Preliminary Platt 1.1:1 Development of the site shall substantially comply with the preliminary plat, site plan and building; elevations included in.Exhibit A, the design standards listed in iJDC l 1-3.A-19 and in the Architectural Standards, Manual, and the conditions in this report. 1.1.2 The preliminary plat included in Exhibit A.5, dated July 13, 2017, shall be revised as follows: a. The 204foot wide street buffer along N. CentrepeintWay, a collector street, and the 10 -foot wide street buffer along, Jasmine Lane, a private street, is required to be, placed in separate common lots or on permanent dedicatedbuffers depicted on the plat, per UDC, 11-3:13-7C.2. 1.1.3 The landscape plan included in Exhibit A.5, dated July 'I3; 2017, shall be revised d as follows; a. Rovise the calculations table shown on the landscape plan to reflect the linear feet of frottage: along N. Centrepoint Way and Jasmine Lane less the width of driveways and the updated tree requirement based on the standards listed in UDC I 1-313-7C. Additional trees are required within the street buffers to comply vi ith UDC 11-313-7C. b. The 6 -foot tall vinyl privacy fence proposed along the north boundary of the site 'adjacent ,to Jasmine Lane shall be depicted at the bank edge of the. street buffer. l .I.4 City Council approval (or partial approval) of the proposed accesses via N. Centrepoint Way, a collector street, is required. The City Council granted a ivait>er to UDC 11-3A-3lbi-all (?ftheproposed accesses. 1.1.5 Prior to submittal of the final. plat for City Engineer signature on Phase t; submit a written request to the; City for relinquishment of the sewer and water casement (Inst. #2016-060153). L-1.6 The applicant shall obtainfinal approval of the property boundary adjustment application (A-2017-0133) from the Planning Division prior to submittal of the first final plat application. 1.2 Site Specific Conditions of Approval — Conditional Use Permit 1..2.1 The site plan ,included: -in Exhibit AA, dated July 13, 2017, shall lie revised as follows: a. Depict the property management office, maintenance storage area, central mailbox Iocatioiis (in6luding provisions for parcel rraail) that provide safe pedestrian and/or vehicle; access, and a directory and rnap of the development at an entrance or convenient location for those entering the development in accord with UDC 11-4-3-2713:7:. b. Include a parking calculations table consistent with the requiternents listed .in UDC 11-3C-6 and with what is proposed for the proposed garage, driveway and guest spaces. Vie c alcolo ions .slrrlwn on thePlan do wtrnatch the ealetrlrttiorrsprovided ky the applic-ant c Depict a pathway connection at the west boundary ofthe site to the pathway stub in Champion Park Subdivision. dl Depict speed bumps within the drivewayalong the west property boundary for traffic calming, 1.2.2 The landscape plan included in Exhibit A.5, dated July 13, 2017, shall he revised as follows: a. All street facing elevations along N. Centrepoint Way, Jasmine Lane and the cast//west private driveway that exists along the southern boundary of the site shall have a landscaped area at least 3 -feet wide that is landscaped with an evergreen shrub every 3 linear feet of foundation with ea minirrrum stature height of 24 inches per UDC 1`1-4-3»271;: Brickyard Sub w CUP, PP, MDA (11-2017-0107) PAG1'3'39 EXHIBIT A b. All on-site service areas, OUtdoorstorage areas, waste storage, disposal facilities, and transformer and utility vautts, shall Abe depicted on the plan and be located in areas not visible from a public street, or shall befidIv.screened from view from a public- street. c. 14andscapingis required to be installed within the 10 -foot wide buffer to residential uses along the west boundary of the site in accord with the standards listed in UDC I I 313-9C, d. Depict a pathway connection atthe west boundary oftliesite.to the pathway stub in Champion Park Subdivision and landscaping n accord with the standards listed in UD.0 I I -31342C. 1.2;3 Provide a minimum of 4.25 acres of coronion open space for the development in accord with the open space exhibit , included in Exhibit A.7 and UDC 1, 1-4-3-27C. 12.4 Provide site amenities as proposed in Exhibit A.6 in accord with UDC I I -4-3-27D. The site amenities proposed on Lot I.C, Block 2 that consist of a swig inling pool, community center, splash pad, shelter and playground shall be constructed with tile first and second phases of development_R1Jor to ain,, Certificate of Occupancies Hein Ly issued for the development; the adjacent soccer field and open space may be constructed with Phase 4 as proposed. 1.2.5 All on-site service areas, outdoor storage areas, was . to storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be hilly screened, from view from a public street. 1.2.6 Trash compactors and loading docks shall not be allowed along the west side of the firture buildings along the west boundary of :the sit ' 0 adjacent to single-family residential uses in Champion Park Subdivision per the development agreement (Inst. ff 106060856). 1,23 The development is required to record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, arid other developillentfeatures. 1.2.8 The design and locations of the trash enclosures are required to be approved by Bob Olson at Republic Services ('phone: 208-345-1-265; or, email; Olson, Robert t-olsotiLerei)tiblicsei-vices.com. A stamped approved plan is required to be submitted with the Certificate of Zoning Compliance;.application for the proposed trash enclosures, 1.3 General Conditions of Approval 1.11 Comply with 611 bulk, use, and development standards of the C -G zoning district listed in UDC Chapter 2 District regulations. 1.3,2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses,, as sot forth in UDC *1 1-3A-6. 1,33 Install lighting consistent with the provisions as set forth. in UDC 11-3A-1,1. 1.3.4 Provide a pressurizediffigation system consistent with the standards as set forth in UDC I I -3A-15, UDC 11 -313-6 and MCC 9-1-28. 1.3.5 Comply with the sidcAvalk standards as set forth in UDC 11-3A-17. 1.3,6 Install all utilities consistent with the standards as set forth in UDC I I w3A-21 and 11-313-5J.; 1.3.7 Construct all off-street parking areas consistent with the standards as set forth in UDC I I 11-313- 8C, and Chapter 3 Article C. Brickyard Sub— CUP, PP, MDA (14-2017-0107) PAGE40 EXHIBIT A 1.3.8 Construct the required landscape buffers consistent with the standards as set 1'urkh in UDC l 1-313-7C (streets),. 1.3.9 Construct storm water 'integration facilities that meet the standards asset forth in UDC 1 1-313.11 C. 1.3.10 Protect any existing trees on the subject property that are greater than four -inch caliper and/or mitigate for the loss of such trees; as set forth in U15C 11-313-:/0. 1.3.1.1 Provide bicycle parking spaces as set forth in UDC 1'1 -3C -6G consistent With the design standards its set forth in UDC I l 3C -5C 1.3.122 Comply with the outdoor Service and equipment urea standards as set forth in UDC 11-3A«12. 1.3.13 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC '11-3 B-11 C, 1.3.11 Comply with the structure and site design standards, as set forth in UDC_ l l -3A-'19 and the guidelines set forth in the City of Meridian Architectural Standards Manual. 1.3:15 Comply with all provisions of UDC 11-3A-3, with regard to maintainingfhe:clear vision triangle. 1.3.16 Low pressure sodium lighting shrill be prohibited as an exterior lighting sourer: on the site. I>3.17 All fencing constructed on the site shall comply with the standards as set ford/ in UDC 11-3A-7 and I1 - 3A -6B as applicable, 1.3;18 100 Watt and 250 Watt, Nigh -pressure: sodium street lights shall be requited on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, Applicant shall also include the location of any existing street lights in the development plan set. Street lighting required at intersections, corners, cul-de-sacs; and at a spacing.that does not exceed that outlined in the Standards. The contractor's work and materials shrill conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 1,4 Ongoing Conditions of Approval 1 A.1 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum Height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1,4.2 The project is subject to all current City of Meridian ordinances and previous conditions of approval. associated with this .site. 1.5 Process Conditions of Approval 1.5;1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs'. 1,5.2 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application for all futtire structures proposed on the site from the Planning Division, prior to submittal of any building'perinit applications. 1.53 The applicant shall complete all improvements related to public life, safety, and Health as set forth in UDC t 1 -5C -3I3'. A Surety agreement may be accepted for other improvements in accord with UDC l i - 5C -3C: 1.5:1 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two; years of the approval of this combined preliminary/final plat; or 2) gain approval of a time extension as set forth in UDC 11-613-7, Brickyard Sub— CUP, PP, MDA (H-2017-0107) PAGE 41 EXHIBIT A 1.5.5 The applicant shall obtain (lie City Engineer's signature on afinal plat within two years of the approval of this combined prehininary/final plat as set forth in UDC 11-613-7A. 1.5.6 The final plat, find any phase tliercofsliall substantially comply with the approved preliminary plat as set forth in 1JDC I I -613-3C2, 1.5,7 The property owner shall sign the amended development agreement and return such to the City within 6 months of the Council granting this development agreernent modification request as set forth in 11 -UDC 1- 513-31)2. 1,5,8 The applicant shall pay any applicable impact fees prior to the issuance of a building pcnnit. 2. PUBLIC. WORKS DEPAirml ENT 2.1 Site Specific Conditions of Approval 2, L1 The water main in "S(rcot 13" needs to be connected to (lie water main in Centerpoint to avoid a dead end. Water main easement needs to be extended to property line at NE corner so water main in "Street A" can ;be connected to cast in future. _212 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easenien(s for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is throe feet, if cover from top of pipe to sub - grade is less thin three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard S.pecifications. 12.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The Applicant shall provide casement(s) for all public water/sewer imans outside ofpublic right of way (include all water services and hydrants), The casement widths shall be 20-fect wide for a singgle utility, or 30 -.feet Wide for two. The casements shall not be dedicated via the plat, but rather dedicated outside thcpjat process using the City of Meridian's standard forins. The casement shall be graphically depicted on the-platfor reference purposes. Submit an executed casement (on the form available frorn Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXII JBIT A) and tin 81/Tx 11" map with bearings and distances (marked EXHIBIT 13) for review. Both exhibits must be scaled, signed and dated by a Professional Land Surveyor, DO NOT RECORD, Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied,by a year-round source of water (MCC 12-13-8.3)4 The applicant should be required to use any existing surface or Well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required, If a single -point connection is utilized, the. developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval, Brickyard Sub — CUP, PP, MDA 01- 2017-0107) PAGE 42 EXHIBIT A 2,2.5 All existing structures that are required to, be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2,6 All irrigation ditches, canals, laterals, or drains, exclusive of naturalwaterways, intersccting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC I 1-3A-6. In performing such work, the applicant shall comply with Idaho Code 424207 and any other applicable law Or regulation, 2.2.7 Any existing domestic well system within this prqject shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Enginecring.Depaitinent at (208)898- 5500 for inspections cif disconnection of services. Wells may be usedfor non-doniestic, purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2,2.8 Any existing septic qystems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspection$ (208)375-521.11 2.2.9 Street signs are to be in place, sanitary sower and water system shall be approved and activated, road base approved by the Ada County Highway District and the Filial Plat for this subdivision shall be recorded, prior to applying for bUilding PCIVitS4 2.2.10 A letter of creditor casli surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the finat plat. 22,11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements. in order to obtain City Engineer signature on thefinal plat as set forth in UDC 11-5C-313. 12,12 Applicant shall be required to pay Public Works development plan review, and construction inspection -fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shalt be the responsibility of the applicant to ensure that all development features comply with the Americans wittiDisabilities Act and the, Pair flousing Act.. 2,2.14 Applicant shall be responsible, for application and compliance with any Section 404 Perri-iitting that may be required by the Army Corps of Engineers. 2.1.15 Developer shalt coordinate mailbox locations with theMeridian Post Office, 2,116 All grading of the site shall be performed in conformance with MCC 11-12.31-1. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2,119 The design engineer shalt be required to certify that the street, centerline elevations are set a minimum of 3 -feet above the higliest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.119 The applicants design engineer shall be responsible for inspection oral] irrigation and/or drainage, f,,teilityNvi(Iiititliispi-ojoetitliatdotio,tf,,ill,un(let'tliejufisdictioiiof,,Inirrigatioti(lisitrictorAc'f,,fD.Tli,e design engineer shall provide certification. that the facilities have been installed in accordance with the approved design. plans. This certification will be required before a certificateof occupancy is issued for any structures within the project. 2.120 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification oroccupancy f6r any structures within the project. Brickyard Sub — CUP, PP, MDA. (14-2017-0107) PAGE43 EXHIBIT A 2.2.21 A streetlight plan will need to be included in the civil constrtiction pians. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can. be found at http;tlwwiv.tiieridiancity.orgll)ublic_N8,orks.aspxWd=272, 2.2,22 The -City of Meridian requires Chat the owner post to the City a performance surety in the amount of 125% or the totalconstruction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond, Applicant inust file an application for surety, which can be found on the Community Development Department website. Please.: -contact Land Development Service -for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount or20% of the total construction cast for all completed sewer, water and reuse infrastructure rot duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can posted in the form of an irrevocable, letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on.the Community Development Department website', Please contact Land Developrl ent Service for more information at 887-221. 3, F'IRD DEPARTMENT 3.1 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Dire Code* Section 503 2* 3.2 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International. Fire Code Sections 503.4 & D.1 O.& 33 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.12 3,4 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project x ich serves more than 30 homes, as set forth in International Fire Code Section Ill 07.1. The two entrances should be separated by no less than rjz the; diagonal measurement of the full development as set forth in International Fire Code Section D104.3, The applicant shall provide a sttib street to the property to elle (Wcst/cast/north/south). 3.5 The applicant shall work with Public Works and Planning Department staff to provide till address identification plan and a sips' which meets the requirements of the 'City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forthin. International Fire Code Section 505.1. 3.6 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building asset forth in International Fire Code Section 503. L 1. 3,7 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in International. Fire Code Section MI.& 3.8 There shall be a fire hydrant within .100' of all fire department connections as set forth in local amendment to the International Fire Code 10-4-2L. 3.9 The Fire Department' will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC 102.9. 3.t0 Buildings over 30' in height are required to have access roads in accordance with the International Fire Code Appendix 3 Section D 105. 3.14 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 114 L, Section A5.2.1S. 3,12 As set forth in International Fire' Code Section 504;1, multi -family and corritnereial projects shall be required. to provide. an additional' sixty 'inches' (60") wide access point to the buildingfrom the fire lane to allow ror Brickyard Sub CUP,. PP, MDA (14-2017-010 7) PA6E 44 EXHIBIT A. (lie movement of -manual lire suppression equipment and, gurney operations. The unobstructed breaks in the parking stalls shall be provided so that building access is provided in such a nianner that the most remote .part of a building can be reached with a length of 150' fire hose as measured around the perimeter of the building from the fire lane. Code compliant handicap parking stalls may be included to assist meeting this requirement. Contact the Meridian lire Department for details. 4. POI icc Dl PARTl4IEINIT 4.1 The Police Department has no comment on this application. 5. PARKS DEPARTrvIENT 5,1 The .Park's Department has no -comment on this application. 6. .ADA COUNTY :HIGHWAY DISTRICT 6.1 Site Specific Conditions of Approval 6,1.1 Replace arty broken or deteriorated segments of curb, glitter, or sidewalk on Centerpoint Way abutting the site. 6.1.2 Parking is'restricted on both sides of Centerpoint Way,. Install "NO PARKING' signs on both sides of the roadway. 6.13 Construct 6 driveways onto the east and west sides of Centerpoint Way located 140; 360, tend 5704eet north of the existing private drive aisle abutting the site's south property line. 6.1,4 Construct the 6 driveways as curb return type driveways with 15 -foot curb radii abutting the existing roadway .edge. Pave the driveways their full Width a minimum of 30 -feet into the site beyond the edge of Centerpoint Way adjacent to the site. 6.1,5 Install a sign at the terminus of the stub street to the north, Centerpoint Way, stating that, "THISIS A DESIGNATED COLLECTOR ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED IN THE FUTURE." 6.1.6 Payment of impacts fees are clue prior, to issuance of a building permit. 6.1.7 Comply with all Standard Conditions of Approval. 6;2 Standard Conditions of Approval 6,2,:1 All proposed irrigation facilities shall be located outside of the ACRD right-of-way (i_neluding all easements). Any existing irrigation facilities shalt be relocated outside of the ACI -ID right -cif way (including all casements), 6.2.2 Private Utilities inclUding sewer or water systems 7are prohibited frorn being located within the ACRD right-of-way. 6,2.3 In Accordance with District policy, 72033, the Applicant,inay be required to update any existing tion- compliant pedestrian buprovericats.abutting the site to meet current Americans with Disabilities Act: (ADA) requirements. The applicant's engincer should provide 'documentation of ADA compliance to 6.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction. of the proposeddevelopment. Contact Construction Services at 387-6280 (with file number) for details. 6.M A license agreement and conrplirance with the District's Tree; Planter policy is required for all landscaping proposed within ACHD right-of-way or easementareas. Brickyard Sub- CUP, PP, MDA (H-2017-0147) PACE 45 EXHIBIT A 6.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developen 627 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant atnocost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to .call DICYLWE 1 2-1585) at least two fill] business days prior to breaking- ground within AC14D right-of-way, The applicant shall contact AC14D Traffic Operations 387-6190 in the event any ACHD conduits (spareor filled) are compromised during any phase of construction, 0.2.8 Utility street cuts in paven-tent.less than live years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 87-6258 (witli file -numbers) for details. 6,2,9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved wpplenients, Co-tistruction. Set -vices procedures and all applicable ACI -I'D Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6.2 10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 6.2. *11 Nochange in the terms and conditions- of this approval shall be valid unless they are in writingand signed by the applicant or the applicants authorized representative and an authorized representative of ACRD. The burden shall be upon the applicant to obtain written confirmation of any change, from ACRD. 6.2.12 If the site plan or use should change in the future? ACHD Planning Review- willreview the site plan and may require additional improvements to the transportation system at that time. Any change ill tile planneduse of the property which is the subject of this application, shall 'require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time *unless a Nvaivvr/variance of the, requirements or other legal relief is granted by the ACI -ID Commission. Brickyard Sub — CUP, PP, MDA (I'l-2017-0107) PAGE,46 EXHIBIT A C. Required Fundings from Unified Development Code 1. PRELLMWARY PUM- In consideration of a preliminary plait, combined preliminary and final plat, or short plat, the decision-making body shall niake the following findings: a. The plat is:in conformance with ,the Comprehensive Plan; The City Council 'finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Coinprehensive Plan Policies and Goals, Section VII, of the S'laff'Report for ntcrre irrfot�trttrti�n; b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the.subject property upon development, (,See Exhibit 8 of tire} Stcrff'Reportfor wore defrlily ftom public service providers, j c. The platis in conformance with scheduled public improvements' in accord with the City's capital improvement program; Because City water and sever and oily other utilities will be provided by the developer at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public fin tin cial capabill ty of supporting services for the proposed development; The City Council leas determined thatthere is,publie ftrindal capability of .supporting services for the proposed development based on comillents provided from the public service providers (i.e., Police, Fire, ACHD, etc;); (See Exhibit B for more detail:) .e. The development>will not be detrimental to the public health, safety or general welfare and The City Council finds there is not any health, safety, or environmental problems associated with the platting of this property, ACHD considers road safety issues in their analysis, f The development preserves significant natural, scenic or historic features. Tile City Council is unaware of tiny significant natural, Scenic or historic features tKat exist on this site. 2, COnnt'1'10 AL USL� Pr�,rt�'VttT (UDC 11 -5S -GIS) The. Commission and Council shall base Its determination on the Conditional Use Permit request upon the following: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The 'City Council finds that the subject property is large enough to accommodate the proposed use and the dimensional & development regulations or the C -G district (see Analysis Section IX for more information), Brickyard Sub — CUP, PP, MDA (H-2017-0107) PAG13, 47 EXHIBIT A b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council Finds, that the proposed use is consistent and harmonious with the UDC and Comprehensive Plait Future Land Use Map designation of Commercial for this site. c. That the design, construction, operation and maintenance will be compatible with other uses its the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the Saint, area. The City C:ouncil;finds that if the applicant complies with the conditions outlined in this report; the proposed use should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that if the applicant complies with the conditions outlined if) this report, the'proposed'use will not adversely affect other property in the area. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council rinds that sanitary sewer, domestic water-, refuse disposal, and irrigation are currently available to the subject property. The City Council finds that the proposed use will be served adequately bysaII of the public facilities and services listed above. L That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the econornie welfare of the community. If approved, the applicant will be finan6ng any improvements required foie development, The City Council finds there will not be excessive additional requirements at public cost Rind that the proposed use wilt not be detrimental to the conwmunity's. econotitic welfare. g. That the proposeduse will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fu tiles, glare or odors. The City Council heeds the proposed use will not be detrimental to any persons, property or the general welfare of the area. h. That the proposed use 'will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The City Council tends that there should not be.any health; safety or environmental problems associated with the proposed use. Further, the City Council finds that the proposed use will .not result in the destruction, loss or damage of any natural, scenic or histori . feature of major importance, Meridian City Council Meeting DATE: October 24, 2017 ITEM NUMBER: 6N PROJECT NUMBER: ITEM TITLE: Vicenza Commons Subdivision Water Main Easement MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: E-MAILED TO STAFF i I I � 3 ADA COUNTY RECORDER Christopher D.Rich 2017-099214 ! BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 10/18/2017 03:37 PM CITY OF MERIDIAN,IDAHO NO FEE I i i i i WATER MAIN EASEMENT j THIS INDENTURE,made this /114 day of ,20.L- between U the parties of the first part,and hereinafter called the GRANTORS,and the City of Nler dian,Ada I County,Idaho,the party of the second part,and hereinafter called the GRANTEE; I WITNESSETH: 1 WHEREAS, the GRANTORS desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and 3 WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW,THEREFORE,in consideration of the benefits to.be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, .grant and convey unto the GRANTEE the right-of-way for an easement over and.across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement Hereby granted is for the purpose of construction and operation of a water line i and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD,the said easement and right-of-way unto the said.GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto, that after malting repairs,performing maintenance,replacements or subsequent connections to the water mains.,GRANTEE shall restore the area of the easement and.adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing,replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement, Water Main Easement :REV.08/15/16.doe # i. TIJE GRANT h v , w-to hQ placed Preby.co:covenant agree that they will not place or allow any permanent struptures� trees,- brush,, or perennial shrubs or flowers within'the area, described for this easemefit,which would interfere with the use of said eea5ement, for the purposes stated herein.. THE GRANTORS hereby covenant and Woo with the GRANTEE that should any part of a become '1' the rightof-way and easement-hereby granted shall b come part of, or lie within the bouad*arles.ofW�y bfi, et, h,dxtent,:such right-of-way:ajidoas.offientl4ereby public thento,suo granted-which,lies-wiJbin such boundary thereof or which is apart thereof,shall cease and become:null and,void acid of no ftrthor effect-and s]shall be:completely relinquished. THE GRANTQRS do hereby covenant with the GRANTEE that they are lawfully-seized and possessed:ofthe aforementioned and described tract of land,and that they have agood and, law. fUl.righfto convey said easement,and that they will warrant aii ore r defend f ile title and qjjlot:Possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF,the,said parties of the first part h4whore-unto subscribed their signatures.the day and year first herein above written. GRANTOR; Manner Manner 3.98 E. copper Ridge$t' Meridian,ID,8364 STATE OF'WAHO County of Ada On thisj '14 day of l -fA,-Ii r .2017,before me,the undersigned,a notary public in and for said state personally appeared Mg .tC& known or identified ed to meAo be he ;of the Ti mitedL iabilityCor4paythotox�oute4.the jostrumert:or the person w 6 ffie-instr f execute(d umontonbohalfo said Limited Liability Company and acknowledged,to.me that such.Limited Liability'Company executed the,same; in witness Whereof,'I hjje�ereunto sot my,hand and seal the.day-andym in this oerfiriqatofrst above written. R % OV AR y NOTAkY P-UBLIC** 'RIDARO �j 0 Residing al Con mmission RKPIro's REV:08115/10,doc Cala :Ciiq l�`leIt rttw�fi' w TDIAN , A. SE �aved �Cit ,Coix�ilrt :.. : . pow Qniis =d��r � — ,1�af �e tne,the tandged, Tary nblia-.f1tt�r stta�e• isa1a1Y ? '� and C,Jy Cafes,l�ric�unetlh( r : �.; fAff Of Clog respop" L've q�Q "bo City o£Mei;td an; daha,ataci yvho o- W i-Uoim n�rr?��n�:�clzri�w��cig�:�ta r�i�that ll e Crty a�1VX�ricu�n���auted }��(�j( {r E xria le � rtn set my land acled; y adilea1 t dAy 1 yr► +r - � . ,� z� escrt�g AtAiR t�1ltt3 fit, :. , .. sri AaF try,*!So': tit ItBV' �18%ISII+�,znc Exhibit PAR,UM DESCRIPTION' bate O.otober 10,2017 CITY OF WRT'DUNMATER E;AUM ENT ,Aparcel of:land:boing.a.�ortio�n oftheNll-2�NE1/4:af Section 3��To�ms�ip.4�'ort�3 Range 1 West,$o�se 1Vrerzdia#, City o Meridian,Ada County,Idaho, x�ore particularly des.0 bed!as follows COIVit1�l�TCIIV'O:at the:N1/16 t�or�`er-colrimon to Sections 34 and�5 :monu�xionted by:a. /8"xebar,front t�Vhichthe uoriheast coiuer:of saidSeetion 3.4, onmented by..an5/8' rObar(CornerAecordNo.. 1081229.bg)r boars,North 00952''46"East,a.distance of 13155.7 feet; Theriee North,89g06'3`4"VWest,.coincident w the south line ofthe.NI/2 N.E1I4 of.said Section 54,A distance of 1296r66 feet to the.southweaterly:ooxner;of Volterra TXd" Suhd o on,Boob:101,No 14296 � ThanooNorth 00" 09"Past,,coincident with.the westerly line,of said.Wherra.Heights Subdivision,a d! ol of43736 feet to the rMW OYBE C-MMNC-,,' Thence North W017511'West,a drstaitco,of 125.00.feet; Thence North Od°5 W,Past,. distance of 20.00.ket Thoneo South 89°07'51"East,a distwo of 12$00 feet to said westerly line; Thence South 00°52'09"West,.ooincdentvitXx said westea�ly line;,a di me, of 20 00 feet:�to tY�o`�4IliI�'OP B�C�IlY.N'TN'C; The.above described parcel cantatas,2 500 spaxe feet or 0.05-7 acres more or less:. To ethor Frith sand.subjeot to oovenams,easomer tsa and rostrictim of'record., c The basis'of 1?ear ngs forth s arceI is.North 00°52'46'>East betweeri'tl.e N1/16 cornier common to:Soctioris-34 and 35 and-the-gorthoast corner.of Section-14; I eviia A Borah,l'il,:S': � I icense No. 1-0561 ��nd::off3escription i I 5KE "R LEGAL E.XHWT. ' B MY OF MER1 WATER ,E'AS�IVIEZVT A. PARCEL: OP ,LAND BEING A PORTIOX OF THE' I\J /2N91,14 SECTION 3 ` " 4` �7, .R. I W, .801;5`W h�E'RIMN, BITY OP VERIDIAN, ADA. 00TJ.M IDAHO BCI'I0 14 b�i on 'VO�TE�i,RA- ,1IEIG.i�TS u�'UBD�VISIG,N llmi: :t 1'o IVz"QI+' b Le). BRGINIVINQ,,. PBOPQSED �► '0 aXaTDNXSZQIV o. o: Z POBVT OF' _ Ci7MMENC8M�TtT .7VyI1 d G'OR11�tt' � ril' 'CT7UNS`3��i�5 N$9 00W34 W' 12'48 r 105 . lip �N,M, ©�P , 114l WAtrpcd Waj!,Btei°4 @4�S¢,1p 89705 1 zo9 12 440 fax oe saz RIOT`T MM y�fywhpaafta,com ].iS�.C.S�; G121D IJO(?YN; J Meridian City Council Meeting DATE: October 24, 2017 ITEM NUMBER: 60 PROJECT NUMBER: ITEM TITLE: Vicenza Subdivision No. 3 Sanitary Sewer and Water Main Easement #1 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION SENT TO APPLICANT NOTES INITIALS DATE: E-MAILED TO STAFF SENT TO AGENCY ADA COUNTY RECORDER Christopher D. Rich 2017-102394 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 10/26/2017 12:19 PM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER AND WATER MAIN EASEMENT No. THIS INDENTURE, made this-0day ofOrkeg, 20/7 between 64.4-brvaVgtr164mv, > the parties of the first part, and hereinafter called the Grantors, and the. City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer' and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good' and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains 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 and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever, IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after malting repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Sanitary Sewer and Water Main Basement REV. 08/15/16 A )#I any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession theteof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Manager 398 E. Copper Ridge St. Meridian, ID 83646 Address STATE OF IDAHO ) ) ss County of Ada ) On the 111Aday of 20%` , before mei the undersigned, a notary public in and for ��f3 said state personally appeared , � c% /1 A, known or identified to me to be the of the Limited Liability Company that executed the instrument or the person who ecuted the instiument on behalf of said Limited Liability Company and aelmowledged to me that such Limited Liability Company executed the same. In witness whereof, I have hereunto set my hand and seal the day and year in this certificate first above written. , 4BRO Q ��. NO A Y PUBLIC FM IDAHO o`r A k Residing at: � v r ,� i �• Commission Expires: +i�'®.,��,� `••ao®.++``®�,, X000 REV. 08/15/16 Sanitary Sewer and Water rlpnagei�b�ttt► GRANTEE: CITY OF MERIDIAN a,k 1(6111 F CwA� A 4st.by-JaY401es, City Cleric Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada ) 1,52/ 2L! / obl so AUGU7ST7 6e, chy of C E IDiAN . 10040 _ SEAT- ` Al� 20�,bepe thundersigned, a Notary On this 2 day of `tom and C.Ja Coles, known to Public in andW t ,e'•sonally appeared y who me to be thediry Yerlc, respectively, of the City of Meridian, Idaho, and executed the within instrument, and aclenowledged 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) 'wvg I PPU LTC FO . IDAHO; Commission Expires;='O_—A Aa PA4 ea,,;fa,„ CPwer and Water Main Easement REV. 98/15/16 Exhibit A PARCEL DESCRIPTION PERMANENT EASEMENT No. Date; November 11, 2016 A parcel of land being a portion of the SWI/4 of Section 27, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the CIA corner of said Section 27, monumented by a chiseled `X' (Corner Record No. 99113299), from which the W1/4 corner of said Section 27, monumented by a 3.5" brass cap (Corner Record No. 2015-079246), bears North 89°20'10" West, a distance of 2649,83 feet, Thence South 05°14'07" West, distance of 426.44 feet to the POINT OF BEGINNING; Thence South 00°37'57" West, a distance of 50.00 feet; Thence North 89°22'03" West, a distance of 288,05 feet to the beginning of a tangent curve to the left; Thence southwesterly along the arc of said curve to the left, an are distance of 20,41 feet, said curve having a radius of 13,00 feet, a central angle of 89158'12", and a chord bearing of South 45°38'51" West a distance of 18.38 feet; Thence South 00°39'45" West, a distance of 115.34 feet to the beginning of a tangent curve to the right; Thence southerly along the arc of said curve to the right, an are distance of 68,65 feet, said curve having a radius of 100,00 feet, a central angle of 39°20'01", and a chord bearing of South 20°19'45 West a distance of 67.31 feet; Thence South 39°59'46" West, a distance of 33,26 feet to the beginning of a non -tangent curve to the left; Thence northwesterly along the arc of said curve to the left, an arc distance of 50,04 feet, said curve having a radius. of 347.00 feet, a central angle of 08'15'47", and a chord bearing of North 50005'41 West a distance of 50.00 feet; Thence North 39°59'446" East, a distance of 33.34 feet to the beginning of a tangent curve to the left; Thence northerly along the arc of said curve to the left, an arc distance of 34,33 feet, said curve having a radius of 50.00 feet, a central angle of 39120'01 ", and a chord hearing of North 20°19'45" East a distance of 33,65 feet; Thence North 00°39'45" East, a distance of 178.30 feet; Thence South 89°22'03" East, a distance of 351.02 to the POINT OF BEGINNING. P� m The above described parcel contains 28,213 square feet or 0.648 acres, more or less. Together with and subject to covenants, easements, and restrictions of record. 0 0 A W114 CORNER SF,C770N 27 SKETCH FOR LEGAL EXHIBIT B :PERMANENT EASEMENT No. A PARCEL OF LAND BEING A BEING A PORTION OF THE SW1/4 OF SECTION 27, T. 4 N., R. 1 W,, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2016 N89'20'10"W 2649.83' POINT OF COMMENCERMENT C114 CORNER SECTION 27 \-04L LANDS X561 0 - lw10 l4racil1C 11111,zp1b�o 2141 W Airpori Way, Ste 104 �n T OF \lD NOT TO SCALE Boise, ID 83705 208.342.5400 Fax 208.342-5353 YA-Am0paciric.com CURVE TABLE CURVE DELTA RADIUS LENGTH I CH. BEARING CH. DIST. Ct 89'56'12" 13.00 20.41 S45'38'51"W 18.38 02 39'20'01" 100.00 68.65 S20'19'45"W 67.31 C3 8'15'47" 347.00 50.04 N50o05'41"W 50.00 C4 39'20'01" 50.00 34.33 N20'19'45"E 33.65 \-04L LANDS X561 0 - lw10 l4racil1C 11111,zp1b�o 2141 W Airpori Way, Ste 104 �n T OF \lD NOT TO SCALE Boise, ID 83705 208.342.5400 Fax 208.342-5353 YA-Am0paciric.com Meridian City Council Meeting DATE: October 24, 2017 ITEM NUMBER: 6P PROJECT NUMBER: ITEM TITLE: Vicenza Subdivision No.3 Water Main Easement #2 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: E-MAILED TO STAFF ADA COUNTY RECORDER Christopher D. Rich 2017-102204 BOISE IDAHO Pgs=5 LISA BATT 10/25/2017 04:23 PM CITY OF MERIDIAN, IDAHO NO FEE WATER MAIN EASEMENT THIS INDENTURE, made this day ofl&, 2017 between COAOWW&CeloPiit �, the parties of the first part, and hereinafter called the GRANTORS, and the City ofMei d Ada County; Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH WHEREAS, the GRANTORS desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after malting repairs, performing maintenance, replacements or subsequent connections to the water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However; GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Water Main Easement REV. 08/15/16.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no fluther effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever.. IN WITNESS WHEREOF, the said parties of the first part Have hereunto subscribed their signatures the day and year first herein above written. GRANTOR; } Manager 398 E. Copper Ridge St: Meridian, ID 8364 STATE OF IDAHO ) . ss. County of Ada ) On this// of r , 20%1, before me, the undersigned, a notary public in and for said state personally appeared 4�z2lw /, r" �/;� known or identified to me to be the Z%?�- e� !!" of the Limited Liability Company that executed the instrument or the person who executdd the instrument on behalf of said Limited Liability Company and acknowledged to me that such Limited Liability Company executed the same. In witness whereof, I have hereunto set my hand and seal the day and year in this certificate first above written. 0's too l oolp", 00 .•° -�AOTAR'j, `® p 10. as 600 so gas Water Main Easement '•,g OF s D -4"10��-. NOTARY PUBLIC FO, IDAHO Residing at: Commission Expires: re AJ,��;�� REV. 08/15/16.doc GRANTEE).:CITY OF ME DIAN �v we, i ptes del Att4by C-RY Coles, City Clerk Approved By City Council On; STATE OF IDAHO, ('i1y of IDIAN~ IDAHO Y ss County of Ada ) '11A 14, On this day of , 20 k efore me, the undersigned, a Notary Public in and for aid�St tt p p ��111!1e geared and C,Jay Coles, lrnown to me tobe the4 °r ,and.Ci y Ior cI spectively, of 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 hared and affixed my official seal the day and year first above written. L f /-?,I' A NOTARY PUBLIC FOR IDAHO Residing at. Commission Expires; //' M 11 REV, 08/ 5/16:doc Wate1• Main $.osemen.t Exhibit A PARCEL DESCRIPTION CITY OF MERIDIAN WATE, R EASEMENT Date: October 5, 2017 COMMENCING at the CIA corner of said Section 27,. monumented by a chiseled `X' (Cornea Record No. 99113299), from which the WI/4 corner of said Section 27, monumented by a 3.5" brass cap (Corner Record No. 2015-.079246), bears North 89°20' 10" West, a distance of 2649.83 feet; Thence South 47°5825" West, distance of 1020.36 feet to a point on the southerly line of Lot.l, Block 6, Vicenza Subdivision No. 2, Boole 11.0, Pages 15670-15673, Ada County Records and the POINT OF BEGINNING; Thence South 00°41'59" West, a distance of 120.00 feet; Thence North 8961$'01" West, a distance of 20.0.0 feet; Thence North 00°41'59" East, a distance of 120.00 feet to said southerly line; Thence South 89°18'01" East, coincident with said southerly line, a distance of 20.00 feet to the POINT OF BEGINNING. The above described parcel contains 2,400 square feet or .055 acres, more or less. Together with and subject to covenants, casements, and restrictions of record. SKETCH FOR LEGAL EXHIBIT B CITY OF MERIDIAN WATER EASEMENT A PARCEL OF LAND BEING A BEING A .PORTION OF THE SWI/4 OF SECTION 27, T. 4 N., R. 1 W.,• BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2017 N89'20'10"W' 2649.83' POINT OI IP']/,/ CORiVER COiLItYtrvVCErLIEN!' SECTION 27 7 C114 CORNER SECTION 27 W, GONDOLA DRIVE 589'18'01"E LOT 1, BLOCK 6' VICENZA SUB. NO. 2 20.00' �POW OF DEGINNWl3 10.055 Ac. N N PROPOSED VICENZA COMMONS 2,400 s;f; w SUBDIVISION ) kr, d- r z uqi N8918'01'W 20.00` LANG N in In p 10591 w acilic 5Ji7 a 1- 2141 WA(rportWay, Ste 104 OF 0PaP� NOT TO SCALE Boise, ID 83705 208.342-5400 Fax 208-342-5353 \mv.whpa0r(o.cgm Meridian City Council Meeting DATE: October 24, 2017 ITEM NUMBER: 6 PROJECT NUMBER: ITEM TITLE: Kenner's Subdivision - Vacation and Release Water and Sewer Easements MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: E-MAILED TO STAFF ADA COUNTY RECORDER Christopher D. Rich 2017-102203 BOISE IDAHO Pgs=1 LISA BATT 10/25/2017 04:21 PM CITY OF MERIDIAN, IDAHO NO FEE (Spice Above For Recorder's Use) CITY OF MERIDIAN VACATION AND RELEASE OF WATER MAIN SANITARY SEWER EASEMENT WHEREAS, the Owners of Wingate Place Subdivision No: 2 granted the City of Meridian a temporary 23400t wide Sanitary Sewer and Domestic Water easement oil Lot 23.; Block 3 by Plat Note No. 10, recorded in the Office of the Ada.. County Recorder in Plat Book 72 at Page 7423, under Instrument Number .96083966 on October 8, 1996 (hereinafter referred to as tile. "Plat"). The temporary easement was granted with the stipulation that it be vacated at the time E. Oakcrest Drive is extended and .permanent water and sewer mainlines are installed within the public. right -of -Way. WHEREAS, E. Oakcrest Drive has been constructed and connected to N. Dixie Avenue and permanent water and sewer mainlines have been constructed within the public right-of-way and passed final inspection on May 12, 2017. WHEREAS, the continuance of the temporary easementon the Plat referenced above is no longer necessary or desirable. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby vacate, release and abandon the said rights .and easements hereinabove referred to and described, with the intent. that the same sliall forthwith cease and be extinguished and the City of Meridian hereby requests. 'that the Ada County Recorder make a notation on the Plat removing:the above-described temporary easement. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to. be executed by its proper officers thereunto duly authorized this day of October, 2017 , STATE OFIONTAO : ss. Qom. U ,W (MS (11V of r3�t(, Cbod�L EP '��C(✓1EAL County of:Ada- ) On this day of October, 2017, before me, a Notary Public; personally appeared de Weer and C.Jay Coles, know or identi led to me to be the + Yerand Clerk, respectively, of the. City of Meridian, Wlro executed the instrument of behalf of said City, and acknowledged to me that. pch C.ity, exe Vied the same. IN WITNESS WHEREOF;. I have hereunto set rnyhand and affixed my official seal the day and year in this certificate first foo* lefty t, (SEAL).0'10 Y 0040 PTATEAJ �i42 NotaryPublic for I ho f /� Aesiding at: 2RLt Commission expirest C� Meridian City Council Meeting DATE: October 24, 2017 ITEM TITLE: ITEM NUMBER: PROJECT NUMBER: James Court Pedestrian Pathway Easement # 1 MEETING NOTES r bLI M013,,;; �4 LY Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION 3 E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: ADA COUNTY RECORDER Christopher D. Rich 2017-102201 BOISE IDAHO Pgs=5 LISA BATT 10/25/2017 04:20 PM CITY OF MERIDIAN, IDAHO NO FEE PEDESTRIAN PATHWAY EAMMENT NO=1 THIS AGREEMENT, made and entered into this 2y day of G e'k' .+ 2017, between Destiny Cove. Neighborhood Association, hereinafter referred to. as `Grantor and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee' WITNESSETH; WHEREAS.,. Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a.public pathway and provide connectivity to present and future portions of the pathway, and. WHEREAS, Grantee shall construct the pathway improvements upon the easement described herein; arid NOW, THEREFORE, the. parties agree as fblloWS: THE GRANTOR does hereby grant. unto the Grantee an easement an the fi�llowing property, described on Exhibit "A" and depicted on Exhibit "i3" attached hereto and. Incorporated herein, THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement formultiple,use non -motorized recreation, With the free right of access to such facilities at any and all times, TO HAVE AND TO HOLD, said easement unto said Orantee, its successors and assigns fbrever. THE GRANTOR hereby covenants and agrees, that it will not place or, -.allow. to be -placed. any permanent structures, trees, brush, or perennial shrub's or flowers, within the area described for. tris easement, which would inferfere:with the .use of said easement, for the. p4.rpose$ stated herein, iT.XS E,XPRESSLY UNDERSTOOD ANIS AGRE>✓D, by and between the parties hereto, that flie Orantee shall repair and maintain the pathway 'improvements. Fcd.estrian Pathway Easement -- E. James Vit. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: Destiny Co e Neighborhood Association BY: Its: STATE OF IDAHO ) ss County of ADA ) On this _% day of �, 2017, before me, the undersigned, a Notary Public in and for said Sate, per pally ap eared � %� , known or identified to me to be the t t executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written, NOTARY PUBLIC FOR IDAHO-, Residing at:;� �j,�j�_ltlL l5 Commission Expires:--"- �. Pedestrian Pathway Easement — E, James Ct. GRANF MERIDIAN TV CITY 0. i d -e-4 Lo chy 7Att Zstby CJ , Coles, City Clerk. E I k lj!D� I �ANV A-1 I �y ay Coles, IDAHO Approved City C-Ouncli On: I,)/ SEAL STATE OF IDAHO County of Ada. , day of——,.201-71, before me., the undersigned, a Notary Qin this Uli� Lm& nd C,JAY COLES, Public In and f*Q.rsaid tae,personallyaPpe.aired-T I and rit I he, .resp I MEW omity orzerldlan, Idaho, Y, to: me that the City of Meridian known to me to be the who executed the. witbiL500stilm'd fAtit, art ac executed the same. IN W EOF, I have hereunto set my hand and affixed my official seal the day WITNESS. WHER and year first above written. (SEAL) Pedostrian pailINV4 E.45emeht � 2, James Q. NOTARY Pu— Residing ,at: COMMI$sio.n Expires: June 19, 2017 Project No. 115195 THE LAND GROUP, INC, Exhibit "A" JAME5 COURT PATHWAY EASEMENT DESCRIPTION No Lot 19, Block 6 An easement locatedin lot 19, Block 6 of Traliway Park Subdivision, as shown on the official plat thereof, recorded in Book 89 of Plats at Page 10231 of Ada County Records, located in the Southwest One Quarter of Section 6, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows; Commencing at the Northwest corner of Lot 19, Block 6 of said Trailway Park Subdivision, said point being common with the: Northeast corner of Lot 20, Block 6 of said Subdivision and the Southerly Right -of -Way line of East James Court Drive, said point also being the POINT OF BEGINNING; Thence 61.90 feet on the arc of a curve to the left, said curve having a radius of 398,60 feet, a central angle of 08' $3' 5211, a chord bearing of North 69' 18' 32" East, and a chord length of 61.84 feet on the Southerly Right -of -Way line of East James Court Drive; Thence South 25.07' 32" East, a distance of 2.37 feet; Thence South 646 58' 01" West, a distance of 6,24 feet; Thence South 66' 16144" West, a distance of 14.62 feet; Thence South 68' 16'26" West, a distance of 14.71 feet; Thence.South 70' 35' 47" West, a distance of 11.21 feet; Thence South 73" 14'50" West, a distance of 11,23 feet; Thence South 75' 48'00" West, a distance of 3.73 feet to a point on the west lot line of said Lot 19; Thence North 29.20' 49" West, a distance of 2.46 feet on said west lot line to the POINT OF BEGINNING. The above described parcel contains 157 square feet more or less. PREPARED BY; THE LAND GROUP, INC, James R. Washburn Site Planning v Landscape Architecture • civil Engineering • Golf Course Irrigation & Engineering • Graphic design • Surveying 462 E, Shore Drive, Suite 100 9 Engle, Idaho 93626 r P 208,939.4041 * www,thelandgroupinc,com. paeR+aa Irartyrf1T11tritl�i'u M y N. CLADE lfA rER AVE. I � W $ CT' 1 _ c. Oo v: �D w � Q1 CD N.Fn - EUREKA AVE. o T' W a 0 0 a .r c. r N. ARROW WOOD AVE. °' ;nM a c cn g; Oy /y0 '-n W ry� Ul � ` "-" ,t,, elm cn Exhibit "B" CD -41 E James Curt Pathway Easement i • biotidirn Who CT' Meridian City Council Meeting DATE: October 24, 2017 ITEM NUMBER: 6S PROJECT NUMBER: ITEM TITLE: James Court Pedestrian Pathway Easement #2 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION SENT TO APPLICANT NOTES INITIALS DATE: E-MAILED TO STAFF SENT TO AGENCY ADA COUNTY RECORDER Christopher D. Rich 2017-102199 BOISE IDAHO Pgs=5 NIKOLA OLSON 10/25/2017 04:19 PM CITY OF MERIDIAN, IDAHO NO FEE PEDESTRIAN PATHLVAY EASEMENT NO -1 C%�t1, _ 2017, between. T1418 AGE�EEMENT;. made and eritered.into this day of ,,; —•. Destiny Cove Neighborhood. Association,. hereinafter referred to. as "Grantor", and the f. City o Merldian, ttn Idaho municipal corporation, hercinufter referred to as "Grantee"; WiTNE88tTH: WHEREAS, Grantor is. the owner of retic property on portions of which the City of INerldlan desires to establish a.p.ublic pathway; and WHEREAS, the.Grantor desires to grant an easement to esttabilsh u public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS,. Grantee. shall construct the pathway 'improvements upon the easement described: herein;, and NOW, THEREFORE, the parties agree: as follows' THE GRANTOR does hereby grant unto the Grantee an casement :ort. the following property, described on Exhibit "A" and. -.depicted on 'Ekbibit "Oil attached hereto and :incorporated herein, THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple -use non -motorized recreation, with the freexight of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto. said Grantee, iits,succe.ssors and assigns forever, THE. GRANTOR. herebXcovenants and agrees that itmitl not place or allow to. be placed .any permanent structures, .trees,, brush, or perennial shrubs or fibWdr.s. within the area debed for this easement, which would, interfere with the use of said easemeayt, for the scri purposes stated herein: IT IS EXCPRESSLY UNDEIZS`1i'OOD AND AGREED, by and between the parties hereto, that the Grantee shall repair and maintain the pathway Improvements: Pedestrlun Puthwuy Lusement — E. Jams Ct; THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or Ile within the boundaries of ally public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished, THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever, IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written, GRANTOR Destiny Cov Neighborhood Association BY: Its: / r STATE OF IDAHO ss County of ADA ) J On this day ofJ.-v, a 7�%1Z)/t 2017, bef a me, the undersigned, a Notary Public in and for said State, pens n' Ily appeared � known or identified to me to be the /-- 0W executed the within instrument, and acknowledged to me that such company executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written, NOTARY PUBLIC FOR A 0 Residing at: Dkm-- ' Commission Expires: Pedestrian Pathway Eusement — E, James Ct, CITY' At st by :Jay Coles, City clerk Ll Z Approved 13y City Council On; STATE OF IDAHO zow ('ity of �EIDIA� �OAHO SEAL � ss, County of Ada 2017, before me, the undersigned, n.Notary On tb s: ' }` .,day of �---- LRS and C�JAY COLES, Public in and for said State, personally appeu�'ed known n nd to be the'�tVWSWI -, it C ee k,,�resp c f'�r��ly, e City of Meridian, Idaho, and who executed the witha'di; and acknowledged to me tt�t�t the City of Meridian executed the same.. IN WITNESS WHEREOF, I nave' hereunto set my hand and affixed my official seal the day and year first above Wrltieri,- pedestrian Patlifty Easement r E.44hWA Q. NOTAR X PU13LIC FOR ID. .01 Residing at, L 'dam Commission Explres l� October 2, 2017 Project No. 115195 THC LAND GROUP, INC, Exhibit "A" JAMES COURT PATHWAY EASEMENT DESCRIPTION N 0' 2, An easement located In Lot 1, Block 7 of Trailway Park Subdivision, as shown on the official plat thereof, recorded in Book 89 of Plats at Page 10231 of Ada County Records, situate in the Southwest One Quarter of Section 6, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Northwest corner of lot 1, Block 7 of said Trailway Park Subdivision, said point being common with the Southerly Right -of -Way line of East lames Court Drive, said point being a point of curve and the POINT OF BEGINNING; Thence 25.35 feet on the arc of a curve to the right, said curve having a radius of 275,00 feet, a central angle of 05° 16` 54", a chord bearing of North 85° 42'4611 East, and a chord length of 25,34 feet on the line common to the Southerly Right -of -Way line of East James Court Drive and the Northerly line of said Lot 1, Block 7; Thence North 88" 21' 21" East, a distance of 136.68 feet on the line common to the Southerly Right -of - Way line of said East James Court Drive and the Northerly line of said Lot 2 Thence South 456 36' 22 East, a distance of 3.89 feet on the line common to the Southerly Right -of -Way line of said East James Court Drive and the Northerly line of said Lot 1; Thence South 88° 28' 12 West, a distance of 137.21 feet to a point of non -tangent curve; Thence 30,24 feet on the arc of a curve to the left, said curve having a radius of 201.16 feet, a central angle of 08° 36144", a chord bearing of South 85° 92'24" West, and a Chord length of 30.21 feet to a point on the Westerly lot line of said Lot 1; Thence North 41° 44"57 East, a distance of 3.91 feet on the Westerly lot line of said Lot 1 to the POINT OF BEGINNING, The above described parcel contains 432 square feet more or less, PREPARED BY THE LAND GROUP, INC, James R. Washburn Site Planning + Landscape Architecture + Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying 462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 9 P 208.939.404. • www.thelanderoupinc,com 'fie tEUUs� q`10iS':IIS19$<ttJNreyid,0ee'.t1519S utd W4pi5, UIpH+/gMl roTlnietedy fill PoCed 9/ die N,YI DiyPnua Uaraly,Ata0vt1C11difi7Pu 1' R Q pp O oQ t no K I �I �O �I E) N, GLADE WATER ASE. _ I ------------ �o N. EUREKA AVE. A ----TT X01 bpm Exhibit "" y yJames Court Pathway Easement N0.2 'Y Marldian Idaho w G z M N Rei rn rA ° o, ' T ca z rA w m a) ue cr [p CID O M n1 e4 c OM a , p CD 3 A A p `M^ o M cr c� z <7 d o uNi z' 1' R Q pp O oQ t no K I �I �O �I E) N, GLADE WATER ASE. _ I ------------ �o N. EUREKA AVE. A ----TT X01 bpm Exhibit "" y yJames Court Pathway Easement N0.2 'Y Marldian Idaho Meridian City Council Meeting DATE: October 24, 2017 ITEM NUMBER: 6T PROJECT NUMBER: ITEM TITLE: James Court Pedestrian Pathway Easement #3 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: ADA COUNTY RECORDER Christopher D. Rich 2017-102388 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 10/26/2017 12:16 PM CITY OF MERIDIAN, IDAHO NO FEE PEDESTMANPATIMAY EASEMN THIS AGREEMENT, made and entered into this day of -2017, between Destiny Cove Neighborhood Association, hereinafter r6ferrerio as `Grantor", and the City of Meridian,an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS,Grantor is the own.er, of, real property on portions of which the City of Meridian desires ires to establish a public bfic pathway', and - WHEREAS, the Grantor desire's to gratil. ti ease ' . grant ,,*men( to establish a public pathway and p.rovido'connectivity to, present and future. portions of the pathway; and. WHEREAS, Grantee shall construct the pathway Improvementsupon the easement described :herein; and NOW, THEREFORE, the parties agree as follows, THE GRANTOR does hereby grant unto the Grantee an easement on the following prQpprjy,', dew on Exhibit "A,." and described d depicted* on Exhibit "B" attached hereto and incorporated herel.n, THE EASEMENT hereby granted. is for thepurpose, of providing a public pedestrian pathway easefildrit for multiple-;dqe;non-ftiotoeized recreation, with the free rightof access - to. such facilities at any'and all. times. TO HAVE AND TO HQLD, said easement unto said. Grantee., its successors and assigns THE GRANTOR herebycOvehafttS arid agreos that 1twill not -place. or allow to bo. placed any permanent structures,. trees, brush, orperenniat shrubs or :flowers withinthe area .described for this asemeht, whidhMould interfere with the use. of said, easement, for the. purposes Stated :herein. IT EXPRESSLY tJND9RSTOOD:AND AMEED, by and between the parties hereto, that the Grantee shall -repair and maintain the pathway improvements-. -Hug& rhaht - S. flumes -0, THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever, IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR; Destiny ove Neighborhood Association BY; _ Its; STATE OF IDAHO ss County of ADA ) On this day of � �1, 2017, befor me, the pride signed, a NotaryPublic in and for said er o all a aced P Y ph - known or identified to me to be the �1�,,, _ th6executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. _ A Pedestrian Palliway Easement - E, James Q. NOTARY PUBL15 FOR Residing at; Commission Expires;—j 6— fdr GRANTEE' CITY C)F MERVAN r' or— i(?1`h 131&1 At4b�by.javy Coles, City Clerk Approved By City Council On:.®/ �1Y ''Y:?0/7, STATE OF -IDAHO } ss, County.of Ada } O /-► City or w E IDIAN&_ I D A,I O SEAL A On this __..day of 2017, before me, the undersigned, a Notary Public in and for said St0e, personally Appeared nd C,JAY C ho, an known to me to. be, the���� ►nod �� Ql, ri esp c ve y, o the City of Meridian, Idaho, and who e.xecuted:the within tnstrt�medt An� ac mowledged tome that the City of Meridian execotod the same, IN WITNESS WHEREOF, I have. hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) V Pt3 SSO Ndestriah Pathway basement - S JaMP$ Gt: NOTARY PUBLIC FOR ID IIC> Residing at: c Comml5sion Expires: Febrttary 17, 2017 Project No. 115195 'rtlti LAND 01(OLIP, INC.. Exhibit "A" JAMES COURT PATHWAY EASEMENT DESCRIPTION 06-3 An easement ionated in Lot 39, Block 6 of Trallway Park Subdivision,recorded in Book 89 of Plats at Page 10281, Ada County Records, situate In the Southwest One Quarter of Section 6, Township 3 North, flange 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows;. Commencing at the Northwest corner of Lot 39, Block 6 of saidTrailway Park Subdivision, said point being common with the southerly Right -of -Way line of East lames Court Drive and the Northeast corner of 12, Block 1 of Bridgewood Park Subdivision, recorded in Book 66 of Plats at Page 6260 of Ada County Records, said point being the POINT OF BEGINNING; Thence South 89° 34'24" Fast, a distance of 35:09 feet on the line common to the Southerly right-of- way line of said Gast James Court Drive and the Northerly line of said Lot 39 to a point of curve; Thence 13.59 feet on the ars of a curve to the left, said curve having a radius of 33.0.00 feet, a central angle of 02° 21' 31", a chord bearing of North 89° 14' 52" East, and'a chord length of 13,58 feet on the line common to the. Southerly right-of-way line of said East James Cour[ Drive and the Northerly line of said:Lot 39; Thence South 840 14' 25" West, a distance of 18,66 feet; Thence South 85" 11' 32" West, a distance of 37.24 feet to a point common to the Westerly line of said Lot 39 and the Easterly line of said Lot 12; Thence North 00" 25'36" East, a distance of 4.46 feet to the JOINT QF BEGINNING. The above described parcel contains 107 square feet more or less. PREPARED BY; i'KE LAND GROUP, INC. James R, Washburn 0 Site. Planning ® Landscape Architecture + Cmf Engineering < Golf Course Irritation P Engineering o Graphic Design e Surveying 1162 E* Shore Drive, Suite 100 & Eag`.e, Idaho 83616 a P 208.939.AO41 a w, ww thelandgrotipinc coni 4 ,;.$ I I t!;. ,,*I :—V cc= Mlljl.4 CAI 01 fu M X min I Ln Exhibit "B" James Court Pathway Easement N0- Idaho cc, M, CD M o t7 rj tj r -j to pi tq o M CD cr rTl F- CiJ c:) I Ln Exhibit "B" James Court Pathway Easement N0- Idaho cc, M, CD o t7 rj tj r -j to pi tq o M CD rTl CiJ c:) o r - M M, WOODFORD FIDE GLADEWMTR AVE, Exhibit "B" James Court Pathway Easement N0- Idaho cc, M, CD o t7 rj tj to pi tq o GLADEWMTR AVE, di Exhibit "B" James Court Pathway Easement N0- Idaho L r t7 rj di Exhibit "B" James Court Pathway Easement N0- Idaho Meridian City Council Meeting DATE: October 24, 2017 ITEM TITLE: ITEM NUMBER: PROJECT NUMBER: James Court Pedestrian Pathway Easement #4 MEETING NOTES APPpOVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION 6U DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2017-102198 BOISE IDAHO Pgs=5 NIKOLA OLSON 10/25/2017 04:19 PM CITY OF MERIDIAN, IDAHO NO FEE 'EL1E8'TIt>(A.N PATHWA'Y_'i±,ASVME1 NT Wd, THIS. AGREEMENT; made and entered into this day of� ., 2017, between Destiriy Cove Neighborhood Association., hereinafter referre to as `Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee" ; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions, of which the City of Meridian. desires to establish a public pathway; and WHEREAS, tine Grantor desires to grant an easement to establish a public pathway acid provide connectivity topresettt and future portions of'the pathway; and WHEREAS, Grantee shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, theparties agree as follows: THE GRANTOR does. hereby grant unto the Grantgo an easement on the following property, described on Exhibit "A" and depicted o.n Exhibit "B" attached hereto and incorporated herein, THE EASEMENT hereby granted is for the purpose. of providing a public pedestrian pathway -easement, for, Multiple -use non-motorized.recreation, with the free right of access to such facilities: at any and all times, TO' HAVE AND To HOLD., said easoment unto said. Grantee, its successors and assigns forever, THE GRANTOR hereby -covenants. And.agrees that it will not place. or allow to be placed .any permanent .structures:, trees, brushy or perennial .shrubs or flowers within the area described for this.ease.ment, which. -would interfere with the, use of.said easement, forthe purposes: stated herein, .IT IS EXPRESSLY UNDER -STOOD AND AGREED, by and between the parties hereto, (hat fhe Grantee shall repair and maintain the pathway improvements,, Pedestrian PatWay Easement — B. James Q. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or whichis a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished, THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever, IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: Destiny C e Neighborhood Association BY Its: STATE OF IDAHO ss County of ADA On this day of 2017, befor me, the Undersigned, a Notary Public in and for said S ate, pegs pally ap eared known or identified to me to be the th t executed the within instrument, and acknowledged to me that such company executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal tile day and year fist above written. •` NOTARY PU /l, FOR IDAHO , Residing at: 6 t� Commission Expires: Pedestrian Pathway Easement -- E. James Ct. GRANT E; CITY OF MERIDIAN �V 1,re 1� &(�,le_,Z- Pws; 6164 At st by C, ay i~oles, City Clerk Approved Ey City Council On: _ l a 1 r 22/1 . STATE OF IDAHO ss. County of Ada A ,4 niy or E IDJAN-- ;opH® SEAL, On this _day of, I V � ; 2017, before me, the undersigned,, a Notary Public. in and for said State, personally appeared'=Niely, �, and C;JAY COLES, known tome to be theAiStUruino,C,*%CCllerk, resthe City of Meridian, Idaho, and who executed the withen , an ackn.o.Wledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my (land and affixed my official seal the day and yeari:irst above written, (SEAL)AV IV 0 PA03ATE ' Pedestrian Palhway Easement w'G,James- Q. Tc�,& Z2(1'1� _ NOTARY PUBLIC FOR. IDAHO Residing at;5�'r�t 11 +,2 Commission Expires;_ s ,k June 19, 2017 Project No, 135195 THC LANs] GROUP, INC. Exhibit "A" JAMES COURT PATHWAY EASEMENT DESCRIPTION NO Lot 20 Block 6 An easement located in Lot 20, Block 6 of Trailway Park Subdivision, as shown on the official plat thereof, recorded in Book 89 of Plats at Page 10231 of Ada County Records, located in the Southwest One Quarter of Section 6, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Northeast corner of Lot 20, Block 6 of said Trallway Park Subdivision, said point being common with Northwest corner of Lot 19, Block 6 of said Subdivision and the Southerly Right -of -Way line of East James Court Drive, said point also being the POINT OF BEGINNING; Thence South 29' 20'49" East, a distance of 2;46 feet on the lot line common to said Lots 19 and 20 of Block 6; Thence South 75" 48'00" West, a distance or 14.48 feet; Thence South 73' 22'31" West,.a distance of 3.41 feet; Thence South 52' 38'52" West, a distance of 0.69 feet to a point an the easterly right-of-way line of North Arrow Wood Avenue; Thence North 36' 16'37'1 East, a distance of 3,92 feet on said right-of-way line to a point on the southerly right-of-way line of East James Court Drive, said point being a point of curve; Thence 14.85 feet on the arc of a curve to the left, said curve having a radius of 343,06 feet, a central angle of 02'28' 50", a chord bearing of North 74' 39' 34" East, and a chord length of 14,85 feet on said right-of-way line to the point of beginning. The above described parcel contains 36 square feet more or less. PREPARED BY: THE LAND GROUP, INC. James R. Washburn Site Planning • Landscape Architecture • civilEngineering • Golf Course Irrigation & Engineering • Graphic Design + Surveylns 462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 * P 208.939,4041 • www.thelandgroupinc.com Uv po" 611.n "W r OuMnd trblJlvl6,ylTpit]R� C7 y C C M m F cr N. GLADE fVA TER A VE. I K = � rn CDcn opo N. EUREICA AVE. W � Cp b � r' a n � o o x a 9 m' ao r > N. ARROW WOOD AVE. C x 2 a � 0 PR dt �� O p rn 00 `--' o y0 do �- Rv �s Exhibit "R" � '� James Court Pathway Easement NO. �l MtiNll r Pil a idhn a idhn Meridian City Council Meeting DATE: October 24, 2017 ITEM NUMBER: 6V PROJECT NUMBER: ITEM TITLE: James Court Pedestrian Pathway Easement #5 MEETING NOTES 0 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 2017-102202 BOISE IDAHO Pgs=5 LISA BATT 10/25/2017 04:20 PM CITY OF MERIDIAN, IDAHO NO FEE PEDE � TRIAN LATRWAy,EA$FME No. S 5 THIS AGRF EMENT, made and eatered.into this day- of 2017, between Daniel Ai Lipsett,, heroinafter referred to as "Grantor", and the City of Meridian, an 'Idaho municipal. -corporation, hereinafter referred to as "Orantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish. a public pathway.; and WHEREAS, the Grantor desires to grant an easement to establish. a public pathway and provide connectivity to present and -future portions of the pathway; and WHEREAS, Grantee -shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the parties. agree as -follows: I THE GRANTOR does hereby grant unto the Grantee an easement on the followtng property, described on Exhibit 'W' and depicted on Exhibit " B" attached hereto and incorporated herein, THE EASEMENT hereby granted is for the purpose of providing. 4 public pedestrian pathway easement for nulfiple-use, non-mot.orized.recfeatioii,,With:the,. froexight-of access 'to such facilities at any and. all -times. TO HAVE,AND TO HOLD, said easement unto said Grantee, ts successors and assigns forever, THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, ctures, trees, brmh.,. or perennial shrubs or flowers -within. the area described for this easement, which would lnterfer&with the use,of said emementhr the purposes stated- herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee shall repair and maintain the pathway improvements, Pcdo.strlan Pathway Basement.— E. lames Ct. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: Daniel A. Lipsett BY: Its: Owner STATE OF IDAHO ) ss County of ADA ) On this Aq w day of ��, 2017, before me, the undersigned, Notary Public in and for said State, personally appeared Qay- id PAVSLty^ ; -k P � known or identified to me to be theYl �" that executed the within instrument, and acknowledged to me that s co na y executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. Pedestrian Pathway Easement — E. James Ct. - r) --o I � . r� NOTARY PUIDAHO Residing at: AjK-/ -7M Commission Expires: cam- - G �_ GRANTEE: CITY OF MERIDIAN 1 f' J 1/ erdrmayer- lin I. —P1 / -Sk� At st by C, ay Coles, City Clerk r � ` Cily of yy qq ��py W `-' Il.idAN1 IDAHO Approved By City Council On; STATE OF IDAHO ) ss. County of Ada On this day of I )C;) b22" , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared o�Zvelvl�!�o�lkt E-W7 D -and C,JAY COLES, known to me to be the �� d,,q v lerk, respecte City of Meridian, Idaho, and who executed the wit iin i ------ ana 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. Pedestrian Pathway Easement -- E. James Ct, a NOTARY PUBLIC FOR IDAHO Residing at; / Commission Expires: S? - 96 � c9b 40 I May 1, 2017 Project No, 115195 THE LAND GROUP, INC, Exhibit "A" JAMES COURT PATHWAY EASEMENT DESCRIPTION N... Lot 12, Block 1 An easement located In Lot 12, Block 1 of Bridgewood Park Subdivision, as shown on the official plat thereof, recorded in Book 66 of Plats at Page 6760 of Ada County Records; situate In the Southwest One Quarter of Section 6, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Northeast corner of Lot 12, Block 1 of said Bridgewood park Subdivision, said point being common with the Southerly Right -of -Way line of East James Court Drive and the Northwest corner of Lot 39, Block 6 of Trailway Park Subdivision, recorded in Book 89 of Plats at Page 10231 of Ada County Records, said point being the POINT OF BEGINNING; Thence South OO° 25' 36" West, a distance of 4.43 feet on the line common to Lot 12, Block 1 of said Bridgewood Park Subdivision and Lot 39, Block 6 of said Trailway Park Subdivision; Thence South 85" 10'24" West, a distance of 0,47 feet; Thence South 880 51'18 West, a distance of 12.28 feet; Thence South 89° 2.6' 13" West, a distance of 80.26 feet; Thence South 71° 28'36" West,,a distance of 20,17 feet to a point of curve; Thence on the Southerly Right -of -Way line of East James Court Drive the following courses and distances, Thence 21.56 feet on the arc of a curve to the right, said curve having a radius of 20.00 feet, a central angle of 61° 46' 22", a chord bearing of North 580 23' 29" East, and a chord length of 20,53 feet; Thence North 89° 18' 22" East, a distance of 91,69 feet to the POINT OF BEGINNING. The above described parcel contains 506 square feet more or less, PREPARED BY; THE LAND GROUP, INC, James R, Washburn Site Planning * Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering o Graphic Design a Surveying 462 F. Shore. Drive, Suite 100 o Eagle, Idaho 83616 • P 208,939.4041 • www.thelandgroupint.com ,. ..... .�,,,..,.--r.,.,,o, nr�,cnv� uo,mt nanvr9 a. est hcUrl t17 A» nlca DE14lwtol: AtoO)y M1Y 12017 at 10 43AIl crS ONs N, WOOD.F'ORD AVL'. O G �: F. r) !: M O aNa��. C', h�31 (A U1 (n Ci W tM I \ J IVATER AVE, N, GLADE u? 4"a •y �� Q: � ca M r'i crS ONs N, WOOD.F'ORD AVL'. O x 0 b O 7` a i r7 N rn C O � Q C O I \ J IVATER AVE, N, GLADE _ a�oC2y O Q, � a' Q -a rn � z M-13 c C) i o �, o -o ivrn;w M a o M a74 in P b p [ 1£ I� _ s s Exhibit "B", —AhJames Court. Pathway Easement No. WML lit r l U " 6 rdetidlana g� Idaho � � � Meridian City Council Meeting DATE: October 24, 2017 ITEM NUMBER: 6W PROJECT NUMBER: ITEM TITLE: Utility Easement from City as Grantor to Century Link as Grantee at City Well Lot # 16 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 After recording please return to: Bary Sullivan 12808 NB 54" Way Vancouver, WA 98682 ADA COUNTY RECORDER Christopher D. Rich 2017-102416 BOISE IDAHO Pgs=5 LISA BATT 10/26/2017 12:55 PM CITY OF MERIDIAN, IDAHO NO FEE EASEMENT AGREEMENT RW# P792600/ Job #N.232396.C.13 (nRCORDING INFORMATION ABOVE) The City of Meridian, an Idaho Municipal Corporation ("Grantor"), having an address of 33 E. Broadway Avenue, Meridian Idaho, for good and valuable consideration of mutual benefits, the receipt and sufficiency of which are acknowledged, hereby grants and conveys to Qwest Corporation, a Colorado corporation d/b/a CenturyLink OC, its successors, assigns, lessees, licensees, atients and affiliates ("Grantee"), having an address of 100 CenturyLink Drive, Monroe, Louisiana 71203, Attn: Construction Service, a perpetual, non-exclusive easement ("Easement") to construct, operate, maintain; repair, expand; replace and remove Grantee's communication facilities (including utility service if required to operate such facilities) and other appurtenant equipment and structures as Grantee may require from time to time (collectively; the "Facilities") over, under, upon, and across the following property located in the County of Ada, State of Idaho, which Grantor owns ("Easement Tract"): AN EASEMENT THAT IS DESCRIBED IN ITS ENTIRETY ON EXHIBIT A AND DEPICTED ON EXHIBIT B ATTACHED TO, AND BY THIS. REFERENCE MADE A. PART OF THIS AGREEMENT Grantor further grants and conveys to Grantee the following incidental rights: (1) A temporary right of way adjacent to the Easement Tract to be used during all periods of construction, reconstruction, upgrade, reinforcement, repair and removal of the Facilities upon a strip of land 5 feet wide on the northerly and westerly sides of the boundaries of the Easement Tract; (2) The right of ingress and egress over and across Grantor's lands to and from the Easement. Tract; and Grantor reserves the right to use and enjoy the Easement Tract so long as Grantor's use does not materially interfere with the rights granted in this Easement Agreement: Grantor will not erect any structure or plant trees or other vegetation within the Easement Tract and will not alter the surface or subsurface of the Easement Tract or the ground immediately adjacent to the Easement Tract by grading or otherwise excavating. Grantor warrants that Grantor is the owner of the Easement Tract and will defend title to the Easement Tract against all claims, Grantee will have no responsibility for environmental contamination unless caused by Grantee, Grantee will indemnify Grantor for all damages caused to Grantor as a result of Grantee's negligent exercise of the rights and privileges granted in this easement. If Grantor desires to construct improvements on all or a portion of the Easement Tract, Grantor will provide Grantee with (1) a written notice to relocate the Facilities at least 90 days prior to the date Grantor.. requires Grantee to vacate the Easement Tract, and an (2) alternate location for the Facilities on Grantor's property reasonably acceptable to Grantee that is comparable to the original Easement Tract in terms of size, topography and soil conditions and is as close proximally as is reasonably practicable to the original Easement Tract (the "New Easement. Tract"). Following its receipt of Grantor's relocation notice, Grantee will proceed, at Grantee's sole cost, to redesign the Facilities and move them to the New Easement Tract, Once such relocation is completed, Grantor will provide Grantee with a new easement substantially identical to this Easement Agreement for the New Easement Tract which shall be recorded by Grantee, at Grantee's cost, in the real estate records. Following recording of the new easement, Grantee :will provide Grantor with a release of this Easement Agreement in recordable form. The rights, conditions and provisions of this Easement Agreement will run with the land and will. inure to the benefit of and be binding upon Grantor and Grantee and their respective successors and. assigns. (END OF TEXT, SIGNATURES TO FOLLOW ON NEXT PAGE) GRANTOR MY Or M)MIDIAN B' /f?JA,j STATE OF IDAHO ) ss. County of Ada On this.., — day of 2017, before me IkAl�tm personally. appeared -11 mm e, I e Wid Way Coles, Icnown or identified to. ni6 to be the y d C1 Clerk of the . . . . . . . . 'n orporation who executed and. attested, respectively the t municipal t�, ,u VLL un Vnwellq Ci Cleric chalf of said Mon corporation, and acluiowledgod to that such m ipipal -cot al, corporation oxecuted. the same.. 'INI WITNESS WHEREOF, I' have hereunto set. My hand and affixed my Qfficia seal the day and year in this certificate, -first above written. 01 A it -Y NOTARY PUBLIC FOR IDAHO Residing at,C �T I v�L� �L sic My Commisgio'n Expires P�D PUS Exhibit A LEGAL DESCRIPTION FOR UTILITY EASEMENT CENTURYLINK A strip of land located in the Northeast 1/4 of Section 8 Township 3 North, Range 1 East, Boise Meridian, Canyon County, Idaho. Being furtherdescribed as follows: BASIS OF BEARINGS: The South line the Northeast 1/4 of Section 8 Township 3 North, Range 1 East, Boise Meridian, derived fi-om found monuments and taken as South 89°54'50" East with the distance between monuments found to be 2,615.04. Beginning, ata point being the Northwest corner of Gemstone Center No. 2 subdivision recorded in Book 74 of plats Page 7664, Ada County, from which the Center 1/4 corner of said Section 8 bears, South 30°13'22' West a distance of 1,329.91 Peet; thence along the North line of said Subdivision, South 89°36'04" East a. distance of 54 feet; thence leaving said North Line, North 00°3.0'23" East, to a point on the South line of Lot:2 Block 3 Treasure Valley Business Center Phase 1 recorded in Book 53 of plats Page 4790, Ada County, a distance of 60.00 feet; thence along said South line, North 89136'04" West a distance of 4.00 feet; thence leaving said. South line, South 0090'23" West a distance of 56.00 feet; thence North 89°3.6'04" `West, to a point on the EastRight-of--way of North Hickory Avenue, a distance of 50.00 feet; thence along said Right-of-way, South 00°30'23 West a distance of 4.00 feet to the POINT OF BEGINNING. Said Parcel containing 1440 square feet, more or less and is subject to all. existing easements and rights -of -ways of record or implied. END OF DESCRIPTION Kenneth H. Cook, P.L.S. 9895 Timberline Surveying 847 Park Centre 'Way, Suite 3 Nampa, Idaho 8365.1 (208) 465-5687 Exhibit B OA co ,. 01, o,C' H. H I C K 0 R Y AVENUE y ca sQs9y I of n I M N00°30'23"E - 60.00' 4.00' 56.00' C EASEMENT I Iz I y (co cn a I� r ccoo I OW' owi �'• mI q m z o ' I to rn "' oo vi) -�i I� N c 1 'bc0°o I o y oo y y ,�, y Z I IN z 0m o0 0I I I m DOnO aim N co C) M M ( - S00030'23"W56-.00-'-- _oo to o m z ---=--_ n 0'-2- .Z C , Oo l y to X 'zi I w' h1 C)N r -n rny 4Z 1°° to o: 0 Meridian City Council Meeting DATE: October 24, 2017 ITEM NUMBER: 6X PROJECT NUMBER: ITEM TITLE: AP Invoices for Payment - $2,968,711.33 MEETING NOTES u APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund A-1 STAMP & MABEL'S LABELS magnetic name badges for K Warren & W Maisey - qty 2 20.00 01 General Fund ABOUT THE KIDS, INC.instructor fee - Lacrosse 10/4/17 - qty 12 259.20 01 General Fund ACE AUTO BODY Removed Steel Training Bumper on PIT1 Vehicle & Put on PIT3 1,245.00 01 General Fund ACE AUTO BODY Removed Steel Training Bumpters from PIT2 Veh & Put on PIT4 1,245.00 01 General Fund ACE AUTO BODY Repair grill, Front Bumper & Headlight on Unit #159 from rec 3,353.17 01 General Fund AMY MERRILL instructor fee - Ballet 9/5-9/28/17 - qty 48 1,420.80 01 General Fund APPLIED CONCEPTS Radar Trailer to Replace Might Max on G100 FY18, Vin# 301693 7,651.77 01 General Fund ARTECH SCREEN PRINTING winter banners - qty 36 2,916.00 01 General Fund ASSOCIATED TAXPAYERS OF IDAHO Registration, 5 Employees, AIC 2017 Conference, 12/6/17 500.00 01 General Fund BDPA INC BDPA HR Consulting Fee for 4 hours 360.00 01 General Fund BDPA INC FY18 Gold Subscription NW Data Exchange, 10/1/17-9/30/18 2,200.00 01 General Fund BEHAVIORAL WELLNESS RESOURCES 220/Training course, ODP, all Capt & Senior Staff, 9-25&26 3,450.00 01 General Fund BILL SCHULER Per Diem, W. Schuler, EMS Trauma Conference, Sun Valley ID, 135.00 01 General Fund BMI GENERAL LICENSING BMI music licensing dues 10/1/17-9/30/18 612.00 01 General Fund BOISE FITNESS EQUIPMENT Dumbells for Fitness Room Including Delivery & Install-Qty41 5,215.00 01 General Fund BOISE SOFTBALL UMPIRES ASSOC.17-0253 softball umpire services 10/9-10/13/17 x 44 games 2,000.68 01 General Fund BOISE SPEAKWELL Individual Sessions for Presenting Efficiency, B. Sherwood, 350.00 01 General Fund BRICON, INC downtown tree box concrete, irrigation line, & well work 9,559.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC 220/MF026, Oil Change & new battery 166.95 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Billing Error, Credit coming on Inv #75481 253.09 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Credit for Billing Error on Inv # 75519 (361.21) 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Credit for Inv. # 75478, Unit # 21 (253.09) 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Headlight for Vehicle Lic# C13197 17.95 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC oil change & service on fleet truck 2 - license C17280 82.35 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC oil change & tire rotation for fleet truck 11 license C9980 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change and Transmission Fluid Service for Unit # 153 164.95 Date: 10/19/17 02:40:55 PM Page: 1 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change Credit for Unit #14 See Inv # 75576 (50.00) 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil change Credit for Unit PIT 4, See Inv# 75947 (55.00) 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC oil change for fleet truck 14 - license C17279 60.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Toyota Highlander, Lic# C13197, Vin# 208425 23.23 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil change for Unit # 122 65.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 143 70.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 158 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 162 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 167 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil change for Unit # 524 65.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit invoice error for Unit #14 50.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil change for Unit PIT 4 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Pit #4 Oil change/Safety for EVOC Training 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Rear Brakes & Rotors for Unit # 524 723.32 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Unit #17, Replace Engine Oil Dipstick 39.74 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Vacuum Brake Booster Pump Replacement for Unit #143 353.94 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Wipers for Unit # 143 19.90 01 General Fund BSN SPORTS, INC.pickleballs & volleyball net - qty 13 713.86 01 General Fund Campbell Tractor Co.Heroes John Deere 1445 mower #7 repair parts - qty 4 81.33 01 General Fund Campbell Tractor Co.Settlers John Deere 1600 mower repairs 2,053.07 01 General Fund CANYON HONDA Oil change and Front Brakes for Unit #522 112.06 01 General Fund CANYON HONDA Oil Change for Unit # 521 50.93 01 General Fund CANYON TRUCK UPFITTERS fleet truck 29 inverter & battery, box & vise 2,382.56 01 General Fund CHARLIE BUTTERFIELD Per Diem, C. Butterfield, EMS Trauma Conference, Sun Valley 135.00 01 General Fund CHAVCO TREE & LANDSCAPE SERVICES, INC. tree trimming at old City Hall - qty 16 960.00 01 General Fund CHIEF SUPPLY CORPORATION Credit for 2 Defective Flashlights (165.98) 01 General Fund CHIEF SUPPLY CORPORATION Emergency Blankets for patrol Cars - Qty 10 51.85 01 General Fund CHIEF SUPPLY CORPORATION Off Duty Holsters for TY18 New Hires - Qty 14 535.49 01 General Fund CITY OF BOISE - CITY PRINT & MAIL SERVICES Patrol Notebooks 126.50 01 General Fund CJs POLICE K-9S Replacement K9 - Topper 8,000.00 01 General Fund CLIMA-TECH CORPORATION HVAC controls for Homecourt 5,118.00 01 General Fund CLIMA-TECH CORPORATION PD Server Room Humidifier Sensor for Clima Tech System 1,842.00 01 General Fund COMMERCIAL TIRE 220/4 new tires, MF035 622.24 01 General Fund COMMERCIAL TIRE 220/MF021 Flat repair 44.50 Date: 10/19/17 02:40:55 PM Page: 2 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund COMMUNITY PLANNING ASSOC FY18 Annual Compass Membership Dues - 1st Quarter 3,611.75 01 General Fund CROP PRODUCTION SERVICES INC Rainshield fungicide for Hillsdale Park - qty 36 lbs 324.00 01 General Fund CTA ARCHITECTS 17-0039 RWT Pathway design services contract 09/2017 2,870.38 01 General Fund CUSTOM IMAGE, LLC caps for seaonal staff - qty 72 568.08 01 General Fund DAVID JONES Per Diem, D. Jones, EMS Trauma Conference, Sun Valley ID, 11 135.00 01 General Fund DAWN CRONK Reimb, Parking, D. Cronk HPC Commissioner, Idaho Heritage Co 12.00 01 General Fund E C POWER SYSTEMS 220/Generator Mtnc St. 2 208.00 01 General Fund E C POWER SYSTEMS 220/Generator Mtnc, St. 3 280.91 01 General Fund EDWARDS GREENHOUSE fall flowers for downtown - qty 410 2,193.35 01 General Fund ELIZABETH MEYER Refund, Rec# 2003703.002, Withdrew from Dance Class 1/8/15 36.00 01 General Fund EPIQUE EVENTS AND GIFTS 2017 Kleiner Park Live professional services pay #3 3,000.00 01 General Fund FAMILY TANG SOO DO instructor fee - Martial Arts 9/5-9/29/17 - qty 25 736.00 01 General Fund FERGUSON ENTERPRISES INC.Plumbing filters and treatments - Qty 5 194.88 01 General Fund FIREFIGHTERS BOOKSTORE 220/10 Educational training books for the fire service 739.00 01 General Fund GERARD POPE Refund, Rec# 2003705.002, Withdrew from Hike with A Ranger C 25.44 01 General Fund GLASS DOCTOR Windshield Chip Repair for Unit # 28 39.95 01 General Fund GLASS DOCTOR Windshield Replacement for Unit # 27 263.31 01 General Fund GOSNEY MANAGEMENT, LLC.instructor fee - Draw & Paint 9/7-9/28/17 - qty 2 120.00 01 General Fund GRANVILLE STARK Per Diem, G. Stark, EMS Trauma Conference, Sun Valley ID, 11 135.00 01 General Fund HOME DEPOT CREDIT SERVICES 220/3 smoke alarms for smoke alarm program 158.91 01 General Fund HOME DEPOT CREDIT SERVICES 220/Buckets & shovels for Fire Investigations - Qty 10 51.78 01 General Fund HOME DEPOT CREDIT SERVICES 220/Credit for tax charged on inv # HD-10-5-17 (9.00) 01 General Fund HOME DEPOT CREDIT SERVICES 220/Paint & supplies for Weight room, St. 5 - Qty 11 109.19 01 General Fund HOME DEPOT CREDIT SERVICES 220/Paint & supplies to paint workout room St. 3 122.43 01 General Fund HOME DEPOT CREDIT SERVICES 220/Paint supplies for weight room, St. 1 - Qty 19 183.08 01 General Fund HOME DEPOT CREDIT SERVICES 220/Power outlet for T-31 22.96 01 General Fund HOME DEPOT CREDIT SERVICES 220/St. 3 weather stripping for door - Qty 3 14.94 01 General Fund HOME DEPOT CREDIT SERVICES Equipment to Strap Cables Down in Command Trailer - Qty 3 20.13 01 General Fund HOME DEPOT CREDIT SERVICES flashlights & allen wrenches for Parks Shop - qty 3 48.92 01 General Fund HOME DEPOT CREDIT SERVICES Measure Wheels and Storage Totes for K9 Training 95.82 01 General Fund HOME DEPOT CREDIT SERVICES Shop Supplies for Camera Set up 11.95 01 General Fund HOME DEPOT CREDIT SERVICES Totes for CID per C. Yates - Qty 2 49.94 01 General Fund IDAHO CHILD SUPPORT RECEIPTING A. Rudan, Case# 340303, Child Support October 2017 481.00 Date: 10/19/17 02:40:55 PM Page: 3 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund IDAHO CHILD SUPPORT RECEIPTING B. Caldwell, Case# 251042, Child Support October 2017 245.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING B. Day, Case# 175578, Child Support October 2017 325.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING G. Stark, Case# 352890, Child Support October 2017 1,070.95 01 General Fund IDAHO CHILD SUPPORT RECEIPTING M. Gould, Case# 321962, Child Support October 2017 821.71 01 General Fund IDAHO CHILD SUPPORT RECEIPTING M. Payne, Case# 311213, Child Support October 2017 317.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING T. Bryner, Case# 262519, Child Support October 2017 1,174.00 01 General Fund IDAHO CUSTOM WOOD PRODUCTS INC Repaired under desk panel in Council Chambers at City Hall 2,502.00 01 General Fund IDAHO DEPARTMENT of LABOR #0007001746 - 3rd Quarter 2017 Unemployment 958.51 01 General Fund IDAHO HUMANE SOCIETY 18-0054, Animal Control Services - October 2017 31,761.00 01 General Fund IDAHO POWER 2200136188, Parks Power September 2017 12,387.27 01 General Fund IDAHO POWER 2200773816, City Hall Power October 2017 7,830.88 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice - 10/17/17 PH on Gensco, Kentucky Ridge Estates 73.26 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice - 10/24/17 PH on Comprehensive Plan Text Amendm 87.32 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice - Ord 17-1748 & Map for Annexation & Zoning Ord 246.22 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice - Ord 17-1749 & Map for Providing for Re-Zoning 246.22 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice - Ord 17-1750 & Map for Golden Eagle Estates, 1 246.22 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice for 10/19/17 PH on East Ridge Estates Sub, Lind 98.42 01 General Fund IDAHO STATE POLICE Sept. 2017 Background and Fingerprinting for Pre-Employment 427.00 01 General Fund IDAHO STATESMAN recruitment ads for Build. Maint. and Plant Utility - Sept17 300.00 01 General Fund IMPACT PEST SERVICES vole control at Ten Mile Interchange 250.00 01 General Fund INT'L CODE COUNCIL R3-Residential Plans Exam-Mindi Smith, Online 199.00 01 General Fund INTL ASSOC ARSON INVESTIGATORS 220/Registration, 4 Employees, IAAI Conference, Boise ID, 11 900.00 01 General Fund K9TACTICALGEAR.COM K9 Equipment - Qty 8 195.00 01 General Fund KATHERINE PICKER Refund, Rec# 2003704.002, Shelter Permit for Cancelled Event 31.50 01 General Fund KING CANOPY custom picnic canopy volunteer backdrop - qty 1 203.13 01 General Fund KING CANOPY steel picnic canopies w/custom MPR lettering & logoed x 2 1,249.38 01 General Fund KIWANIS CLUB OF MERIDIAN Quarterly Dues for S.Galbreaith, 10/1/17-12/31/17 180.00 Date: 10/19/17 02:40:55 PM Page: 4 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund LAERDAL MEDICAL CORP 220/online training materials req for paramedic lic - qty 7 924.00 01 General Fund LAURIE MCELROY instructor fee - Adult Yoga 9/7-9/28/17 - qty 3 67.20 01 General Fund LAWN CO MAINTENANCE 17-0242/18-0029 price code 1/landscape maint contract 10/17 20,621.00 01 General Fund LEADSONLINE LeadsOnline TotalTrack Investigation System Service Package 1,668.00 01 General Fund LIFEMED SAFETY, INC 220/Replacement pads for AED, Equip Mtnc.1,425.00 01 General Fund LITHIA FORD LINCOLN OF BOISE Cargo Shade for Lt's Unit # 48 119.00 01 General Fund LITHIA FORD LINCOLN OF BOISE Cargo Shade Returned, See Inv# 838682 (119.00) 01 General Fund LOBBY IDAHO, LLC 18-0027, Government Relations Services, September 2017 2,500.00 01 General Fund LOWE'S 220/Trim paint for weight room, Grommet kit tool, st. 3 28.75 01 General Fund MARK NIEMEYER Per Diem, M. Niemeyer, EMS Trauma Conference, Sun Valley ID, 135.00 01 General Fund MATTHEW PARSONS Expense Report, M. Parsons, FBI-LEEDA Executive Leadership I 158.78 01 General Fund MAV EVENT SERVICES Movie Night security at Settlers - qty 6 hours 8/25/17 102.00 01 General Fund MAV EVENT SERVICES Movie Night security at Settlers Park - qty 6 hours 7/28/28 102.00 01 General Fund MELENA BUSS instructor fee - Zumba 9/6-10/4/17 - qty 4 153.60 01 General Fund MERIDIAN CHAMBER of COMMERCE Breakfast, J. St. Martin, Economic Excellence Breakfast,9/28 25.00 01 General Fund MERIDIAN VETERINARY CLINIC Annual Exam & Shots for K9 Dory 119.00 01 General Fund MERIDIAN VETERINARY CLINIC Annual Exam & Shots for K9 Gus 202.68 01 General Fund MERIDIAN VETERINARY CLINIC Exam, Urinalysis, & Meds for K9 Arco 204.96 01 General Fund MERIDIAN VETERINARY CLINIC Fecal Exam for K9 Wyatt 28.00 01 General Fund MISTER CAR WASH Police Vehicle Washes for Sept 2017 150.00 01 General Fund MOORE & ELIA, LLP Courthouse matter 1,234.75 01 General Fund MOORE, SMITH, BUXTON & TURCKE Union Arbitration matter 1,884.00 01 General Fund MOTION & FLOW CONTROL PRODUCTS fittings for Ventrac equipment - qty 16 153.39 01 General Fund MOTIONS DANCE STUDIO instructor fee-CheerBalletJazzCapoeiraTapTumble 9/5-9/29/17 1,768.80 01 General Fund MOUNTAIN WEST, LLC playground bark for Bear Creek Park - qty 120 yds 3,305.00 01 General Fund MOUNTAIN WEST, LLC playground bark for Kleiner Park - qty 120 yards 3,305.00 01 General Fund MOUNTAIN WEST, LLC playground bark for Tully Park - qty 130 yds 3,572.50 01 General Fund MR. PM PRODUCTIONS LLC 17-0329, Video of High School Football - Sept 2017 1,000.00 01 General Fund MR. PM PRODUCTIONS LLC 17-0329,Video of Youth Farmers Mkt, Concert on Broadway-8/17 1,000.00 01 General Fund MUNICIPAL EMERGENCY SVCS 220/2 AFW Quick Release Padded SCBA Susp.79.73 Date: 10/19/17 02:40:55 PM Page: 5 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund NAPA AUTO PARTS 220/6 gallons, Antifreeze for Training 53.94 01 General Fund NAPA AUTO PARTS snow removal parts to outfit trucks - qty 5 25.92 01 General Fund NAPA AUTO PARTS Unit #5 Battery Maintainer for Command Trailers 31.24 01 General Fund NATURES CHOICE Kleiner Park pond treatment for algae on 9/12/17 450.00 01 General Fund NET@WORK, INC ABRA Annual Service Fee FY18, 10/2/17-10/1/18 6,099.41 01 General Fund NET@WORK, INC HRMS Support Service Fee FY18, 10/2/17-10/1/18 7,883.90 01 General Fund NETWORK INTERPETING SERVICE, INC. Sign Language Interpreting Service on 9/22/17 for 2 Hours 125.00 01 General Fund OFFICE DEPOT, INC.2 cases of X-9 copy paper for training materials 59.98 01 General Fund OFFICE DEPOT, INC.2018 calendar planner - qty 1 12.68 01 General Fund OFFICE DEPOT, INC.binder, pen, post-its, notebook, mouse, tape, wall calendar 396.78 01 General Fund OFFICE DEPOT, INC.Card Reels, Badge Holders, Paper, Pens, Laminating Letter Po 148.63 01 General Fund OFFICE DEPOT, INC.Clasp Envelopes - Qty 1 Box 9.67 01 General Fund OFFICE DEPOT, INC.Commission meeting binders - qty 13 60.58 01 General Fund OFFICE DEPOT, INC.Commission meeting tab dividers for binders - qty 13 29.38 01 General Fund OFFICE DEPOT, INC.Mouse, M570, Wrls, Trackba 33.31 01 General Fund OFFICE DEPOT, INC.Name Bade Holders, Binders, Name Badge Labels - Qty 11 116.82 01 General Fund OFFICE DEPOT, INC.Name Badge Inserts - Qty 1 Box 11.42 01 General Fund OFFICE DEPOT, INC.name plates for W Maisey & K Warren - qty 2 27.98 01 General Fund OFFICE DEPOT, INC.Notes, Post-it, SupSticky, JW - Qty 1 11.40 01 General Fund OFFICE DEPOT, INC.Pen, Precise, V5, RT, 0.5mm, Rd Calendar, Wall, 3-Month, 8x 12.59 01 General Fund OFFICE DEPOT, INC.Post-Its, Staples, Staplers, Binder Clips, Keyboards, Earbud 147.76 01 General Fund OFFICE DEPOT, INC.printer toner for Parks Shop - qty 4 357.94 01 General Fund OFFICE DEPOT, INC.Tape, Baggies and Wipes for Evidence - Qty 3 57.53 01 General Fund OFFICE TEAM John Hale w/e 09/11/17 30 Hrs, Records Retention Labor 549.30 01 General Fund OFFICE TEAM John Hale W/E 10/13/17 38.75 Hrs, Records Retention Labor 709.51 01 General Fund OFFICE VALUE - MERIDIAN Credit for Returned Stapler, Orig Inv# 107948-0 (21.99) 01 General Fund OFFICE VALUE - MERIDIAN Floor Heater for PD 31.54 01 General Fund OFFICE VALUE - MERIDIAN Office Supplies & Spoons, Forks, Knives and Plates for PD 1,175.51 01 General Fund OFFICE VALUE - MERIDIAN Pens for CID 72.58 01 General Fund OFFICE VALUE - MERIDIAN Pens, Clock, Punch, Wipes, Post-Its, White Board - Qty 16 487.76 Date: 10/19/17 02:40:55 PM Page: 6 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund OFFICE VALUE - MERIDIAN Plates and Forks for PD 54.69 01 General Fund OFFICE VALUE - MERIDIAN Ribbon Cartridge for Badge Printer,Yellow & Blue File Folder 104.68 01 General Fund OXARC, INC.220/Medical oxygen, qty 2 16.30 01 General Fund PAIGE MECHANICAL GROUP, INC.Plumbing repairs to water heaters at City Hall, 8/17 & 9/17 3,102.00 01 General Fund PAUL'S MERIDIAN STINKER diesel fuel for air compressor 21.76 01 General Fund PAUL'S MERIDIAN STINKER diesel fuel for loader 14.80 01 General Fund PAUL'S MERIDIAN STINKER diesel fuel for transfer tank; unleaded for truck 15 302.84 01 General Fund PAUL'S MERIDIAN STINKER emissions test for fleet truck 2 15.00 01 General Fund PAUL'S MERIDIAN STINKER Fuel for Fleet Vehicle, Lic# C19536 36.08 01 General Fund PAUL'S MERIDIAN STINKER premium unleaded fuel for Kawasaki mule 10.92 01 General Fund PAUL'S MERIDIAN STINKER premium unleaded fuel for Toro sprayer 16.17 01 General Fund PAUL'S MERIDIAN STINKER super unleaded fuel for fleet truck 14 69.00 01 General Fund PAUL'S MERIDIAN STINKER super unleaded fuel for fleet truck 17 71.21 01 General Fund PAUL'S MERIDIAN STINKER super unleaded fuel for fleet truck 30 79.59 01 General Fund PAUL'S MERIDIAN STINKER super unleaded fuel for fleet truck 5 79.74 01 General Fund PAUL'S MERIDIAN STINKER super unleaded fuel for fleet truck 8 83.45 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for equipment 16.29 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 10 89.03 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 11 116.43 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 16 72.83 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 18 74.51 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 2 65.50 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 22 66.38 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 25 62.75 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 29 148.48 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 30 55.13 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 31 45.00 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 4 50.00 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 4; diesel for equipment 48.00 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for Heroes Park equipment 24.63 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for Ventrac mower 9.93 01 General Fund PORTAPROS, LLC portable toilets at HMS ball fields 8/28-9/24/17 498.00 01 General Fund PORTAPROS, LLC portable toilets at Jabil 8/15-9/11/17 249.00 01 General Fund PRIMEPAY, LLC.City of Meridian Oct 2017 Payroll FSA Deductions 20,185.82 01 General Fund PRIMEPAY, LLC.Sept. 2017 Cobra Employee Insurance Fee 291.75 01 General Fund PRIMEPAY, LLC.Sept. 2017 Flexible Spending Account Fee 859.50 01 General Fund RANDY PLATT Per Diem, R. Platt, EMS Trauma Conference, Sun Valley ID, 11 135.00 Date: 10/19/17 02:40:55 PM Page: 7 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund REAL ANIMAL MANAGEMENT 17-0095, Goose Management Services 9/1/17-9/30/17 3,000.00 01 General Fund RESERVE ACCOUNT POSTAGE USE, September 2017 1,269.42 01 General Fund RICOH USA, INC C86084920, Copier Lease 10/17 & Additional Copies 9/17 432.84 01 General Fund RICOH USA, INC C86121202, Copier Lease 10/17 & Additional Copies 9/17-PSTC 411.64 01 General Fund RICOH USA, INC C86172112, Copier Lease 10/17 & Additional Copies 9/17-Recor 246.05 01 General Fund RICOH USA, INC C86172150, Copier Lease 10/17 & Additional Copies 9/17-Patro 521.70 01 General Fund RICOH USA, INC C86172157, Copier Lease 10/17 & Additional Copies 9/17-CID 518.04 01 General Fund RICOH USA, INC C86172509, Copier Lease 10/17 & Additonal Copies 9/17-Code 117.46 01 General Fund RICOH USA, INC C86173707 monthly lease 10/1-31/17 + addt'l pages 557.61 01 General Fund ROCKY MTN TOWING 220/towing car for extrication training 35.00 01 General Fund SAFETY ENTERPRISE, INC.09/2017 training: school buses, fire extinguishers 75.00 01 General Fund SCHINDLER ELEVATOR CORP PD Elevator Maintenance Agreement 10/1/17 - 9/30/18 2,839.08 01 General Fund SESAC SESAC music licensing 10/1/17 - 9/30/18 1,292.00 01 General Fund SHAUNA DOERR Refund, Rec# 2003702.002, Withdrew from Animation & Game Pro 140.00 01 General Fund SHRED-IT USA, LLC.220/Shredding St. 5 & 3 & Admin - Sept 2017 92.93 01 General Fund SHRED-IT USA, LLC.Sept 2017 Shred it Pickup HR - FY17 51.15 01 General Fund SIMPLEX GRINNELL 18-0033, Nov '17 monthly fire alarm monitoring all locations 466.74 01 General Fund SOCIETY-HUMAN RESOURCE MNGMT Membership Dues, ID# 01705718, C. Barney, 11/1/17-10/31/18 199.00 01 General Fund SOCIETY-HUMAN RESOURCE MNGMT Membership Fee, C. Ritchie, SHRM, 11/1/17-10/31/18 199.00 01 General Fund SOUTHEASTERN SECURITY CONSULTANTS, INC. background checks for contracted instructors - qty 17 314.50 01 General Fund SPECIALTY CONSTRUCTION SUPPLY ball field striping paint - qty 24 107.76 01 General Fund SPECIALTY CONSTRUCTION SUPPLY downtown brick work signage & mobilization 8/28-9/19/17 237.00 01 General Fund SPECIALTY CONSTRUCTION SUPPLY flag football field striping paint - qty 24 111.06 01 General Fund SPECIALTY CONSTRUCTION SUPPLY no parking panels for Community Block Party 61.25 01 General Fund SPF WATER ENGINEERING, LLC 16-0374 prof svcs Storey Park well engineering Sept 2017 1,010.00 01 General Fund SPORTSMANS WAREHOUSE 220/Cast iron cookware for all stations 649.87 01 General Fund SPORTSMANS WAREHOUSE buoys for Kleiner pond fountain - qty 3 29.97 Date: 10/19/17 02:40:55 PM Page: 8 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund ST LUKE'S HEALTH SYSTEM Sept. 23, 2017 FitOne Race Registrations for Team COM 1,295.00 01 General Fund STERLING CODIFIERS INC Sterling Codifiers 1,049.00 01 General Fund SYNCB/AMAZON 220/10 CO Detectors, 2 for each fire station 386.00 01 General Fund SYNCB/AMAZON 220/20 cablecutters, doorbell for office, coffee filters 638.11 01 General Fund SYNCB/AMAZON 220/Adhesive to repair wildland fire shelters - Qty 1 30.84 01 General Fund SYNCB/AMAZON 220/Belt holder for cell phone, Bongiorno 28.30 01 General Fund SYNCB/AMAZON 220/Toner, Neenah Paper, & BBQ Brush for St. 5 - Qty 3 147.35 01 General Fund SYNCB/AMAZON Anti-Fatigue Comfort Mat & Sit-Stand Desk Mount System -Qty2 496.95 01 General Fund SYNCB/AMAZON Dual Monitor & Handle Kit for ADA Accomodation 79.36 01 General Fund SYNCB/AMAZON Wellness Works Program Prizes - Qty 73 2,046.71 01 General Fund T-ZERS SHIRT SHOP 220/45 t-shirts for duty wear 621.50 01 General Fund TATES RENTS (GENERAL OFFICE)concrete saw rental - Settlers splash pad repair 9/26-28/17 113.40 01 General Fund TATES RENTS (GENERAL OFFICE)hedge trimmer blade sharpening & servicing 145.86 01 General Fund TATES RENTS (GENERAL OFFICE)propane for BBQ grill at Parks Shop 5.98 01 General Fund TATES RENTS (GENERAL OFFICE)walk behind overseeder rental for Settlers Park 10/3/17 123.98 01 General Fund THE UPS STORE Postage to Send Evidence to Lab 82.60 01 General Fund TRANSUNION RISK & ALTERNATIVE DATA SOLUTIONS TLO-Info Access for PD/CID 9/1/17-9/30/17 113.50 01 General Fund TREASURE VALLEY COFFEE 220/2 cases of coffee for the PSTC 69.50 01 General Fund TREASURE VALLEY COFFEE Coffee, Hot Chocolate, Cream, Sugar, Stir Sticks-qty 16 317.57 01 General Fund USSSOA Flag Football officials 10/2-10/6/17 - qty 6 475.02 01 General Fund USSSOA volleyball officials 10/2-10/6/17 - qty 50 games 1,091.12 01 General Fund WIENHOFF & ASSOCIATES, INC 17-0115, Drug and Alcohol Testing, Qty 19 - Sept 2017 595.00 01 General Fund WIENHOFF & ASSOCIATES, INC Pre Employment Testing, Qty 4 - Sept 2017 120.00 01 General Fund WILBUR-ELLIS CO.pre-emergent & herbicide for all parks - qty 68 7,697.50 01 General Fund WW GRAINGER, INC 220/3pks of batteries & 8 tarps 119.49 01 General Fund WW GRAINGER, INC 220/Lubrication, Duct Tape, Batteries, Saw Blades for St. 2 115.30 01 General Fund XEROX CORPORATION - PASADENA BOW-588861 220/Copy charges for Sept 2017 611.99 Total 01 General Fund 274,034.64 07 Impact Fund ENHANCED TELECOMMUNICATIONS 17-0399 security camera installation at Reta Huskey Park 6,148.99 Date: 10/19/17 02:40:55 PM Page: 9 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 07 Impact Fund ENHANCED TELECOMMUNICATIONS 17-0399 security camera installation-Keith Bird Legacy Park 6,148.99 07 Impact Fund IDAHO POWER 2200136188, Parks Power September 2017 747.16 07 Impact Fund STEPHANIE INMAN Hillsdale Park rock addition design suggestions 300.00 07 Impact Fund THE LAND GROUP, INC.16-0186 prof svcs Keith Bird Legacy Park master plan 09/2017 323.83 07 Impact Fund THE LAND GROUP, INC.16-0355 A & E design services - S Meridian Reg Park 09/2017 84,658.52 07 Impact Fund THE RUSSELL CORPORATION 17-0234, CM Services for Hillsdale Park, 9/1/17-9/30/17 56,814.13 07 Impact Fund THE RUSSELL CORPORATION 17-0235, CM Services for Keith Bird Legacy Park, 9/1/17-9/30 243,341.00 Total 07 Impact Fund 398,482.62 60 Enterprise Fund ADA COUNTY HIGHWAY DISTRICT 17-0035, Ustick, Linder/Meridian, Service 9/1/17-9/30/17 1,425.00 60 Enterprise Fund ADA COUNTY HIGHWAY DISTRICT 17-0355, West 1st ST, Broadway/Pine Sewer Main - Sept 17 9,033.07 60 Enterprise Fund ADVANCED CONTROL SYSTEMS, LLC 16-0260,SCADA System Upgrades PRV, 9/25/17-9/30/17 1,128.75 60 Enterprise Fund ADVANCED CONTROL SYSTEMS, LLC SCADA Programing & Confirgation 8/25 to 9/30/17 7,493.25 60 Enterprise Fund AME ELECTRIC 17-0275, SCADA System Upgrades, Service Thru 9/30/17 159,657.00 60 Enterprise Fund AMER SOCIETY OF CIVIL ENGINEER ASCE Membership renewal for Warren Stewart 260.00 60 Enterprise Fund AMERICAN TRAILER SALES CO.2018 Mirage Trailer Qty 1 2,395.00 60 Enterprise Fund ANALYTICAL LABORATORIES INC.Water Testing FY2017 Qty 500 8,000.90 60 Enterprise Fund AUTOMATIC RAIN CO DBA HORIZON Spreader for Winter use for Ice Melt Qty 1 290.99 60 Enterprise Fund BHS SPECIALTY CHEMICALS 17-0142 Ferric Chloride 7,958.34 60 Enterprise Fund BOWEN COLLINS & ASSOCIATES, INC 17-0319,SCADA System Upgrades, 9/2-9/30/17 5,294.50 60 Enterprise Fund BOWEN COLLINS & ASSOCIATES, INC 18-0071, Macalle/Autumn Faire Lift Station SCADA - Sept 2017 5,500.00 60 Enterprise Fund BRENT BLAKE Expense Report, B. Blake, Intermountain AWWA Conference, Sun 56.95 60 Enterprise Fund BROWN & CALDWELL 17-0118,WRRF Facility Plan Update FY17,services 8/25-9/30/17 51,461.75 60 Enterprise Fund BROWN & CALDWELL 17-0335,WRRF Headworks Upgrade Exp FY17,service 7/28-8/24/17 45,841.50 60 Enterprise Fund BROWN & CALDWELL 17-0335,WRRF Headworks Upgrade Exp FY17,service 8/25-9/30/17 51,716.10 Date: 10/19/17 02:40:55 PM Page: 10 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund BROWN & CALDWELL 17-0335,WRRF Headworks Upgrade Exp,service 6/13-7/27/17 66,241.82 60 Enterprise Fund CH2M HILL ENGINEERS, INC 17-0368 Programming & integration for new UV upstream 3,524.49 60 Enterprise Fund CITY OF BOISE NPDES Testing 6,234.00 60 Enterprise Fund CITY OF BOISE Pretreatment Lab testing 380.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 16-0153, Well 30, service 9/1-9/30/17 2,508.75 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 16-0256, Five Mile Trunk Relief, Serv Sept 2017 - Final Inv 1,816.20 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 16-0366,ACHD Meridian/Cherry to Ustick,9/1-9/30/17 968.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 17-0023, WRRF Cap Exp FY15, 9/17-9/30/17 1,475.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 17-0040,Water Main Ext,Lake Hazel/Locust, 9/1-9/30/17 1,684.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 17-0065,Water & Sewer Main Rep.,W.Wash, 9/1-9/30/17 363.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 17-0341, WRRF Headworks Upgrades, 9/1-9/30/17 1,700.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 17-0366,ACHD Water/Sewer Rep.Pinet 9/1-9/30/17 3,262.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 17-0378, Sewer Trunk Line Study, 9/1/17-9/30/17 - Final Inv 8,750.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS QLPE Review Black Cat Sewer Trunk, services 9/1-9/30/17 1,700.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS WRRF Headworks Upgrades, 9/1-9/30/17 2,665.00 60 Enterprise Fund COLE INDUSTRIAL, INC.Hand hole gasket & boiler gasket repair kit 834.31 60 Enterprise Fund COMMERCIAL TIRE Replaced Front Brake Pads, Rotors, Calipers on C14312 726.41 60 Enterprise Fund COMMUNITY PLANNING ASSOC FY18 Annual Compass Membership Dues - 1st Quarter 7,223.50 60 Enterprise Fund CONDOC WRRF Headworks,Capacity Exp,Outfall - September 2017 149.97 60 Enterprise Fund CSS GROUP Digline Translore Monthly serve fees 9/1 to 9/30/17 Qty 667 185.00 60 Enterprise Fund D & B SUPPLY Safety Steel Toe Boot J. Magna Qty 1 176.98 60 Enterprise Fund D & B SUPPLY Sweat Shirt J. Rodriquez Qty 1 59.99 60 Enterprise Fund DC ENGINEERING 16-0371 SCADA Changes prep for programming Setup Qty30.5 hrs 2,897.50 60 Enterprise Fund DC ENGINEERING 16-0371, SCADA Support, 6/16/17-7/7/2017 Qty 10hrs 950.00 60 Enterprise Fund DC ENGINEERING 17-0405,Meridian WWTP Elect Dist System,Design as of 9/30/17 3,750.00 60 Enterprise Fund DEBRA MCGUIRE Refund, 1910054702, Wat/Sew/Trash, 3963 E Tahiti Dr, Custome 38.45 60 Enterprise Fund DIGLINE, INC.Digline Monthly Tickets - Sept 2017 - Qty 652 1,113.21 60 Enterprise Fund E C POWER SYSTEMS Repair to Generator @ Well 23, 9/29/17 749.65 Date: 10/19/17 02:40:55 PM Page: 11 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund EVOQUA WATER TECHNOLOGIES, LLC.Lab DI water maintenance agreement for DI rental 666.00 60 Enterprise Fund EWING CO., INC.16-0359, 17-0181, 17-0293, WRRF Centrate Modifications-05/17 68,021.03 60 Enterprise Fund EWING CO., INC.17-0304,WRRF Headworks Capacity Exp FY17,service 8/1-8/31/17 105,601.00 60 Enterprise Fund EWING CO., INC.17-0304,WRRF Headworks Capacity Exp FY17,service 9/1-9/30/17 282,275.00 60 Enterprise Fund EWING CO., INC.18-0018, WRRF Centrate Modification 6/1/17-9/15/17 - Final 18,593.38 60 Enterprise Fund FASTENAL COMPANY Safety Gloves - Qty 49 202.91 60 Enterprise Fund FRED PRYOR SEMINARS Pryor plus membership for Ryan Mason 199.00 60 Enterprise Fund FRED PRYOR SEMINARS Transfer fee of Paul Fischer's membership to Ryan Powers 50.00 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Angle Brooms, Squeeze w handle, Push Brooms Qty 49 852.69 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Cable cutters, screw eye 2pk & 4pc precision pick &25.16 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Cold patch pot hole repair 41.00 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Cub Cadet 3x26 Snowblower Qty 1 2,198.00 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Extension Cord, Hedge Shear, Bolt Cutter, Grinder Qty 16 452.82 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Mixing Container for Hydrant Painting Qty 24 30.72 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Washer cleaner; furniture hole cover, square outlet cover, 65.74 60 Enterprise Fund HOME DEPOT CREDIT SERVICES WheelBarrow, Hedge Shear Qty 3 145.91 60 Enterprise Fund HYDRO LOGIC INC 15-0022,Water Rights Housekeeping, 6/7/17-9/7/17 1,650.00 60 Enterprise Fund HYDRO LOGIC INC 15-0022,Water Rights Housekeeping, 9/30/17 5,060.00 60 Enterprise Fund HYDRO LOGIC INC Well 14 Camera Survey Services 4/11 to 9/30/17 2,585.00 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING B. Arte, Case# 352719, Child Support October 2017 420.00 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING B. Kerr, Case# 344238, Child Support October 2017 405.00 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING N. Howell, Case# 326566, Child Support October 2017 299.00 60 Enterprise Fund IDAHO CONCRETE / IDAHO MATERIALS & CONSTRUCTION Crushed rock for N. Black Cat lift station 1,899.76 60 Enterprise Fund IDAHO POWER 2200136188, Parks Power September 2017 20.00 60 Enterprise Fund IDAHO POWER 2223372661, Water Power - October 2017 2.25 60 Enterprise Fund IDAHO PRESS-TRIBUNE Legal Notice - Invitation to Bid Black Cat Sewer Trunk Ph 5, 38.48 60 Enterprise Fund IDAHO PRESS-TRIBUNE Legal Notice - Invitation to Bid Chery Ln & Baraya PRVs, 9/2 103.02 60 Enterprise Fund INTERNATIONAL CODE COUNCIL ICC membership renewal for David Miles, Member# 5031642 105.00 60 Enterprise Fund INTERSTATE BILLING SERVICE, INC.Exhuast and Brake Repair C13732 2,507.34 Date: 10/19/17 02:40:55 PM Page: 12 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund JACK HENRY & ASSOCIATES INC Bank Fees September 2017 602.54 60 Enterprise Fund JC CONSTRUCTORS INC 17-0146,WRRF Cap Exp FY15,PayApp10 as of 9/30/17 933,682.17 60 Enterprise Fund JUB ENGINEERS 17-0021,Well 22 Water Treatment, 9/3/17-9/30/17 2,524.80 60 Enterprise Fund JUB ENGINEERS 17-0073, On-Call Sewer Support, Services 7/30/17-9/30/17 4,188.10 60 Enterprise Fund JUB ENGINEERS 17-0100, NW 1st St Sewer Improvements, Serv 7/30/17-9/30/17 1,327.50 60 Enterprise Fund JUB ENGINEERS 17-0151,Water main Rep, S. Rose Circle, 9/3-9/30/17 333.80 60 Enterprise Fund JUB ENGINEERS 17-0169,17-0245,Black Cat Trunk Sewer Ph5,as of 9/30/17 35,542.40 60 Enterprise Fund JUB ENGINEERS 17-0225, Black Cat Trunk Sewer Ph5,As of 9/30/17 1,801.60 60 Enterprise Fund JUB ENGINEERS 17-0280, E Washington & Carlton Sewer, Serv 7/30/17-9/30/17 2,207.10 60 Enterprise Fund KELLER ASSOCIATES, INC.17-0372 QLPE Svcs 8/1/17-9/30/17 Hill Century Farm#7-3 sheet 780.00 60 Enterprise Fund KELLER ASSOCIATES, INC.17-0372 QLPE SVCS 8/1/17-9/30/17 NORTHPOINT-1 SHEET 260.00 60 Enterprise Fund KELLER ASSOCIATES, INC.17-0372 QLPE Svcs 8/1/17-9/30/17 Preakness-4 sheets 1,040.00 60 Enterprise Fund KELLER ASSOCIATES, INC.17-0372 QLPE Svcs 8/1/17-9/30/17 Southridge Apts-2 sheets 520.00 60 Enterprise Fund KELLER ASSOCIATES, INC.17-0372 QLPE SVCS-8/1/17-9/30/17 BRINEGER PR.#2-4 SHEETS 1,040.00 60 Enterprise Fund KELLER ASSOCIATES, INC.17-0372 QLPE SVCS-8/1/17-9/30/17 GRAMERCY HGTS#2-3 SHEETS 780.00 60 Enterprise Fund KELLER ASSOCIATES, INC.17-0372 QLPE svcs-8/1/17-9/30/17 Willey Bldg#2-2 sheets 520.00 60 Enterprise Fund KELLY & BYRON WIMMER Refund, 0748180203, Wat/Sew/Trash, 2470 E Garber Dr, Custome 30.63 60 Enterprise Fund L2 EXCAVATION, LLC.17-0328,Collections Equip Facility,as of 9/30/17 52,605.53 60 Enterprise Fund LAWN CO MAINTENANCE 17-0249, price code 2/landscape maint contract 10/2017 2,705.75 60 Enterprise Fund LES SCHWAB TIRE CENTER Labor & parts to replace & tires shocks on Collections 1,551.43 60 Enterprise Fund LITHIA FORD LINCOLN OF BOISE Labor & parts to repair broken injector connector & engine 3,303.45 60 Enterprise Fund MINUTEMAN, INC.Keys for South Black Cat lift station 184.65 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Fire Hose Fitting Qty 2 260.97 60 Enterprise Fund MOUNTAIN WATERWORKS, INC 17-0218,WRRF Boise River Outfall Upgrades, as of 9/22/17 1,420.00 60 Enterprise Fund MOUNTAIN WATERWORKS, INC 17-0317,Meridian WRRF Filter and Drain Eval,9/22/17 9,483.25 Date: 10/19/17 02:40:55 PM Page: 13 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund MOUNTAIN WATERWORKS, INC Professional services for WRRF Digester Cleaning Work Plan 1,240.00 60 Enterprise Fund MURRAYSMITH INC 15-0484 Water Facitlity Planning Qty 12.5 hrs, Thru 5/31/17 2,070.50 60 Enterprise Fund MURRAYSMITH INC 17-0353,Infiltration & Inflow Monitoring, as of 8/31/17 2,491.39 60 Enterprise Fund NAPA AUTO PARTS 8pc starbit set 20.98 60 Enterprise Fund NAPA AUTO PARTS Brake cleaner for motors 47.76 60 Enterprise Fund NAPA AUTO PARTS Washer fluid, class cleaner, rags for PW Inspectors vehicles 28.93 60 Enterprise Fund NELSON, GARRICK Expense Report, G. Nelson, Intermountain AWWA Conference, Su 56.95 60 Enterprise Fund OFFICE DEPOT, INC.Binder Clips - Qty 1 Pk 4.19 60 Enterprise Fund OFFICE DEPOT, INC.Cash Register Receipt Paper - Qty 1Pk of 50 177.99 60 Enterprise Fund OFFICE DEPOT, INC.Certificate paper - Qty 1 Pk 5.03 60 Enterprise Fund OFFICE DEPOT, INC.Copy Paper - Qty 4 Cases 119.96 60 Enterprise Fund OFFICE DEPOT, INC.Credit for returned mouse, See Orig Inv# 969267339001 (14.28) 60 Enterprise Fund OFFICE DEPOT, INC.Mouse - Qty 1 18.56 60 Enterprise Fund OFFICE DEPOT, INC.Pens, markers, clips, tape dispenser, arrows, mouse-qty 12 58.13 60 Enterprise Fund OFFICE DEPOT, INC.Tabs - Qty 1 Pk 3.22 60 Enterprise Fund OFFICE VALUE - MERIDIAN Dry erase markers, pens, clorox wipes and hand 82.43 60 Enterprise Fund OFFICE VALUE - MERIDIAN Replacement Desk labor for Install 715.90 60 Enterprise Fund OFFICE VALUE - MERIDIAN Replacement Desks from Water Damage Claim Qty 2 1,975.98 60 Enterprise Fund OLYMPUS TECHNOLOGIES, INC.Mixer cartridge 6,785.00 60 Enterprise Fund OXARC, INC.17-0057, Sodium Hypochlorite - Qty 1553gl 2,573.39 60 Enterprise Fund OXARC, INC.17-0057, Sodium Hypochlorite - Qty 2241gl - Final Invoice 3,694.83 60 Enterprise Fund OXARC, INC.17-0057, Sodium Hypochlorite - Qty 580gl 987.40 60 Enterprise Fund POLYDYNE INC 18-0025 Polymer 28,980.00 60 Enterprise Fund PRIMEPAY, LLC.City of Meridian Oct 2017 Payroll FSA Deductions 5,669.32 60 Enterprise Fund RED WING SHOES Safety Boots for J. Magana & S. Pehrson - Qty 2 369.99 60 Enterprise Fund RESERVE ACCOUNT POSTAGE USE, September 2017 184.24 60 Enterprise Fund RICOH USA, INC C86101407, PW copier lease Oct 2017, copies Sept 2017 418.11 60 Enterprise Fund RICOH USA, INC C86101421, Envir copier lease Oct 2017, Copies Sept 2017 282.55 60 Enterprise Fund RICOH USA, INC E174M911988, Copier Lease 10/17 & Additional Copies 9/17 331.46 Date: 10/19/17 02:40:55 PM Page: 14 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund RICOH USA, INC E205M560104, Copier Lease 10/17 & Additional Copies 9/17 99.41 60 Enterprise Fund SCHINDLER ELEVATOR CORP Elevator maintenance service agreement for Admin & Lab 4,220.76 60 Enterprise Fund SIMPLEX GRINNELL 18-0033, Nov '17 monthly fire alarm monitoring all locations 105.95 60 Enterprise Fund SPECIALTY CONSTRUCTION SUPPLY Mobilization & supplies for manhole N12-581 & O12-285 196.25 60 Enterprise Fund SPECIALTY CONSTRUCTION SUPPLY Rental of Traffic sings Eagle Rd Valve Collar Repair Qty 16 182.25 60 Enterprise Fund SPF WATER ENGINEERING, LLC 15-0371,Source Water Protection Rights App, 9/1-9/30/17 91.00 60 Enterprise Fund SPF WATER ENGINEERING, LLC 17-0316,Well 29 Pumping facility design,service 9/1-9/30/17 2,052.50 60 Enterprise Fund STAR CONSTRUCTION, LLC 17-0323,Well 29, services as of 9/28/17 171,003.61 60 Enterprise Fund SULLIVAN REBERGER 17-0008, Lobbying fees September 2017 4,000.00 60 Enterprise Fund SUNROC CORPORATION 17-0324,Black Cat Trunk Sewer Ph5, service as of 9/30/17 16,603.68 60 Enterprise Fund SUNROC CORPORATION Sand Mortar & Road Base Qty97.9yds 1,481.16 60 Enterprise Fund SYNCB/AMAZON Charging cables for Inspectors iPhones - Qty 2 27.72 60 Enterprise Fund SYNCB/AMAZON Panel Tower Space Heater Qty 1 59.95 60 Enterprise Fund SYNCB/AMAZON Post it Notes, Hand Sanitizer & Lysol Wipes - Qty 5 55.00 60 Enterprise Fund SYNCB/AMAZON Scotch Tape Qty 1 Pkg of 4-Pack 28.99 60 Enterprise Fund SYNCB/AMAZON XL EMT medic trauma bag 169.20 60 Enterprise Fund T-ZERS SHIRT SHOP Embroidered logo on Ryan Mason's hi-vis shirts & jacket 52.50 60 Enterprise Fund T-ZERS SHIRT SHOP Hats & beanies for Ryan Mason & Orion Valentine 72.00 60 Enterprise Fund THE UPS STORE Shipping camera to Cues for repairs 407.68 60 Enterprise Fund WHITEACRE DEVELOPMENT CORP Refund, Cedar Springs Sub #1 - Elsinore Way Crossing, Releas 2,980.00 60 Enterprise Fund XYLEM WATER SOLUTIONS USA, INC Parts to rebuild spare mixer, aeration basins 73.34 Total 60 Enterprise Fund 2,296,194.07 Report Total 2,968,711.33 Date: 10/19/17 02:40:55 PM Page: 15 Meridian City Council Meeting DATE: October 24, 2017 ITEM NUMBER: 6Y PROJECT NUMBER: ITEM TITLE: Advanced Systems Group Amended onto agenda: Approval of PO # 18-0088 to Advanced Systems Group for SAN Replacement Equipment for a Not -to -Exceed Amount of $321,000.00 MEETING NOTES RM uy APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Gitrr of Meridian Purchasing Dept. Memo To: C. Jay Coles, City Clerk From: Keith Watts, Purchasing Manager CC; Dave Trede Dalez 1012312017 Re: October 24h City Council Meeting Agenda ltem The Purchasing Department respectfully requests that the following item be placed on the October 24h City Council Consent Agenda for Council's consideration. Approval of Purchase Order 18-0088 to Advanced Systems Group for SAN ac€ment ent for a NolTo-Exceed amount of 000 Recommended Council Action: Approval of PO# 18{088 to Advanced Systems Group for SAN replacement equipment for the Not-To-Exceed amount of $321,000 and authorize the Purchasing Manger to sign the PO. This purchase is utilizing the Federal GSA Contract #GS.35F{119Y. Thank you for your consideration. 1 a Page 1 E IDIAN Purchase Order 10t20t2017 18-0088 Attention: David Teide Billing Address: Attn: Finance 33 E Broadway Ave Nleridian, lD 83642 CITY OF MERIDIAN 33 EAST BROADWAY AVE. MERIDIAN, ID 83642 (208) 888-4.133 Vendor Address: ADVANCED SYSTEMS GROUP 12405 GRANT STREET THORNTON. CO 80241 Shipping Address: City of Nleridian lT Department 33 East Broadway, Ste. 304 N,leridian. lD 83642 Shipping Method: FOB: Contractor Destination Pre-Paid Description Unit Quantity Unit Price Total Nutanix San and related equipment & license Dollar 321000.00 1 .00 321,000.00 Purchase Order Total $321.000.00 Purchasing Manager: Special lnstructions San Replacement per GSA Contract # GS-35F-0119Y and written quote #QUO-82139-J 1X6J7 by Advanced Systems Group/Sara Kajkowski dated 101912017 . Not-To-Exceed $321 ,000.00 01-1510-94350 Case #58170 PO Approved by Council 101241?017 IDAHO o[Jo-82'r 39-J1X6J7 QUOTATION Confidential - for ASG customer use only AoYaxceo Svsrurrs Gnoup O€TVEi PHOENIX SdDIEGO SALTTAXE'ITY SOISE O(TAHOMACIIY Corporate Oftice: l2lO5 Grant St. Thornton, CO 80241 Dave Tiede CITY OF MERIDIAN (208) 489-0496 dtiede@meridiancity.org Nutanix 5-Node Primary Cluster - 2 Years Support GSA Scheduls No: G$35F-0119Y Page I ol 2 PO Fax #: 466-572-5273 Prepared By: Email: Office Mobile Julia Hale ihale@virtual.com (303) 301.3050 Acmunt Manager: Email: Office Mobile Phone: QUO-82139.J1X6J7 ,| 10t9t2017 1013112017 Prod. Oescription t.Jnit NetI@EIilE1 422-NX-61 55-G5-34640 Nutanix Hardware Platfo' NX-61ssNutanix Soflware* Foundation - Hypervisor Agnostic lnstaller. Controller VM' Prism Starter Management' Acropolis Starter License EnNutanix - NX-6155-G5-34640 2 422-C-CPU-268Oy4 ocessor 2.4GHz 14-core Broadwell E5-680 v4 35M CacheNutanix - C-CPU-268 4 3 422-C-MEM-32GB- 32GB Memory Module Nutanix - C-MEM-32G8- DDR4-2400 DDR4-2400 4 422-C-SSD-1920G8-3.5- 1.92T8 3.5" SSDNutanix - C-SSD-1920GB-3.5-C 5 422-C-HDD-6TB-3.5 6T8 3.5" HDDNutanix - C-HDD-6TB-3.5 6 422-C-N|C-10G-2-Sl 10GbE Dual SFP+ Network AdapterNutanix - C- Nlc-'10G-2-St 7 422-S-PRO-6155-G5- 2YR Production System support for NulanixNx- 2YR 6155-G5Nutanix - S-PRO-6155-G$2YR 8 422-L-PRO-6155-G5 License, PRO entitlement for NX-6155-G5 ;Valid for life of deviceNutanix - L-PRO-6155-G5 9 422-C-CBL-NONE No Cable.Nutanix - C-CBL-NONE 10 422-CNS-INST-1-NC OFFERING: Nutanix cluster deployment, per nodebasis.DELlVERED BY: Nutanix GSOPRICED: Per Node.Nutanix - CNS-INST-1-NC 11 422-CNS-T&E-NC Time and Expense (T&E). Priced per T&E unit.Estimate of unit count by project location andduration.NOTE: Please work with GSO to size the T&E cost.Nutanix - CNS-T&E-NC Nutanix Hardware Platfo' NX-61 55Nutanix Software' Foundation - Hypervisor Agnostic lnstaller* Controller VM' Prism Starter Management* Acropolis Starter License EnNutanix - NX-6155-G5-34640 ocessor 2.4GHz 14-core Broadwell E5-680 v4 35M CacheNutanix - C-CPU-268 4 32GB Memory Module Nutanix - C-MEM-32GB- DDR4-2400 6T8 3.5" HDDNutanix - C-HDD-6TB-3.5 12 422-NX-6155-G5-34640 13 422-C-CPU-2680V4 5 $29,210.00 146.050.00 5 5 '10 40 '10 50 5 ,| 5 6 24 30 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 36,800.00 2,530.00 0.00 '1,640.00 29.210.00 0.00 0.00 0.00 0.00 0.00 36,800.00 12,650.00 0.00 8,200.00 0.00 87.630.003 14 422-C-MEM-32G8- DDR4-2400 15 422-C-HDD-6TB-3.5 To: Account: Phone: Email: Project: Sara Kajkowski SKaikowski@virtual.com (208) 333.7021 (208) 860-s595 Quote #; Version: Date: Expires On: 0.00 Send POs to orders@virtual.com. Price excludes tax/inyfreight. ASG Terms apply to all purchases resulting from this quote unless ASG has previously negotiated terms. Per manuf policy products cannot be cancelled or retumed. www.virtual.com/lerms QUO-82139-J 1X6J7 QUOTATION Confidential - fo( ASG customer use only Product Number Prod. Description Qtv Unit Net Line TotalII 16 422-C-SSD-1920GB-3.5- 1.92T8 3.5" SSDNutanix - C-SSD-1920G8-3.5-C 17 422-C-N|C-10G-2-Sl 1ocbE Dual SFP+ Network AdapterNutanix - C- Nlc-10G_2_St '18 422S-PRD-6155-G5- 2YR Production System support for Nutanix NX-2YR 6'155-G5 Nutanix - S-PRD-6155-G5-2YR 19 422-L-PRO-6155-G5 License, PRO entitlement for NX-6155-c5 :Vatid for life of deviceNutanix - L-PRO-6155-c5 6 3 1 3 0.00 0.00 22,080.00 2,530.00 0.00 0.00 22,O80.O0 7,590.00 20 422-C-CBL-NONE 21 422-CNS-tNST-1-NC No Cable.Nutanix - C-CBL-NONE OFFERING; Nutanix cluster deployment, per nodebasis.DELlVERED BY: Nutanix GSOPRICED Per Node.Nutanix - CNS-INST-1-NC Time and Expense (T&E). Priced per T&E unit.Estimate of unit count by project location andduration. NOTE: Please work with GSO to size the T&E cost.Nutanix - CNS-T&E-NC Support Term Two Years \rvhen renewed, prices will be at Nutanix then current rate, which rate shall not exceed the price quoted herein, increased by an amount equal to 5%as of the date Nutanix issues such quote for said support renewal." 3 3 0.00 0.00 22 422-CNS-T&E-NC 0.00 Subtotal $321,000.00 Total $32r,000.00 ASG Solution Partners Oracle - Gold Hitachi Oata Systems - Platinum Partner NetApp - Slar partner Clsco - premier HP - Gold VMware - Premier Partner Dell.EMC - Titanium Pa(ner Check Point - 3 Star Partner Symantec - Silver Nutanix - Elite Brocade - Alliance Quantum - Premier lsilon Spectralogic ClLogic Veeam Nimble Storage ExtraHop Riverbed Commvault F5 Red Hat Send POs to orders@virtual.com. Price excludes tax/inyfreight. ASG Terms apply to all purchases resulting from this quote unless ASG has previously negotiated terms. Per manuf policy products cannot be cancelled or returned. wlr /v.virtual.com/terms Page 2 of 2 0.00 0.00 1 0.00 Aovanceo Svsrrms Gnoup !2405 GRANT STREET THORT{TON, CO 80241 303.301.3000 FAX 866.572.5265 WWW.VIRTUAL,COT MASTER TERMS & CONDITIONS This Master Terms & Conditions Agreement ("Agreement") is made as of the date of the date of this Contract (the "Effective Date") and is between Virtual Enterprises, lnc. d/b/a Advanced Systems Group ("ASG"X"Selle/'), located at 12405 Grant Street, Thornton, Colorado,80241, and at Now therefore, ln consideration of the mutual covenants ("Buye/') located and obligations contained herein, the parties agree as follows 1. DEFINITIONS: (a) "Acceptance" means the Buyer's acknowledgment that Products, Software, Services, and Monthly Recurring Services procured and delivered hereunder conform to the requirements of the Purchase Order, Purchase Agreement and/or Monthly Recurring Services Contract. (b) "Agreement" means this written contract between Seller and 8uyer, together with any attachments, exhibits, or amendments to this Agreement. (c) "Delivery" means partial or full receipt of Product and/or Software at the location specifled by the Buyer in the Purchase Order, Purchase Agreement, Statement of Work (SOW) or Monthly Recurring Services Contract. (d) "End User" means the Buyerwhowill enterintoan End User Agreement as partof theMonthly Recurring Services Contract. (e) "End User Agreement" means the agreement associated with the Monthly Recurring Services that Provider enters into with Buyer which describes the terms and conditions of the Monthly Recurring Services, including any service level agreement. (f) "Manufacturer Warranty" means the warranty against defective parts and workmanship for the period equal to the warranty period specified by the Product and/or Software manufacturer. The Manufacturer's Warranty is the ONLY warranty provided to Buyer for Product and/or Software under this Agreement. (g) "Monthly Recurring Services" means the infrastructure as a service (laas), software as a service (SaaS), and/or platform as a services (PaaS) Products and Services of which Seller is a reseller; (h) "Monthly Recurring Services Contract" means the written or electronic document which stipulates the Buyer's specific purchase instructions for Monthly Recurring Services including but not limited to the Provider, purchase quantity, description, price, and the speciflc shipping and billing instructions. (i) "Products" means the technological hardware, goods, supplies, articles, items, parts, components, assemblies, and the incidental associated Software offered for sale to the Buyer. (j) "Provider" means the lT service infrastructure entity which operates and manages the Monthly Recurring Services and to whom End User enters into an End User Agreement with, including any service level agreement. (k) "Purchase Orde/' means the written or electronic document which stipulates the Buyer's specific purchase instructions, including but not limited to purchase quantity, description, price, and the specific shipping and billing instructions. (l) "Purchase Agreement" means the written or electronic document executed by the Buyer (Seller will provide form) to replace the Purchase Order in the event that the Buyer does not issue Purchase Orders in the ordinary course of business. BOISE BOU STOt'l LOS AII GE LE S SAN OI EGO SEATT LE v-415116 2 Aovarceo Svsrrus Gnoup CONTROLLING AGREEMENT: All agreements made between the parties, whether written or oral, shall be performed under, governed by, and deemed to be made a part ol the terms and conditions of this Agreement. lf applicable, the terms of the End User Agreement (including any service level agreement) with Provider are deemed to be part of this Agreement. Unless otherwise specifled in writing, if there is any inconsistency between the terms of this Agreement and any other agreement between the parties, the terms of this Agreement shall control. AGREEMENT OF SALE: Upon receipt of a Pu rchase Order and/or Monthly Recurring Services Contract executed by the Buyer's authorized agent or legal representative and subject to credit approval, Seller shall agree to deliver and/or install System to the location(s) specified by the Buyer. lf the Buyer does not submit Purchase Order and/or Monthly Recurring Services Contract in the ordinary course of business, Seller will require Buyer to complete a Purchase Agreement form and/or Monthly Recurring Services Contract available from Seller. 4. CONDITIONS OF SALE: All sales pursuant to this Agreement shall be subject to credit approval by the Seller 5. TERMS OF PAYMENT & CREDIT: ln the event that Seller approves credit application, the Buyer agrees to the credit payment policy term of net 30 days from invoice date and receipt of equipment. Seller accepts payment only in U.s. Dollars by check, ACH or wire. Buyers that do not receive credit approval from Seller are subject to the cash payment policy that requires 50% deposit or full payment of purchase price PRIOR TO PLACEMENT OF PURCHASE ORDER AND/OR MONTHLY RECURRING SERVICES CONTRACT depending on the financial condition of the Buyer. Euyer must provide written notification to Seller of its intention to contract with third party funding source PRIOR TO PLACEMENT OF PURCHASE ORDER and/or Monthly Recurring Services Contract. Seller agrees to expedite requests for sales documentation by third party funding source. lf the Buyer's third party funding commitment is cancelled or terminated for any reason before Seller receives full payment, the Buyer shall immediately make payment to Seller for unpaid balance of the invoice and any amounts due Seller hereunder. It is the Buyer's responsibility to promptly execute all documents and take all other actions necessary to cause payment to Seller from the Buyer's third party funding source in accordance with the terms of this Agreement. 5. DEIIVERIES: All stated delivery and installation dates are approximate and subject to product availability and third party shippinB deadlines. sellershall immediately notify Buyer ofany anticipated delivery or installation 3 v-4/5/16 Page 2 of 6 (m) "RMA Number" means the return merchandise authorization number issued by the Seller in response to Buyer's request for return Product approval. (n) "Sales Quote" means the written or electronic document that stipulates quantity, description and price for Products, Software and/or Services offered for sale to Buyer. (o) "Security Agreement" means the legal document that provides collateral security for the indebtedness of the Buyer (Debtor)to the Seller (Secured Party). (p) "services" means the consulting, design, labor or installation work performed by seller employees, subcontractors, authorized agent(s) or Monthly Recurring Services Providers. (q) "Software" means computer programs and the related documentation including, without limitation, all versions, updates, enhancements, and corrections, together with operating instructions, user manuals, training materials and other written documentation. Softwa re does not include sou rce code or proprieta ry design documentation unless otherwise agreed to in writing by the parties. (r) "SOW" means the written or electronic document that stipulates the scope and timing of Services to be performed with or without the sale of Product and/or software. The Buyer is requ ired to execute the SOW prior to engagement of professional service personnel. (s) "system" means all Products, software and services procured by the Buyer as specified in the Sales Quote and/or SOW. Aovaxceo Svsreus GRoup www.vittuol,on delays. However, Seller shall not be deemed to be in defa ult hereu nder or be lia ble for consequential, incidenta I or special damages, or commercial loss resulting from delays in delivery, installation, or services beyond the control of Seller. Buyer selects the following shipping terms: FOB Destination Prepaid and Allowed, meaning seller pays and bears freight charges and owns the goods while they are in transit. Title passes at the buyer's location. Seller is responsible for loss or damage subsequent to delivery at destination. 8. CANCELTATION: Requests for cancellation of an order will be in strict accordance with the Manufacturer's policy and/or End User Agreement with Provider. 10. tlMlTED WARRANTIES: Seller warrants the System against defective parts and workmanship for a period equal tothewarranty period(s)for each component ofthe System as provided bythe Manufacturer Warranty. Seller's sole obligation under this warranty and the sole and exclusive remedy of the Euyer under this warranty is limited to the replacement or repair, at Seller's or the manufacturer's options, of the defective part(s) or workmanship, and is conditioned upon the System not having been altered or repaired by anyone other than Seller, its employees, or agents. Seller shall not be responsible for any defect resulting from the mishandling, abuse, improper storage, accident, negligence, theft, vandalism, fire, water, forces of nature, or other peril beyond the control of Seller or because of conditions outside of specifications, including but not limited to wiring, electrical power, temperature, humidity or dust; or by cause other than normal use; or due to improper installation by someone other than Seller, its employees, or agents. Seller shall perform all Services in a good, workman-like manner in accordance with the standards of the computer industry. Except for the foregoing warranty, no other warranties, written or oral, statutory, express or implied, lncluding merchantability or fitness for a particular purpose, shall apply to the System. 11. WARRANW FOR MONTHTY RECURRING SERVICES. Seller does not guarantee that the Monthly Recurring services will be performed error-free or uninterrupted or that Provider will correct all Monthly Recurring Service errors. End User acknowledges that Seller does not control the transfer of data over communications facilities, including the lnternet, and that the Monthly Recurring Services may be sub.iect to limitations, delays and other problems inherent in the use ofsuch communications facilities. Seller is not responsible for a ny delays, delivery failures or other damage resulting from such problems. End User understands and agrees that Seller does not provide any guaranty or warranty with regard to the Monthly Recurring Services. End Users sole remedy is limited to the warranty provided by the Provider as described in the End User Agreement. Seller disclaims any warranties of merchantability, fitness for any particular purpose and non-infringement relating to the Monthly Recurring Services and the End User Agreement. v-4l5ll6 Page 3 of6 7. ACCEPTANCE AND RETURN POLICY: Buyer is responsible for inspecting System and reporting any defective or damaged Product and/or Software to the Seller in writing within 7 business days of delivery. Buyer's sole remedy is that Seller will replace defective or damaged Product or Software in accordance with the Manufacturer's warranty. Unless Buyer receives prior written approval from Seller, the Seller will not accept Product and/or Software for return credit or refund. Requests for product returns or exchanges will be in strict accordance with the Manufacturer's policy. 9. NOTICES: All notices required or permitted to be given under this Agreement may be given by either party to the other by depositing written notice in the United States Mail with registered postage prepaid, or by fax or email. Unless changed by written notice, such notices shall be directed to the Seller's and Buyer's corporate address noted at the top of this Agreement. Aovaxceo Svsreus Gnoup vJvw,tituol.con 12. INDEMNIW. Buyer will indemnify Seller (including its officers, shareholders and employees) from and against any claims, demands, penalties, fines, suits, judgments, losses, expenses, including reasonable attorneys'fees and court costs, arising out of or related to any breach of this Agreement by Buyer, Buyer's use of the Monthly Recurring Services, any information or content contained within the Monthly Recurring Services, the infringement of any intellectual property rights, or any damages that result from the Euyer acts or omissions. Buyer's indemnity is subject to the limits of ldaho Law. 14. DEFAUTT: lf Buyer sha ll fail to make payment of a ny sum owing to Seller hereunder when due, then, in addition to all other remedies available to Seller by law or under other provisions of this Agreement and not in limitation thereof, Seller may, until said sum is paid in full,; cease maintaining or installing the System; cease performing warranty service without extending the warranty period; cease performance of any other obligation undertaken in this agreement or any related agreement with Buyer; and repossess the System with or without court proceeding as allowed under the law. ln the case of default under the Monthly Recurring Services Contract, End User Agreement shall control. It is expressly agreed and understood that in no event shall the aggregate interest charges under the provisions of this paragraph exceed the maximum rate of interest, which could be charged under applicable law. Should either party institute legal action to enforce its right under this Agreement, the prevailing party in such action shall be entitled to recover reasonable attorneys'fees in the amount allowed by the court. 15. MONTHTY RECURRING SERVICES BlLLlNG. End User acknowledges that Monthly Recurring Services may be billed in advance for the monthly or prepaid charges based on the subscription services purchased. Any metered usage components and other subscriptions, features, products, services or add-ons, if applicable, may be billed in arrears. End User is aware that Monthly Recurring Services may cause their monthly billing amount to fluctuate and/or result in multiple invoices. lf the fees charged by Monthly Recurring Services Provider increase, Buyer's fees may increase. All fees due are non-cancelable and the sums paid nonrefundable. End User acknowledges that Provider may suspend its Monthly Recurring Services as may be described in the End User Agreement and that End User may not have access to any electronic files, materials, data, text, audio, video, images or other content transmitted, stored, retrieved or processed by End User during a suspension of the Monthiy Recurring Services by Provider. End User is responsible for maintaining current and reliable backups of stored files. ASG has no obligation to help recover files. Fees for Monthly Recurring Services will continue to be charged during a suspension and fee(s) may be charged for reinstatement of suspended Monthly Recurring Services. v-4l5ll6 Page 4 of6 13. TIMITATION OF TIABITITY: EXCEPT FOR TIABITITY UNDER A CTAIM SUBJECTTO INDEMNIFICATION HEREUNDER OR FOR A PARW.S GROSS NEGTIGENCE OR WITTFUT MISCONDUCT, IN NO EVENT SHATL: (1) EITHER PARTY BE TIAEIE FOR ANY CONSEQUENTIAL INCIDENTAT, PUNITIVE, SPECIAI. EXEMPTARY OR INDIRECI DAMAGES (tNctuDtNG tosT PRoFtTs, sAvl]'tcs oR REVENUE), A SERVTCE ORDER OR THE PERFORMAI{CE OR BREACH THEREOF, EVEN IF SUCH PARTY WAS ADVISED OF THE POSSIBITIW OF THE OCCURRENCE OF SUCH DAMAGES; OR (2} EITHER PARW'S LIABItIW HEREUNDER EXCEED AN AMOUNT EQUAT TO THE TOTAT AMOUNT PAID TO SETTER HEREUNDER FOR PRODUCT, SOFTWARE AND/OR SERVICES THAT ARE THE SUBJECT OF THE CTAIM DURING THE 12 MONTHS PRIOR TO THE OCCURRENCE OF THE EVENTS GIVING RISE TO THE CLAIM. 15. FORCE MAJEURE: The obligations of Seller hereunder shall be suspended to the extent and for the period of time that it is rendered or prevented from performing because of labor disturbances, strikes and lockouts, forces of nature, fires, storms, water, unreasonable delays in transportation, governmental action, failure of suppliers, and or any other cause beyond Seller's control. ADVANCED SYSTEms GROUP wwmvlrtuotcom 17. BUYER TO PROVIDE: Buyer shall, as specified by Seller, provide appropriate environmental conditions, necessary commercial power and facilities for the System, access to the premises, remote access trunk, and if required local law, conduit. Buyer shall pay all utilities charges. 18. REPRESENTATION OF BUYER: Buyer warrants and represents that Buyer has been duly authorized by all necessary corporate procedures or other action of Buyer, and that Buyer's execution of this Agreement is authorized, will not violate any provision or law of its Articles of Incorporation or Bylaws, or result in the breach of any agreement to which Buyer is a party, including that the customer is the end-user of products as required by Seller's vendor agreements. 19. TERM: This Agreement shall commence on the Effective Date and shall remain in effect for a period of one year unless sooner terminated as allowed herein. 20. TERMINATION: Either party may terminate this Agreement without cause by providing the other party with 30 days prior written notice. Termination for Monthly Recurring Services shall be as described in the End User Agreement. Buyer shall be charged for all fees incurred with Monthly Recurring Services Provider and acknowledges that this Contract is open-ended with regard to Monthly Recurring Services Provider fees. If the Buyer fails to comply with any provision of this Agreement or to make payments in accordance with this Agreement, the Seller may, at its option, defer further shipments or, without waiving any other rights it may have, terminate this Agreement; provided, however, that the Buyer shall be obligated to pay all amounts owed to Seller for Systems shipped prior to termination of this Agreement. 21. GENERAL: Sales Quotes are good for thirty (30) days and are subject to immediate revision if/when vendor's list prices and/or Providers prices increase. This contract contains the entire agreement between Seller and the Buyer and supersedes any prior or contemporaneous oral or written agreements or communications between them relating to the subject matter hereof. This contract may not be assigned, modified or cancelled without Seller's prior written consent, and any attempt to assign, modify or cancel it without such consent shall be absolutely void. In the event any of the provisions herein shall for any reason be held void or unenforceable, the remaining provisions shall remain in full force and effect and shall control. The laws of the State of Colorado, excluding choice of law rules, will govern any action related to this Agreement. Price excludes sales tax. By placing a Purchase Order and/or Monthly Recurring Services, Buyer accepts ASG's terms and conditions as reflected here. Bu er Si n ure: Seller Signature: (Si ned authori rep s ntative) Signature Signature IQ, �-17'1 g t kd Printed Name Printed Name COL)Al- Title v-4/5/16 Title Advanced Systems Group ("ASG") Page 5 of 6 Company Name Aoverceo Svsrerrs Gnoup www.vituol.aon DateDate Return completed application to: Advanced Systems Group, Credit Department accountsreceivable@virtual.com 12405 Grant Street, Thornton, CO 80241 Phone (303) 301-3000 Fax (866) 572-5266 v-4/5/16 Page 6 of6 Meridian City Council Meeting DATE: October 24, 2017 ITEM NUMBER: $A PROJECT NUMBER: ITEM TITLE: Community Health Presentation by Blue Cross 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 24, 2017 ITEM NUMBER: 9A PROJECT NUMBER: H-2017-0133 ITEM TITLE: Bainbridge Hess Subdivision No.1 Final Plat for Bainbridge Hess Subdivision No.1 (H-2017-0133) by Brighton Investments LLC located approximately 'Amile south of W. Chinden Blvd. and east of N. Blackcat Rd. 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 24, 2017 ITEM NUMBER: 9B PROJECT NUMBER: H-2017-0135 ITEM TITLE: Castlebridge Subdivision Final Plat for Castlebridge Subdivision (fka Kingsbridge) (H-2017- 0135) by Jarrod Langston located at 3475 E. Falcon Drive 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 24, 2017 ITEM NUMBER: 8B PROJECT NUMBER: ITEM TITLE: Historic Preservation Commission Update Ordinance No. 1-7- i -?S �- : An Ordinance Amending Title 2, Chapter 3, Section 5, Meridian City Code, Regarding Meeting Days and Times of The Historic Preservation Commission; Providing for a Waiver of the Reading Rules; and Providing an Effective Date. MEETING NOTES 21 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. 1-7-17 l BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, LITTLE-ROBERTS, MILAM, PALMER AN ORDINANCE AMENDING TITLE 2, CHAPTER 3, SECTION 5, MERIDIAN CITY CODE, REGARDING MEETING DAYS AND TIMES OF THE HISTORIC PRESERVATION COMMISSION; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council did establish meeting days and times of the Historic Preservation Commission; and WHEREAS, the Commission has found challenges in the current days and times to complete their business in an efficient and expedient manner due to the meeting following a different commission meeting; and WHEREAS, the Commission feels that changing the day and the time of the meetings will bring greater efficiency and expediency to the business of the Commission; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 2, Chapter 3, Section 5, Meridian City Code is hereby amended to read as follows: 2-3-5: MEETINGS: The historic preservation commission shall convene regular meetings at Meridian City Hall, 33 East Broadway, Meridian, Idaho, each month at five thirty eleek (5;30) four thirty o'clock (4:30) P.M. on the seeand fourth Thursday of each month unless, at the first meeting of each calendar year, the commission shall establish a meeting schedule for the calendar year in which event the published schedule shall apply. The commission shall keep appropriate written records of its resolutions, proceedings, and actions. The commission shall allow and promote public participation in the meetings of the commission. Additional meetings of the commission may be scheduled by the commission as necessary to carry out the business of the commission. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of 06 tv 6e,41- 92017. of APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this a�� day ©G t) Ge/Y , 2017. 00to � 2 City of w ATTEST• �E IDIAN�- �oa►+o SEAL CW16c Pves;ldeti+ Historic Preservation Commission Change of Meeting Days and Time NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 17-1752 An Ordinance of the City of Meridian Amending Title 2, Chapter 3, Section 5, Meridian City Code, Regarding Meeting Days and Times of the Historic Preservation Commission; Providing for a Waiver of the Reading Rules; and Providing an Effective Date. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective upon the passage and publication. 0jVXf9D AV Cite of Merl an E IDIAN Mayor and Ci Council DA" By: C.Jay Coles, City Cleric Std First Reading: lol aLl/ ,)-21 Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES_aY _ NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 17-1752 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 17-1752 of the City of Meridian, Idaho, and has found the same to be title and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this 2-6 day of October, 2017. f jo, 4 V1/)- *111liam. L.M. Nary City Attorney ORDINANCE AMENDING TITLE 2, CHAPTER 3, SECTION 5, HPC MEETING TIMES - SUMMARY City CouncilMeeting October 24, 2017 Item #9C: Aegean Estates Vicinity/Zoning Map Preliminary Plat (REVISED) Landscape Plan (Revised) Conceptual Elevations (Photos) Item #9D: TM Creek Apartments Zoning Map Original & Proposed Conceptual Development Plans Original Concept Plan (dated: 1/14/2014) Proposed Concept Plan Site Plan Landscape Plan Open Space Exhibit Conceptual Building Elevations Item #9E: Madden Subdivision - Preliminary Plat Final Plat Landscape Plan Item #9F: Pond Subdivision - Preliminary Plat Landscape Plan Conceptual Elevations Meridian City Council Meeting DATE: October 24, 2017 ITEM NUMBER: 9C PROJECT NUMBER: H-2017-0114 ITEM TITLE: Aegean Estates Public Hearing for Aegean Estates (H-2017-0114) by Premier Investments, LLC located East of N. McDermott Road and South of W. McMillan Road 1. Request: Annexation and Zoning of 65.3 acres of land with the R- 4 (25.79 acres) and R-8 (3.76 acres) zoning districts 2. Preliminary plat consisting of 215 single-family residential building lots and 22 common lots on 62.7 acres of land in the R-4 and R-8 zoning districts MEETING NOTES t 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 -IN SHEET Date: October 24, 2017 Item # Project Number: H-2017-0114 Project Name: Aegean Estates 9C Please print your name For Against Neutral Do you wish to testify (YIN) Meridian City Council Meeting DATE: October 24, 2017 ITEM NUMBER: 9D PROJECT NUMBER: H-2017-0124 ITEM TITLE: TM Creek Apartments Hublic Hearing Tor I M Creekpar men s - - y Brighton, LLC generally located South of W. Franklin Road and East of S. Ten Mile Road 1. Request: amendment to the development agreement to change the development plan for an 8.16 acre portion of the site from commercial retail to multi -family residential 2. Request: amend Unified Development Code 1 1-4-3-278.3 to change the minimum private usable open space for each multifamily I init from RC) ern InrP fPPt to An eni inrP fPPt 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 -IN SHEET Date: October 24, 2017 Item # 9D Project Number: Project Name: H-2017-0124 TM Creek Apartments Please print your name For Against Neutral Do you wish to testify (Y/N) Meridian City Council Meeting DATE: October 24, 2017 ITEM NUMBER: 9E PROJECT NUMBER: H-2017-0121 ITEM TITLE: Madden Subdivision Public Hearing for Madden Subdivision (H-2017-0121) by Kobe, LLC located at the Northeast Corner of Locust Grove and E. Franklin Road 1. Request: combined preliminary and final plat consisting of 3 commercial lots on 8.3 acres of land in the proposed I -L and C -G 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 CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: October 24, 2017 Item # 9E Project Number: Project Name: H-2017-0121 Madden Subdivision Pleaseour rint name For Against Neutral Do you wish p Y g to testifv (Y/N) Meridian City Council Meeting DATE: October 24, 2017 ITEM NUMBER: 9F PROJECT NUMBER: H-2017-0115 ITEM TITLE: Pond Subdivision Public Hearing for Pond Subdivision (H-2017-0115) by Schultz Development located at 2980 N. Meridian Road 1. Request: preliminary plat consisting of 21 building lots and 5 common lots on 4.82 acres of land in an R-8 zoning district MEETING NOTES c✓ 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 -IN SHEET Date: October 24, 2017 Item # 9F Project Number: H-2017-0115 Project Name: Please print your name Pond Subdivision For Against Neutral Do you wish to testifv (Y/N Meridian City Council Meeting DATE: October 24, 2017 ITEM NUMBER: 9G PROJECT NUMBER: H-2017-0113 ITEM TITLE: Comprehensive Plan Text Amendment Public Hearing for 2017 Comprehensive Plan Text Amendment (H-2017-0113) by City of Meridian 1. Request: Comprehensive Plan Text Amendment for the purpose of 1) updating the text and policy statements (Goals, Objectives and Action Items) contained in the plan; 2) add text that identifies the Southern Rim; and 3) update the current version of the Existing Conditions Report (ECR) MEETING NOTES Cop/fl/\/W 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 Date: CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET October 24, 2017 Item # 9G Project Number: Project Name: Please print your name as H-2017-0113 Comprehensive Plan Text Amendment For I Against I Neutral Do you wish to testify (Y/N Co 0 0 O (DDQ3 N O rn� - F - (D ° O Q Q n O Q N N (15 D . rnO N Q co QQD n (D C N 0 N 73 CD O N Q Q Q C) 73 O --+- zT CDO � CD Q cD d T, D ;;ao CD D O O Q rn Q (D <„ O Q v � O O 70 c(D DL Q Q r CD z O Q Q �:;. P Q.. 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O z 07 cn d n D to CD O = C y Meridian City Council Meeting DATE: October 24, 2017 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