Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2011-02-01
~E IDIZ IAN'~- ~J CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 01, 2011 at 7:00 PM 1. Roll-Call Attendance O David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance (Pg. 1) 3. Community Invocation by Dave Duron with Meridian First Baptist Church (Pg. 1) 4. Adoption of the Agenda (Pg. 2) 5. Consent Agenda (Pg. 2-3) A. Approve Minutes of January 18, 2011 City Council Regular Meeting B. Acceptance Agreement for Display of Artwork of Karyn deKramer in Initial Point Gallery, March 25 to April 22, 2011 C. Acceptance Agreement for Display of Artwork of Kevin Flynn in Initial Point Gallery, June 17 to July 15, 2011 D. Acceptance Agreement for Display of Artwork of Sandra L. Shaw in Initial Point Gallery, November 4 to December 2, 2011 E. Acceptance Agreement for Display of Artwork of David R. Day in Initial Point Gallery, February 25 to March 25, 2011 F. Findings of Fact, Conclusions of Law for Approval: AZ 10-003 Borup Property by Neilson, Inc. Located at 2250 N. Meridian Road Request: Annexation and Zoning of 0.22 of an Acre of Land with a C-G Zoning District Meridian City Council Meeting Agenda -Tuesday, February 01, 2011 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. G. Findings of Fact, Conclusions of Law for Approval: VAR 10- 004 Fast Eddy's Ten Mile Station by Steve Eddy Located at 750 N. Ten Mile Road Request: Variance to UDC 11-4-3-39.C, Which Requires an Unenclosed Vehicle Washing Facility to be 100 Feet from a Residential Zoning District H. Addendum to Development Agreement for Approval: MDA 10- 009 Volterra Subdivisions (North and South) by Primeland Investment Group, LLC Located North Side of W. McMillan Road, Between N. Black Cat Road and N. Ten Mile Road Request: Modify the Recorded Development Agreement I. Purchase Approval for Capital Replacement of the Wastewater Divisions Wheel Loader. Replacement Loader from Western States Equipment Co. for a Not-To-Exceed Amount of $96,335.00 Which is the Result of RFP #PW-11-10217. J. Approve the Bid Amount of $365,115.75 from Brown Construction for the Victory Road Sewer Connector Pipeline and Authorize the Mayor to Sign the Agreement K. Task Order No. 10220 with Brown and Caldwell for Construction Stormwater Management Program FY 2011 Consulting for the Not-To-Exceed Amount of $51,000.00. This Task Order Would be Pursuant to the Master Agreement Dated November 28, 2006 L. Amended Agreement for Hook-up to the City of Meridian's Sewer/Water System Outside the City Limits: Diamond View Assisted Living, LLC, 3570 E. Amity Road, Meridian, ID 83642 6. Community Items/Presentations A. Sanitary Services: Spring Cleanup Week (Pg. 4-5) 7. Items Moved From Consent Agenda (Pg. 6) 8. Department Reports A. Mayor's Office: Resolution No. 11-771: Appointing Andrew Mitzel, a Youth Member, to the Parks and Recreation Commission (Pg. 6-7) B. Planning Department: Fee Waiver Request for Mr. Lee White for the Property Address of 1750 N. Ten Mile Road (Pg. 7-8) Meridian City Council Meeting Agenda -Tuesday, February 01, 2011 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 9. Action Items A. Public Hearing: AZ 10-004 Pecchenino Annexation by City of Meridian Public Works Department Located 1955 N. Ten Mile Road Request: Annexation and Zoning of One (1) Acre of Land from RUT (Ada County) to R-4 (Medium Low-Density Residential) Zoning District (Pg. 8-17) B. Public Hearing: AZ 10-005 Ada County Highway District (ACRD) Ten Mile Annexation by City of Meridian Public Works Department Located Southwest Corner of W. Ustick Road and N. Ten Mile Road Request: Annexation and Zoning of 1.50 Acres of Land From R1 (Ada County) to R-4 (Medium Low- Density Residential) Zoning District (Pg. 17-20) C. Public Hearing: MDA 10-011 Silver Oaks Apartments by Silver Oaks Apartments, LLC Located Approximately 1/4 Mile West of Ten Mile Road, North of W. Franklin Road Request: Modification to the Development Agreement to Reflect a New Development Plan and Increase in the Number of Residential Units Within the Development (Pg. 20-28) D. Public Hearing: CUP 10-014 Silver Oaks Apartments by Silver Oaks Apartments, LLC Located Approximately 1/4 Mile West of Ten Mile Road, North of W. Franklin Road Request: Conditional Use Permit for aMulti-Family Development Consisting of 369 Units on 24.61 Acres in an R-15 Zoning District (Pg. 20-28) Adjourned at 8:20 p.m. Meridian City Council Meeting Agenda -Tuesday, February 01, 2011 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting February 1, 2011 A meeting of the Meridian City Council was called to order at 7:08 p.m., Tuesday, February 1, 2011, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Brad Hoaglun, and Charlie Rountree. Members Absent: David Zaremba. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Sonya Wafters, Bill Parsons, Warren Stewart, Mike de St. Germain, Mark Niemeyer, Steve Siddoway and Dean Willis. Item 1: Roll-call Attendance: Roll call. David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Thank you for your patience this evening. We welcome you. For the record it is Tuesday, February 1st. It's 7:08. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Dave Duron with Meridian First Baptist Church De Weerd: Okay. Item No. 3 is our community invocation. Tonight we will be led by Pastor David Duron and he is with Meridian First Baptist Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Duron: Father, we thank you for today. We thank you for the privilege of convening like this in an evening and the freedom in our country to do so. We realize, God that you have blessed our country and the freedom that we have to gather together, even like this, and beseech your help and thank you for the help that you have given our city and our country. We ask that you would give wisdom to our leadership and the business that transpires tonight, to your glory, Lord, in Jesus' name, amen. Meridian City Council February 1, 2011 Page 2 of 28 Item 4: Adoption of the Agenda De Weerd: Thank you for being here with us this evening. Item No. 4 is the adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Just a quick addition in the agenda for this evening. Under Department Reports, Item 8-A, that resolution number is 11-771. And with that, Madam Mayor, I move adoption of the agenda as printed. Rountree: Second. De Weerd: I have a motion and a second to adopt the agendas as printed. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda A. Approve Minutes of January 18, 2011 City Council Regular Meeting B. Acceptance Agreement for Display of Artwork of Karyn deKramer in Initial Point Gallery, March 25 to April 22, 2011 C. Acceptance Agreement for Display of Artwork of Kevin Flynn in Initial Point Gallery, June 17 to July 15, 2011 D. Acceptance Agreement for Display of Artwork of Sandra L. Shaw in Initial Point Gallery, November 4 to December 2, 2011 E. Acceptance Agreement for Display of Artwork of David R. Day in Initial Point Gallery, February 25 to March 25, 2011 F. Findings of Fact, Conclusions of Law for Approval: AZ 10-003 Borup Property by Neilson, Inc. Located at 2250 N. Meridian Road Request: Annexation and Zoning of 0.22 of an Acre of Land with a C-G Zoning District G. Findings of Fact, Conclusions of Law for Approval: VAR 10- 004 Fast Eddy's Ten Mile Station by Steve Eddy Located at 750 N. Ten Mile Road Request: Variance to UDC 11-4-3-39.C, Which Requires an Unenclosed Vehicle Washing Facility to be 100 Meridian City Council February 1, 2011 Page 3 of 28 Feet from a Residential Zoning District H. Addendum to Development Agreement for Approval: MDA 10- 009 Volterra Subdivisions (North and South) by Primeland Investment Group, LLC Located North Side of W. McMillan Road, Between N. Black Cat Road and N. Ten Mile Road Request: Modify the Recorded Development Agreement I. Purchase Approval for Capital Replacement of the Wastewater Divisions Wheel Loader. Replacement Loader from Western States Equipment Co. for aNot-To-Exceed Amount of $96,335.00 Which is the Result of RFP #PW-11-10217. J. Approve the Bid Amount of $365,115.75 from Brown Construction for the Victory Road Sewer Connector Pipeline and Authorize the Mayor to Sign the Agreement K. Task Order No. 10220 with Brown and Caldwell for Construction Stormwater Management Program FY 2011 Consulting for the Not-To-Exceed Amount of $51,000.00. This Task Order Would be Pursuant to the Master Agreement Dated November 28, 2006 L. Amended Agreement for Hook-up to the City of Meridian's Sewer/Water System Outside the City Limits: Diamond View Assisted Living, LLC, 3570 E. Amity Road, Meridian, ID 83642 Weerd: Item 5, our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of tonight's Consent Agenda, along with the addition in 8-A of resolution number 11-771 and that the Mayor be authorized to sign and Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council February 1, 2011 Page 4 of 28 Item 6: Community Items/Presentations A. Sanitary Services: Spring Cleanup Week De Weerd: Item 6 under Community Presentations we have with us today Steve Sedlacek with SSC. Welcome. Sedlacek: Thank you, Madam Mayor, Members of the Council. I'm here tonight to talk to you just briefly about some information that the Solid Waste Commission has discussed in the past. Councilman Rountree is on that committee, ex-officio member. All right. Now that we are all turned on, the issue is curb side yard waste collection. When we converted to the automated collection system last year 2010 we committed to doing a spring clean up week for the homeowners in Meridian. The concern was in the spring people are pruning their trees and doing yard work and there will be spring -- an issue where there might be too much waste during aspring -- during springtime. So, the commission has considered -- that we have agreed to do a week of collection at no cost, just as an add-on feature to the program and that week will be April 4th through the 8th, so for the first full week of April, and it will mimic the fall leaf collection program where you can put out all the organic material you want, bundles of brush or grass or leaves or whatever and if it's in cardboard boxes and Kraft bags or segregated into a can, we will pick it up, we are going to take it to our transfer facility and mix it with our organic material and take it to the landfill where it will be ground up as mulch, basically. So, tonight I just wanted to tell you about that. I want you to know it's happening. Get any comments from you if you have any. The public information will be headed out to the public in their bills this next week, I believe, the 5th and the 20th, so we will start on the 5th, so I guess if you have any negative comments about that we would have to change right away. De Weerd: Better know now, uh? Sedlacek: Yes. De Weerd: Yes. Council, any questions? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Steve, just to be sure -- because when people think of spring clean up, I mean they are thinking cleaning out their garage and, you know, the shop, the shed, whatever. This is just yard waste, organics, it doesn't get into putting -- De Weerd: Couches. Hoaglun: -- couches -- Meridian City Council February 1, 2011 Page 5 of 28 De Weerd: Refrigerators. Hoaglun: Yeah. Microwaves. Whatever. Can you clarify that? Sedlacek: Absolutely, Councilman Hoaglun. We had that discussion about what type of clean up it should be. Should it mimic like what we do after Christmas where we have an unlimited week of anything you want or should it be an unlimited week like we do for fall leaves -- actually, that's almost a month now -- and have it be organic based -- focused. De Weerd: I didn't know you did that after Christmas. Sedlacek: Absolutely. De Weerd: I could have put my couch out there? Sedlacek: No. De Weerd: You said whatever. Sedlacek: We have to be able to pick it up with the trucks. De Weerd: Oh. Okay. Sedlacek: Okay. So, we went back and forth on that issue. We did decide that the issue as it came up in the public meetings that we had when we converted was this was an issue related to yard waste clean up and so we are making it a yard waste week. Now, this will be the first week we do it. We are happy to take input from the public and the Council and the Mayor and we can switch it to a different type of collection next year or -- you know, this is certainly a manageable issue. We can change it. So, this is our first shot at it. But, yes, it will be an organic yard waste type collection. De Weerd: And that's clear in your literature? Sedlacek: Absolutely. De Weerd: Good. Any questions? Rountree: No. I have none. De Weerd: Well, we appreciate that you did add that extra time, so that people with sizeable yards have another opportunity to rid themselves of the winter stuff. Sedlacek: Absolutely. De Weerd: Thank you. Appreciate you being here. Meridian City Council February 1, 2011 Page 6 of 28 Item 7: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 8: Department Reports A. Mayor's Office: Resolution No. 11-771: Appointing Andrew Mitzel, a Youth Member, to the Parks and Recreation Commission De Weerd: So, we will move into our Department Reports. Council, in front of you you do have a resolution number 11-771, appointing Andrew Mitzel as the youth member to the Parks and Recreation Commission. We have conducted interviews. I know that our parks director and two of the parks commissioners interviewed Andrew as well and they brought the recommendation to me to -- that they would love to have Andrew as their youth member. Council, this is through the end of August. We anticipate, if he successfully serves until that point, to renew it again for a whole year, but we would need to have your okay at that time. So, I would open it up to any questions or, Mr. Siddoway, do you have any comments? Siddoway: Just briefly. We did interview Andrew. He is currently an undergraduate at BSU. He lives in Meridian. He's a native to Meridian. Went to Meridian Middle School. Meridian High. He has agreed that he can serve here and we believe he will be a good fit for the commission and we have recommended approval of his appointment. Thanks. De Weerd: Thank you. Council, any questions? Rountree: I have none. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve resolution 11-771, appointing Andrew Mitzel to the Parks and Recreation Commission. Hoaglun: Second. De Weerd: I have a motion and a second to approve the resolution in front of you. If there is no discussion, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. Meridian City Council February 1, 2011 Page 7 of 28 De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Planning Department: Fee Waiver Request for Mr. Lee White for the Property Address of 1750 N. Ten Mile Road De Weerd: Item 8-B. I will turn this over to Pete with our Planning Department. Friedman: Thank you, Madam Mayor, Members of the Council. The Planning Department is requesting two fee waivers for Mr. Lee White of 1750 North Ten Mile Road. Last year Mr. White applied for an accessory use permit, essentially, for a home occupation, but that permit was denied by the Planning Department staff. Regrettably, we didn't clearly explain his -- the Council review process to him, therefore, he missed the deadline to come before you and seek redress on that decision. Because of that staff feels that Mr. White should at least have an opportunity to apply for that accessory use permit again, as well as Council review of the likely outcome of that application. And, again, we are requesting that you waive the fees for those two applications for Mr. White. De Weerd: Thank you, Pete. Now, I understand Council waived the fee for the application and, then, when -- when staff denied it there would have been another fee to appeal the decision of the Planning Department. So, this would waive all of that; is that correct? Friedman: That's correct, Madam Mayor. Council will recall -- I believe it was in December of last year Mr. White came before Council and requested a fee waiver for that accessory use permit application fee, which Council granted. He, then, submitted his application, which the Planning Department denied and at that point we more effectively communicated the appeal process or the Council review process to him. There would have been a review fee of 692 dollars. Because of the lag and the timing and so forth, he was denied his permit; he was not able to come before Council. So, given that we would -- we are requesting that the Council waive again the accessory use permit fee, as well as the Council review fee. So, he would make -- if Council waives the application fee he would make his application for the accessory use. If all conditions were similar to last year's the result would probably be the same and, then, he would seek to come and bring that decision before you. De Weerd: So, Pete, can Council consider waiving both set of fees? Because, otherwise, you almost have the same outcome. Friedman: That's the request, Madam Mayor. De Weerd: Okay. I just wanted to be clear on that, instead of the definition of insanity. Council, any questions? Meridian City Council February 1, 2011 Page 8 of 28 Rountree: I have none. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve -- oh, oh. That's not good on computers. I move that we approve the request for fee waiver as explained in the planning director's memorandum of January 21st, 2011, Item 8-B. Bird: Second. De Weerd: Now, that I have caused all kinds of disturbance here. I think I do have a motion and a second to approve the waiving of all fees and if there is no discussion I will call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: Action Items A. Public Hearing: AZ 10-004 Pecchenino Annexation by City of Meridian Public Works Department Located 1955 N. Ten Mile Road Request: Annexation and Zoning of One (1) Acre of Land from RUT (Ada County) to R-4 (Medium Low-Density Residential) Zoning District De Weerd: Thank you. Okay. I will go ahead and move into Item 9-A, which is a public hearing on AZ 10-004, and I will ask for staff comments at this time as I open the public hearing. Parsons: Thank you, Madam Mayor, Members of the Council. This is a recommendation for approval from the Planning and Zoning Commission on the subject application to zone -- annex and zone one acre of land from RUT in Ada county to an R- 4zoning designation in the city. The subject property is located at 1955 North Ten Mile Road and currently is surrounded by R-4 zoned property in the city. At this time there are no development plans for the site. Future development will be contingent upon the provisions contained in the UDC, currently whatever is in effect at the time that they propose development on the site. I would also point out to Council that the purpose of annexation is really to facilitate a Public Works program or infrastructure in front of the property. As you know we are looking to get the re-use -- reclaimed booster station on Meridian City Council February 1, 2011 Page 9 of 28 line and we need to get that infrastructure down to the Ten Mile interchange and this is one of the properties that is -- that is needed to facilitate those improvements. Also with this annexation staff is not recommending a development agreement. There will be a separate hook-up agreement between Public Works and the property owner. The property owner is Mr. Pecchenino. He is in the audience this evening and he has granted permission to the city Public Works Department to act on his behalf regarding the annexation application. During the hearing -- of the P&Z hearing it was discussed regarding some RV storage occurring on the property. At first blush it appeared that that was an outdoor storage facility on the site with the number of trailers that were stored on the property. After speaking with the property owner it was determined that it was really -- they were storing those vehicles for friends and family, so it wasn't really a paid facility. However, the UDC still requires that that -- those vehicles be screened from a public street and those standards are outlined in the parking standards of the UDC. Public Works has been working with the property owner. It is our understanding -- planning department's understanding that the fencing will be in place and highlighted in that agreement -- that separate agreement that I discussed earlier and those things are still being worked out. But that agreement will come back before Council for approval, so you can anticipate seeing that. I did prepare a slide for you this evening showing you how much fencing is to be installed on the site. It is highlighted in white. Under the current UDC standards that fencing has to be a six foot solid fence and it has to be adjacent to where West Hatch Court comes in. You can see that cul-de-sac along the north boundary. Where it runs along that portion of the property it needs step in ten feet per the fencing standards of the UDC. Testifying at the hearing on the application was the Public Works Department, Mr. Warren Stewart, and, then, also staff received written testimony from Theresa Pecchenino. Basically, her a-mail addressed the RV storage on the site. No additional testimony has been provided to staff. The applicant has provided some photos for you to review this evening. He would like to discuss some of the fencing requirements the city currently has in place with you. Other than the fencing issue staff has no other knowledge any of other outstanding issues before you this evening and would be happy to answer any questions you may have. De Weerd: Thank you, Bill. Council, any questions at this point? Bird: I have none. Rountree: Madam Mayor? De Weerd: Yes. Rountree: Bill, I have read your description. I just need to understand the why and have made several assumptions, but would you explain the why we are doing this. Or maybe Warren. Stewart: Madam Mayor, Members of the Council, Councilman Rountree. It, basically, stems from the fact that the Department of Environmental Quality has a requirement Meridian City Council February 1, 2011 Page 10 of 28 that there be a hundred feet of separation between any domestic well and any re-use main line. Rountree: Okay. My assumption was correct, then. Thank you. De Weerd: We have to be trained on these button things. And my glass of water. Any other questions from Council at this point? Bird: I have none, Mayor. De Weerd: Okay. Mr. Pecchenino. Stewart: Madam Mayor, as the applicant for the project I probably ought to make a few comments before Mr. Pecchenino comes up. Is that okay? De Weerd: Oh, that's right. The city is the applicant here. Well, I always like to have our guests go first. Go ahead. Stewart: Thank you. Just by way of a little background, as we sort of alluded to, the city is putting a re-use main line down the Ten Mile corridor to serve as a main line to serve the interchange, as well as additional properties along the Ten Mile as our re-use program expands. There is, basically, a couple of these that you will hear tonight that are sort of in the same situation where we have domestic wells that are within the one hundred foot separation requirements and as such we have been negotiating with these individuals to bring their properties into the city through the annexation process and to hook up their services to the City of Meridian and we have been working with the Peccheninos on that effort and have basically -- this is the first step of that in bringing forward this annexation. As has been eluded to, there will also be an agreement that will come before you in the near future, which will outline the water and sewer hook ups, the fact that we will be recommending that the fees for those be waived and the city will reimburse the Peccheninos for those connections. Also, the screening -- the fence screening for the RVs, we will be providing that or recommend that the city provide that, as they are -- we are the applicant, we are the ones that are initiating this. It is for the city's benefit. But those will be part of an agreement that will come before you before the actual ordinance. And with that, I guess, I would stand for any questions you have. think Mr. Pecchenino has some questions, again, with regards to the fencing requirements and would like to address those with you at this time, but I will stand for any questions that you may have. De Weerd: Thank you. Council, any questions? Rountree: I have none. Bird: I have none. Meridian City Council February 1, 2011 Page 11 of 28 De Weerd: Okay. Now, you have changed your mind. Okay. Well, I do have both of the Peccheninos -- Pecchenino. I love that last name. You both signed up in favor of this application; correct? Pecchenino: Yes. De Weerd: Very good. If you will, please, state your name and address for the record. Pecchenino: Michael Pecchenino. 1955 North Ten Mile Road, Meridian. De Weerd: Thank you. Pecchenino: I was going to come here to request a variance to the fence code to be able to construct that side fence in a straight line that -- you see the pictures there. Number one is looking east from the neighbor's yard and picture number two is from the neighbor's yard looking west. As you can see we area on a cul-de-sac. The existing fence is in a straight line and I was just merely trying to save the city a little money by building a straight fence versus the way you have it up there. De Weerd: Okay. Can you not build his fence the way he would like to? Stewart: I will leave that question up to Bill, I think. Parsons: Madam Mayor, Members of the Council, the current -- up here on the slide here I have tried to portray what the current UDC, standards are as far as fencing and to give you a quick answer, I don't like to use the word no, but under the current code requirements the answer would be no. I mean it needs to step in that ten feet and it really comes down to an esthetic issue I think. When we talked about it at staff with the director it was her determination that if we lax this standard here we are setting a precedence out there. If you recall there was a gentleman that contacted the Mayor's office I would say maybe two months ago that wanted some relaxation from the fencing standards adjacent to a common lot and that request filtered down to the Planning Department and we were -- at that time Planning Department had made a stance on that that we would want to keep that fencing in place and so that's the direction that we have been given to present to the Council tonight is that we really should stick with the standards that we have in the UDC. Pecchenino: Can I ask a question, please? At what point does that ten foot easement begin? Is it from the road or from the nearest edge of the sidewalk? Because I know of a residence in Meridian that has a side fence, this property is located at the corner of Ustick and Locust Grove, the northwest corner, and their fence is ten foot from the white line of the shoulder line. Now, would I be able to put -- be able to build ten feet from the pavement or is it going to be from the nearest edge of the sidewalk, which is measured on this? Parsons: Madam Mayor, may I address Mr. Pecchenino? Meridian City Council February 1, 2011 Page 12 of 28 De Weerd: Yes, please. Parsons: Thank you. Mr. Pecchenino, it would be measured from your sidewalk. Pecchenino: Why is that fence on Locust Grove ten feet from the road? De Weerd: Well, sometimes people don't actually follow the rules and they don't get -- Pecchenino: So, are they in violation? De Weerd: Well -- and oftentimes our code changes after -- Pecchenino: It looks like a pretty new fence. De Weerd: Is it? Are they in the city? Friedman: Madam Mayor, Council Members, without knowing the property and without knowing the circumstances Ican't -- we can't address that. De Weerd: We don't know. But just because someone else might have done it wrong doesn't give -- especially when we are the applicant, it doesn't give us permission to do it wrong, too. Hoaglun: Madam Mayor? De Weerd: Yes, Mr. Hoaglun. Hoaglun: Question for Bill. Bill, could we go back to that slide? We have the deal up. I'm trying to figure out -- it talked about the ten foot setback on corner properties and, then, the side yard fences have a five foot -- or shall be allowed where the -- can you explain to me -- I might be confused here. Side yard fences that follow the side yard property line shall be only allowed where the side setback is five foot or greater. Can you -- I'm not sure I understand that correctly. Friedman: Madam Mayor, Council Member Hoaglun, Council Members, if I could have Bill get the aerial back on, so that -- to kind of explain the situation. I think the reason this confusion came on that one, Council Member Hoaglun, was what we tried to do in the UDC with that illustration is illustrate typical situations with corner lots and the provision under number three of that -- of that UDC section was street side or street yard fences needed to be set ten feet back. The -- you know, the operating thought when the code was developed was primarily for those corner lots, so you didn't have fences coming right out to the edge of the sidewalk on corners and creating both, you know, an unsightly situation and so forth. Mr. and Mrs. Pecchenino's property -- it's not a corner lot per se, but it does have two street yards, one being Ten Mile Road and one being the cul-de-sac of Hatch Court. So, with the presence of Hatch Court there it really Meridian City Council February 1, 2011 Page 13 of 28 does create a street yard, if you will, and what we have done with this illustration is we have given as much of the benefit of the doubt as we can by really kind of saying, okay, we will consider most of that a side yard until you get to, rather, the bell of the cul-de- sac, because that's primarily where most of the street is, rather than saying the whole thing is a street yard and the fence would have to be set back ten feet along that whole property line. In our discussions with Mr. Pecchenino, of course, he initially said, well, wait a second, I have got a shed out there, I don't want my shed outside the fence. So, in trying to apply our codes fairly, this is the solution we came up with while still being able to, in good conscience, say we have met the intent of our street side setback for fences. De Weerd: But, Pete, aren't those setbacks primarily because of a vision triangle or a vision issue on those corner lots? I don't know how many -- the vision aspect is not an issue, nor do you think you're going to have a lot of traffic that walks on that sidewalk that's going to be squeezed between a fence, a sidewalk and moving traffic, which is really what the safety issue is going to be. That doesn't apply in this one either. There should be a consideration perhaps for a variance of some sort. Friedman: Madam Mayor, Council Members, I think the Mayor raises good points, you know, again, in our administration of the code we try to be flexible and we try to be creative where necessary. If a variance -- I mean a variance, Mayor, is correct. A variance is the appropriate vehicle, if you will, to seek the remedy for that fence setback situation. Staff is not sure we could make the findings for approval, but that's, you know, only a recommendation. But the variance would come to Council and they could make the determination on -- on the variance itself. De Weerd: If we were to be the applicant again. Nary: Yes. Without the variance. De Weerd: Correct? Friedman: If we were to be the variance -- yes, we could be the -- have an affidavit of interest from the property owner. De Weerd: Mr. Bird. Bird: Yeah. We can make it in the motion of the annexation of getting rid of it. It looks like a trash collector to me the way they go in like that. All the trash will be blown into those little joints like that, so -- but we can take -- I don't think we need a variance, we can do it in the annexation, can't we? That's in force right now? Nary: No. Friedman: Madam Mayor, Council Member Bird, I would defer to Mr. Nary on that question. Meridian City Council February 1, 2011 Page 14 of 28 Nary: Madam Mayor -- well, Madam Mayor, Members of the Council, okay, then, it's my error, Mr. Bird. You can approve a variance or an alteration of your code as part of your annexation. The problem that you have here -- and that's where I think where Mr. Friedman is alluding to is you have a code that, basically, is to prevent people from building a fence right adjacent to the sidewalk and you have a number of places around town that that's occurred and that's the reason this code exists now is that you have like fencing that immediately abuts the sidewalk on what is, essentially, the -- this portion of the property. So, it's something that you have put into code and I think they have tried to work around that. They can -- they can consider alternative fencing, but in the discussions to this point with Mr. Pecchenino they haven't been able to come up with something for -- that both the city and Mr. Pecchenino have been comfortable with as alternatives, other than a variance. The problem with the variance is a variance requires it's a dimensional standard or an impossibility based on the configuration of the property or the topography of the property and as Mr. Friedman said, it may be difficult for staff to make the findings because there is no reason you can't build the fence this way. The only reason is a preference and esthetic. If Mr. Pecchenino was coming in today to have this fence built by himself, the staff would be denying it, the same as we are telling you now, because it doesn't comply with our code. They can look at alternatives, they can discuss it, which I think they have, but they haven't been able to find an alternative type of fencing for this area. So, that's why to this point to mitigate that the city's agreeing to waiving the different fees and paying for this fencing, but the only thing the city is -- or the staff is requesting is comply with our code requires that small setback to make sure it isn't butted right up against the frontage of the sidewalk. Friedman: Madam Mayor, Council, just one point of clarification in that area also, in our, you know, thought process, that would be an area where there would be a gate anyway, because that's going to be the access into and out of the property for the various recreational vehicles and trailers that are being stored there. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Question for Mr. Pecchenino. The picture I'm looking at -- it looks like there is green space between the sidewalk and the fence. Pecchenino: There is. There is roughly -- Hoaglun: How much space is that? Pecchenino: Two feet from the edge of the sidewalk to the existing fence line. So, it does not actually abut the sidewalk. Meridian City Council February 1, 2011 Page 15 of 28 Hoaglun: Okay. And the sidewalk is a standard three foot -- this might be for planning staff, Madam Mayor. Five foot -- I'm sorry. Five foot. So, you have seven feet from the edge of the gutter, basically, back to the fence, approximately. Okay. Pecchenino: I'm not sure what Pete was saying about the gate, but the gate does come in, not out towards the cul-de-sac. De Weerd: So, it opens into your property? Pecchenino: Yes. De Weerd: Did you have anything further? Pecchenino: No. De Weerd: See, you didn't have to say much. We said it all; right? Pecchenino: Okay. Thank you. De Weerd: Thank you. Is there any additional testimony on this application? Council, any further information needed? Bird: I have none. De Weerd: Any additional staff comments? Friedman: No, ma'am. De Weerd: Okay. Well, Council, I would entertain a motion to close, if you are so inclined. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move we close the public hearing AZ 10-004. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 9-A. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Hoaglun: Madam Mayor, I do have a question for legal counsel. Meridian City Council February 1, 2011 Page 16 of 28 De Weerd: Okay. Hoaglun: Just to make sure I understand, Mr. Nary, we cannot grant a variance to the fencing requirement at this particular meeting, that would have to be required in a separate application, is that my -- do I understand that correctly? Nary: Madam Mayor, Members of the Council, Council Member Hoaglun, that's correct, because that requires a public hearing and that hasn't been noticed for tonight. All that's in front of you is an annexation. Hoaglun: So Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of AZ 10-004 with staff and applicant comments and that this project move forward and the fencing issue can wait until another time. Bird: Second. De Weerd: I have a motion and a second to approve this item. Any discussion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Question for Mr. Nary. To bring a variance on the fencing forward, seeing how we are the applicant, would have to be brought by Meridian Public Works Department, is that -- am I not right? Nary: Madam Mayor, Members of the Council, Council Member Bird, I think that was the intent is that ideally we have an agreement that we have drafted with Mr. Pecchenino that should resolve all of these issues. If that agreement -- we could finalize and everybody is agreeable, then, we would bring that agreement back in two weeks with the annexation ordinance. If we can't reach an agreement, then, the recommendation would, then, be to do an application for a variance and the application would be the city's, since we have been the party to this point, but I think as Mr. Friedman said, we would need an affidavit of interest from Mr. Pecchenino, which, obviously, he would likely be interested in. Bird: Yeah. I didn't think he would have to do it, that's what I was asking, Bill. Nary: Right. Bird: Thank you. Meridian City Council February 1, 2011 Page 17 of 28 De Weerd: Thank you for that clarification. Anything further? Okay. Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. And if you want an explanation of what just happened you can ask staff. B. Public Hearing: AZ 10-005 Ada County Highway District (ACRD) Ten Mile Annexation by City of Meridian Public Works Department Located Southwest Corner of W. Ustick Road and N. Ten Mile Road Request: Annexation and Zoning of 1.50 Acres of Land From R1 (Ada County) to R-4 (Medium Low- Density Residential) Zoning District De Weerd: Okay. Item 9-B is a public hearing on AZ 10-005. I will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. Again, this is a recommendation from Planning and Zoning Commission from their January 2nd, 2011, hearing as Mr. Stewart eloquently explained to you it's another annexation request to run purple pipe down to the interchange and service that corridor. In this particular annexation request there are three properties -- three parcels all owned by ACHD and given the fact that this property has multiple nonconforming uses or non-conformings on the site, staff is recommending a development agreement with this particular annexation request. Would point out that this property will only be facilitated with water. City engineer has waived the requirements for sewer primarily due to ACHD at some future point with that widening of that intersection they anticipate possibly selling the property off. They could see a potential future -- future commercial use on the site, so they are requesting that the Public Works Department run a commercial water service line to the residence and hold off on sewer until it redevelops in the future. Items of discussion at the hearing were, indeed, the nonconformities and so with that DA -- with the recommendation of a DA this is what we are currently recommending before you in Planning and Zoning and also recommend no changes to these DA provisions. So, DA provision number one deals with addressing future access. Two has to deal with -- one thing I failed to mention was the fact that the site is currently operating with a construction business on the site and so we put a DA provision in here that if the property is either sold, redeveloped, or abandoned it could never be reestablished unless through the proper process. Because sanitation sewer is not being extended at this time we have a provision in there that whoever purchases the property in the future will be responsible for installing sewer and constructing sewer to the site. And, of course, the other nonconformity on the site has to deal some structures that are in the Meridian City Council February 1, 2011 Page 18 of 28 setbacks. If we were to zone this R-4 this evening some of those existing structures would be within the required setback of the R-4 zoning district, so we pointed that out and let folks know that we recognize that and that they need to go away at some point. And the other issue has to do with lot dimensions and that's really what will happen is we will process a property boundary adjustment. One of the small parcels is really a small sliver and so it doesn't meet the dimensional standards of the R-4 zoning district and so the purpose of this DA provision is to clean up that and create two lots that could be compliant with the R-4 standards. We realize we can't do anything about the nonconformity as far as the building setbacks, but as far as the lot -- dimensional standards for the lot size we could do something with that with the PBA and so that's what we have recommended in the DA provisions. Speaking in favor at the hearing was the City of Meridian Public Works Department again. Warren. Staff did not receive any additional testimony on this, nor was any written testimony received. To staffs knowledge the only nonconforming issue -- or the only issues before you this evening is really does the city want to annex the property with the abundance of non-conformings on the site and that concludes my presentation and with that I would be happy to answer any questions you have. De Weerd: Thank you, Bill. Any questions from Council? Warren, do you have anything you would like to add? Stewart: As you are aware, this is very similar to the one that we just did in that there is existing residential wells on the property, which are within a hundred feet of our proposed line, so we are asking the -- to annex this property, to hook it up to the water right now and part of the agreements there -- part of the discussions that we have had with ACHD is that we would provide commercial water service. Because the sewer service could be extended to this property without tearing up the street in the future, it is essentially -- they have asked that we waive that provision to extend the sewer. I have suggested that we would be -- as far as the city engineer is concerned that I would be willing to do that; because we would like to know how it's going to develop before we actually extend that service there and determine how that's going to be done. I think it's going to be a positive thing for that corner in that we will clean up some of the property issues associated with this little parcel, instead of having these three parcels and one of them being a very small little sliver, we will actually make something useful out of that and with that I would stand for any questions that you may have. De Weerd: Thank you. Council, any questions? Bird: I have one, Mayor. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: It seems inconsistent that we would annex and annex it as an R-4 and, then, turn around and provide a commercial water service to it. If, in fact, that's our intent, we Meridian City Council February 1, 2011 Page 19 of 28 probably should be looking at some other kind of a zoning or just provide a residential water service at this point in time. Stewart: Madam Mayor, Members of the Council, Councilman Rountree, certainly we could provide a residential water service to both the sites. ACHD has expressed the desire that they -- they think that this property will eventually be commercial, that it would be advantageous. We also know that Ten Mile -- one of the reasons for that is that Ten Mile Road right now is soon to be rebuilt and especially that intersection is soon to be rebuilt and whatever services that we provide right now we would like them to be what will be there in the long term. We don't know how that's going to develop. With the sewer service we have a little more flexibility in that the sewer service can be extended in a future date without tearing up the new road. So, we have -- you know, basically, in order to get ACHD's cooperation we have talked to them and entertained the idea of providing a commercial water service. Basically, what that means is we will extend an eight inch main outside the property -- or to the property line, then, put in residential meters, I believe, at this time, but that we will have the ability to, essentially, provide commercial services in the future. I don't know if that answers your question, but -- Rountree: It did. Thank you. De Weerd: Thank you. I don't see -- is ACHD here to comment? I didn't think I saw them. Council, any questions? This is a public hearing. Is there anyone who would like to offer testimony on this? Council? Bird: I have none. De Weerd: Any further comment from staff? Friedman: Madam Mayor, Council Members, specifically to address Council Member Rountree's question, the Comprehensive Plan designates the property residential at this time. and the surrounding zoning is all R-4, that's the genesis of our recommendation for the zoning. So, I'm not sure -- we can certainly address your concern about the commercial. One thought Bill and I were just discussing is the Comprehensive Plan does contain a provision that at the Council's discretion on parcels less than three acres located on arterials you can designate it for office and office use only. So, if that would increase your comfort level about those commercial water hook-ups that may be a possibility worth examining in terms of what we bring to the property in terms of its comp plan designation and it's zoning. Again, residential is nonconforming use in an office zone, but we have enough nonconformities there right now that -- so, I don't know if that addresses Council Member Rountree's concern. Rountree: You know, Pete, thank you. I'm not necessarily concerned, it was just a question that if we are -- we are zoning it residential, yet we are accommodating commercial, why didn't we just zone it commercial and be done with it, because we are going to see it again. Meridian City Council February 1, 2011 Page 20 of 28 Friedman: Council Member Rountree, Madam Mayor, Council Members, I -- that's a good point. The one thought I have, though, is since ACHD will not be the developer of this, we really don't know what we are going to see when that property -- so, this gives the Council an opportunity to have another review of what the commercial development on that corner would look like if they do come in for a rezone. Rountree: That's true. Thank you. De Weerd: Okay. If there is nothing further from Council, I would entertain a motion to close this public hearing. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on AZ 10-005. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on 9-B. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve AZ 10-005 as stated by staff and applicant. Hoaglun: Second. De Weerd: I have a motion and a second to approve 9-B. Any discussion? Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. C. Public Hearing: MDA 10-011 Silver Oaks Apartments by Silver Oaks Apartments, LLC Located Approximately 1/4 Mile West of Ten Mile Road, North of W. Franklin Road Request: Modification to the Development Agreement to Reflect a New Meridian City Council February 1, 2011 Page 21 of 28 Development Plan and Increase in the Number of Residential Units Within the Development D. Public Hearing: CUP 10-014 Silver Oaks Apartments by Silver Oaks Apartments, LLC Located Approximately 1/4 Mile West of Ten Mile Road, North of W. Franklin Road Request: Conditional Use Permit for aMulti-Family Development Consisting of 369 Units on 24.61 Acres in an R-15 Zoning District De Weerd: Item 9-C and D are public hearings on MDA 10-011 and CUP 20-014. I will open these two public hearings with staff comments. Wafters: Thank you, Madam Mayor, Members of the Council. The first application before you is a Conditional Use Permit request for amulti-family development in an R- 15zoning district. Another application, a development agreement modification, to nullify the existing development agreement and approve a new development agreement based on the new development plans as proposed. The site consists of 24.61 acres, is currently zoned R-15, and is located north of West Franklin Road, approximately a quarter mile west of North Ten Mile Road. A little history on this property. It was annexed in 2005 with a development agreement and platted with one large multi-family lot, the subject property, and one commercial office building lot to the south. A Conditional Use Permit planned development was approved for a multi-family development consisting of four-plex structures with 280 dwelling units. A time extension was later approved that included a new design concept with row houses and condominiums. A subsequent conditional use permit modification changed the development plan back to four-plex structures, with the addition of 12-plex and 16-plex structures. Infrastructure consisting of sewer, water, utilities, storm drainage, gravel road base, and some concrete work exists on the site. The current Conditional Use Permit request is for approval of amulti-family development consisting of 25 two and three story structures, with 92 one bedroom units, 185 two bedroom units and 92 three bedroom units, for a total 369 dwelling units on 24.61 acres of land at a density of 14.99 dwelling units per acre. A total of 5.62 acres or 22 percent of the site of open space is proposed, along with the following amenities: A 2,931 square foot clubhouse. A 1,404 square foot fitness center. A pool. Spa. Tennis court. Picnic area. Playground. Community garden. And pathways. Surface parking covered and uncovered and eight parking garages are proposed in accord with Unified Development Code standards. This property is proposed to develop in three phases, with the first phase including construction of the clubhouse and associated amenities central to the development, along with the remaining portion of North Umbria Hills Avenue. The site plan depicts a stub street, West Perugia Street, to the Kennedy Lateral at the west property boundary for future extension in compliance with the Ten Mile interchange specific area plan, which designates a collector street through this site. A road trust exists with ACHD for half the cost of construction of a bridge across the Kennedy Lateral as required by the development agreement. There are two different elevations proposed for each building type, with variations in architecture, roof design, color, and construction materials for variety. Construction materials consist of a variety of siding materials, including board Meridian City Council February 1, 2011 Page 22 of 28 and batten, lap cement board, and shake siding with stone veneer accents and composition asphalt shingles. Each elevation incorporates three different types of materials for variety. A total of three different color combinations are proposed for the structures. Design review approval has been granted by staff for the proposed structures and site design. And I will just run through these elevations. This is building type one, the two story 12-plex structures, two different variations. Building type two is three story, 18-plex, two different variations. Building type three is a two story 16-plex, two variations. And building type four is three story, 24-plex, two different variations. Building type five and six are duplexes with garages underneath. Two story structures. This is the clubhouse. Fitness center. And, then, that's just a copy of the proposed landscape plan for the project. A develop agreement modification is requested to nullify the existing development agreement and approve a new development agreement based on the new development as proposed. The Commission recommended approval of the Conditional Use Permit at their January 6th public hearing. Becky McKay and Graye Wolfe testified in favor of the application. No one testified in opposition or commented on the application. Written testimony was received from Steve Moore from the Ten Mile Christian Church. He was generally in agreement with the proposal, he just had a concern that the other half of Umbria Hills be constructed with the first phase of development. Key issues of discussion by the Commission. Commendation of the new site design and building elevations. They thought the applicant did a good job with the proposed plan for this development. They did change DA provision 1.1 B. They moved to strike that provision as the Council had waived the requirement to the the Kennedy Lateral with the final plat for Umbria Subdivision. Written testimony since the Commission hearing. Becky McKay submitted testimony in agreement with the staff report and there are no outstanding issues for City Council. Staff is recommending approval on the development modification application with the provisions in the staff report. Staff will stand for any questions the Council may have at this time. De Weerd: Thank you. Council, any questions? Bird: I have none, Mayor. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Sonya, the -- in the packet there is a letter from the church talking about paving the other half of the road. I'm assuming that would be part of the -- their development in phase one? Wafters: Madam Mayor, Members of the Council, Councilman Hoaglun, yes that will be part of the first phase. Hoaglun: Okay. Thank you. Meridian City Council February 1, 2011 Page 23 of 28 De Weerd: Okay. Anything further? Would the representative like to come forward. Hi, Becky. McKay: Good evening, Madam Mayor, Members of the Council. Becky McKay, Engineering Solutions, 1029 North Rosario, Meridian. I'm representing the applicant on this particular project. This is an unusual project that -- it's gone through a pretty lengthy evolutionary process. Initially when this was approved in 2005 it predated the Ten Mile area specific plan, predated the Unified Development Code. I know that -- my understanding was the Council struggled with it, because it was designed with 70 four- plex units, which had one elevation. De Weerd: They are ugly. McKay: I agree with you. And it ended up getting through the process. They went ahead back in 2006 and went into engineering design, final plat, and about a million dollars worth of infrastructure was installed on this particular piece of property. The sewer, the water, gravity irrigation, most of the pressurized irrigation, a small portion of the concrete and, then, the base. A time extension came back before this body in 2008 -- oh, I skipped a spot. The initial developer basically allowed the project to go into foreclosure and it was going back to Banner Bank. Mr. Wolfe stepped in, he was the original owner of the property, and, basically, took that position. Then a -- he had a different developer come to him who had a new idea of doing row houses, some townhomes, condominiums, had a mixture of Cape Cod, Mediterranean, and Prairie style multi-family dwellings. The Council went ahead and said we will approve that time extension and we are going to attach these elevations with it. That particular developer determined that the project at that time was not economically feasible and so he ended up walking away and it went back to Mr. Wolfe. He came to us and we looked at it, consulted with the architect came up with a new idea to mix in some apartment buildings into that particular site plan. Obviously, we have the existing infrastructure that limited what we could do and we came up with what we thought was a better mix of multi-family units. We did get the approval from the Planning and Zoning Commission for that conditional use modification and, then, Mr. Wolfe proceeded to kind of step back and consult with experts in multi-family marketing development in the state and out of state. We took about 12 to 15 months to analyze this project and it was determined that based on the four-plex component and the density around just a little over 11 dwelling units per acre. This project would not be viable. There is no four-plex market. It -- you know, it was a hot market, a lot of them were 1031'd into and we are seeing a lot of them being dumped on the market, foreclosed upon, and that's just I'm told is a dead product at this time. So, in our analysis we came to the conclusion, based on these experts that if we were going to have any type of a viable multi-family project we had to have about 15 dwelling units per acre. Now, the property is zoned R-15. However, the development agreement as far as the density that was approved was limited to the 11.35 dwelling units per acre. So, in this new plan we came up with what we felt was -- was areally good mixture. We have two story 12-plexes, three story 18-plexes, two story 16-plexes, three story 24-plexes and we have the two story duplex units which have an underside garage. Each of these buildings we had provided two elevations. Meridian City Council February 1, 2011 Page 24 of 28 We worked closely with Pete and Sonya trying to make sure that this came as close to the Ten Mile specific plan as we could get it based on the limitations of the existing infrastructure. They were supportive of our efforts and I'd like to thank them, because they were very instrumental in making this come together. We also worked with Public Works, had lengthy discussions with your -- the inspector out there. That infrastructure has never been finaled out. The contractor who installed it at the time is no longer in business and so we did go out, we did an extensive as built survey to determine what was existing in the field, analyzed the plans and identified what needs to be done out there to complete this project. Public Works has worked well with us and -- and I think they will be glad to see this finally take off. As far as the amenities are concerned, we retained the same amenities as initially proposed, the clubhouse, it's about 2,900 square feet. There was a swimming pool proposed. We added a spa. There was a tennis court. A playground. We added a picnic area. We also had a fitness center. And, then, we added a community garden. Above the clubhouse there will be one dwelling unit for like a manager, so they will have someone on site at all times. Mr. Wolfe has teamed up with a group of professional multi-family developers, they have been excellent to work with on our part and we are convinced that this is a viable project. It is their intent to build this first phase, which will include a mixture of these different buildings, plus the amenities as proposed in our community center. It is their hope to -- as soon as the weather improves will go out there and complete that infrastructure that's there. It will require that we provide some civil drawings to your Public Works Department, obviously, identifying which of those services we will be abandoning and which one we will be keeping. We will have to do some new taps. So, we will have approved plans that will govern that. You have gone from like 70 buildings as originally proposed. We have 25 multi-family buildings and we have nine parking garages. So, the open -- overall open space is very extensive. I think we have about 13.69 acres of open space in this 24, 25 acre site. We meet all of the parking requirements. We accomplished that by providing a park plan and doing analysis that took us multiple weeks where we were taking the number of units in each building and, then, identifying pockets of parking within close proximity. One of the things that we had to add in order to boost our number of units was additional parking, so we created some intermittent parking areas that have like an enclosed garage on one side, open parking on the other, and that gave us the additional parking that was necessary to boost these units to where they are. We -- I did consult with the Ten Mile Christian Church all through this process. In speaking with the pastor he's excited about this project. He said he is supportive of the increase in density. He said they have a lot of facilities that these people can utilize, such as day care, they have like an elementary program, they have youth services. He said I believe this will be complimentary to the church and we are excited about it. I also consulted with the developers to the north, I think it's a project called Chesterfield Subdivision, it's single family, just north of the railroad tracks. They were supportive of the project. They said, obviously, any activity in this area will be welcomed, because activity tends to breed more activity. Through this redesign process we did work with Ada County Highway District. A traffic study was approved on this project. They determined even though we were increasing the number of units, because Ten Mile and Franklin Road intersection is being completely rebuilt, the interchange will be on line sometime this summer, that there was no need to do any Meridian City Council February 1, 2011 Page 25 of 28 type of new analysis or addendum, because it was determined it had already been studied. Turn lanes have been determined and the increase traffic would be negligible. We feel that there is a real need for this in Meridian. The Selway project, for example, I think they said that they are like 96 percent -- they have a 96 percent occupancy. It's been very successful. There was an article the other day in the Idaho Construction magazine that basically said a lot of these apartments are running between 90 and 98 percent occupancy rates and that the need for multi-family in the Treasure Valley is increasing. So, we feel that we can -- we can, obviously, meet this need. As far as the Ten Mile specific plan, it has this area designated to medium high density residential, anywhere from eight to 15 dwelling units per acre, so we fall within that range. I think the close proximity to the interstate is going to be a definite plus. People can leave this complex, jump right onto the interstate, go anywhere in the valley. They can go west over to the satellite -- the community campus -- college campus and the other BSU satellite campuses and we feel that this is going to be a good addition to this Ten Mile area. One thing I did want to note to the Council, we do have drawings -- architectural drawings. Mark Sanders did a wonderful job on our elevations. When we go from these -- these drawings -- or building drawings that were submitted, we are going to roll into actual construction drawings and he indicated that some of the buildings may lengthen ten feet or less, because there is always a little bit of deviation from what we call like a conceptual to actual building construction drawings. I wanted to mention that to the Council. I have already spoken with Sonya about it. She said, you know, she's not concerned, you know, we will report back any modifications that we make to her and we have so much open space that it's not like we are going to drop below what the requirement is under the UDC. We meet all the requirements of the UDC and we feel that -- that, obviously, this is superior to any of the other plans out there and this is an economically viable project and we can get out there and complete that infrastructure that's been deteriorating for years and missing manholes and all kinds of other issues that came to light. Does the Council have any questions that I could answer? De Weerd: Becky, I guess what is -- what is happening on Franklin between this project and the Ten Mile and Franklin intersection? McKay: As far as improvement? De Weerd: Putting an extra lane, a turn lane, what -- what in terms -- this is a lot of traffic and I don't recall what you said was the first phase impact, but that section of Franklin is not on the plan. I think -- Pete, is that an unfunded section at this point on the five year plan? Friedman: Madam Mayor, Members of the Council, I apologize, I can't answer that. That's Caleb's province and I don't have the in-depth knowledge of ACHD's work program that he does. I can certainly find out and get back to you. De Weerd: Do you know, Becky? Meridian City Council February 1, 2011 Page 26 of 28 McKay: Madam Mayor, Members of the Council, we -- we received a staff report from Ada County Highway District. The plan is to built turn lanes to facilitate the additional traffic in this project. Now, I think some improvements were installed by the Ten Mile church and, then, some of the improvements, obviously, left -- remain unfinished, because they were the responsibility of this project. The turn lanes are the responsibility of this project to go in an finish paving the other half of that roadway is the responsibility of this project. Currently Mr. Wolfe has a letter of credit on the file with Ada County Highway District to assure that these improvements will be installed. So, ACHD has looked at this and said based on the traffic generation this is what you need to do to accommodate it. So, we will be widening that section of Franklin with those turn lanes. As far as being in their five year plan, I'd have to check the ACRD report and see what they stated in my site specific. I don't recall that it was. De Weerd: Yeah. I think there is some contingency for it. Rountree: I don't think it's there. De Weerd: Yeah. Okay. Council, questions? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Becky, on the transportation line, I know your preliminary plat shows the -- currently would be a cul-de-sac, but it has what's apparently going to be an extension that will cross the lateral and continue onto the west. I just want to verify that that's correct and suggest for the DA -- as you develop the DA that that cul-de-sac and that access point be delineated in the field with a sign so that folks know that in the future there is going to be collector to the west off of that access point, so we don't get any confusion about what may or may not be occurring there. McKay: Councilman Rountree, that's a good idea. Yes, that is already dedicated, because it was done with the plat predating our involvement. There is supposed to be a connection there. There is also a trust fund with Ada County Highway District -- Rountree: The bridge. McKay: -- for a proportionate share of that bridge. So, yes, signing that would be acceptable. Rountree: Okay. Thank you. Hoaglun: Anything further, Becky? Meridian City Council February 1, 2011 Page 27 of 28 McKay: No. Unless you have any other comments or concerns that I could address. Hoaglun: Okay. Thank you. This is a public hearing. Is there someone else who wishes to testify this evening on this issue? Okay. With that, Council, any further questions of staff? Rountree: I have none. Bird: I have none. Mr. President, hearing no more testimony or information needed, move that we close public hearings MDA 10-011 and CUP 10-014. Rountree: Second. Hoaglun: It's been moved and seconded to close the public hearing on MDA 10-011 and CUP 10-014. That's roll call; right? No. All those in favor say aye. No opposed? Passed. MOTION CARRIED: THREE AYES. ONE ABSENT. Hoaglun: Council? Bird: Mr. Vice-President? Hoaglun: Mr. Bird. Bird: I move that we approve MDA 10-011 with staff and applicant testimony. Rountree: Second. Hoaglun: There is a motion to approve MDA 10-011. Madam Clerk, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Mr. President? Hoaglun: Mr. Bird. Bird: I move we approve CUP 10-014 with staff and applicant testimony. Rountree: Second. Hoaglun: Motion is to approve CUP 10-014. Madam Clerk, will you, please, call the roll. Meridian City Council February 1, 2011 Page 28 of 28 Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Hoaglun: That brings us to the end of our agenda for this evening. Rountree: Hopefully the third time is a charm. Bird: Yeah. Make it go, Beck. Madam Mayor? De Weerd: Mr. Bird. Bird: I move we adjourn. Rountree: Second. De Weerd: All those in favor. All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 8:20 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR T M De WEERD DATE APPROVE, ,,:~ / B ' / ~1 1`' °'s _ ~ X45 ATTE :~ ~~~;~ ~ ~ fl,:;~ '~ J Y E LM ' arm ~ ~:~ ~>, .~' ~~ ~~~ t ~~, ~. ~,~ 9 ife .. d i Item #9A: City of Meridian (Pecchenino) Annexation (AZ-10-004) Application(s): - Annexation Size of property, existing zoning, and location: Road. Fig 0 CITY OF~L_:;,: This site consists of 1 acre, zoned RUT ~1~~5@~ated at 1955 N. Ten Mile Summary of Request: The Meridian Public Works Department requests approval to annex and zone one (1) acre of land from the RUT zoning distract in Ada County to the R-4 district in the City. The purpose of the annexation is to provide city services to the subject property which are necessitated by the proximity of the City's water reuse infrastructure project to domestic well. A contractual agreement on the terms and costs of the service installation between the City and the owner will be prepared in place of a development agreement. The property owner has consented to the annexation and has granted permission to the City to act on their behalf in respect to the annexation application. There is no development proposed with the annexation. Future development will be subject to the development standards of the UDC in effect at the time of development. Currently, the property owner is storang recreational vehicles on the property. Initially staff believed this property was being used an accessory outdoor storage facility. After speaking to the owner of the property, this is not the case and the additional RV's are being stored for friends. However, the UDC still requires the RV's to be screened a 6-foot solid fence. The Public Works Department has agreed to coordinate with the property owner for the construction of the new fencing along the eastern and northern boundary. Staff anticipates the new fencing to be in place in conjunction with the home being hooked-up to city services. Commission Recommendation: Approval at the January 6, 2011 Public Hearing Summary of Commission Public Hearing: i. In favor: City of Meridian Public Works Department ii. In opposition: None iii. Commenting: Warren Stewart iv. Written testimony: Treasea Pecchenino Key Issue(s) of Discussion by Commission: i. The storage of recreational vehicles on the property and the UDC requirements for screening. Key Commission Change(s) to Staff Recommendation: i. Commission modified condition of approval 1.1.4 to read the recreational vehicles shall be screened with a 6-foot solid fence in accord with UDC 11-3C-4A.2. ii. Inserted ACHD's comments on the annexation in Exhibit B of the staff report. Comments were not available at the time of the Commission hearing. Written Testimony since Commission Hearing: None Outstanding Issue(s) for City Council: i. None Notes: Item #913: ACHD Ten Mile Annexation (AZ -10-005) Application(s): ➢ Annexation Size of property, existing zoning, and location: This site consists of 1.5 acres (3 parcels), zoned R1 in Ada County, and is located on the southwest corner of Ustick Road and Ten Mile Road. Summary of Request: The Meridian Public Works Department requests approval to annex and zone three (3) parcels of land from the R1 zoning district in Ada County to the R-4 district in the City. The purpose of the annexation is to provide water service to the subject properties which are necessitated by the proximity of the City's water reuse infrastructure project to domestic wells. Per UDC 11-3A-21, the City Engineer has waived the requirement for connection to city sewer due to lack of any development plans and the additional costs of extending a sewer main to service the properties. It is anticipated that sewer service will be installed when the property redevelops in the future. Also, the two parcels adjacent to the Ten Mile and Ustick intersection house several non -conformities which include a construction business and structures and lots that do not comport with the dimensional standards in the R-4 zone. Because of these issues, a development agreement is desirable with the subject annexation request. Commission Recommendation: Approval at the January 6, 2011 Public Hearing Summary of Commission Public Hearing: i. In favor: City of Meridian Public Works Department ii. In opposition: None iii. Commenting: Warren Stewart iv. Written testimony: None Key Issue(s) of Discussion by Commission: L The non -conformities on the property. Key Commission Change(s) to Staff Recommendation: L None Written Testimony since Commission Hearing: None Outstanding Issue(s) for City Council: i. Annexing non -conforming property. Notes: Item #9.C & D: Silver Oaks (CUP-10-014; MDA-10-011) Application(s): - CUP for amulti-family development consisting of 369 dwelling units in an R-15 zoning district - Development agreement modification to nullify the existing DA & approve a new DA based on the new development. Size of property, existing zoning, and location: This site consists of 24.61 acres, is currently zoned R-15, and is located north of W. Franklin Road, approximately'/< mile west of N. Ten Mile Road. History: This property was annexed in 2005 with a DA and tatted with 1 tar a multi-famil lot the sub'ecf roe & 1 p () g Y( J p P dY) () commercial office building lot (to the south). ACUP/planned development was approved for a multi-family development consisting of 4- plexstructures w/280 units. A Time extension was later approved that included a new design concept w/row houses & condominiums. A subsequent CUP modification changed the development plan back to 4-plex structures with the addition of 12-plex and 16-plex structures. Infrastructure consisting of sewer, water, utilities, storm drainage, gravel road base and some concrete work exists on the site. Summary of Request: CUP approval of amulti-family development consisting of (25) two & three story structures with (92) one- bedroom units, (185) two-bedroom units, and (92) three-bedroom units for a total of 369 units on 24.61 acres of land at a density of 14.99 d/u per acre. A total of 5.62 acres (or 22% of the site) of open space is proposed along with the following amenities: a 2,931 s.f. clubhouse, 1,404 s.f. fitness center, pool/spa, tennis court, picnic area, playground, community garden, and pathways. Surface parking (covered & uncovered) & 8 parking garages are proposed in accord with UDC standards. This property is proposed to develop in (3) phases; the first phase will include construction of the clubhouse & associated amenities along with the remaining portion of N. Umbria Hills Avenue. The site plan depicts a stub street (W. Perugia Street) to the Kennedy Lateral at the west property boundary for future extension, in compliance with the Ten Mile Interchange Specific Area Plan which designates a collector street through this site. A road trust exists w/ ACHD for half the cost of construction of a bridge across the Kennedy Lateral, as required by the DA. There are 2 different elevations proposed for each building type with variations in architecture, roof design, color, and construction materials for variety. Construction materials consist of a variety of siding materials including, board & batten, lapped cement board, and shake siding with stone veneer accents and composition asphalt shingles. Each elevation incorporates 3 different types of materials for variety. A total of 3 different color combinations are proposed for the structures. Design review approval has been granted by staff for the proposed structures and site design. A development agreement modification is requested to nullify the existing DA & approve a new DA based on the new development. Commission Recommendation on CUP: Approval of the CUP at their January 6~h public hearing Summary of Commission Public Hearing: v. In favor: Becky McKay; Graye Wolfe vi. In opposition: None vii. Commenting: None viii. Written testimony: Steve Moore; Becky McKay Key Issue(s) of Discussion by Commission: ii. Commendation on the new site design & building elevations Key Commission Change(s) to Staff Recommendation: iii. Strike DA provision #1.1.b (Council waived the requirement to the the Kennedy Lateral w-th the final plat for Umbria Sub.) Written Testimony since Commission Hearing: None Outstanding Issue(s) for City Council: i. None Staff Recommendation on MDA: Approval w/the provisions in the staff report Notes: Meridian City Council Meeting DATE: February 201 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve Minutes of January 18, 2011 City Council Regular Meeting MEETING NOTES ~~~" CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 1 2011 ITEM NUMBER: 5 PROJECT NUMBER: ITEM TITLE: Acceptance Agreement for Display of Artwork of Karyn deKramer in Initial Point Gallery, March 25 to April 22, 2011 MEETING NOTES /' CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~a a~a- _ n--~ql~,,.i -ham Sh~re~- ~'~~~ fv Kam h P~ Page ~ ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 7L day of !fan ~, ac r~ , 2011 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Karyn deKramer, an individual person whose address is 1418 N. 6th, Boise, Idaho ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on November 4, 2010, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on December 21, 2010, by the passage of Resolution no. 10-762, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primazily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on March 25, 2011, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, approximately 16~~~ sixteen (16) paintings, which pieces shall substantially conform to the description o such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on March 25, 2011 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from Mazch 25, 2011 to April 22, 2011, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on Apri122, 2011, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Artist and the Gallery Curator. ACCEPTANCE AGREEMENT PAGE I INITIAL POINT GALLERY DISPLAY II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display her artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 V. DIS_ PLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, rnazketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, mazketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, mazketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION WAIVE AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist, her servants, agents, employees, guests, and/or business invitees. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance is Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall beaz any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepazed for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non -Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require her artistic talent or expertise. Artist may subcontract or assign obligations that do not require her artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 Artist: Karyn deKramer 1418 N. 6th Boise, Idaho 83702 (208) 484-0541 karyn@dekramerart. com Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 887-6473 dwight5332@q.com C Emily Kane, Deputy City Attorney City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 898-5506 ekane@meridiancity.org Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~ day of ~cwLH,4 ry , 2011. ARTIST: ~~ Karyn de er CITY OF MERIDIAN: Tammy de ee ,Mayor \\~~~~y pF ~j ~9%, ~~ O `~' ~' ~ +r ti '~; Fo Attest• - $EAL Jaycee Hol an, City Clerk _ ~ =, ,~ \` -. -~o~~~sr ~s~ • ~~°.-~ ACCEPTANCE AGREEMENT INTfIAL POINT GALLERY DISPLAY PAGE 6 Exhibit A Meridian Commission Call for Artists: 2011 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2011 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space for hanging two- dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art; artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery. Three- dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees may reapply biennially. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2011 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application R Acknowledgements form; • Biography of the artist or informational statement regarding organization; • Letter of intent; Five (5) digital images representational of the works proposed. for display, on a CD (for organizations, each image must be of a different artist's work); and • $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted cannot be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 29, 2010. SELECTION PROCESS: The selection of art for the 2011 Initial Point Gallery Series will be made by MAC. MAC will notify selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: • Volunteers to assist artist/organization with installing and removing each piece of artwork; Track system for hanging 2D art, using wires that are attached to hooks; Four enclosed pedestals for 3D art, each approximately 24 inches square; • Space for artist information and/or an information board; and • Publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission Attn: 2011 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 By a-mail: macC~meridiancity.org Exhibit B Meridian Commission App(icotion Ft Acknowledgments: 2011 INITIAL POINT GALLERY SERIES ARTIST/ORGANIZER CONTACT INFORMATION: Check one: ®'I am submitting this form as an individual artist. ^ 1 am submitting this form on behalf of an organization. Artist/Org. Name: Organizer name: E-mail address: Mailing Address: Physical Address: Phone numbers: SawtG Day: --------> Evening: > Cell: ~2 BI ~f $~ ''OS'~l APPLICATION OVERVIEW' Check all that apply: ~/wa propose to fill one half of Initial Point Gallery with two-dimensional artwork. ^ I/we propose to fill the entire Initial Point Gallery with two-dimensional artwork. ^ I/we propose to fill these display cases with 3D artwork: ^ 24"Wx24"Dx42"H ^ 24"Wx24"Dx36"H ^ 24"Wx24"Dx3p"H ^ 24"Wx24"Dx24"H Number of 2D pieces: ~ S t-o ~,(„ .Average size of 2D pieces:_~~~~C ?_~~' Number of 3D pieces: Average size of 3D pieces: APPLICATION MATERIALS: ~ Completed, signed Application at Acknowledgements Form Cg" Biography of artist or informational statement regarding organization, no longer than one 8'fi x 11" page; fY A letter of intent, describing: a. Artist/Organization's vision for and/or theme of the proposed display; b. Number, dimensions, prices, and medium or media utilized in the works to be displayed; c. Any publicity that the Artist/Organization plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. @~ Up to five digital images of work representational of the artist's/organization's work on a CD, resolution of 300 dpi at a minimum size of 5x7", in .jpg format. Please name each image file with artist's last name or organization name and the title of the work (e.g.: name.title.jpg). Materials submitted will not be returned. Damaged or non- compliant CDs and/or images will not be considered. Images will not be accepted via a-mail. $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. DISPLAY INFORMATION: Initial Point Gallery is equipped with a track system for hanging two-dimensional artwork. Artwork displayed in the gallery will be hung from cables using hooks, and therefore must be equipped with one D ring on the back of the frame, or two D rings on the side rails on the back of the frame, as illustrated below. The D-rings should be approximately a quarter of the distance of the total frame height from the top of the frame in order to avoid slanting away from the wall. Wires, eyehooks, and clip frames may not be used for hanging, and are not allowed. Initial Point Gallery also provides four display cases, each with different dimensions, for displaying three-dimensional artwork. *--r ~` 3._8. ~/ ~Z' 'k- ~ // ,. ~- z' -~ ? -6' // at i' 3' `iI fie" ~' /~ 3'-6" -i~ '1. - ACKNOWLEDGMENTS: I, ~ar~l N ~'e~a'-~'`'~ ,hereby acknowledge the following stipulations and agree that if this proposal is selected for display at Initial Point Gallery, such display shalt occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance " Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. ~ B. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will exercise professional care in handling and securing alt artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. C. Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the "~" artist. The City of Meridian shall not provide insurance to cover toss, theft, or damage of artwork displayed in Initial Point Gallery. yam( '~' ` D. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an "~"~ informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. • E. While it is intended that each exhibit in Initial Point Gallery wilt be displayed for aone- to two-month ~L period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. ,,J '~` ` ' F. The City may display the work of more than one artist or organization in Initial Point Gallery at any ~+R itli time, at the City's sole discretion. G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created '" ~ by the artist (or by artist members of the organization) submitting this application. ,~ H. Meridian City Halt is primarily a place of public business and Initial Point Gallery is a public place. The City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the teens set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. r Signature: ~+r~'^~ Print name: ~~ ~ ~G ra. w~e.~ Date: ~~- 2~~,20/O To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, Wa U.S. mail, to: Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Avenue Meridian ID 83642 Thank you for your interest! October 20,2010 Meridian Arts Commission 33 East Broadway Avenue Meridian ID 83642 To the Meridian Arts Commission Please consider my application to exhibit in the Initial Point Gallery a series of my original watercolor paintings themed `A Wash in Wildlife'. I am a local watercolor artist with a passion for wildlife and nature. I grew up exploring and appreciating the magnificent wilds of Idaho. I have a Bachelor of Arts degree from Boise State University with an emphasis in watercolor. I have attended workshops from many top artists such as Robert Bateman, Pat Weaver, Frank Webb, etc. My artistic achievements include acceptance and awards in juried Idaho Watercolor Society shows. My work has been shown in the online gallery of Wildlife Art Journal. I currently teach private art instruction from my home studio. The Initial Point Gallery is a beautiful space to show art. I feel my paintings will fit well within this space and entertain those who visit the gallery. My paintings tell a story of wildlife and nature in a realistic manner using watercolor medium. My artistic style draws the viewer into the heart and soul of my subjects through the use of expressive poses, dramatic mood and a textural sense of fur and feather. My intent is to exhibit a series of original watercolor paintings themed `A Wash in Wildlife'. This theme represents a play on words, `awash' representing the meaning `filled'(as in filled with awe and inspiration of wildlife, nature and art) and also `a wash' representing the painting technique of washing a mixture of water and paint pigment onto a surface. All paintings are realistic representations of encounters with wildlife. I plan to utilize half the gallery space provided with 15 to 16 professionally framed pieces which range in size from 18x21 to 20x38 and are priced from ($700.00 - $1,500.00). Thank you for considering my application to exhibit `A Wash in Wildlife'. I feel my paintings will entertain visitors to the Initial Point Gallery drawing them into the heart and soul of wildlife, nature and artistic expression. Please feel free to contact me with any questions. Sincerely, Karyn deKramer ~G~ J~ GAG Contact info: karyn~a dekramerart.com Karyn deKramer 1418 N. 6a', Boise, ID 83702 . Phone:208-484-0541 Karyn deKramer Artist Bio Born in Idaho, Karyn deKramer has spent much of her life exploring the great outdoors. She is awed and inspired by nature and the complexities of wildlife. She has a passion for capturing her experiences in paint. Her painting style is realistic and expressive, reflecting her love of wildlife and nature. Karyn holds a Bachelor of Arts degree from Boise State University with emphasis in watercolor and has studied with many nationally known artists such as Robert Bateman, Stephen Quillen, Pat Weaver, Frank Webb, etc. She has spent many yeazs developing a quick sketching technique to capture animals on the move and textural brushstrokes that describe fur and feathers in watercolor. She is a member of the Idaho Watercolor Society and regulazly enters local juried shows where she has won awards. Her work has been displayed in the online gallery of Wildlife Art Journal. Golden Eagle Audubon Society chose her work to adorn their thank you cards. With an adventurous personality and zeal for travel Karyn has experienced a wide array of wildlife in many environments. With a creative eye, she explores areas from her back yard to abroad, experiencing unique encounters with life and nature that influence and inspire her paintings. As an avid hiker, cross country skier and cyclist she enjoys recreational opportunities that enable her to be engulfed in nature. The Boise foothills, Yellowstone National Park and the Sawtooth National Recreation Area are some of the many places she loves to frequent. Her travels include conservation work with leatherback turtles, an ecology trip to Africa and binding in Costa Rica. She stands on the side of conservation and is a member of Golden Eagle Audubon Society and The Peregrine Fund. The artistic style she has developed embodies the complexities of the natural world in the luminous medium of watercolor. Within her watercolor washes and brush strokes the viewer can find the fascination and reverence she has for wildlife. Her paintings tell a story, bringing out personalities and traits. Expressive poses, dramatic mood and a textural sense of fur and feather capture the heart and soul of her subjects. She enjoys bringing to light the beauty and significance of even the most common, overlooked creatures. Her paintings express a quiet stillness and the peace of an unobtrusive observer. "Every artist dips his brush in his own soul And paints his own nature." -H.W. Beecher Meridian City Council Meeting DATE: February 1 2011 ITEM NUMBER: ITEM TITLE: PROJECT NUMBER: Acceptance Agreement for Display of Artwork of Kevin Flynn in Initial Point Gallery, June 17 to July 15, 2011 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Qr~glrLCZ.1 -b e ~ ~'q,J ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the ~_ day of , 2011 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Kevin Flynn, an individual person whose address is 506 S. Hazding Street, Boise, Idaho ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on November 4, 2010, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on December 21, 2010, by the passage of Resolution no. 10-762, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on June 17, 2011, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, approximately forty (40) plates, and at least four (4) ceramic sculptures, which pieces shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for installing such artwork on June 17, 2011 at the direction of the Gallery Curator; shall allow the. display of such work in Initial Point Gallery from June 17, 2011 to July 15, 201 1, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on July 15, 2011, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Artist and the Gallery Curator. ACCEPTANCE AGREEMENT INrrIAL POWT GALLERY DISPLAY PAGE 1 II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display his artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for salley No yrPe shall be displayed on or be proximate to any piece on display in Initial Point Galle Ci ersonnel shall not facilitate in any way the sale of Artisist acknowled~es~thetCommission s request that artwork shall be handled solely by Artist. g Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point ode such artworkefrom the Galleryf provided that display in Initial Point Gallery, Artist may rem Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT PAGE 2 INITIAL POINT GALLERY DLSPLAY V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork pro ddreated b ISArtistdisplay in Initial Point Gallery shall be, and is, original work concelved an Y B. Photographs of artwork. City may photograph the alrtworaknddl ubliceinformation.olWherelery, as City may deslre for purposes of advertlsing, market g, p practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have thoe ~ ma° be tempor~arystor permoanent In public dlsplay at any time and for any reason. Such rem y nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall 11 ~~ k rior to suchlactyivity, whether such ~~ replacement, and/or substitution of any and a P activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. _ _ `1I. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist, his servants, agents, employees, guests, and/or business invitees. ACCEPTANCE AGREEMENT PAGE 3 INITIAL POINT GALLERY DISPLAY B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance is Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, andJor displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death.or incapacity of Artist. This Agreement shall automatically - terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT PAGE 4 INITIAL POINT GALLERY DISPLAY VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent parry and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho, F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require his artistic talent or expertise. Artist may subcontract or assign obligations that do not require his artistic talent or expertise. All of the -- terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: ACCEPTANCE AGREENffiNT INITIAL POINT GALLERY DISPLAY PAGE 5 Artist: Kevin Flynn 506 S. Harding St. Boise, Idaho 83705 (208) 378-1112 head@potterscenter.com Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 887-6473 dwight5332@q.com Cit : Emily Kane, Deputy City Attorney City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 898-5506 ekane@meridiancity.org Any party may change its respective address for the purpose of this pazagraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. .~-~} WITNESS WHEREOF, the parties hereto have executed this Agreement on this~0 ' day IN of ~~IV ~Y , 2011. ARTIST: Kevin Flynn CITY OF MERIDIAN: ...~ i . ~ `~„~,~~~~turrrr~r BY: ~~~~ ~ ~ ,~''e~-`.~ ~~ ` ,,,` of M~io;'~%, Tammy de I~ rd, Mayor ,~~~ '9y ''; Attest: SEAL ~ qty Jaycee H an, City Clerk = '; ` Q.. ~~ ,, /'~~' q CDUNT~ ~ ~~ ~\` '~`''rr,-niii n,~~~``~~ ACCEPTANCE AGREEMENT PAGE 6 INITIAL POINT GALLERY DISPLAY Exhibit A Meridian Commission Cal( for Artists: 2011 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2011 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space for hanging two- dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art; artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery. Three- dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees may reapply biennially. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2011 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application R Acknowledgements form; Biography of the artist or informational statement regarding organization; Letter of intent; Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different artist's work); and $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted cannot be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 29, 2010. SELECTION PROCESS: The selection of art for the 2011 Initial Point Gallery Series will be made by MAC. MAC will notify selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: Quality of work; • Appropriateness of subject and concept for a functioning government workplace; Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION= The City of Meridian will provide selected artists/organizations with the following resources: • Volunteers to assist artist/organization with installing and removing each piece of artwork; Track system for hanging 2D art, using wires that are attached to hooks; • Four enclosed pedestals for 3D art, each approximately 24 inches square; • Space for artist information and/or an information board; and Publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission Attn: 2011 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 By a-mail: macC~meridiancity.org Exhibit 6 Meridian Commission Application Ft Acknowledgments: 2011 INITIAL POINT GALLERY SERIES ARTIST/ORGANIZER CONTACT INFORMATION: Check one: ~1 am submitting this form as an individual artist. ^ I m submitti this form on behalf of an organization. Artist/Org. Name: ~ ~/~..1 ~LYJJnI Organizer name: E-mail address: Mailing Address: Physical Address: Phone numbers: APPLICATION OVERVIEW: Check all that apply: jll(I/we propose to fill one half of Initial Point Gallery with two-dimensional artwork. ^ I/we propose to fill the entire Initial Point Gallery with two-dimensional artwork. ~I/we propose to fill these display cases with 3D artwork: Bf 24"VVx24"Dx42"H ~ 24"Wx24"Dx36"H PX24"Wx24"Dx30"H «ft~'l4"Wx24"Dx24"H Number of 2D pieces: i-~aw QI~C MM7 ~r T+~11<E~ Average size of 2D pieces: /~ 'Tr 2y Pt-q~TES „ Number of 3D pieces• `" `' Average size of 3D pieces~TFtE.Y vN+GY L " 'rt, 30 APPLICATION MATERIALS: ~ Completed, signed Application Q Acknowledgements Form ~ Biography of artist or informational statement regarding organization, no longer than one 8r4 x 11"page; (~ A letter of intent, describing: a. Artist/Organization's vision for and/or theme of the proposed display; b. Number, dimensions, prices, and medium or media utilized in the works to be displayed; c. Any publicity that the Artist/Organization plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. ~, Up to five digital images of work representational of the artist's/organization's work on a CD, resolution of 300 dpi at a minimum size of 5x7", in . jpg format. Please name each image file w(th artist's last name or organization name and the title of the work (e.g.: name.title. jpg). Materials submitted will not be returned. Damaged or non- compliant CDs and/or images will not be considered. Images will not be accepted via a-mail. !~. $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. DISPLAY INFORMATION: Initial Point Gallery is equipped with a track system for hanging two-dimensional artwork. Artwork displayed in the gallery will be hung from cables using hooks, and therefore must be equipped with one D ring on the back of the frame, or two D rings on the side rails on the back of the frame, as illustrated below. The D-rings should be approximately a quarter of the distance of the total frame height from the top of the frame in order to avoid slanting away from the wall. Wires, eyehooks, and clip frames may not be used for hanging, and are not allowed. Initial Point Gallery also provides four display cases, each with different dimensions, for displaying three-dimensional artwork. / z ff /j x-s- ~ ~ g•_g- s, J ~ ~ - ~~ / t •I - ~ 3 -8 t r s• ~~ ~~ ~• ACKiN/OWLEDGMENTS: I, 1~~ i ~ ~L`~~/~ ,hereby acknowledge the following stipulations and agree that if this proposal is selected for display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other spedfic terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: A. Before my work wilt be displayed in Initial Point Gallery, I will be required to enter into an Acceptance Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. ~ 13. if my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. C. Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. ~~ D. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an ti>~ infon~national table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in initial Point Gallery may have a visible price tag. E. While it is intended that each exhibit in Initial Point Gallery will be displayed for aone- to two-month period, this period may be shortened by the City of Meridian for any reason, without notice to the c~ artist or organization. ~' F. The City may display the work of more than one artist or organization in Initial Point Gallery at any time, at the City's sole discretion. G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created by the artist (or by artist members of the organization) submitting this application. H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feet welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. 1 do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. ~'/~~ -~ 1~,-~~r ~Y~~ Signature: Print name• Date: ~~ "' Z ~ ' liJ To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Avenue Meridian ID 83642 Thank you for your interestl Kevin Flynn EDUCATION Southern Oregon University, Ashland, Oregon BA Fine Arts 1997 1997 to present Assistant Manager, Studio Director & Instructor The Potter's Center, Boise, Idaho Currently Represented by Gallery 55, McCall, Idaho Basement Gallery, Boise, Idaho Gypsy Gallery, Boise, Idaho Statement As a potter I enjoy building on the traditional principles of ceramics to create my own new and distinctive pieces that break the existing boundaries of clay...atways trying to reach an unexplored and imaginative level of ceramic creativity. Lette r of Intent I intend on making the space pleasing to the eye. My vision is to have my pottery be seen, to turn some heads, to start conversations. will have as many pieces as it takes to create a nice display. My works vary in size from small functional wares to large sculptural pieces and the prices range from $50 to $250. Meridian City Council Meeting DATE: Februa ~~11 ITEM NUMBER: ITEM TITLE: 1 PROJECT NUMBER: Acceptance Agreement for Display of Artwork of Sandra L. Shaw in Initial Point Gallery, November 4 to December 2, 2011 MEETING NOTES ~~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS (~ ©Y 1 Q l -SIA I ~ J kLeJ~(2°~% ACCEPTANCE AGREEMENT: ^ DISPLAY 4F ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POIN GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the ,~ day of 2011 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"}, and Sandra L. Shaw, an individual person whose address is 2245 Roanoke Drive, Boise, Idaho ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on November 4, 2010, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; ~. WHEREAS, at its regular meeting on December 21, 2010, by the passage of Resolution no. 10-762, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on November 4, 2011, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, approximately twelve (12) paintings, which pieces shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on November 4, 2011 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from November 4, 2011 to December 2, 2011, in accordance with the terms of this ~ Agreement; and shall be responsible for removal of such artwork on December 2, 2011, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Artist and the Gallery Curator. ACCEPTANCE AGREEMENT PAGE 1 INITIAL POINT GALLERY DISPLAY II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display her artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of '~ this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 V. DISPLAY. n A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. r,,,\ E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION, WAIVER. AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist, her servants, agents, employees, guests, ~ and/or business invitees. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against Ci ~ including the right of contribution for loss and damage to persons or prope arisin from growing out of, or in any way connected with or incident to Artist's perfo ance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance is Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or ~„` condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT INITL4I, POINT GALLERY DISPLAY PAGE 4 VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlazged, modified or altered except upon written agreement signed by both parties hereto. ~ E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require her artistic talent or expertise. Artist may subcontract or assign obligations that do not require her artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: ACCEPTANCE AGREEMENT INITiAi, POINT GALLERY DISPLAY PAGE $ Artist: Sandra L. Shaw 2245 Roanoke Drive Boise, Idaho 83712 (208) 333-1446 sandrashaw@cableone.net Gallery Curator Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 887-6473 dwight5332@q.com C Emily Kane, Deputy City Attorney City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 898-5506 ekane@meridiancity.org Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~ `day of , 2011. ARTIST: andra L. Shaw CITY OF MERIDIAN: Tammy de a rd, Mayor `~o~' ~TFO , Attest• SEAL o~' Jaycee Ho City Clerk °' p ' '~~~ .9O GST 1ST ~. `. ,~~~~ ,9 `OQ, ``\\~. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 Exhibit A /'\ ~-,, Meridian Commission Call for Artists: 2011 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2011 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hatt (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space for hanging two- dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 2046 of proceeds from sates of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art; artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery. Three- dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees may reapply biennially. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2011 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application 8 Acknowledgements form; • Biography of the artist or informational statement regarding organization; ~• Letter of intent; Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different artist's work); and • $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http:/Jwww.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted cannot be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 29, 2010. SELECTION PROCESS: The selection of art for the 2011 Initial Point Gallery Series will be made by MAC. MAC will notify Selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: • Volunteers to assist artist/organization with installing and removing each piece of artwork; • Track system for hanging 2D art, using wires that are attached to hooks; • Four enclosed pedestals for 3D art, each approximately 24 inches square; • Space for artist information and/or an information board; and • Publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission Attn: 2011 Initial Point Gallery Series ''r`~ 33 East Broadway Avenue Meridian ID 83642 By a-mail: macC~meridiancity.org Exhibit B ,~"~ .-. Meridian Commission Application £t Acknowledgments: 2011 INITIAL POINT GALLE ARTIST/ORGANIZER CONTACT INFORMATION: RY SERIES Check one: 1~1 am submitting this form as an individual artist. O I am submitting this form on behalf of an organization. Artist/Org. Name: L , S~ Organizer name: E-mail address; a r Ca Malting Address: ~ /?C • C Physical Address: _~a,y= e, 2 Phone numbers: Day. ~?p9.333 ./~lti~ G.,e..a..... ,..~ ~" ..T-„ APPLICATION OVERVIEW; - `'"`' """~ "~ ~i~ ' 07/ 9 Check all that apply:.~;I/we propose to fill one half of Initial Point Gallery with two-dimensional artwork. O I/we propose to fill the entire Initial Point Gallery with two-dimensional artwork. O I/we propose to fill these display cases with 3D artwork: ^ 24"Wx24"Dx42"H ^ 24"Wx24"Dx36"H ^ 24"Wx24"Dx30"H ^ 24"Wx24"Dx24"H Number of 2D pieces: ~j1 fie /!,, Average size of 2D feces: ~ ~~ Number of 3D pieces: P ~0 ~~~ X a y~ ~ alfn d~ ~~~ Average size of 3D pieces: APPLICATION MATERIALS; ~in~~ ~ ~~~ swore LIJOr,Fl , ~ Completed, signed Application &r Acknowledgements Form ~ Biography of artist or informational statement regarding organization, no longer than one 8Yz x 11 "page; ~, A letter of intent, describing: '"~ a. Artist/Organization's vision for and/or theme of the proposed display; b. Number, dimensions, prices, and medium or media utilized in the works to be displayed; c. Any publicity that the Artist/Organization plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. Up to five digital images of work representational of the artist's/organization s work on a CD, resolution of 300 dpi at a minimum size of 5x7", in . jpg format. Please name each image file with artist's last name or organization name and the title of the work (e.g.: name.title.jpg), Materials submitted will not be returned. Damaged or non- compliant CDs and/or images will not be considered. Images will not be accepted via a-mail. {~ $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. DISPLAY INFORMATION: Initial Point Gallery is equipped with a track system for hanging two-dimensional artwork. Artwork displayed in the _ gallery will be hung from cables using hooks, and therefore must be equipped with one D ring on the back of the frame, or two D rings on the side rails on the back of the frame, as illustrated below, The D-rings should be approximately a quarter of the distance of the total frame height from the top of the frame in order to avoid slanting away from the wall. Wires, eyehooks, and clip frames may no be used for hanging, and are not allowed. Initial Point Gallery also provides four display cases, each with different dimensions, for displaying three-dimensional artwork. i ~ '' ?-s- ~ z' z~-6- ~~ f i ~Y ~ ~ ~;._ ACKNOWLEDGMENTS: ~..~, ~'and~. ~/LLLG[rhereby acknowledge the following stipulations and agree that if this proposal is elected for display at Initial Point Gallery, such display shalt occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: ~~~ A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance L B. I IAL C. I AL D. 1 L E. i~ ~"~~ INITIAL /~i~R~ F. G. Agreement with the City of Mend~an establishing the specific terms and conditions of the display of the particular works displayed. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. Any insurance of the artwork displayed in Initial Point Gallery shalt be the sole responsibility of the artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. White artwork displayed in Initial Point Gallery may be passively offered for sale by means of an informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. While it is intended that each exhibit in Initial Point Gallery will be displayed for aone- to two-month period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. The City may display the work of more than one artist or organization in Initial Point Gallery at any time, at the City's sole discretion. Artwork submitted for display in Initial Point Gallery must be original works conceived and created by the artist (or by artist members of the organization) submitting this application. H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. Signature: //~~ Print name: ~~/~~,~~ ~~ Date: <JC~' ~.~, 0~0/ C~ To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Avenue Meridian ID 83642 Thank you for your interest! SANDRA L. SHAW 2245 Roanoke Drive Boise, Idaho 83712 (208) 333-1446 E-mail: sandraahaw~cableone.net EDUCATION University of Idaho, College of Law, Moscow, Idaho Juris Doctor Degree, May 1981 Muskingum College, New Concord, Ohio Bachelor of Arts in English 1969 Minor in Fine Arts ART EXPERIENCE Signature member of the Idaho Watercolor Society and afour-time award winner with IWS; currently have a painting in their traveling show Part of asix-person show at the Basement gallery, November 6 through December 2008 Volunteer at the Boise Art Museum, 2006 -2010. ~ Booth at the Capital City Public Market, Boise, ID, selling original watercolors, prints and cards, June though September 2010 Watercolor or oil workshops with Pat San Soucie, Ann Templeton, Cathy Woo, Judy Morris and Jeny Beagle, 2000 - 2010. Show at the Eagle City Hall, Eagle, ID, March 2012 LEGAL EXPERIENCE Deputy Attorney General, State of Idaho, Boise, Idaho, October 2000 to May 2006 Assistant County Attorney for Loudoun County, Leesburg, Virginia March 1994 to August 1999 Associate, Riach, Gese, Seather 8< Watts, Attorneys at Law, Lynnwood, Washington and Assistant Lynnwood City Attorney January 1988 to October 1992 Prosecuting Attorney for Blaine County, Sun Valley, Idaho Appointed June 1, 1985 to January 12, 1987 Deputy Prosecuting Attorney for Blaine County, Sun Valley, Idaho February 1984 to June 1985 r~ Deputy Prosecuting Attorney for Bannock County, Pocatello, Idaho April 1981 to February 1984 October 25, 2010 2245 Roanoke Drive Boise, ID 83712 208-333-1446 sandrashaw@cableone.net Meridian Arts Commission Attn: 2011 Initial Point Gallery Series 33 East Broadway Avenue Meridian, ID 83642 Dear Sir or Madam: This summer I had a booth at the Capital City Public Mazket selling cards, prints, and original watercolors. I spoke with Dwight Williams at the market and he suggested that I apply for one of your shows. Enclosed you will find my application and requested materials for participation ~,,,\ in the 2011 Initial Point Gallery Series. To give you a little information on my background, I was an art minor in college many yeazs ago but ended up practicing law for twenty-five years. When I retired four years ago, I had time to pursue painting again. I am currently doing watercolors of the Idaho landscape. I also paint abstracts. I am a signature member of the Idaho Watercolor Society and afour-time awazd winner with that organization and currently have an abstract painting in their traveling exhibit. I was also part of a group exhibit at the Basement Gallery in November and December of 2008. If accepted into your one of your shows, I would be displaying approximately ten to twelve watercolor landscapes of the Ada County, McCall and Sun Valley areas. They would be 18" x 24" or 20" x 24" framed. Prices would range from $650 to $800. I would not available for a show from June through September of 2011 due to summer art markets. Thank you for your time and attention in reviewing my submitted materials. Please do not hesitate to ca11 me in you have any questions or need further information. Sincerely, .-~~ ~~~j Sandra S ARTIST STATEMENT SANDRA SHAW sandrashaw@cableone.net 208-333-1446 The Idaho landscape never ceases to amaze me. The mountains and hills create geometrical forms that repeat themselves with variations throughout the landscape. Those forms appear to change shape and color with the time of day, the weather, and the seasons. Cloud formations in the big skies add another layer of shapes created by shadows moving across the landscape. For me, watching the Idaho landscape is like listening to music with its patterns, repetitions and variations. That is my inspiration for this series of watercolors. Meridian City Council Meeting DATE: February 1 2011 ITEM NUMBER: ITEM TITLE: PROJECT NUMBER: Acceptance Agreement for Display of Artwork of David R. Day in Initial Point Gallery, February 25 to March 25, 2011 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS alp, ~l d --- --- ~'IQ't~"ICtI ~ `~~`Le-~~ -~, -~. ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL n This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN I1~TITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the ~ day of 2011 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and David R. Day, an individual person whose address is 5024 Bel Air, Boise, Idaho ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"}; WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on November 4, 2010, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on December 21, 2010, by the passage of Resolution no. 10-762, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on February 25, 2011, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, approximately twenty-five (25) photographs, which pieces shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on February 25, 2011 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from Februazy 25, 2011 to Mazch 25, 2011, in accordance with the terms of ~ this Agreement; and shall be responsible for removal of such artwork on Mazch 25, 2011, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Artist and the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 1 II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display his artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 ~ V. DISC A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, mazketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, mazketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. ~ E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. - - VI. INDEMNIFICATION. WAIVER, AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and r~ all losses and expenses caused or incurred by Artist, his servants, agents, employees, guests, and/or business invitees. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 i-., B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance is Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or ~"1 condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death~or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT PAGE 4 INITIAL POINT GALLERY DISPLAY ~. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlazged, modified or altered except upon written agreement signed by both parties hereto. ~ E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require his artistic talent or expertise. Artist may subcontract or assign obligations that do not require his artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by ~ United States Mail, addressed as follows: ACCEPTANCE AGREEMENT PAGE 5 INITIAL POINT GALLERY DISPLAY Artist: ^ David R. Day 5024 Bel Air Boise, Idaho 83705 (208) 794-7271 daverday@gmail.com Gallerv Curator Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 887-6473 dwight5332@q.com C Emily Kane, Deputy City Attorney City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 898-5506 ekane@meridiancity.org Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this l `day of ~c , 2011. ARTIST: i2- •a- _a m~ / avid R. Day CITY OF MERIDIAN: Tammy de , rd, Mayor : ~ G~ ~'~ r q'J' ~~'-; ~ Fo SEAL Attest: ~ Jaycee Ho an, City Clerk = ~ ~' p , ~Q. \`~. ,~''' ~ CdUNTY • ~ ~~... //'''~~~t~~rn n~~t~~~~~ ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 Exhibit A n ..---~" Meridian Commission Call for Artists: 2011 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2011 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space for hanging two- dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art; artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery. Three- dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safety hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees may reapply biennially. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2011 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application i3 Acknowledgements form; • Biography of the artist or informational statement regarding organization; ~'"~ Letter of intent; Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different artist's work); and • $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted cannot be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 29, 2010. SELECTION PROCESS: The selection of art for the 2011 Initial Point Gallery Series will be made by MAC. MAC will notify selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: • Volunteers to assist artist/organization with installing and removing each piece of artwork; • Track system for hanging 2D art, using wires that are attached to hooks; • Four enclosed pedestals for 3D art, each approximately 24 inches square; • Space for artist information and/or an information board; and • Publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission ~ Attn: 2011 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 By a-mail: macC~meridiancity.org Exhibit B Meridian Commission Applrcvtion £t Acknowledgments; 2011 INITIAL POINT GALLERY SERIES 4RTIST/ORGANIZER CONTACT INFORMATION: :heck one: ^ I am submitting this form as an individual artist. O t am submitting this form on behalf of an organization. artist/Org. Name: David R. Dar organizer name: ' :-mail address: hailing Address: 'hysical Address: 'hone numbers: ___~averdav@rrmail com _ _ _ _ -.5024 Bel Air Boise Id 83705 ~ - ~~ DaY: Evening: Cell: 208-794-7271 IPPLiCAT1ON OVERVIEW: .heck alt that apply: ^ IJwe propose to fill one half of Initial Point Gattery with two-dimensional artwork. D 1/we propose to fill the entire Initial Point Gallery with two-dimensional artwork. ^ I/we propose to fill these display cases with 3D artwork: ^ 24"Wx24"Rx42"H ^ 24"Wx24"Dx36"H ^ 24"Wx24"Dx30"H ^ 24"Wx24"Dx24"H umber of 2D pieces: Z0-Z5 Ac needed Average size of ZD pieces: 16u2o umber of 3D pieces: Average size of 3D pieces: PPLICATION MATERIALS: I Completed, signed Application 8 Acknowledgements Farm I Biography of artist or informational statement regarding organization, no longer than one 8%z x 11" page; 1~1 letter of intent, describing: Artist/Organization's vision for and/or theme of the proposed display; u. Number, dimensions, prices, and medium or media utilized in the works to be displayed; c. Any publicity that the Artist/Organization plans to undertake if selected; and/or d. Any atypical.issues or challenges regarding hanging or display of the works proposed for display. Up to five digital images of work representational of the artist's/organization's work on a CD, resolution of 300 dpi at a minimum size of 5x7", in .jpg format. Please name each image file with artist's last name or organization name and the title of the work (e.g.: name.title.jpg). Materials submitted will not be returned. Damaged or non- compliant CDs and/or images will not be considered. Images will not be accepted via a-mail. $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. SPLAY INFORMATION: tial Point Gallery is equipped with a track system for hanging two-dimensional artwork. Artwork displayed in the Very will be hung from cables using hooks, and therefore must be equipped with one D ring on the back of the frame, two D rings on the side rails an the back of the frame, as illustrated below. The D-rings should be approximately a arter of the distance of the total frame height from the top of the frame in order to avoid slanting away from the ll. Wires, eyehooks, and clip frames may not be used for hanging, and are not allowed. Initial Point Gallery also ~vides four display cases, each with different dimensions, for displaying three-dimensions! artwork. ,: •-x ,~ ~ ._., .w -- -~ i ; i ...; ~,~. ~. . . ' ~ i ., .. ¢• b.. I f fJ a i .' i -f ' F 7111, i >" X k / ,.. j' 7 r, Jr -''i J ' ~~ ~f~. r , 7 .~ ~::, ~ ~i,~ T ACKNOWLEDGMENTS: I~.,pa~ia R. Day ,hereby acknowledge the following stipulations and agree that if this proposal is ted for display at Initial Point Gallery, such display shalt occur subject to these general terms and conditions, as ~veu as subject to other specific terms and conditions that shalt be set forth in a separate, written Acceptance 4gree nt between myself and the City of Meridian. I specifically acknowledge that: A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance N f~ AL +in,_.. '// Agreement with the City of Mendian establishing the specifu terms and conditions of the display of the particular works displayed. B. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any toss or damage. C. Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the artist. The City of Meridian shalt not provide insurance to cover loss, theft, or damage of artwork displayed in initial Point Gallery. D. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. E. ~' .. G. White it is intended that each exhibit in Initial Point Gallery will be displayed for aone- to two-month period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. The City may display the work of more than one artist or organization in Initial Point Gallery at any time, at the City's sole discretion. Artwork submitted for display in Initial Point Gallery must be original works conceived and created by the artist (or by artist members of the organization) submitting this application. H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Halt is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. to acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and nditions. ;nature: J Print name: David R Day ae: /d -.ra - 7~/~ propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required ~terials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Avenue Meridian ID 83642 r'~ Thank you for your interest( PERSONAL CIO After years as a semipro photographer, graphic designer, writer and salesman, a job as a magazine editor lead to a crisis with a staff photographer. At deadline, David went out and - bought the only new digital SLR in town. At a photo shoot with a local TV anchor where a beautiful magazine cover shot was achieved, the artist hook was set and a new career was launched. David's work was quickly accepted and published, both as fine art, print and commercial work . With a talent for finding a new way at looking at landmarks and city scapes, David's photos appear in magazines and books, numerous websites and corporate annual reports. The installation of his fine art works varies from dorm rooms to '`` mansions, banks to barrooms. Never satisfied with a "standard" print or presentation, David's print making has evolved to a muti-media apporch that include copper and aluminum images as well as large canvases. With. a lyrical style that includes David's "urban landscapes, and the "Metal Seris" David continues to turn his curious eye on the world. David R Day is an artist with a unique creative process. His methods allow him to bring out luminous viv/d co%rs, dimensions and composition. Bold, sing/ng colors envelope the forms which Day employs on his works of art. His style is filled with a contagious energy and vitality, which he uses, in a kaleidoscope of light and-life. _ _ JefF Champman Fine Art Dealer ~ `. totter of Intent The Meridian Idaho Arts Commission from David R. Day Hello, and thank you the interest in the art work of David R. Day. As an Idaho native I would enjoy displaying my work in Meridian. This display space is well suited for my unique take on Idaho's beauty, not just the majestic vistas, but the subtler details of it's architecture and history. I would be displaying work framed, sized from 8 inches square to much larger triptychs and/or large canvases, with prices ranging from $75.00 to $1200.00. ,. °~~ G ~ r ..~" "'~~ i~ 2c~- 74y- ~2 7 / Meridian City Council Meeting _DATE: February 1, 2011 ITEM NUMBER: 5F PROJECT NUMBER: AZ 10-003 ITEM TITLE: Borup Property Findings of Fact, Conclusions of Law for Approval: AZ 10-003 Borup Property by Neilson, Inc. Located at 2250 N. Meridian Road Request: Annexation and Zoning of 0.22 of an Acre of Land with a C-G Zoning District MEETING NOTES ~~ ~ a~~ ~~~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 1, 2011 ITEM NUMBER• 5G PROJECT NUMBER: VAR 10-004 ITEM TITLE: Fast Eddy's Ten Mile Station Findings of Fact, Conclusions of Law for Approval: VAR 10-004 Fast Eddy's Ten Mile Station by Steve Eddy Located at 750 N. Ten Mile Road Request: Variance to UDC 1 1- 4-3-39.C, Which Requires an Unenclosed Vehicle Washing Facility to be 100 Feet from a Residential Zoning District MEETING NOTES 1 Q~ ~4 C/~-~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF. SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 1, 2011 ITEM NUMBER: 5H PROJECT NUMBER: MDA 10-009 ITEM TITLE: Volterra Subdivision (North and South) Addendum to Development Agreement for Approval: MDA 10-009 Volterra Subdivisions (North and South) by Primeland Investment Group, LLC Located North Side of W. McMillan Road, Between N. Black Cat Road and N. Ten Mile Road Request: Modify the Recorded Development Agreement MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS To: Mr. Bill Parsons City of Meridian Planning Dept. 33 E. Broadway Meridian, ID 83642 Fax Number: 884-5533 PLEASE NOTIFY US IMMEDIATELY AT (208) 342-0091 IF THERE ARE ANY PROBLEMS RECEIVING THIS TRANSMISSION We Are Sending These Are Transmitted: Copied To: ~~ c^^ Quadrant Date: January Zs~2~lslu I t i n g, Inc. Project Number: 395-OS Project Name: Volterra Subdivision Regarding: Addendum to Development Agrmt. X Attached X For Your Info/File File Facsimile For Execution and Return Number of Pages Original Coming by Mail For Review and Approval As Requested 1-orieinal ~ Signed/notarized addendum to the development agreement for Volterra Subs. Comments Please find attached the signed addendum. Thanks for all your help and don't hesitate to call/email with any questions. Have a great day! Best Regards, Signed: Scott Kaufman, P.E. S 1904 W. Overland Boise, ID 83705 Phone (208) 342-0091 Fax (208) 342-0092 www.quadrant.cc Civil Engineering Surveying Construction Management ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 9 BOISE IDAHO 0?102111 11:28 AM III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIi III DEPUTY Vickl Allen 1 RECORDED-REAUEST OF 111010393 Meridian City ,~. ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Primeland Investment Group, LLC, Owner/Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated 20 t~ , ("ADDENDUM"), by and between CITY this- ~Y of OF MERIDIAN, a municipal orporation of the State of Idaho ("CITY"), and Primeland Investment Group, L,L,C, ("OWNEit/DEVEL'OPER"), whose address is 3120 W. Belltower Drive, Ste. 200, Meridian, ID 83642. RECITALS ~...~ A, CITY and OWNER/DEbVELOPF,R2 e~ntand recorded on March 7, Development Agreement that was appro az'y 2006 (Instrument # 106034786). B, CITY and OWNER~DEVELOPER now desire to amend the Development Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE. in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNE12/DEVELOPERshall bebound bythe terms of the Development Agreement, except as specifically amended as follows: 3.4 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels te-Iie aid ~~ are zoned R-4 (Medium Low Density Residential), R 8 (Medium Density Residential), C-G (General Retail and Service Commercial District), and L-O (Limited Office District) attached hereto and by this reference incorporated herein as if set forth at length. Replace current Exhibit A with the new exhibits attached as Exhibit A. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed in the '~`' ap roved R-4 (Medium Low Density) R-8 (Medium Density Residential _District) Lr0 (Limited Office) and C-G (General Retail and Service Dlstnct ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 10-009 - VoL'rIIC[tA (NoR'rx nrro SovrH) Page 1 of 5 .~ ,~ ,~ '~ ~~ ~. ,» 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 "Owners" and/or "Developer" shall develop the "Property" in accordance with the following special conditions: 1. That prior to approval of the ~5A'~ 200' residential lot, (including Volterra North and Volterra South), the 10.2 acre park (James Park) shall be constructed. 2. That the park shall include the proposed swimming pool and restrooms, the water feature (fountain), club house, the 10-foot wide multi-use athwa and the tot lot. 3. That prior to approval of the 338' 400` residential lot (including Volterra North and Volterra South), the proposed 3 acre park south of McMillan Road shall be constructed. 4. That the park shall include the proposed plaza area and playground equipment. 5. Future development in the C-G and Ir0 zones shall comely with the structure and site design standards asset forth in UDC 11-3A-19 and the g~ridelines set forth in the City of Meridian Design Manual. 6. Future homes constructed within the Volterra North and Volterra South Subdivisions shall substantial~+ comply with the samvle elevations (see Exhibit B. 7. All future development of the subiect property shall comply with Ciri of _Meridian ordinances in effect at the time of development. 8. For Phasingpurposes Volterra North and Volterra South plats shall be ,...~ reviewed as one proiect and both plats will remain valid as successive ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 10-009 - Vot'rFxRn (NOR'rx nNn SOVtx) Page Z of 5 phases receive City Engineer's signature The same anylies to anv future time extensions that may be requested. 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation iftheOwner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this Addendum, and the Ordinances ofthe City of Meridian as herein provided. 3. This Addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Addendum shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation ofthe Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Addendum if City, in its sole and reasonable discretion, had determined that Owner/Developerhgve fully performed its obligations under this Addendum. 4. If any provision of this Addendum is held not valid by a court of competent ,.r.,~ jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions or under-standing, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within 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. 6. This Addendum shall be effective as of the date herein above written. 7. Except as amended by the Addendums, all terms of the previous Agreements shall ~,,,,,, remain in full force and effect. ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 10-009 - VoLrsxxA (NORTt1 AND SOUrtt) Page 3 of 5 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this Addendum and made it effective as hereinabove provided. OWNER/DEVELOPER: PRIlVIELAND INVESTMENT GROUP, LLC ~ a ~ CITY OF MERIDIAN j" .«~'Gll~ -G~~C~=1i Mayor T ~ de Weerd \,,,,,~„~~~ ~-rrrrr Attest: ,,~``~ p}= lu4E131 ~`'~. ~j ~ OR,~ 'y ~'- o ~. O` . ~ ~~ !- Jaycee olman, City Clerk = $~+ AL ~ ~ '~°~° "''~~ ~ounrcY .~ ~', ~rrrrrlrrn 1-H~~~~`` ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 10-009 - VocTeRRA (NoRZx nNn Sou~rH) Page 4 of 5 r~ STATE OF IDAHO ) ss. County of Ada ) On this ~ day of ~hU~I , 20~, before me, the undersigneu, Notary Public in and for said State, personally appeazed ~~ ~~ S , ~•~a.~R. known or identified to me to be the ~qX f Q~~~Q ~ _ of Primeland Investments, LI.C, the Idaho limited liability company that executed the within and foregoing instrument, or the person who executed the instrument on behalf of said Idaho limited liability company, and acknowledged to me that such Idaho limited liability company executed the same. IN VVl[TNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. KIMBERLY WINKLE Notary Public State of Idaho Notary Public for Idaho Residing at: My commission expires: STATE OF IDAHO ) ss County of Ada ) On this ~ day of 1=e,~ rya,til~_, 2011_, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~~~~~~~ (SEA) ; , ~ .Q~~~: ,~. . ~ ~ • . t 1 ; ~~~, ~~'--IDA}~~• Notary Public for I o Residing at: t--(P~rl_~_,_.._1~.--- Commission expires: ~ . ~ y , av 11 ADDENDUM TO DEVELOPMENT AGREEMENT (MDA Io-009 - VOLTERRA (NORTH AND Soim~) Page 5 of 5 Fyi jcjllB! ~. Exhibit A(1) Page 1 of 2 j~ 6luadrant Consulting, Ina Volterra 3nbdirisTiota Developtateet Apbetaetat Hariidary A parcel of lend titualed in the Nam'/, of the Nardteaat'/° of Section 34 aod~~ ~ ~~ 27, T~1P 4 Nardi. ~ 1 West. Boise MerWim, Ada Canty, ldeho. mars patiatlstly IIV'!' OFg BEGIIYNII~iG; theme aao8 the ~ lhis of tlm Ns~thesrt k~Sectim~34 ~ ~ South 00° 52' 47" wort l31 ss8 feet to the Sou16aK caua of the North ~ oPsaid Iratthaaet u; thettce aloag the south Ilea of acid North K of the Nott6eest'/. North 89° OG 30' west 2651.0E beet to the 3onlhwat aotna of said North iS otthe Naedktat'/.; t6ettce slon8 the West 1'me ofaeid North 14 of dte Notthas<'b North 00° 43' 43` Bast 1323.31 feet to the'k txxaa aeaamon to said Sections 27 sod 34; tbeaa aia8 the West loe of the Sostlbast'Y• of said Setxioo 27 North 00.2E' 37' Ftut 644.8: bea m the ti'otMhadt eatna of I.at 7, Block 2 ofBhrJ~ Cat Fittases the East i~ a acme is reootded is Book 32 ofplatt at Paga 1945, rooads of Ada Cotmty, Idaho: titettca aleo8 said [,ot 7 Natth 00° 19' 40" EM 660.00 beet to the Northetrt Dana of said Blset Cst Bstsfa No. 2 Snbdirision; thence long the North lore of avid Black Gt Berates No. 2 ~bdivisan North 89° 18' Ol"war 1261.916eet; theooe leaving said Nalh lice North 12° 4T 57" war 206.21 besS thence !'~ Nam 88° 11' 16" wart 196.71 feet; thence North s0° s1' 36" wort 19.06 tat; thence North 34° 21' 20" wort 79.64 bxt; thettoa North 19° 35' 33" wort 111.:5 /1mfi thence North 89° 34' S6" worst 291.92 feet to a polar ao the West lore a~f acid Section 27; thence aleog said line North 00° 31' 08" Beat 877.06 f~oet fp the West y. canna of said Becton 27; thaoae aau6 the Fast-west mid-section Tine of said Sacdoo 27 South E9° 20' IS" Ent 2649.8{ feet b the acaser of said sedan 27; theaoe oootiottioa aao~g acid Elsa-Wort mid- aecdoo Nne South 89° 21' 10" East 881.40 feet; thsacs leaving said Bast wort mid-section line Saadt 00° 59' 37" wort 409.35 feat thtace Sash 22° 14' 26" West 338.89 feet; ihtace South 06° 3T 30" East 612.06 fact: thence South 01 ° 53' S6" Wei 1299.71 fat to a point on the Soutb line of said aadon 2?; thencc along said South line SouW 8E° 56' 29" Ent 1861?b fat to the POWI' OF BEGINNING; Said parcel ooetsins 201.48 saes more a less. October 27, 2010 1901 W. tTre~lOnd • ~.~ ~ ~ • W W W'gUOtJrOtd CG Fyi jcj~B! ,~ A( PEAO~E Z O~~Z ' ~ 0 N '-' vLL~ ~ ~ ~I~~ ~a 3 ~~ ~ ~'~i~ I I i SS -- .~e++9a as~.~aaw wow ~ ~ ~+ I ~ ~ .ra~~ r~.a~e,as' -- ---~ ~ ~n ~~ ~ '~ 8 "~ ~~ ~x ~ '~0~ ~, ~a w °m ~~ ~ ~ ~~ I ~ Q ~~~ ~ r ~ ~ ~~s ,oo~o r. s~rrri ~ w ~ °> _ ~ N ( ~ N^ I 1 I ~~ ~~ ` U I j ~ ~~ ~ ~ 8 ~ ~~ ` ~ ~ ~ w cco auo~.icoN ~ avoe ivy ~or~ ~ ~ Meridian City Council Meeting DATE: February 1, 2011 ITEM NUMBER: 51 PROJECT NUMBER: ITEM TITLE: Purchase Approval for Capital Replacement of the Wastewater Divisions Wheel Loader. Replacement Loader from Western States Equipment Co. for aNot-To-Exceed Amount of $96,335.00 Which is the Result of RFP #PW-11-10217. MEETING NOTES /~'7 CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~i~E IDIAN~- ~LlbllC I D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Rich Dees, Utility Operations Manager DATE: January 25, 2011 Mayor Tammy de Weerd City Cewncil Me~nbert~ Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: PURCHASE APPROVAL FOR CAPITAL REPLACEMENT OF THE WASTEWATER DIVISIONS WHEEL LOADER. REPLACEMENT LOADER FROM WESTERN STATES EQUIPMENT CO. FOR ANOT- TO-EXCEED AMOUNT OF $96,335.00 I. RECOMMENDED ACTION A. Move to: 1. Accept proposal from Western States Equipment Co. submitted under RFP PW-11-10217 for a used loader in an amount not to exceed $96,335.00; and 2. Authorize the Purchasing manger to sign the Purchase Order or Purchase agreement. II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works 489-0372 Rich Dees, Utility Operations Manager 489-0351 Tracy Crane, Plant Superintendent 888-2191 III. DESCRIPTION A. Background The Public Works Wastewater Divisions current Hitachi Front Loader is not capable of moving large quantities of biosolids or reaching the top of the biosolids hauling vehicle. Last year it was discovered that the Hitachi loader was Page 1 of 3 unsafe and the loader was taken out of service. Since that time the Wastewater Division has been renting a front loader for $4,000.00 per month. Replacement of the loader saves up to $48,000 per year in equipment rental costs. The current unsafe Hitachi loader will remain out of service until sold. B. Proposed Purchase The Wastewater Division needs a front end loader capable of moving large quantities of biosolids with the ability of reaching the top of the biosolids hauling vehicle. Operation of the current sized loader requires getting dangerously close to the trailer containing the biosolids. This produces a high risk of damaging to the mechanisms on the side of the trailer that are utilized for covering the biosolids. Alternatives, like the installation of ramps were investigated, but were found not to be feasible or cost effective. Not only does the bucket barely reach the trailer edge, but the bucket is too small requiring many additional trips that result in lost operator time and causes inefficiencies. The Hitachi loader is unsafe and has been taken out of service. The bid amount for the used loader is $96,335.00. A total of $100,000.00 was budgeted for capital replacement for the used loader. C. Bidder Selection Western States Equipment Co. was the lowest bidder and is qualified to provide the appropriate equipment. IV. IMPACT A. Strategic Impact: This project supports the Public Works Mission and Vision for strategic growth. The replacement of the current loader provides satisfactory biosolids removal equipment to provide compliance with State and Federal regulations regarding biosolids disposal. B. Service/Deliver pact: The replacement of the current loader increases the capabilities of moving large quantities of biosolids with the ability of reaching the top of the biosolids hauling vehicle which allows the City of Meridian to reduce manpower and equipment rental costs. Page 2 of 3 C. Fiscal Impact: Project Costs Net Selling Price $ 61,200.00 Options: (Hydraulic oil cooler Hydraulic 3 valve Angle broom Quick coupler) $ 35,135.00 Total $ 96,335.00. Project Funding WW (60-3500-94100) $100,000.00 V. ALTERNATIVES A. The City could defer replacement of front loader. Doing so would be more costly in the future as rental costs are likely to increase over time. This option would also prevent the City from decreasing daily discharge rates, resulting in higher treatment costs. B. The City could discontinue loading biosolids hauling trucks with city staff and use contract services. Doing so would be more costly as contract service provider costs would increase overall biosoiids disposal costs. This option would also prevent the City from decreasing daily discharge rates. VI. TIME CONSTRAINTS Council's approval of the used loader purchase will allow Public Works to eliminate equipment rental cost related to the loading of biosolids hauling vehicles. VII. LIST OF ATTACHMENTS A. Western States Equipment Used Loader bid. Approved for Council Agenda: ~' ~~ Date Page 3 of 3 ~C ~~~ E IDIAN,--- t t~ ~ ~ t~ PURCHASING DEPARTMENT 33East Broadway Avenue. Meridian. ID 83642 Plmne: (208) 489-0418 Fax: (208) 887-4813 REQUEST FOR PROPOSALS PROJECT N O. PW-11-10217 CONTRACT SPECIFICATIONS FUR: USED LOADER PROPOSALS MUST BE RECEIVED PRIOR TO 4:00 P.M. December 21.2010 DELIVER TO: CITY OF MERIDIAN, PURCHASING DEPARTMENT 33 EAST BROADWAY AVENUE MERIDIAN, ID 83642 Pre-Proposal Conference MANDATORY [ ]YES [X]NO Prepared by: KEITH WATTS AND ADDRESS OF VENDOR SUBMITTING NAME: Western States Equipment Co. ADDRESS: 500 East Overland Road . Meridian, Idaho 83642 ~~'.O ~~ REQUEST FOR PROPOSALS CITY OF MERIDU4N Meridian, Idaho 83642 PROJECT # PW-11-10217 TABLE OF CONTENTS PART PAGE Cover Sheet/Table of Conterrts .................................................2 i. Notice Calling for Proposals .................... ..............................3 ii. Instructions to Propose{'s .........................................................7 III. Proposal pocuments .................................................................10 A. ...Proposal Form B. Respondents Experience Statement . IV. Exhibit A Minimum Specifications .............................................14 used ~o~ ~nr-»-~aa~7 2 oF. 14 PART 1 NOTICE CALLING FOR PROPOSALS PURPOSE C~~o The City of Meridian is soliciting proposals from respondents to provide a Used Cat 928G Loader or equivalent. SCOPE OF WORK Contained within the Specificatans /Scope of Work "Attachment A" are specific objectives which will be required of the awarded responderrt. The .City of Meridian shall retain the ability to revise this scope as necessary. PRESENTATIONS Those respondents which are determined to be best quatrf'ied to undertake the services required under this Request for Proposals may be invited to make e presentation to the City.. Further information may be provided to the prospective respondents after the initial selection. SUBMITTAL REQUIREMENTS One (1) original and two (2) copies of the respondents sealed proposal wiH be received by the City on December 21, 2010 unto 4:00 p.m., MT at the office of the Purchasing Agent, City of Meridian, 33 East Broadway Avenue, Merkfisn. Idaho 83642. The Proposal must contain, but is not limited to the following information: 1. Completed proposal form submitted on PART III-A PROPOSAL FORM. 2. A summary of the respondents experience with projects similar to the types of work stated in this Request for Proposals, submitted on PART 111- 8, RESPONDENT'S EXPERIENCE STATEMENT. 3. Total proposed cost of respondents services in response to and in compliance of this Request for Proposal's. (COST SECTION SHALL BE PROVIDED IN A SEPARATE SEALED ENVELOPE MARKED "COST PROPOSAL" Proposal costs shall be detailed and are to include all labor, material, travel, related expenses, equipment, etc. 4. Any additional information which the responders deems appropriate. usEO ~o~ wv-»-~o~~ 3 of 14 C~7COPY GENERAL TERMS AND CONDITIONS Mistakes must be corrected and the correction inserted; correction must be initialed in ink by the person signing the Proposal. Alternate Proposals will be considered unless otherwise stipulated. If required, before award or execution of the contract by the City, the Contractor shall file with the City a surety bond satisfactory to the City in the amounts and for the purpose noted. Bonds shall be duly executed by a responsible corporate surety. authorized to issue such bonds in Idaho and secured thorough an authorized agent with an office in Idaho. Contractor shall pay a!I bond premiums, costs and incidentals. The City reserves the right to waive any informalities or minor irregularities in connection with the Proposals received. All provisions of the City code are applicable to any Proposal submitted or contract awarded pursuant thereto If equipment is proposed, it is to be new and latest model in currer~ production. Used., remanufactured, shopworn, demonstrator, prototype or discontinued- models are not acceptable unless otherwise stipulated. Within thirty {30) days after the Proposal opening, a contract may be awarded by the City to the lowest responsive and responsible Proposer, subject to the right of the City to reject all Proposals, as it may deem proper in its absolute. discretion The time for awarding a contract may be extended at the sole discretion of the City. If required to evaluate Proposals or for such other purposes as the City may determine, unless the Proposer objects to such extension in writing with his Proposal The City of Meridian does not discriminate on the basis of race, religion, .sex, national origin, marital status, age, physical handicap, ownership by women or minorities or sexual orientation. ADDITIONAL TERMS AND CONDITIONS EXAMINATION OF CONTRACT DOCUMENTS The Proposal's shall carefully examine the specifications, and satisfy themselves as to their sufficiency, and shall not at any time after submission of the Proposal, dispute such specifications and the directions explaining or interpreting them. AWARD The City of Meridian reserves the `right to make an award on any item, group of items in the aggregate to that/those highest ranked responsive and responsible contractors {s) whose Proposal (s) is/are most responsive to the needs of the City. useo ~oooER Pw-»-~oz» 4 of 14 ~~ EVALI~ATION (Insoection Equipment and goods will be inspected before acceptance by an authorwed representative of the City of Meridian for workmanship, appearance, proper functioning of all equipment and systems, and conformance to aN other requirements of the .specifications. If defiaenc~es are found,' it shah ~ be the responsibili#y of the contractor to pick up the equipmentlgoods and replace for reinspection and acceptance. Payment will not be made until corrective action has been made. RANTY/GUARANTEE Contractor delivering equipment !goods against this spedfication shall guarantee that the equipment !goods meet the minimum requiremenrts set forth herein. ff it ~ found that the equipment /goods delivered do not meet the minimum requirements of this spec cation, the Contractor will be required to con-ect the same at the Contractor's expense. . BRAND NAME Brand names and numbers, when used, are for reference do ind'~cate the character and quality desired. Contractors may offer comparable 'EQUAL' .products unless expressly prohibited herein. ff necessary, the burden of proof and cost on analysis #o determine equality shall be that of the Contractor; If proposing an "EQUAL'; - . please state .name of manufacturer, model, and pert number, if applicable, and enclose descriptnre .literature. PURCHASE AGREEMENT DOCUMENTS A copy of the Notice Inviting Proposals, General Conditions and Instructions to Proposal's, Special Conditions, Additional Terms 'and Conditans, Specifications. Plans and / or Drawings, Proposal's Submittal, and. any other related documents will remain on file in the office of the City Purchasing. Manager. ft is understood that these documents will form the basis of the purchase agreement upon award of the contract. All materials or services supped by the Contractor shaa be in conformance with ail the specifications contained herein and shah be in compliance with any applicable Local, State, and Federal Laws and regulations. useo ~onoaz Pw-~~-~art~~ 5 of 14 [~1COPY CITY'S REPRESENTATIVES Purchasing Representative Keith Watts, Purchasing Agent 33 East Broadway Meridian, ID 83642 {208)888-4433 Fax (208) 887-4813 kwatts(a.meridiancity.org Technical Representative John McCormick Business Operations Manager Public Works Division City of Meridian 33 E. Broadway Meridian, iD 836442 imccormick(c~meridiancity.or4 Any and atl explanations desired by a respondent regarding the meaning or interpretation of this Request for Proposals or any part thereof must be requested in writing and directed to the person named as the Purchasing Representative. and in accordance with section 1 "EXPLANATIONS TO RESPONDENTS°. Violation(s) may be caused for rejection. of the proposal. K WA TS, PURCHASING MANAGER CITY OF MERIDIAN ~ ~~3~1~ .DATE USED LOADER PW-11-10217 6 Of 14 .. ~_~ PART II INSTRUCTIONS TO RESPONDENTS 1. Z. E)CPLANATIONS TO RESPONDENTS There .are fourteen (14) total pages in this Request for Proposals. It is the respondent's responsibil'~ty to ensure that all pages are inducted. ff any pages are missing, immediately request a copy of the ~ at~jcpvavatts((cDmerid ancity ors , your request to Keith Watts, Purchasing Age RFP Project # PW-11-10217. Any explanation desired by a respondent regarding the meaning or interpretation. of the. Request for Proposals, or any part thereof, must be requested in writing( via fax or a-mail) and with sufficient time allowed for a reply to reach respondent before the submission of their proposal. Any Request of a. technical nature should be seat to BOTH the Purchasing. Represerative and Technical Representative. Any interpretation made will be in the form of an addendum tD the Request for Proposals, issued by the Purchasing Agent, and will be famished to all prospective respondents of record. Oral e~lanations or insbvctions given before proposal opening wiH not be binding. CONDITIONS AFFECTING THE WORK Before submitting a proposal, each respondent "~ ~ site toafaml arize Request for Proposals documents thoroughly, (2) visit himself/herseff with bcal conditbns that may, in any manner, affect cost, progress or performance of the work. (3) familiarize himself/herself with Federal, State and Local caws, ordinances, rules and regulations that may, in any manner, affect cost, progress or performance of the work; and (4) study and carefully correlate respondent's observations with the Request for Proposaps. Failure to do so will not relieve respondent from responsibility for estimating properly the difficulty or cost of sucxessfuly performing the work. The City wiN assume no responsibility for any understanding or represerrtations concerning conditions made by any of it's officers or agents prior to the execution of the contract, unless included in the Request for Proposal's. or any addendum. 3. SUBMISSION OF PROPOSALS Interested firms shall submit one (1) original and two (2) copies of their response in Accordance with this Request for Proposals and must be sealed and addressed as directed below. Failure to do so may resuR in a premature opening of, or a failure to open, such proposals. Such premature or late opening, or failure to open, may result in disqualification of the proposal. The outside of the envelope must bear the notatan: used ~ono~ wv-»ao¢» 7 of 44 - . _ ~ , , ~""` ,~ ~.+ . PROJECT ~ PW-11-10217 USED LOADER Decembu 21, 2010 4:00 P.M. The envelope must be addressed and delivered to: City of Meridian, Purchasing Department, 33 East Broadway Avenue, Meridian, Idaho 83642. 4. LATE PROPOSALS AND MODIFICATIONS _ - .Proposals and modifications thereof received `after the exact time of closing of proposals which is 4:00 p.m. MT, December 21, 2010 will not be considered. 5- WITHORAWL OF PROPOSALS Unless otherwise specified, proposals may be withdrawn by written request, received from respondent prior to the time set for closing of proposals. g, PROPOSAL REQUIREMENTS To receive consideration, the proposal must comply with the following additional. requirements: a. The proposal and aR other documents or material'sutxnitted will be deemed to constitute part of the proposal. b. Proposals must be valid for a period of s'Ixty (60) calendar days from the' date of opening. T. INTENT OF THE CITY . The objective of this Request for Proposals is to provide sufficient informafan to enable qualified respondents to submit written proposals. This Request for proposals is not a contractual offer or commitment fio purchase services. Contents of this Request for Proposals and respondent's- Proposal will be used for establishment of final contractual obligation. 0 is to be understood that thus Request for Proposals and the respondent's proposal may be attached or included by reference in an agreement between the City and successful respondent. used ~.o~ Pw-t~-~ot» 8 of 14 8. ~' ®. BASIS FOR SELECTION This Request for Proposals will be evaluated andrt~istomers of the respondent History from the current and previous pro~eds may be used to evaluate some of the criteria. a, (20 Points) Number of hours on loader. b, (10 Pointe) 96 of wear available on tires. ~, (10 Points) Options on Bader: d. (20 Points) Warranty. e. (10 Points) Convenience of service nearest service center: f. (10 Points) Condition of interior. . g. (20 Points) Cost. The City reserves the right to reject any or al proposals, to make an award on the basis of suitability to purpose or superior quality, to accept other than bw~est proposal or any other criteria the City believes to be in the best. interest of the City. After the City has identified the proposal with the best value for the City,'the City shall have the right to negotiate with the respondent over the final terms and conditions of the contract. These negotiations may include bargaining. The prun~ry objective of. the negotiations is to maximize the City's ability to obtain best value, based on the requirement and the evaluation factors set forth in the Request for Proposals. ff an agreement cannot be readied, the negotiation will be terminated and similar negotiations will occur with the second ranked fum. 9. PUBLIC RECORDS The City of Meridian is a public agency. All documents in its possession .are public records. Proposals are public records •and, except as-noted bekmnr, wiN be available for inspection arKl copying by any person.. ff any Proposer clams any material to be exempt from disclosure under the Idaho Public Records- Law,. the proposer wiY expressly agree to defend, indemnify arxi hold harmless the: City from any claim or suit arising from the City's refusal to discbse any such material. No such claim of exemption wiN be valid or effective without such express agreement. The City will take reasonable efforts fio protect any information marked "confidential" by the Proposer, to the extent penr~tted by the Idaho Public Records Law. Confidential information must be submitted in a separate envebpe, sealed and marked "Confidential Information" and w~l be returned to the Proposer upon request after the award of the contract. It is understood, however, that the City Hn'N have no IiabiNty for disdosure of such information. Any proprietary or otherwise sensitive information contained in or with any Proposal is subject to potential discbsure. usED ~o~ Pw-»-~oz~~ 9 of 14 PART III PROPOSAL DOCUMENTS A -PROPOSAL FORM In response to the Request for Proposals, the undersigned respondent hereby proposes to famish labor, material, travel, professional services, permits, supervision, equipment and equipment rental and all related expenses, and to perform all work necessary and required to complete the folbwing project in strict accordance with the terms of this Request for Proposals and the final contract for the prices specified by the respondent for: PROJECT ~ PW-11-10217 USED LOADER Respondent certifies that he/she has examined and is fully fam~iar with all 'of the provision of the Request for proposals and any addendum thereto; that he/she is submitting a proposal in strict accordance with the Instn~ctions to Respondents; and that helshe has carefully reviewed the accuracy of all attachments to this proposal.. Respondent certifies that helshe has examined the proposal documents thoroughly, studied and carefully correlated respondent's observations with the` Proposal documents, and all other matters which can in any way affect the work or the cost ` thereof:. Respondent agrees that this proposal constitutes a firm offer to the City which cannot _ be v~thdrawn by the respondent for sixty (60) calendar days from the date of actual opening of proposal. ff awarded the contrail, respondent agrees to execute and deliver to the City within seven (7) calendar days after receipt of City's Conditional Notice of Award, the applicable Contract form, insurance certficates and bonds (if requin3d). Attached :~s the Respondent's Experience Statement (Part ill, B) which has been completed by respondent and made a part of~this proposal. Respondent also acknowledges receipt of the following addendum to the Request for . Proposals which addendum have been considered by respondent in submitting this proposal (if none, state "NONE"r Addendum No: 2 ~~' Addendum No. 1 ~ - Respondent certffies that he is currently registered as a Contractor and licensed as a Public Works Contractor in the State of Idaho. State N1A if not applicat~le. used ~onoeR wv-~~-~o2~z 10 of 14 . Idaho Contractor Registratwn No. Idaho Public Works Contractor License No. Submitted by, NA wA ~ noc ~plicable NA wA n ~~ sppresbis RESPONDENT'S BUSINESS NAME (type or print) Name: Title' Sales Re resentative RESPONDENT'S BUSINESS ADDRESS/PHONEIFAX/E-MAIL 500 Eat Overland Road Meridan, Idaho 83642 (208) 888 2287 ~ ~ tP~ (208) 884-2314 FAX . dougmoore@wseco.com (email) Note: ff respondent is a corporation, give State of incorporation; if a partnership or joint venture, give full names of aA partners or joint venturers. Cororation -State of Idaho USED LOADER Pw-~~-ial~~ 11 of 14 Date' December 21, 2010 '`~Y~~ ~ ~-~_i DECLARATION UNDER PENALTY OF PERJURY The undersigned declares: that he/she holds the position indicating below as a corporate Officer or the owner or a partner in the business entity submitting this Proposal; that the undersigned is informed of all relevant facts surrounding the preparatgn and submission of this Proposal, that the undersigned knows and represents and warrants to the City of Meridian #hat this Proposal is prepared and submitted without collusion with any other person, business entity, or corporatwn with any inten3st inahis Proposal. 1 declare under penalty of perjury that the fore~ing is true and coned.. CONTRACTOR/FIRM: Western States E ui ment Co an BY: Douglas J. Moore TITLE: Sales Re resentative ADDRESS: 500 East Overland Road Meridian, Idaho 83642 DATE: ,_ . usED ~ono~ wv-,~-,a¢~7 12 of 14 .. ~> PART 111 PROPOSAL DOCUMENTS B-RESPONDENT'S EXPERIENCE STATEMENT The respondent submits as a part of its proposal, the folbwing, information as to it's experience and qualrfications: a. The respondent has been engaged in this business under its present b~Msiness name for _ Y~m• b. Experience in work of a nature similar in type and magnitude to that set forth in . the request for proposal extends over a period of 54 years. c. The respondent has satisfactorily completed all contracts awarded to it, except,. as follows: (name any and all exceptions and reasons therefore. None, No execeptions d. List all work completed within the last ten (10) years of similar type anrd magnitude as set forth in this Request for Proposals. Please include ~ sheet with all contact information and details of the project on a separate sheet. OWNER YEAR TYPE OF CONTRACT COMPLETED WORK AMOUNT NA _ NA NA NA I certify that the above information is true and correct to the best of my knowledge. Signed this 2_ 18t~ day of December ~ 2010 at Meridian, Idaho (~~) (monthh) (Yew) (db-, NAME OF RESPONDENT: Douglas J. Moore Sales Representative (title) USED LOADER wv-»-~aZ~~ 13 of 14 ~ '' tea,. ~ ~~ .-~.__ EXHIBIT A MINIMUM SPECIFICATIONS Cat 928G or Equivalent Air Suspension Seat Alr Conditioner with Heater Caterpillar 305fiE DITAAC Diesel Engine Limited Slip Front Differential Limited Slip Rear Differential Precleaner Sun Visor Cab, Sliding Windows 80 Amp Altemator~ Food Lilghts 20.5-25 Tires Warning Beacon Light Outside Mounted Mirrors AM FM Radb ..General Purpose 3.0 ~YD .' Bucket w/edge Internal Rearview. Mirror In addition the City would like pricing on the folbwing new attachments • Hydraulic Heavy Duty Oil Cooler for use in high ambient temperatures and is required for continuous hydraulic flow applications for angle broomj. Hydraulics, 3 Valve, 2 Lever FNR Provides third valve and a second lever for the third function. Joystick lever operates both lift and tilt functions and includes a remote FWD-NEU-REV control switch Hydraulic Heavy Duty Oil Cooler ~ . New Caterpillar. BA30 Hydraulic Angle Broom ~ ~ ` ^ 118" Sweeping width straight • 1.02" sweeping width angles ~ 30 degrees ^ Brush material -5096 po1y15096 Steel Wire ^ 36" Brush Diameter Quick Coupler, Includes electrohydraul'~c coupler actuation System activated from the cab. Includes Coupler lines and lock valve cylinder Includes ordering New Coupler, Ordering Hook Assembly and ap modificatbns and installatbn. usED ~onoat Pw-~~-~aQ~~ 14 of 14 . • ~ ~ ~ i 4 ~ ~ ~° ~.* PuacHAS~N~ MANAaEa ~-~-~ °"`-' 33 East Broadway Ave. E IDIAN~~ Meridian, iD s3s4~ Phone:208-888.4433 F~ax:208-887-4813 tDANO ADDENDUM N0.1 RFP # PW-11-10217 TO: ALL PROSPECTIVE PROPOSERS December 17, 2010 Reference: USED LOADER Subject: Project PW-11-10217 - Addendum No.1 Prospect'nre Proposers for the above mentioned Request for Proposal is hereby corrected and amended as folbws: i . Q: How old and how many hours can this loader have? A: This is a proposal and not a bid. The equipment proposed will be evaluated. Age and hours are part of the evaluation. There is no minimum for the age or hours. 2. Q: Can you clarify the types of levers and functions you wouhi i+'ke to have on the loader. I understand the third valve with a~ standard detent fever for third vaMe operation. Also a joystick that functions Lift and Tilt. So we will have a joystick w/ fwd-neu-rev switch, and a lever to control third valve function? A: Provide only the types of levers and functions that would co a standard.on the loader. Ail other additions should be proposed as optiot~s, 3. THIS ADDENDUM MUST BE SIGNED AND SUBMITTED WITH YOUR PROPOSAL. 4. ALL OTHER TERMS AND CONDITIONS OF THE PROPOSAL REMAIN THE SAME. Please note the corrections by signing below and call me rf you have any questions. Si cerely, Keith Watts ~ ~~ Purchasing Manager Addendum No 1 Western States Equipment Company Firm Name Douglas J. Moore - -Sales ltiepresentative ~Tyued or Punted Name: and Title:. Signatu December 21, 2010 [)ate Page 1 of 1 COPY City of Meridian Purchasing Department 33 E. Broadway Ave. Suite 200 Meridian, Idaho One (1) 2005 Used Caterpillar 928G Wheel Loader Serial Number ODJD002050 (Currently on Rent to City) Current Hours 12/20/210 is 1227 Hours 928 Wheel Loader Air Suspension Seat Air Conditioner with Heater Caterpillar 3056E DITAAC Diesel Engine Limited Slip Front Differential Limited Slip Rear Differential Pre-cleaner Sun Visor, Front Cab, Sliding Windows 80 Amp Alternator Flood Lights 20.5-25 Tires Warning Beacon Light Outside Mounted Mirrors Radio Engine Coolant Heater General Purpose 3.0 CYD Bucket w/edge Internal Rearview Mirror Discounted Selling Price $ 78,000.00 Less Rent Paid - (6 months @ 70% to (16,800.00) be applied) Net Selling Price $ 61, 200.00 Western States to bring machine into shop and service and repair as needed prior to delivery. Priced based on City of Meridian paying all 6 months of rental invoiced. Invoice Numbers MR7001006113, MR70011006491 M 87001006809, M 87001007205, M 87001007539, & MR7001007827 ~~. v r ~ WARRANTY Have to have Western States Used Machine Power-Train & Hydraulic Warranty for 90 days after delivery of machine. Price Included in goute above OPTIONS -Should the City of Meridian want any of the following options installed on the bid machine. Please add the following prices to the above bid price. • Hydraulic Heavy Duty Oil Cooler for use in high ambient temperatures and is required for continuous hydraulic flow applications for angle broom. • Hydraulics, 3 Valve, 2 Lever FNR Provides third valve and a second lever for the third function. Joystick lever operates both lift and tilt functions and includes a remote FWD-NEU-REV control switch for hydraulic heavy duty oil cooler • New Caterpillar BA30 Hydraulic Angle Broom ^ 118" Sweeping width straight ^ 102" sweeping width angled @ 30 degrees ^ Brush material - 50% poly/50% Steel Wire ^ 36" Brush Diameter !~co~~ • Quick Coupler, Includes electro-hydraulic coupler actuation System activated from the cab. Includes Coupler lines and lock valve cylinder. Includes ordering New Coupler, Ordering Hook Assembly and all modifications and installation. TRADE-IN VALUE -Western States Equipment Company is pleased to offers the City of Meridian 8 000.00 for the Hitachi LX80-2 Wheel Loader Serial Number 41 R-02097. This offer is subject to the Wheel Loader to be in working condition and being in similar condition as per inspection 10/21/2010. AVAILABILTY -The machine is available one (1) week after receipt of order. Installation of attachments and purchase of attachments vary between 4 weeks and 8 weeks after receipt of order. ENHANCEMENT TO THE BID -Machine to have these additional attachments not specified in Bid. -Ride Control, Outside Exterior Mirrors, Thermal Starting Aid, Halogen Working Lights (front & Rear) Directional Signals, Pressurized Cab and Sound Suppressed, Speed- ometer, Hydraulic Controlled Lever Lockout, Auto Shift-Transmission, Front Fenders, Automatic Bucket Positioner, Automatic Lift Kick-out, Hydraulic Diagnostic Connectors and Schedule Oil Sampling Ports. E IDIAN~.~-- In~HC~ PROPOSAL RANKING SHEET RFP NAME: Used Loader RFP NUMBER: PW-11-10217 DUE DATE & TIME: pecember 21, 2010 4:00 p.m. Z Q ~_ m OC ~ W c ~ m Lt. O ~~ U ~~t z ~~ Q~ W Z W N r. M g~~~ ~~~~ ~~~~ Meridian City Council Meeting DATE: February 1 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve the Bid Amount of $365,115.75 from Brown Construction for the Victory Road Sewer Connector Pipeline and Authorize the Mayor to Sign the Agreement MEETING NOTES /~`'`~ CLERKS OFFICE F/NAL ACTION Mayor Tammy de Weerd ~~~i~E IDIAN~- IDAHO Public Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: John Boyd Engineering Technician II DATE: January 26, 2011 City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUB3ECT: APPROVE THE BID AMO V~IC ORY R05AD SEWER CONNECT OR CONSTRUCTION FOR THE PIPELINE AND AUTHORIZE THE MAYOR TO SIGN THE AGREEMENT I. RECOMMENDED ACTION A. The Public Works Department recommends the City Council move to: 1. Approve the Bid Amount of $365,115.75 for the Victory Road Sewer Connector Pipeline Installation Project with Brown Construction. 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS John Boyd, Engineering Technician II (Project Manager) Clint Dolsby, Asst. City Engineer Warren Stewart, PW Engineering Manager Tom Barry, Director of Public Works 489-0364 489-0341 489-0350 489-0372 Page 1 of 4 VICTORY ROAD SEWER CONNECTOR PROJECT III. DESCRIPTION A. Proposed Protect The proposed project consists of construc~i a on c Vict ry Road east of M ridian Cat trunk sewer, approximately 2,600 fee g Road. The City intends to move the prof t t forward into construction as a City initiated and managed Public Works proJec A portion of this project also includes existing power P~°COtOAfter the sewer relocated during construction by Idaho Power Company ( )• main is completed, IPCO will need to reset those poles that were relocated and reinstall the electrical lines. B, Background In 2007, the Black Cat trunkline network was extended to the corner of Meridian Road and Victory Road. At that time planned development was tasked to extend the trunkline network to the east on Victory Road to connect it to a portion of south Meridian. Due in a large part to the slowdown of the economy, this trunk sewer has not been constructed and development in this portion of Meridian, south of the freeway, has been restricted since 2007 as a result of sewer system capacity concerns. This situation has precipitated requirements for off-peak lift stations for some developments. With this project, approximately 2,600 feet of trunk sewer associated with the Victory Road connector will be constructed which ~"'` could eliminate the capacity concerns and the need for off-peak lift stations. This trunk sewer will run from the intense Observatio Po nt subdivision to connect a east to the diversion structure near th portion of south Meridian to the Black Cat Lift Station. IV. IMPACT A. Strategic Impact This project supports the Public Works Mission and Vision for strategic growth and meets our mission requirements to indentify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our growing community, ensuring modem reliable facilities while maintaining financial stewardship. B. Service/Delivery Impact: The installation of this sewer trunkline will allow the Observation Point lift station to be removed from service. It will also remove the requirement for several other proposed small lift stations and off-peak pumping stations to be built as the effluent will now be channeled through this trunkline to the Black Cat Lift Station. Page 2 of 4 VICTORY ROAD SEWER CONNECTOR PROJECT IV. V. IMPACT (Continued) C. Fiscal Impact !Project Costs p j 13, 2011 at 2:30 PM. The City received bids for the above ro ect on January The low bidder was Brown Construction with a bid amount of $365,115.75 for the sewer line installation in Victory Road and we recommend not to award the Bid Alternate as the benefits were not sufficient to warrant installing the stored materials. A portion of this project will include existing power poles to be held up or relocated during construction by Idaho Power Company (IPCO). This cost was not included in the bid as IPCO was not able to provide firm costs to the contractors due to unknown. construction circumstances, such as length of time the poles will need to be held. IPCO estimated this cost at $40,000 to $60,000. We will process a change order that will fall within the approved budget for this project when these costs are finalized. D. Project Cost Bid Amount ...........................................................................................365 115.75 Total Cost .............................................................................................$365,115.75 E. Pr~ect Funding This project is expected to be reimbursed in it's entirety by eight (8) developers, of which five (5) have contributed approximately $260,000 to date. At the completion of the project, developer reimbursement will be adjusted based on final project cost and reimbursement will come prior to those developers receiving Final Plat signatures or releasing of their existing sureties. The project will be funded with existing City funds from the following account. ...................................................$461.627.33 Sewer Line Extensions (3590-93505 Funding ....................................................$461,627.33 ............................................. ALTERNATIVES A. The City could defer this sewer connector project thus requiring several small lift stations and off-peak pumping stations to be built by current developments. However, once effluent flows are to a point that the present sewer mains cannot handle the flow anymore, this connector will have to be built and the City may have to provide 100% funding for installation. Page 3 of 4 VICTORY ROAD SEWER CONNECTOR PROJECT ~ VI. LIST OF ATTACHMENTS A, Agreement for Construction -Signed by Brown Construction B, Bid Tabulation Spreadsheet C, Engineering Construction Cost Estimate from Consultant D. Purchase Order Requisition ;~ Approved for Council Agenda: D to rte. Page 4 oj4 .-. AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES VICTORY ROAD SEWER CONNECTOR TRUNK -CONSTRUCTION PROJECT # 10191 THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this day of January , 2011, 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 BROWN CONSTRUCTION, INC. , hereinafter referred to as "CONTRACTOR", whose business address is P O Box 495, Nampa, ID 83653 and whose Public Works Contractor License # is C-10436-AAA-1. INTRODUCTION Whereas, the City has a need for services involving the construction of VICTORY ROAD SEWER CONNECTOR TRUNK; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty- r` Victory Road Sewer Connector Trunk -Construction page 1 of 12 Project 10191 ~ free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this A9icable federal, consistent with the requirements and standards established by app 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 preementf and that tires nI effectat the t me tofat are used in performance of this Ag 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 Lump Sum basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $365,115.75. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance ~ Victory Road Sewer Connector Trunk -Construction page 2 of 12 Project 10191 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) complnalted ashen vded be ow orounless somte other30, 2011 or (c) unless sooner terms p method or time of termination is listed in Attachment A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of ,,.~ the following events: a. Bankruptcy or insolvency of either party; b. Sale of Contractor's business; or c. Death of Contractor 3.5 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 90 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 1 000.00 (one thousand 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. The Contractor must complete the Kennedy Lateral crossing in its entirety by March 15, 2011. See SP-2101 -Construction Phasing & Scheduling, Part 3, Section 3.1, Item A for further information. Contractor shall be liable to the City for any delay beyond this time period in the amount of 1000.00 (one thousand 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. n Victory Road Sewer Connector Trunk -Construction page 3 of 12 Project 10191 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. 4.2 In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.3 Notwithstanding the above, CONTRACTOR shall not be relieved of liability ~ to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR, nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. n Victory Road Sewer Connector Trunk -Construction page 4 of 12 Project 10191 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain and specifically agrees that it will maintain throughout the term of this ~ Agreement liabilit insurance in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence ~ Victory Road Sewer Connector Trunk -Construction page 5 of 12 Project 10191 .-~ of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. .~ 6.5 Ail insurance coverages for subcontractors shall be subject to allot e insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects. 8. 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 of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 Victory Road Sewer Connector Trunk -Construction page 6 of 12 Project 10191 .-. Brown Construction, Inc Attn: Richard Brown P O Box 495 Nampa ID 83653 208-465-0274 bcipipe[cDhotmail.com Idaho Public Works License #: C-10436-AAA-1 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. 9. 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. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and Lute a breach of, al d a default under~thhs Agreement by the hereunder shall const party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 13.1 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. 13.2 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 '~ Victory Road Sewer Connector Trunk -Construction page 7 of 12 Project 10191 ~ 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. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary;S re ords Iwth respect to lalbmattehs overedr examination all of CONTRACTOR by this Agreement. CONTRACTOR chaecordstand t I make auudlits of aline, and make excerpts or transcripts from s contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws I I p`a'th miag thCable aws, ord nances, a d odes of CONTRACTOR shall co p y Pp ~ Federal, State, and local governments. 17. 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. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement. is reasonably capable of completion. 1 g: 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. '~`' Victory Road Sewer Connector Trunk -Construction page 8 of 12 Project 10191 ~-• 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and ail other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for.Bid document, then the winning bidders submitted bid document. 23. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. '~``:ITY OF MERIDIAN ~' .~7 TAMMY ;d~~'WEERD, MAYOR Dated: a-t _ I - ~0 I l BROWN CONSTRUCTION BY: Richard Brown Dated: ~' i~ ~ ~ ~~ Approved by Council: ~ ~~~ ac~l~ ~' c?~~TF~ti '': Attest: g L ~ ~~ ~ ,~ JAYCEE HOLMAN, CITY CLER~~O,9 r ~s~ ' \oQ'~~~°' '~~,.. ~avr~rcY ~ ,.,, ~r~lfrel; Pl .r~~'\\~ ~`` Victory Road Sewer Connector Trunk -Construction page 9 of 12 Project 10191 r-.Approved as to Content BY: KEIT TTS, URCHASING MANAGER Dated: f -- ~ ~/ -1 ~ Approved as to Form CITY ATTORNEY ~ Victory Road Sewer Connector Trunk -Construction Project 10191 Departure t Appr al BY: NAME:1n1~ttA.~3N ~ ~'f- TITLE: ~i~zN~i.~-tznc. rNM~-Ac.KfZ Dated: r - page 10 of 12 Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW-11-10191 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW-11-10191, are by this reference made a part hereof. Victory Road Sewer Connector Trunk -Construction page 11 of 12 Project 10191 Attachment B MILESTONE /PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $365,115.75. ,. , PRtC1NG ~~i..E Furnish all labor, materials, equipment, and incidentals as required for the VICTORY ROAD SEWER CONNECTOR TRUNK - (CONSTRUCTION), per Bid # PW-11-10191. Spec Payment Reference Item Description Est Qn Uni t Unit Price Total Price 205.4.1.8.1 Dewaterin 1 LS $ 1.00 $ 1.00 304.4.1.A.1 Trench Foundation Stabilization 500 CY $ .00 $ 500.00 306.4.1.D.1 Im orted Trench Backfill 500 CY $ 10.75 $ 5,375.00 307.4.1.F.1 T e P Surface Restoration 245 LF $ 93.00 $ 22,785.00 501.4.1.8.1 Gravi Sewer Pi e - 8" PVC 158 LF $ 93.50 $ 14,773.00 501.4.1.8.1 Gravi Sewer Pi e - 27" PVC 2661 LF $ 83.75 $222,858.75 501.4.1.E.1 Abandon Existin Sewer Lift Station 1 LS $ 4,000.00 $ 4,000.00 502.4.1.A.1 Sanita Sewer Manhole - 48" T e A 2 EA $ 4,090.00 $ 8,180.00 502.4.1.A.3 Sanita Sewer Manhole - 60" T e B 5 EA $ 6,471.00 $ 32,355.00 02.4.1.F.1 Connection to Existin Manhole, 27" 2 EA $ 7,600.00 $ 15,200.00 06.4.1.8.1 Concrete Valle Gutter 8 LF $ 28.00 $ 224.00 1103.4.1.A.1 Construction Traffic Control 1 LS $ 2,500.00 $ 2,500.00 2010.4.1.A.1 Mobilization 1 LS $ 5,000.00 $ 5,000.0 SP-2105.4.1.A.1 Sewa e B ass Plan 1 LS $ 200.00 $ 200.00 SP-2105.4.1.8.1 Sewa e B ass Control S stem 1 LS $ 2,340.00 $ 2,340.00 SP-2216.4.1.A.1 Storm Water Mana ement 1 LS $ 3,485.00 $ 3,485.00 SP-2217.4.1.A.1 IPCO Power Pole Support 1 LS Direct Cost Reimbursement** Direct Cost Reimbursement** SP-2218.4.1.A.1 Kenned Lateral Crossin 1 LS $25,339.00 $ 25,339.00 TOTAL CONTRACT AMOUNT ....... $365,115.75 ** Contractor is responsible for utilizing Idaho Power personnel in a professional responsible manner as to keep the costs of the Power Pole Support to a minimum. Additional costs incurred which are out of the control of the contractor, including but not limited, to the lack of scheduling or due to contractors negligence shall be borne by the contractor. Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. ,~ Victory Road Sewer Connector Trunk -Construction page 12 of 12 Project 10191 Meridian City Council Meeting DATE: February 1.2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Task Order No. 10220 with Brown and Caldwell for Construction Stormwater Management Program FY 2011 Consulting for the Not-To-Exceed Amount of $51,000.00. This Task Order VNould be Pursuant to the Master Agreement Dated November 28, 2006 MEETING NOTES ~~~" /' CLERKS OFFICE FINAL ACTION GATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~i~E IDIAN~-~- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Max Jensen DATE: 1/26/11 mama tanonv ae ocean cM C~ 111awas: Kona B,aD Baas Xoaalim Caaues RomRaec Dam Zaacataa SUBJECT: Task Order with Brown and Caldwell for Construction Stormwater Management Program FY 2011 Consulting for the not to exceed amount of $51,000. This Task Order would be pursuant to the Master Agreement dated November 28, 2006. I. RECOMMENDED ACTION A. Move to: 1. Approve the Task Order with Brown and Caldwell to provide Consulting services on an as needed basis for the City of Meridian's Construction Stormwater Management Program, in an amount not to exceed $51,400.00; and 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works 489-0372 Warren Stewart, PW Engineering Manager 489-0350 Max Jensen, Capital Projects Manager 489-0344 III. DESCRIPTION A. Back rg ound ~. The City of Meridian's capital improvement construction projects must meet the Environment Protection Agency's guidelines listed in the Construction General Page 1 oj3 ~''`~ Permit. If the guidelines are not met, EPA can fine up to $10,000 per day for violations. B. Proposed Proiect This Task Order with Brown and Caldwell will assist the City in remaining compliant with the Environmental Protection Agency's Construction General Permit. Brown and Caldwell would be available for consulting (on an as-needed basis) relating to project management, review and comment on Stormwater Pollution Prevention Plans prepared by contractors for capital improvement projects, review and comment on City inspectors SWPPP reports, provide support services, and be available for SWPPP development if needed. It is vital to the City to have a consultant knowledgeable in stormwater management contracted to reduce the potential for EPA fines. This Task Order will provide as-needed services while The Environmental Division hires a Comprehensive Surface Water Protection Program Administrator. This Task Order will assist the City to remain compliant with the Environment~tPr the t S~~ anWat ProtectionnProgram Permit from the present t Administrator is fully functioning. C. Consultant Selection ~"~ Brown and Caldwell were originally contracted by the City to prepare the original Construction Stormwater Management Program for the City. They have also been our Construction Stormwater Management Program consultant for the last 3 years bringing consistencies to the implementation and enforcement of the program. N. IMPACT A. Strategic Impact: This consulting work will conserve and protect our natural resources and will assist in keeping the City compliant with the Environmental Protection Agency's General Construction Permit. B. Service/Deliverv Impact: Consultant will assist the City to remain compliant with the Environmental Protection Agency's General Construction permit during the transition of services being provided from a third party consultant to an in-house employee. C. Fiscal Impact: Proiect Costs Consultant Agreement $ 51,000 Page 2 of 3 ~'~~. Project Funding Funding would come from the following pre-approved budgets: 3200-55080 $ 38,295 3200-55090 $ 6,758 3200-55182 $ 5,948 V. ALTERNATIVES A. The City could postpone this work until the Comprehensive Surface Water Protection Program Administrator was hired and knowledgeable with the position and responsibilities. The Comprehensive Surface Water Protection Program Administrator would need a transitioning period while working with Brown and Caldwell and internal staff to become effective with the position. VI. TIME CONSTRAINTS Council's approval will allow the continuation of Brown and Caldwell's consulting services, on an as needed basis, while transitioning these services to be provided in- house by the Comprehensive Surface Water Protection Program Administrator. The ,.~ continuation of Brown and Caldwell's consulting services will also eliminating potential EPA fines (up to $10,000 per day) for violation(s) of the EPA Construction General Permit in FY 2011. VII. LIST OF ATTACHMENTS A. Task Order 10220 with Brown and Caldwell for Construction Stormwater Management Program consulting Approved for Council Agenda: ate Page 3 of 3 ~~E IDR IAN~- ~J PURCHASING .AGENT 33 E. Broadway Ave, Meridian, ID 83642 Phone: (208) 489-0417 Fax: (208) 887-4813 TASK ORDER NO. 10220 Between CITY OF MERIDIAN AND BROWN -AND CALDWELL This task order is issued by City and accepted by the engineer pursuant to the mutual promises, covenant and conditions contained in the master agreement between the above mentioned parties dated April 13, 2010. This task order isfor as-needed consulting services and may be terminated by City at any time. Construction Stormwater Management Task Order 10220 SCOPE OF SERVICES Introduction 54-051364 As part of our stormwater management support services, Brown and Caldwell has been developing Stormwater Pollution Prevention Plans (SWPPPs), reviewing SWPPPs, performing third-party stormwater management reviews to provide an independent perspective on the City of Meridian's (City's) compliance with the construction general permit (CGP), and providing technical support for the implementation of the Construction Stormwater Management Plan (CSWMP). Because of the successful implementation of the overall CSWMP completed in October 2007 and updated throughout 2008, 2009, and 2010, continuing SWPPP reviews and third-party reviews on every City public works project appears unwarranted. Instead, Brown and Caldwell suggests the City limit SWPPP audits and third-party reviews to large, complex projects with higher potential for instances of non-compliance. Determination of which projects meet these criteria will be done on a case-by-case basis collaboratively between the City and Brown and Caldwell. As part of this scope of work, Brown and Caldwell will review the status of the City's Construction Stormwater Management Program and make recommendations on how to continue implementation of the program in 2011 along with suggested changes to the program to better '~'`~meet compliance goals. A portion of the amendment budget will be allocated towards addressing these recommendations. Finally, Brown and Caldwell developed two project SWPPPs for City projects over the past two years. Based on the success of this process and the likelihood of additional projects in fiscal year 2011, we have included scope and budget for development of one SWPPP as part of this request. This task order is being submitted for City approval to provide the following services. These services will be provided on projects chosen by the City and Brown and Caldwell that disturb one or more acres of soil and therefore, need to meet the requirements of the CGP. Task 1 -Project Management Brown and Caldwell's project manager will coordinate directly with the project manager for the City, as needed, to identify projects needing reviews and review the reports and budget status. Task 1 includes setting up the project budget and schedule and overall tracking of the work progress. It also includes tracking dates and times of on-site reviews for reporting purposes. Deliverables Monthly invoice. Task 2 -Initial Review and Comment of Project SWPPP Task 2 includes an initial thorough review of a project SWPPP with recommendations on how to address potential areas of non-compliance. Recommendations will come in the form of a comment spreadsheet that identifies specific areas that need correction or modification. The SWPPP review and comments will be completed within three days of receipt of the SWPPP. Deliverables . Excel spreadsheet with specific comments on recommended changes or modifications to ensure compliance with the CGP. Task Cost Assumptions Includes review of up to six project SWPPPs based on the list of fiscal year 2011 public works projects provided by the City in a letter dated September 9, 2010. '~ Task 3 -Performance of Third Party Site Reviews Brown and Caldwell will perform third-party construction site stormwater reviews at projects so designated by the City. Prior to conducting any site review, the inspector will become familiar with the project location and specifications that govern the construction site. Inspectors will conduct reviews of all construction sites in a professional manner and document all findings and recommendations within a technical memorandum. The reviews will be conducted using the following guidelines in accordance with the CSWMP: • Reviews shall be at least every 30 days. If significant deficiencies are found, afollow-up review will occur within seven days. Provide to the City and the responsible contractor within 48 hours of each review written findings and recommendations. . Upon review of the project SWPPP, provide to the City written findings of any necessary changes to the SWPPP or best management practices (BMPs) within 48 hours. Brown and Caldwell will provide City management with a copy of the review report in a technical memorandum format. While Brown and Caldwell can identify deficiencies and suggest solutions in the review report, the City is responsible for ensuring the deficiencies are addressed by the contractor. The City will provide the list of projects that are subject to review. The list of projects will be updated every three months by the City. Deliverables . Project review reports to the City within 48 hours of the review. sue.. Task Cost Assumptions Third-party reviews will occur once every 30 days for six projects based on the list of fiscal year 2011 public works projects (and their estimated construction schedules) provided by the City in a letter dated September 9, 2010. • Each review and follow-on report would require five hours, including travel time, plus materials. Task 4 - CSWMP Support Services .~ Brown and Caldwell will provide support services to the City on technical and programmatic questions regarding the CSWMP and address potential changes to the plan as requested by the City. Specifically, this task will focus on pursuing recommendations resulting from Brown and Caldwell's review of the existing CSWMP. The recommendations to be pursued within this task will be determined based on conversations with City staff and what is feasible considering the amendment budget. This work may include additional training of City staff (e.g. the construction stormwater management seminar for City staff and City contractors during Public Works Week) based on City needs. Deliverables • Documentation associated with recommendations pursued by the City. Task 5 - As-Needed SWPPP Development Brown and Caldwell will develop SWPPPs for projects so designated by the City. Coordination with the City and the prime contractor (Contractor) is critical when developing a SWPPP to meet all of the CGP requirements. Brown and Caldwell will coordinate with the Contractor on the selection of appropriate BMPs for the project. The SWPPPs will be developed using the U.S. Environmental Protection Agency (EPA) template and will include the transmittal letters from the United States Fish and Wildlife Service (USFWS) and the Idaho State Historic Preservation Office (SHPO). The final SWPPP will be completed within seven days of receipt of the notice to proceed. This task assumes development of one SWPPP. Deliverables o"r • 90 percent complete draft SWPPP for City and contractor review. • Final SWPPP for City and contractor certification. Task Cost Assumptions . SWPPP may be developed for one project based on the list of fiscal year 2011 public works projects provided by the City in a letter dated September 9, 2010. TIME OF PERFORMANCE The attached project schedule presents a timeline to complete the tasks described in the scope of work. 1 - Project Mana ement -. - Throu hout the. ro'ect 2 -Initial Review and Comment of Project SWPPP Within three days of receipt of the project SWPPP 3 -Performance of Third-Party Site Reviews Once every 30 days with review findings returned within 48 hours 4 -CSWMP Su ort Services As-needed from notice to roceed 5 -SWPPP Develo ment As-needed from notice to proceed COMPENSATION ,~-.,Brown and Caldwell proposes conducting this work on atime-and-materials basis in accordance with the rate schedule attached to the master agreement dated April 13, 2010. The following table provides a summary fee estimate for the scope of services proposed in this task order. The fee estimate is based on the assumptions developed from our conversations with City staff. This contract schedule and fee is based on an assumed nine-month schedule (January 1, 2011 through September 30, 2011). requested by the City. by City at any time. r~ However, the budget is highly dependent on the level of assistance This task order isfor as-needed consulting services and may be terminated 1 - Pro'ect Mana ement $5,500 2 -Initial Review and Comment of Pro'ect SWPPP $6,000 3 -Performance of Third-Pa Site Reviews $30,500 4 - CSWMP Su ort Services $5,000 5 - As-needed SWPPP Develo ment $4,000 Total $51,000 CITY OF ME DIAN 3 % TAMMY de W ~D, MAYOR Dated: ~~/ " ~~ BROWN AND CALDWELL Jeffrey S. Joh , Ph. ., P.G. Dated: ~l3~Zv1( Approved by City Council: o~ ~- / \ ; ,~" ,~fi-3~j~~~~,,~~ Attest: ~i/ ~ r'y-. F ~ 0 ~1AYC . H AN, CITY CLERK S L Approved 9 ~ s to C ntent 9 ~~r ~s~ • ~ . ` ,, O ~~~ `OQ \`\~ KEI A S, UR ASING AGENT j"""~"`~ Title: Fac.-~~~~Rt,~~ ~Man~AC~N~z Dated: 2 Z Dated: ~/L~/~~ Tz S So o A SB $ S S S S SS S ~ ~ g g ~ E_ m~ O o ~ O ~ N ~ ~ O ~ ~ O ~ (V ~ $ $ V 5 ) O 8 ~ p ~ ~ p S o m~ S 8 m ~. r e - N ~ ~ N O ~ Yi [ 7 ~ t 7 O V S ~ Z A O N N ~ r m t+ J M V W w w w w w w w w w w w w w w w w w w w O V N w N w Z S ~ S S ti 0 0 0 S O S 0 0 0 0 O r O ~ ~ $ V cY t` rn ! K n {" c+ ) O ~~ ~ O ~ ~ S ~ ~ S g O S O p ~ O $ Z Q K ~~ c~ N '"~ N u i N w w w w w w w w w w w w w w w w w w w S S O O O O S 0 O 0 O 0 O S O O S O O S O 'O . S O S S y E_ m~ pp N pOp ~ N ~ppfppi aD ~~pp VNf O M p O O Q 8 O S 8op oW pp pO 8 O S ~ V r v Op m r ~ V O~ t~ Q ~ O~ Of fp N V N ® O t~ O N ~q th ~ 47 tQ N Z ~ F N ~ N ~ O U "' ~ N a a V O m N n p K w w w w w w w w w w w w w w w w w w w Q w w ~ $ o° o° S S o° S S S °o °0 S °o S S S o° ~ o O C g N 0 0 ^ W N p Q 8 pp N 8 O pp ~ pp pp p y ~ m ~ d ~ ~ O m N ai th i[i .- O n O ui N M fJ ~ t7 tp LL'i r_ N Q m C U ~ a ~ w w w w w w w w w w w w w w w w w w w O S S CS t0 r S S O pp O S V p O O S S p p r r • ~ ~ M p p S ~(y r ~ o p N ~ N pp p ~ pN s pp y Q } ~ ~ V l ZQ ~ r N O N O ~ Oi V ~ f., t ('1 ~ t0 <!' . tD O M (O fV O f0 t V ~J ~ O .Q ~ U e V OQ W w w w w w w w w w w w w w w w w w w w W w w Q O O O O h O m O N N 01 O GV O S c p 0 S O O S S ~ O V~1 g ti ^„ y C C tv M ~ O W O ~ .- Of N N N N ~D OSD N O ~~ p Op aD N C~'1 O t0 O ~ O O G ~ « C U +~ ~ d ai N t~ . ~ V ao N <ti C M G Z. ~ d w w w w w w w w w w w w w w w w w w w O h S ~ t~ S S O O O O O O S O O O O O O O O O O h N O O S ® ~p ' N ,() m O N pp pppp M y tt ~~ ~ N m S ~ ~ 0 0 ~ m f g ~ W m~ r ~ r N h u1 N R N O V O ~ O t 0_ ~ A ~ D r h n ~ ~ w w w w w w w w w w w w w w w w w w H N , ~ (ri w w W z S O O pp N S n S S S S pp p N S gq O pp O p S S O LL n Y «. ~ c " O O V dV' ~ ~ n r~ N ~ ~ O M ~ c~c~ d ~ ~ N o M ~ Z Y «~ ~~ r rn ~ d ~n cv in ri v co v u N i ~ d w w w w w w w w w w w w w w w w w w w ~ S S . S O O ti p O S S p S O o S S S p S p O A 2 S S ~ m~ ~~ ~ ~ ~ ~ ~ $ ~ ~~ g ~ ~ ~ ~ ~~ ~ F m~ ~ m !~-. h N eV- N Y m. A N N i[i N Ci N W ~ V N. N M 1~ ~ ~ m d1 2 M w w w w w W W ~ w w w w w w w w N N N Z w N. v SS ~' S 4 ~ 8 S o S8 S 8 o S 8 S °v S ~ C «~ ~ ~ O W W m pQ .br ~ I~ O, pp O N tO0 ~ pp S S N Q M m O CW' R f ] ~ «..0 C t~ N ~, d O o cO n N Ki N M N ~ m ww w «v w w w w w w w w f9 w w w w V } m w ~~ (p > J U > U W J d J LL J N J d W Q LLI d u LLl J . cA J to J (n J Vl J fq Q U l J 0 ~C ~' U J J LL m ~ J m A ~' N h ~ _p (p ~ N VY N W .- ai m ro ~. ~ N pQ W d 3 N Q w N ~ N Q r N~ W t7 W r z O W J Q r °~ W Q O O K a ~ m ~ r c O ~ a 3 ~ N Z ~ ° ° E K Q o n ~ a O U m ~ ~ ~ r r N m _ J ~ ... ~ V! a m N ~ U ! > 1 ~ J FO ' O b ~ ~ ~ m ~ 0 G m a ~w y V m ~ ; L ~ C~ V ~ m ~ ~~ W Q O ~ ~ m ~ ~ ~ ~ ~ U ~ N ~ U UJ U N F. v S ~ $ ~ '~ ~ r ~ ~ ~ d ~ d ~ C H ~ ~ ~ ~ o d > r w ~ m ~ a a~ ~ 48 ~ c" ! m a o` j o 23 m ~ y m m m ~ ~ o ~ eo ra a o ~ ~ m m~ 2 ~ ~ ~ d a p c c orb E rc ~c ~ ~ n inc °~v° c°~ ~ c n in a Y ~ r w~ . ~Z -~ m¢ .- o ~ LL ~. m~ -. a u - i gy ¢ m, ¢u -r . (n ~- 4 - G• a - m r g _ _ q¢ ~ ~ r W W gz . m -~ dW v a v v v v. t v o e o v q ~ ~ m n ad dd ° C.7 LL' W p 0 0 N N ~ p 0 c1 d 0 l 0 ~ ~ 0 ry 0 ~ N 0 ! 6 pp ~~ h O ~ p N N N N fNV a (J W d~ T ~ N d a d d d W~ d ~ ~ ~ ~ ~ N ~ ~ ,r--~. ~~ C17Y OF MERIDIAN VICTORY ROAD SEWER CONNECTOR TRUNK LINE Engineer's Opinion of Probable Construction Cost SPEC. PAYMENT REFERENCE ITEM DESCRIPTION EST. QUANTITY UNIT UNIT PRICE TOTAL PRICE 205.4.1.6.1 Dewatering 1 304.4.i.A.1 Trench Foundation Stabilization LS $5,000 $5,000 306.4.1.D.1 Imported Trench Backfill 500 CY $15 $7,500 307.4.1.F.1 YPe u ace es ara ion spa oa way 500 259 CY LF $20 $75 $10,000 $19 425 501.4.1.6.1 Gravity Sewer Pipe - 8" PVC 175 LF $50 , $g 750 501.4.1.6.1 Gravity Sewer Pipe - 2T' PVC 26b1 LF $175 r $465,675 501.4.1.E.1 Abandon Existing Sewer Lift Station 1 LS $10,000 $10,000 502.4.1.A.1 Sanitary Sewer Manhole - 48" Type A 2 EA $3,500 $7,000 502.4.1.A.3 Sanitary Sewer Manhole - b0" Type B 5 EA $12,000 $60,000 502.4.1.F.1 Connection to Existing Manhate, 2T' 2 EA $7,500 $15,000 706.4.1.6.1 Concrete Valley Gutter 8 LF $50 $400 1103.4.1.A.1 Construction Traffic Control 1 LS $2,000 $2,000 2010.4.1.A.1 Mobilization 1 LS 25000 $25,000 SP-2105.4.1.A.1 Sewage Bypass Plan 1 LS $1,000 $1,000 SP-2105.4.1.6.1 Sewage Bypass Control System 1 LS $8,000 $8,000 SP-221b.4.1.A.1 Storm Water Management 1 LS $3,000 $3,000 SP-2217.4.1.A.1 IPCO Power Pole Support 12 EA $3,500 $42,000 SP-2218.4.1.A.1 Kennedy Lateral Crossing 1 LS $5,000 $5,000 TOTAL: $694,750 J-U-B ENGINEERS, Inc. Project #: 10-10-050 12/14/2010 ~~ c; u Z ~ Q c ~ m w _ ~ w ~ ~ Z ~ < " m " 3 wao o ~ C Q Q N ~ ~ ~ ~ W W yXV~ a O Q t ~~ ~ h LL ~ a ~ ~ ~ U U_ } ~ / ?~ C O M LLI ~~ °° ~ z „"~ o ~ d c"''Yo U ~ CJ x ~ F~ 3 m° a ~- ~ m`a z~ a `~.v o w w~ 0 =z rn P ~ Q ' `- M M a n: N M ~ M ~ r {~ ~ ~ ~ ~ w ~ O CO ~ 0 O ~ Q Z W m ~ ~ ' ~ Z z = w tL+ 7 ~ a m ~ o N O S F- Q t ((' M r ...j H Z (~ N J_ U Z O U O N Z s S O a F- a z .~ my ow ~o r ~o FQ ~a ~ w ~ a a ~ ~ r p ~ N N ~ ~ ~ `S ° ~ O r O ~~~ O 333 J -- ~ O ~M w ~ m ~ ~ O p a Q aZ! ~ Q ~ ~ ~ U~ U ~O ~ o Z H ~ z ~ O O¢ o Q U U a } p 0 ~"i o U) ut Z W ~o O a: -~ Z Meridian City Council Meeting _DATE: February 1, 2011 ITEM NUMBER• 5L PROJECT NUMBER: ITEM TITLE: Amended Agreement for Hook-up to the City of Meridian's Sewer/Water System Outside the City Limits: Diamond View Assisted Living, LLC, 3570 E. Amity Road, Meridian, ID 83642 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~i~E IDIAN~. " Public ~ ~A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Denny Cline Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba DATE: 1/28/11 SUBJECT: Amended Agreement For Hookup to the City of Meridian's SewerlWater System Outside the City Limits: Diamond View Assisted Living, LLC 3570 E Amity Rd., Meridian, ID 83642 RECOMMENDED ACTION A. Move to: 1. Approve an Amended A Bement For Hooku to the Ci of Meridian's Sewer/Water S stem Outside the Ci Limits: Diamond View Assisted Livin LLC at 3570 E. Amity Road Meridian ID 83642 This vurll amend the original Agreement dated 6/2/09, to reflect the elimination of the requirement of the sewer/water user to be responsible for the construction, operation and maintenance of a temporary pressure sewer and off peak lift station. This amendment also reduces the amount of surety required from the Sewer/Water user associated with the gap sewer trunk main in Meridian and Victory Road. 2. Authorize the Mayor to sign the easement and the City Clerk to attest it. II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works 489-0372 Bruce Freckleton, Development Services Manager 489-0362 Scott Steckline, Land Development Supervisor 489-0369 Denny Cline, Development Analyst II 489-0363 Supervisor Approval Scott Steckline Page I ojl ADA COUNTY RECORDER Chrisropher D. Rich AMOUNT .00 ! BOISE IDAHO 02102111 11:28 AM RECO oED C REQUEST of III illlllllllllillllllllllllllllll III ~,,,,~ Meridian Ciry 111010392 iED AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS: DIAMOND VIEW ASSISTED LIVING LLC 3570 E AMITY RD MERIDIAN, ID 83642 :.;;r THIS AGREEMENT is made and entered into this day of ' 20 ~ ~, by and between CITY OF MERIDIAN, a Municipal corporation of the State of Idaho, hereinafter referred to as "CITY", and hereinafter defined and hereinafter referred to as "SEWER/WATER USER". ~ ~ as 1 • RECITALS: 1.1 WHEREAS, "Sewer/Water User" is the sole owner, in law and/or in equity of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property"; and 1.2 WHEREAS, Idaho Code §50-323, provides and empowers cities to establish, create, develop, maintain and operate Sewer/Water systems; and 1.3 WHEREAS, "City" operates and maintains and develops asSewer/Water system; and 1.4 WHEREAS, the "City" has enacted an ordinance governing its Sewer/Water system codified in Meridian City Code § 9-4-26 and 9-1-16; and 1.5 WHEREAS, the "Sewer/Water User" is the owner of "Real Property" hereinafter described which is presently located outside of the city limits of the "City"; and 1.6 WHEREAS, the "Sewer/Water User" is desirous of obtaining connection to the Sewer/Water to serve the "Real Property" and the "City" is willing to provide that connection to the Sewer/Water service to the "Sewer/Water User" subject to the terms and conditions and consideration of this agreement, and it is specifically agreed that as a specific consideration of the "City's" willingness to enter into this agreement that the "City's" "Ordinance" and "Policy/Regulations" which govern its Sewer/Water system be included as terms and conditions of this agreement and that the AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S ~"`~ SEWER/ WATER SYSTEM OUTSIDE THE CITY LIMITS ~ "Sewer/Water User" provide perpetual consent to annexation of the "Real Property" in to the "City". 2. DEFINITIONS: For all purposes of this agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 2.1 "City": means and refers to the City of Meridian, County of Ada, State of Idaho. 2.2 "Sewer/Water User": means and shall refer to and/or the person who is the owner of the real property. 2.3 "Real Property": means and shall refer to certain parcel(s) of real property located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length together with improvements thereon. 2.4 "Ordinance": means and shall refer to the City's ordinances that appertain to the regulation and control and use of its Sewer/Water system presently at Meridian City Code § 9-4-26 and 9-1-16, and this definition specifically includes any prospective amendments and/or recodifications to said ordinance or any parts thereof, and shall also refer to any other ordinance of the City of Meridian governing the "Sewer/Water System". 2.5 "Policy/Regulations": means and shall refer to any City Council enacted policy and/or regulation of its Sewer/Water system. 2.6 "Sewer/Water System": means and shall refer to the City's Sewer/Water system. NOW TI~REFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 3. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and aze incorporated herein as if set forth in full. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S sue. SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS 2 s~ 4. PROVLSION OF SEWER/WATER HOOKUP SERVICE: The "City" agrees to authorize a connection to the "Sewer/Water System" to service the "Real Property" subject to the terms and conditions of this Agreement. CONDITIONS AND REQUIREMENTS OF SEWER/WATER USER FOR THE HOOKUP OF THE SEWER/WATER LINE TO THE REAL PROPERTY: 5.1 The Sewer/Water user shall be responsible for all costs associated with the preparation of construction plans, acquisition of necessary easements, and all costs of construction. The hookup and assessment costs relative to the "Sewer/Water System" connection shall be the responsibility of the "Sewer/Water User". 5.2 5.3 The Sewer/Water user shall be responsible to construct a 12 inch water main that will be located in E Amity Road to and through the Developers own property. ~,..,~ 5.4 5.5 The Sewer/Water user shall pay all Sewer/Water assessments prior to receiving City services. 5.6 - The Sewer/Water user has fulfilled their obligation to comply with the City's "to and through" policy and therefore will not be responsible to construct or participate in any costs associated with any future sewer main located in E. Amity Road along the user's frontage. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S ~. SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS 3 s"~ 5.7 The Sewer/Water user shall post a Surety in the amount of $ ~~ $8.887.50 . This Surety can be used by the City of Meridian for construction costs associated with sewer services to The Sewer/Water user. Including but not limited to Sewer trunk main in Meridian and Victory Road. 6. ORDINANCE APPLICATION: The "Ordinance" and "Policy/Regulations" apply to the Sewer/Water service and connection and are herein incorporated as specific terms of this agreement and at such time or times as the "Ordinance" and/or "Policy/Regulations" is/are amended or recodified, this agreement is automatically amended in accordance therewith. 7. ANNEXATION: At such time as the real property becomes legally eligible for annexation into the "City", the "Sewer/Water User" herein gives consent to such annexation, agrees to pay the annexation application fee, agrees to apply for annexation, and diligently pursue annexation into the City. This provision of this Agreement is a written request and application for such annexation in accordance with I.C. § 50-222 or any amendments or recodification of said statute. 8. HOOKUP AND SERVICE FEES: The charges for hookup, inspection, and service fees shall be in accordance with the provisions of the "Ordinance" and/or "Policy/Regulations" as are applicable for real properties outside of the city limits. 9. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Sewer/Water User" cost, and submit proof of such recording to "Sewer/Water User". 10. DEFAULT: default. Any failure to perform the terms and conditions of this agreement shall be a AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S ,~--r, SEWER/ WATER SYSTEM OUTSIDE THE CITY LIMITS 4 11. REMEDIES: 11.1 This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "SewerJWater User", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. In addition, remedies available to the City include but are not limited to, termination of Sewer/Water service to all users located on the real property covered by this agreement. 11.2 In the event of a default, written Notice of Default shall be served and defaulting_party shall then have thirty (30) days after delivery of notice of default to correct the same before the non-defaulting party may seek any remedy provided for herein. 11.3 In the event the performance of any covenant to be performed hereunder by either "Sewer/Water User" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 12. NOTICES: 12.1 Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o Public Works Director City of Meridian 660 E. Watertower, Suite #200 Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 PROPERTY OWNER: Diamond View Assisted Living LLC 3570 E. Amity RD Meridian, ID 83642 AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS 5 12.2 A party shall have the right to change their address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 13. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 14. TIlVIE IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 15. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the owner of the property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. 16. INVALID PROVISION: ff any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised there from and the invalidity thereof shall not affect any of the other provisions contained herein. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS 6 17. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Sewer/Water User" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Sewer/Water User" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", a duly adopted resolution of "City". 18. TERMINATION: At such time as the "Real Property" is annexed into the City, this agreement shall terminate except for any default that exists at such time shall still be enforceable pursuant to the terms of this agreement. 19. EFFECTIVE DATE: This Agreement shall be effective at such time as both parties have executed this Agreement. ~. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S ,,~-.~_ SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS 7 ACKNOWLEDGMENTS ~. IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. Property Owner Name: CITY OF MERIDIAN MA O TAMMY DE WEERD Diu ATTEST: \\\\\\`\\,~1~11 fif(f(f~`6~~~E~ ~ TFO :. J~YCEE~OLMAN, CITY CLERK ~+uAL ~.~ ~ ~: ''fig _ ~T ~ . ~• APPROVED BY COUNCIL ON: ,~''~' ~n4` ~~`~ STATE OF IDAHO, ) County of Ada) . ss. On this ~~ day of , in the yeaz 20 t1 ,before me, the undersigned, a Notary Public, personally appeared.Tcon .~trrcki~S known or identified to me to be the property owner, who executed the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S .rte SEWER/ WATER SYSTEM OUTSIDE THE CITY LIMITS 8 i''`~. Notary Pu is for Idaho . Residing at: ' My Commission xpires: - / • 20/ STATE OF IDAHO, ) . ss. County of Ada ) On this ~_ day of , in the year 20~, before me, the undersigned, a Notary Public, personally appeared AMMY DE WEERD and JAYCEE '~ HOLMAN., known or identified to me to be the Ma or and Clerk res Y pectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ~.....~~ (SEAL) ~•GA JO~.,~ ,W, • .•~, ~' , . ~ ~ . • ••..... No Public for I o Residing at: My Commission Expires: a. oZ AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S ~, SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS 9 Meridian City Council Meeting DATE: Februa 2011 ITEM NUMBER: ITEM TITLE: 1 Sanitary Services: Spring Cleanup Week PROJECT NUMBER: MEETING NOTES J CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 1, 2011 ITEM NUMBER: 7 PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES ~. CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 1, 2011 ITEM NUMBER: $q PROJECT NUMBER: ITEM TITLE: Mayor's Office: Resolution Member, to the Parks and No. ~ J Recreation Commission Appointing Andrew Mitzel, a Youth MEETING NOTES n~,~,,,~,re~( r' Y l CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. ,~ - ~~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING A YOUTH MEMBER TO THE PARKS AND RECREATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Meridian and the Meridian Parks and Recreation Commission recognizes and values the unique perspective of the youth of the Meridian community; and WHEREAS, Meridian City Code § 2-5-3(C) states that a youth member maybe appointed to the Commission, for a term of up to one year; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code § 2-5-3(C), Andrew Mitzel is hereby appointed as Youth Member of the Meridian Parks and Recreation Commission, for a term to expire on August 31, 2011. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval S~ ADOPTED by the City Council of the City of Meridian, Idaho, this ~ day of February, 2011. APPROVED by the Mayor of the City of Meridian, Idaho, this f day of February, 2011. APPROVED: ~T ~ ~~~~~'~~~; \,\\\~~~11t11111/)J~~~ \`~ ~ OF ~~~ lk~~yor Tjam y de Weerd ATTEST: `,.~~ ,~,, a~~r~-9,$, ~,J/ o ,~' '.- aycee lman, City Cle~c ~ c~' ti`s ~f' CUtJl~l~'>` ~~~~~f~liirrt~~ „~ ., RESOLUTION APPOINTING ANDREW MITZEL AS YOUTH MEMBER MPR COMMISSION Page 1 of I ~. Andrew J. Mitzel 1960 Aronmink way Meridian ID 83646 andrewmitzel@u.boisestate.edu (208)-695-5440 Education Boise State University Fa112006 -Present Working towards Degree in History with a minor in Leadership Studies, then planning to pursue a Masters of Public Administration 3.06 Cumulative GPA Clubs/Oreanizations - Fraternity of Alpha Kappa Lambda Fraternity Vice President January 2010-Present - Chaired all Executive Board meetings ~ - Required to be familiar with national, state, and local laws, chapter constitution, bylaws, ritual, The Truth and The Word, and all officer duties and publications - Cosigned all checks written by the Fraternity - Appointed all Judicial Board members - Chaired all judicial hearings - Required to maintain and fill out all reports at the local and national level - Keep all bylaws and judicial rules up to date including writing new policies Fraternity President January 2009-January 2010 - Chief executive officer of the organization, Preside over all meetings - Oversee all executive staff members - Maintain all communications with National Head Quarters - Appoint all committees and chair positions - Act as the representative and liaison between AKL and all the parties that AKL interacts with. Recruitment Chair January 2008-January 2009 - Scheduled and planned all recruitment events - Attended all recruitment events and met with potential new members - Attended all summer/winter new student orientations ~, -Inter-fraternity Council Founding Father/President Fa112008-January 2009 - Chief executive officer of the organization, Presided over all meetings - Submitted all information and paperwork as it is required to the Student Activities Office or the Office of Greek Life - Assisted the Advisor and the Vice President of Finance in preparation of requests for funding from the Associated Students of Boise State University, and signed all requests. - Acted as the representative and liaison between the IFC and all parties that the IFC interacted with. Activities/Awards - Leadership Quest Boise State University - Volunteered for Student Programs Board - Service Saturdays -volunteer - Volunteered for Boise State Student Orientations - Western Regional Greek Leadership Conference - Greek Week -planning committee 2009/2010 - 2008 National Fraternity Conclave Delegate (Birmingham, Alabama) - 2009-2010 Boise State Greek President of the Year Work Experience Boise State University (Peer Advisor) June 2009-Present - Required to understand and effectively communicate curriculum, graduation requirements, as well as university and college policies and procedures to students - Assist students in defining their academic, career, and personal goals, and assist students in creating an educational plan that is consistent with those goals - Required to be available to answer students questions via phone, email, or personal appointments - Provide students with educational opportunities outside the classroom - Refer students to other campus departments and offices when necessary - Attend all new/transfer student orientations - Give presentations to both students and faculty on advising and school policies ASBSU (BSU student government) Executive Director Apri12010-Present - Directs execution of special projects - Liaison for university administration - Provides project support for other staff members - Chairs Boise State's Financial Advisory Board - Chairs Boise State's Election Reform Task Force References Jeremiah Shinn (Director of Student Involvement and Leadership Center BSU} (208)-426-1224 jeremiahshinn@boisestate.edu Sharon Meriwether (Assistant Director of Academic Advising BSU) (208)-426-4049 smeriwet@boisestate.edu Stephen Heleker (Associated Students of Boise State University President) (208)-315-4965 stephenheleker@u.boisestate.edu Meridian City Council Meeting DATE: February 1, 2011 ITEM NUMBER: $B PROJECT NUMBER: ITEM TITLE: Planning Department: Fee Waiver Request for Mr. Lee White for the Property Address of 1750 N. Ten Mile Road MEETING NOTES ;~ vim. CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~E IDIZ IAN*-- ~'~ January 21, 2011 MEMORANDUM TO: Mayor and City Council FROM: Anna Canning, Planning Department RE: Fee waiver request for Mr. Lee White - 1750 N. Ten Mile Road MayorTammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba The Planning Department is requesting two application fees be waived for Mr. Lee White (1750 N. Ten Mile Road). Mr. White applied last year for an accessory use application that was denied, but staff was unable to clearly explain the full appeal process to Mr. White at that time. Therefore, staff feels Mr. White should have the opportunity to apply again. We are requesting that the City Council waive the fee of $160 for an Accessory Use Permit and $692 for City Council Review. Planning Department . 33 E. Broadway Avenue Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org /~. ' MayorTammy de Weerd City Council Members: ~' E IDIAN ~' ~ Keithg ird Brad Hoa lun Charles Rountree David Zaremba January 5, 2011 Lee White 1750 N. Ten Mile Road - Meridian ID 83646 Parcel no. 51201336314. RE: Renewed application period for City of Meridian Accessory Use Permit for a home occupation at 1750 N. Ten Mile Road, Meridian, Idaho Deaz Mr. White: ~ - .. .. I am-writing as a courtesy to let you know the Meridian-Unified Development Code states that, within one year from the date of a denial, you may submit a new application r.,~ for an Accessory Use Permit ("AUP"~•for the same use and location. This means that on, or at any time after, January 28, 2011 you may resubmit to the City of Meridian Planning Department a new application for an t1UP, for a home occupation to repair and restore household and yard items at .1750-N. Ten Mile. Road. To recapitulate the course of events related to your previous AUP application: On December 22, 2009, you appeazed before Meridian City Council to request a waiver of the $160 application fee for an accessory use permit. City Council granted this request, and the application fee was waived. On January 6, 2010, you applied for an Accessory Use Permit (AUP-10-001) for a home occupation to repair and restore household and yard items at 1750 N. Ten Mile Road. By letter dated January 28, 2010, I denied this application, and informed you of your right to appeal this denial to City Council. Copies of your AUP application and my denial letter aze enclosed for your reference. The substantive provisions of the Meridian Unified Development Code related to your original AUP application have not changed in the last year. It is likely that upon your submission of an application that is identical or substantially similar to application no. AUP-10-001, I will again deny such application. If that occurs, you will, of course, have the right to appeal the denial within fifteen days of the date of the denial letter. Last year you did not appeal my denial of your AUP tb City Council within the appeal period, and as a result, my decision was final. I understand you have had questions regarding this ~. ~, process over the last year, and Planning Staff would be happy to answer any questions you may have on that matter. There is a $160 application fee for an AUP application. If you wish to request a waiver of this fee, you may do so on, or at any time after, January 28, 2011, by mailing a letter to the City Clerk's Office, the address of which is 33 E. Broadway Ave., Meridian, Idaho 83642. I would recommend asking Council to waive the fee for an appeal (City Council Review) as well. The fee for an appeal is $692; your request would therefore be for a waiver of fees in the total amount of $852. Please understand that City Council action regarding your fee waiver request would be separate and distinct from City Council action regarding the AUP application itself. Please contact me, or Assistant City Planner Kristy Vigil, at 884-5533 if you have any questions or concerns about this letter, or if you wish to request assistance with the fee waiver request or application process. Sincerely, ~~ V r~ Anna Borchers Canning, AICP Planning Director cc: Mayor Tammy De Weerd Encl. (2) Mayor Tammy de Weerd City Council Members: ~` E IDIAN~- Keithg ird Brad Hoa lun Charles Rountree D A H 0 David Zaremba January 28, 2010 Lee White 1750 N. Ten Mile Road Meridian, Idaho 83646 RE: Request for a Home. Occupation to Repair and Restore Household and Yard Items Located at 1750 N. Ten Mile Road. Dear Mr. White: This letter is in response to your application for a home occupation to repair and restore household and yard items out of your accessory garage located at 1750 N. Teri Mile Road. Unified Development Code (LTDC) 11-SA-2 requires a home occupation (accessory use) with customers, clients or employees to apply for administrative approval. Because you are proposing to sell the refurbished items to customers, you were required to apply for an Accessory Use Permit. In addition, any proposed home occupation shall meet the standards set forth in UDC 11- 4-3-21. Ihave attached a copy of UDC 11-4-3-21 for your convenience. After reviewing your Accessory-Use application for a home occupation, I regret to inform you I have to deny your application. Below, I have written.the required standards set forth in UDC 1~1-4-3-21 that the proposed home occupation does not meet: 1. In noway shall the home occupation cause the premises to differ from its residential character in the appearance, lighting, signs, or in the emission of noise, fumes, odors, vibrations, or electrical interference. The proposal to display merchandise on a regular basis changes the appearance of the residential character, e.g., the display of merchandise is typical of commercially approved retail shops. 2. The home occupation shall be conducted entirely in the dwelling, and not more than twenty five percent (25%) of the gross floor area of said dwelling shall be used for a home occupation or for storing goods associated with the home occupation. Materials maybe stored in an attached garage or storage area, provided it shall not reduce the required off street parking below the standard established for that district. You have not proposed to conduct the home occupation in the dwelling. The .Planning Departmerit . 33 E. Broadway Avenue Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854 www.meridiancity.org White, Lee Page 2 ~. proposal to conduct the home occupation within the detached accessory structure does not meet the standards in UDC 11-4-3-21. 3. No activity connected to the home occupation or any storage of goods, materials, or products connected with a home occupation shall be allowed in any detached accessory structure. The proposal to conduct the home occupation within the detached accessory structure does not meet the standards in UDC I1-4-3-21. 4. No retail sales shall be permitted from the dwelling except the sale of: 1) services or items produced or fabricated on the premises as a result of the home occupation; or 2) products secondarily related to the personal service aspect ofthe home occupation. Only items produced and/or fabricated on the site may be sold as part of your proposed home occupation. The repaired and/or refurbished merchandise may not be sold as proposed. Although I have denied your home occupation request, I do want to point out that items repaired and/or refurbished may be stored within a detached accessory structure. The stored items maybe offered for sale, offered for trade, or offered free of charge as allowed per the standards set forth for Garage, Yard, and Similar Sales in Meridian City Code (MCC) 3-4-3, which allows up to four garage sales per year. Please feel free to contact the City Clerk's Office at 208-888-4433 to obtain a copy of MCC 3-4-3. rte. You or a party of record may appeal this decision or a condition of approval by requesting City Council review of this decision within fifteen days after the written decision is issued. All requests shall be filed in writing with the Planning Department no later than February 12, 2010 and shall comply with the provisions of UDC 11-SA-6B. The application for City Council Review is available on our website at www.merdiancity.org, or upon request from this office. For additional information -about this decision or about your right to appeal, please contact this' office at 884-5533. Please feel free to contact Kristy Vigil at 884-5533 with any questions or concerns. Sincere~y, ~~ +, ~AJJn~ 111Vv'' Anna Borchers Canning, CP Planning Director Meridian City Council Meeting DATE: February 1 ~C711 ITEM NUMBER: PROJECT NUMBER: AZ 10-004 ITEM TITLE: Pecchenino Public Hearing: AZ 10-004 Pecchenino Annexation by City of Meridian Public Works Department Located 1955 N. Ten Mile Road Request: Annexation and Zoning of One (1) Acre of Land from RUT (Ada County) to R-4 (Medium Low-Density Residential) Zoning District MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting -DATE: February 1, 2011 ITEM NUMBER• gg PROJECT NUMBER: AZ 10-005 ITEM TITLE: Ada County Highway District Ten Mile Public Hearing: AZ 10-005 Ada County Highway District (ACRD) Ten Mile Annexation by City of Meridian Public Works Department Located Southwest Corner of W. Ustick Road and N. Ten Mile Road Request: Annexation and Zoning of 1.50 Acres of Land From Rl (Ada County) to R-4 (Medium Low-Density Residential) Zoning District MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 1, 2011 ITEM NUMBER: gC PROJECT NUMBER: MDA 10-011 ITEM TITLE: Silver Oaks Apartments Public Hearing: MDA 10-011 Silver Oaks Apartments by Silver Oaks Apartments, LLC Located Approximately 1 /4 Mile West of Ten Mile Road, North of W. Franklin Road Request: Modification to the Development Agreement to Reflect a New Development Plan and Increase in the Number of Residential Units Within the Development MEETING NOTES CLERKS OFF/CE FINAL ACT/ON DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 1, 2011 ITEM NUMBER: gp PROJECT NUMBER: CUP 10-014 ITEM TITLE: Silver Oaks Apartments Public Hearing: CUP 10-014 Silver Oaks Apartments by Silver Oaks Apartments, LLC Located Approximately 1 /4 Mile West of Ten Mile Road, North of W. Franklin Road Request: Conditional Use Permit for aMulti-Family Development Consisting of 369 Units on 24.61 Acres in an R-15 Zoning District MEETINGINOTES CLERKS OFFICE FINAL ACT/0N DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS