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2011-05-10
1. �E IDIAN�-- IDAHO CITY OF MERIDIAN CITY COUNCIL PRE -COUNCIL MEETING SPECIAL MEETING AGENDA Tuesday, May 10, 2011 at 5:30 p.m. City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Roll -call Attendance: X David Zaremba O Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Adoption of the Agenda Adopted 3. Executive Session Per Idaho State Code 67-2345 (1)(c)(f): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is not Owned by a Public Agency; and (f) To Consider and Advise Its Legal Representatives in Pending Litigation Into Executive Session at 5:31 p.m. Out of Executive Session at 6:08 p.m. Adjourned at 6:08 p.m. Meridian City Council Pre -Council Meeting Agenda — May 10, 2011 Page 1 of 1 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 Pre Council Meeting May 10, 2011 A Pre -Council meetingof the Meridian City Council was called to order at 5:30 p.m., Tuesday, May 10, 2011, by Mayor Tammy de Weerd. Members Present: Mayor Tamm de Weerd, Charlie Rountree, Keith Bird, Brad . y y Hoaglun, and David Zaremba. Item 1: Roll -call Attendance: X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: g. Oka I will o ahead and call our Special Meeting -- Special Meeting Y Meeting to order. For the record it is Tuesday, May 10th. It's 5:30. We will start with Roll Call attendance. Item 2: Adoption of the Agenda De Weerd: Item No. 2, adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we adopt the agenda as published. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as published. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 3: Executive Session Per Idaho State Code 67-2345 (1)(c)(f): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is not Owned by a Public Agency; and (f) To Consider and Advise Its Legal Representatives in Pending Litigation De Weerd: Item 3, Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council - Pre -Council Meeting May 10, 2011 Page 2 of 3 Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c), (1)(f). Bird: Second. De Weerd have a motion and a second to adjourn into Executive Session. Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Hoaglun, absent, Zaremba, yea. De Weerd: All ayes. MOTION CARRIED: THREE AYES: ONE ABSENT. EXECUTIVE SESSION: (5:30 p.m. to 6:10 p.m.) De Weerd: I will go ahead and entertain a motion to come out of Executive Session. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we come out of Executive Session. Zaremba: Second. De Weerd: I have a motion and a second to come out of Executive Session. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES: ONE ABSENT. De Weerd: Do I have a motion to adjourn? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we adjourn. Bird: Second. De Weerd: I have a motion and a second to adjourn our special meeting. All those in favor say aye. All ayes. Motion carried . MOTION CARRIED: THREE AYES: ONE ABSENT. Meridian City Council - Pre -Council Meeting May 10, 2011 Page 3 of 3 MEETING ADJOURNED AT 6:10 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) C211 lacllF MAYOR T Y De WEERD DATE APPROVED r BEST, •- t.... A EE OLMAN, CITY CLERK e ~ /11j1lttl1111. E IDIAN*-- iDAHO CITY COUNCIL WORKSHOP MEETING AGENDA Tuesday, May 10, 2011 at 6:00 PM 1. Roll -Call Attendance X David Zaremba O Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Adoption of the Agenda (Pg. 1-2) Adopted 4. Proclamation A. Proclamation for Mountain View Mavericks Day (Pg. 2) 5. Consent Agenda (Pg. 2-3) Approved A. Approve Minutes of April 26, 2011 City Council Meeting B. Approve Minutes of May 3, 2011 City Council Regular Meeting C. Award and Approval of Construction Management Agreement with Kreizenbeck Constructors D. Award and Approval of Bid #PW -11-10172B for Waterline Replacement to McMaster Construction & Development, Inc. in the Not -to -Exceed Amount of $167,520.70 E. Sanitary Sewer and Water Main Easement Agreement with Robert and Nedra Carpenter F. Approval of 2011-2012 Beer and Wine License Renewal for Fuddruckers, Located at 3421 N. Eagle Rd. Meridian City Council Meeting Agenda — Tuesday, May 10, 2011 Page 1 of 2 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. 6. Community Items/Presentations A. Meridian Development Corporation: Presentation and Update Regarding the Boise Online Mall and Desire to Feature a Meridian Page (Pg. 3-9) 7. Items Moved From Consent Agenda (Pg. 9) 8. Department Reports A. Fire Department: Deputy Chief Joe Silva's Final Address to Council as Fire Marshall (Pg. 9-11) B. Police Department: Officer Recognition (Pg. 12-13) C. Police Department: Strategic Plan Update (Pg. 13-19) D. Parks Department: Park Dedication Plaque Discussion (Pg.19- 22) E. Development Services: Pre-Directional's for Numbered Street Signs (Pg. 22-33) Approved Dual Pre -Directional on Numbered Streets F. Building Services Division: Budget Amendment for Air Cards for the Accela Project for a Not -to -Exceed Amount of $3,654.00 (Pg. 33-35) Approved G. Mayor's Office: Budget Amendment for State of the City Costs for a Not -to -Exceed Amount of $13,420.00 (Pg. 35) Approved H. Planning and Public Works Departments: Airport Road - Overland Road Corridor Study Update and Discussion on Land Uses and Serviceability (Pg. 35-40) I. Planning Department: Transportation Update on Projects, Priorities and Studies - Includes a Discussion on Ada County Highway District's (ACRD) Cost Share Policy, Updates on Future and Current Highway Projects, and Discussion About Agenda Items for the Upcoming ACHD-Meridian Joint Meeting (Pg. 40-51) 9. Future Meeting Topics (Pg. 51-53) Adjourned at 9:02 p.m. Meridian City Council Meeting Agenda — Tuesday, May 10, 2011 Page 2 of 2 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 May 10, 2011 A meeting of the Meridian City Council was called to order at 7:04 p.m., Tuesday, May 10, 2011, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Brad Hoaglun, David Zaremba, Keith Bird and Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Rick Dees, Jeff Lavey, Scott Colaianni, Joe Silva, Steve Siddoway, Bruce Freckleton, Robert Simison, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Thank you for your patience in waiting for us and welcome to the Meridian City Council meeting. For the record it is Tuesday, May 10th. It is ten minutes after 6:00. We will start tonight's meeting with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Thank you. 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: Adoption of the Agenda De Weerd: Item No. 3 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing no changes or anything on the agenda, I move that we adopt the agenda as published. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as published. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES: ONE ABSENT. Item 4: Proclamation A. Proclamation for Mountain View Mavericks Day De Weerd: I do have a proclamation as our next item and I will go ahead and move down to the other mike. Could I get the basketball team to come forward and join me. Actually, I should have you guys read this thing. Thank you for joining us here today. We have the state champs with us tonight. These young men are the state champions for the basketball and I have a proclamation to read in your honor and I will present this to your coach at the tail end of it. You guys make me feel petit. That's a good feeling. Okay. Whereas the City of Meridian recognizes and commends the Mountain View Maverick High School boys basketball team for having an outstanding season and whereas the Mountain View Mavericks high school boys basketball team achieved an unsurpassed level of success during the 2011 season winning the boy's 5A state basketball championship and whereas Mountain View championship would not have been possible without the supreme knowledge and astute leadership of Coach Nettleton and whereas the Mountain View High School basketball team is Brock Rule -- and when I say your name will you just kind of indicate who you are? So, Brock? All right. Zach Cooper. Tyson Percifield. And I will apologize if I say your name wrong. Dylan Williams. Tanner Percifield. Jesse Endicott. Chase Rowley. Alex Stewart. Michael Lewis. Spencer Berg. Brandon Luedtke. Randall Robinson. Max Curtis. And whereas the members of the Mountain View High School basketball team epitomize all that is good in today's student athlete as they have achieved a premier level of success in competition, while exhibiting the highest degree of character in all aspects of life, therefore, I, Mayor Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim May 10th, 2011, as Maverick's Day in Meridian, Idaho, and do encourage all citizens to support local athletes in all skill levels. I would like to congratulate these young athletes. We know that it takes a lot of dedication and certainly good coaching skills. Certainly -- how did I say it? Supreme knowledge and astute leadership by the chief -- by the chief -- by their coach. And we appreciate their dedication to their sport and congratulations. Nettleton: You know, it was a very fun and the Mayor for allowing us to come and be So, thank you very much for your time. rewarding season and we wanted to thank acknowledged as part of the proclamation. De Weerd: Now, isn't that what it's all about? Pretty cool. Item 5: Consent Agenda A. Approve Minutes of April 26, 2011 City Council Meeting B. Approve Minutes of May 3, 2011 City Council Regular Meeting C. Award and Approval of Construction Management Agreement with Kreizenbeck Constructors D. Award and Approval of Bid #PW -1 1-101 72B for Waterline Replacement to McMaster Construction & Development, Inc. in the Not -to -Exceed Amount of $167,520.70 E. Sanitary Sewer and Water Main Easement Agreement with Robert and Nedra Carpenter F. Approval of 2011-2012 Beer and Wine License Renewal for Fuddruckers, Located at 3421 N. Eagle Rd. De Weerd: Item No. 5, our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest. Rountree: Second. Zaremba: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, roll call. Roll -Call: Bird, yea; Rountree, yea; Hoaglun, absent, Zaremba, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES: ONE ABSENT. Item 6: Community Items/Presentations A. Meridian Development Corporation: Presentation and Update Regarding the Boise Online Mall and Desire to Feature a Meridian Page De Weerd: Item 6-A under Community Presentations, the Meridian Development Corporation, Sandy Johnson? Good evening. Johnson: Hello. Thank you for having me. De Weerd: Well, welcome. If you can also state your name and address for the record. Johnson: I'm Sandy Johnson and I work for Boise Online Mall and Meridian -- MDC invited me to come speak, so I don't actually work for them, but we are just sort of doing some work with them right now, so -- De Weerd: Okay. Johnson: Bear with me while I figure out the technology here. I can get started while he's loading that if you want, just to save time for all of us. Again, thank you for letting me speak and present tonight. So, again, I work for Boise Online Mall, which many of you may be familiar with. We are a showcase of local area businesses, literally a virtual mall online. So, we are not just a phone book listing -- you know, phone books, obviously, serve their purpose, but we provide really detailed descriptions of local area businesses, what they do, what they sell, products they make that, kind of thing. We have been in the Treasure Valley for 11 years -- perfect. Okay. Thanks. Easy enough. We have been in the Treasure Valley for 11 years. Kind of two purposes. Obviously, number one, the merchants and businesses that we work with. We have worked really hard to maximize their presence, which is, obviously, very important in this day and age and to route online shoppers to them. The most important element, though, is the service that we provide to the online shoppers, which is pretty much everybody these days. The Online Mall provides assistance to the local residents and visitors in finding things to do, things to shop for, services, everything from where to have your car washed to where to see a movie to where you can find an attorney if you need one. So, the main reason for being here tonight in working with several Meridian businesses, who are a part of the Boise Online Mall and have been for years, have been very happy, but in working with them, in meeting lots of new -- new to me anyway -- new Meridian businesses, sort of listening to the vision of what the City of Meridian has for itself for its community, and just us increasing our awareness of what's going on in Meridian -- and, of course, I'm a Meridian resident and have been for 14 years, so -- De Weerd: I was waiting for you to say that. Johnson: So, I have been sort on board, but on my -- not on board, just a little more aware of what goes on in the community. I, you know, have two children, like I said, I have been here for 14 years, raised my kids here -- or still in the process of raising them. But my coworkers who live in Boise -- it's -- through all of these things it's become obvious that, you know, Meridian is its own community with its own things going on that don't necessarily have anything to do with Boise. So, anyway, we kind of came to realize that it seems bringing commerce and -- commerce and awareness right to the City of Meridian, not only to the folks that already live here, but to people in Boise, through a Meridian Online Mall and, hence, our new logo that we are working on, would be a huge benefit to the city, the residents and the businesses in the area. And not that we get a vibe that everybody wants to keep it so separate, because, obviously, we are one huge community, the Treasure Valley, but at the same time there are some really awesome things that go on in Meridian that I know for a fact a lot of Boise people don't know about and so, again, not to totally separate them into two different communities, but at the same time acknowledge that they are two different communities with two different sets of things going on that everybody should know about. So, we, like I said, thought it would be a huge benefit to the city and members of the community and merchants in the area to come up with something that would help specifically Meridian, not just Boise, and sort of take -- take our identity as Meridian community and have it be a little bit separate. So, through doing other online malls, which the company has been doing for a lot of years, there is definitely five categories or elements that we have found that kind of make up a community, sort of ingredients in the recipe so to speak. Shopping, which everybody shops for something. Services. Everybody's in need of services at some point. Professionals. We are all in need of professional help at some point. Entertainment. We are all looking for entertainment. And community. We are all looking for some connection with our community, whether it be involved or just knowing what's going on. So, those are the five elements that Boise Online Mall has been based off of, these are the same five elements that Meridian Online Mall would be based off of. A person shopping, obviously, that one is pretty -- pretty obvious for everybody who is shopping online, just wants to browse, do some window shopping, maybe do research online before they actually go out to the stores and make purchases, especially for major purchases. It also gives shoppers a place to purchase gift cards or gift certificates directly from the merchants. I just copied and pasted a picture of an example of one of our Meridian businesses and the gift cards we sell on there for her. Services. You know, things such as auto repair, oil changes, appliance repair, computer repair, tile and grout cleaning, document spreading -- any kind of services that you might need as an individual or as a business you find them in the services part of the online mall. Professionals. Here is where you find such things as mortgage lenders, investment brokers, insurance agents, legal services, web designers, that kind of thing. Again, for personal or professional use. Entertainment. Definitely the backbone of Boise Online Mall -- and I imagine it would be for Meridian Online Mall as well -- this is things to do and everything going on in the town. Obviously, in this town it would be to highlight things like the Meridian Urban Market, upcoming concerts in the plaza, festivals, holiday events, you know, Dairy Days, kids and family friendly activities that are going on, like the Cable One movie nights and you guys know the list goes on and on and on of the things that are going on in Meridian. Again, just one huge showcase, one place to go for everyone to see what -- what's going on in town. Restaurants and night life, that kind of stuff, would be found in this area as well. And, believe it or not, Meridian does have a little night life. Community. This is kind of my favor section for a number of different reasons. This is where we highlight charities, nonprofit organizations, and service clubs. It just gives one place in the mall where everyone can see the great things that these organizations are doing in the community. It also let's everyone know what their upcoming events or fundraisers are and ways that community members in Meridian can get involved, whether it be through donations or volunteer efforts. And the list -- you know, as you know, the list goes on and on and on for the organizations that would benefit from this. Meridian symphony, the Chamber of Commerce even, Junior Achievement, the animal shelter, PAL -- there is so many great things in Meridian that would be wonderful for them to have more of an internet presence. Coupons. We are sort of going with the times and doing what customers want and that is coupons. This is an example of a coupon that I just pulled off of the Boise Online Mall. Obviously ours would be called Meridian Bucks instead of Boise Online Mall Bucks. Shoppers do not need to log in, do not need to set up an account, it's a simple click, print, bring that coupon directly to the Meridian merchant and bring your dollars directly to the Meridian merchant. We have no exchange of money whatsoever with the coupon program that we have set in place. This is just an example -- this is, actually, a partial screen shot from our services page from the Boise Online Mall, just to give you an idea, so if you were on the home page and you clicked on the services link, part of the page would look like this. It's just a big long listing of everyone who fits into our services category, who is part of the online mail. They all get the rotating banner ad, a brief description of the merchandise, products and services that they provide and from this link -- or from this listing there is two links to their merchant page in the mall, which looks like this. This is an example of a merchant page. This just happens to be Meridian Cycles, who has been a great customer for a long time of ours. On their merchant page in the mall, which is, basically -- this is their store. This is their -- their store in our virtual mall. A customized image, which the merchant helps us pick out or we will pick for them if they don't have one. Detailed contents specified by the merchant, exactly what their business is all about. On this page there is three external links to the merchant's website directly. So, again, we are just there to guide traffic right to the businesses. A banner ad, which is that small picture up in the top that has the guys on the bikes, that actually flips through. If you were online you would see that it rotates through that picture and Meridian Cycles' logo and that same banner ad also rotates all throughout other places in the mall. So, if somebody is in the mall shopping for something else they will see the other stores, so to speak, while they are in there. So, they might not directly be looking for a bicycle at the time shopping for something else, but see, oh, there is Meridian Cycles, I might want to check that store out, too. Also on here is a contact form, which goes directly to them if a customer clicks on that. Maps to the merchant's location or locations if they have more than one. Merchant services listed off to the right there in that yellow box as well. And, then, they also have the option to do a video advertorial, which is -- it can be in the form of a commercial or it can be in the form of a -- more of an elevator speech that the shop owner makes and we do all those for them as well. We have a video department. Some of the other fun things that we do just to keep shoppers attracted to the virtual mall, we have a monthly newsletter that goes out to several thousand people that opt into it. We have a weekly dinner and a movie giveaway on KBOI radio, which is a great little plug for restaurants in the area, which, with the economy picking up, I know that restaurants are really trying to pick back up. So, it's a great way for them to get some advertising and, again, just get people in their door. We are, of course, active with several of the prove social media services and sites online as well, as most people are nowadays. And just to give you a rough estimate on the numbers -- we could speak all night about numbers, but I knew that this is one of the top things that people want to know. So, just to give you an estimate, I put some statistics this morning -- between 2007 and 2009 we had just over three million shoppers in the Boise Online Mall in that two year period. So far this year, since January 1, we are averaging between 40 and 45 thousand shoppers a month, which to me sounds like a huge number. I know that looking at other statistics these numbers might pale in comparison to say numbers of people who use Facebook and that kind of thing. But keep in mind these are numbers that are Treasure Valley consumers only. Right. Shopping in the Treasure Valley. Let's see. I apologize for having to talk so fast and be so quick, but I know you have a lot on your agenda tonight. If anyone has any questions at this time I would be happy to answer them if I can. De Weerd: Thank you. Council, any questions? Rountree: Not right now. Bird: I have none, Mayor. De Weerd: We have no questions. Zaremba: Madam Mayor? De Weerd: I do really like your logo. Johnson: Yeah. Our graphics guy, he -- I swear he jumped right in my head and kind of took -- the Boise Online Mall is a, you know, city skyline, which in going to every high hill I could find around Meridian I still couldn't quite find a skyline, but the elements of Meridian -- you know, obviously, the water tower, the clock, the mock up of the building that we are in right now, the speedway, you know, those are all kind of things associated, but, then, the speedway kind of took its own look like it looked like traffic being directed into the town and the logo, too, and I kind of liked it. It's definitely rough draft at this point, but we are getting there. And, again, you know, we just want to make it clear that everything is sort of in rough draft form now, it's just an idea that I had that my boss was definitely on board with and, you know, at this point we just want to fine tune this great idea that we have and what we are hearing from shoppers, what we are hearing from business owners that -- that we know in the area and I just think that Meridian kind of deserves its own. De Weerd: Councilman Zaremba? Zaremba: Thank you, Madam Mayor. This sounds like a great idea. How is it funded? Johnson: Well, Boise Online Mall has always been funded by the merchants who choose to be, you know, part of the mall. Yeah. And, obviously, a huge undertaking like this to start a whole new online mall is not a cheap -- not a cheap venture for the company that I work for. And, obviously, nothing can be done without funding. It will just depend on merchant participation at this point, so -- Zaremba: Well, it would seem like you have a good track record for you to take to merchants and say this could be valuable to you. Johnson: We have a very good track record. Yes. Yes. And a lot of local area businesses already know us, know who they are. We have several Meridian businesses who we already work with, but we definitely got the vibes from them and other merchants who aren't quite on board yet, but if we could gear it more towards Meridian, specifically for Meridian, it might appeal to more Meridian merchants, so -- and, you know, just through talk of, you know, people I know and -- we weren't sure at this point if it was anything that the City Council would want to be involved in at whatever level -- I mean, obviously, it's something you will have to think about and talk about, but we would certainly be willing to come back and talk more details if it was something you needed. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: You have obviously done some market research. What would be your projected timeline for something like this being up and running? Johnson: We figure we could -- between the graphics department and the web designers and all the people involved, we figured once we got started we could have it published as an active live website within 60 days. Rountree: And what would be the trigger? Johnson: Well, the trigger would be to have the funding to get started, honestly. I mean, unfortunately, that's, yeah, how the world works, but -- Rountree: When you asked about the Council's interest -- and we obviously -- I think -- I won't speak for all of us, but probably -- we are interested. I think anytime we have an opportunity to showcase Meridian and our small businesses and our retailers, we want to do it. Johnson: Absolutely. Rountree: As far as the Council goes and information there, I'm not sure anybody really shops for a councilman, but if that helps that's fine, too. I like the idea of the MOM Buck, as opposed to the BOM Bucks. Johnson: I know. Rountree: It just makes more sense to me. Johnson: Well, it makes sense to me, because, yeah, that's generally what they are for, the mom shopping. Yeah. Rountree: I look forward to seeing this. Johnson: Thank you. Yeah. I'm really excited about this. And, again, just, you know, it's a lot to think about and it is a huge project, but this is what Boise Online Mall does and does it well and, you know, the people that I work with have been doing this kind of stuff for years. I mean they have really got it fine tuned. So, they -- they are excited for the opportunity to just make it happen now. And, of course, me as the Meridian resident of the -- of the staff I'm very excited to get it started, so -- De Weerd: Well, Sandy, I would like to thank you for being here and sharing more about MOM with us and so we look forward to hearing updates on how it's progressing and when you're ready to launch. Johnson: Sounds good. Thank you. Thank you for the opportunity. I appreciate it. De Weerd: Thank you. Bird: Thank you. Item 7: Items Moved From Consent Agenda De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: Department Reports A. Fire Department: Deputy Chief Joe Silva's Final Address to Council as Fire Marshall De Weerd: So, we will move to Item No. 8 under Department Reports. And chief. Joe, thank you for being here. I see you have two shoes on. Silva: Thank you, Mayor, for having me. First of all, I would like to thank the Meridian Police Department for coming out en mass to support the fire department doing this public recognition for Council. We can always count on our police department. De Weerd: It's a great sign of support. Colaianni: It's your escort out. Silva: Do I have to have both hands behind my back on my way out? Okay. Mayor and Council, I would like to just take this moment to kind of publicly thank you for the ongoing support you have provided the Meridian Fire Department over the years. I know that support has come based on the support we have garnered from our fire chiefs that have worked with you to make sure that we have adopted the most modern codes in our city and, actually, it's paid off in terms of minimizing our fire loss in 2010. We actually only have had a -- when you look at our assessed value throughout our -- our district within the Meridian Rural Fire District and the City of Meridian, we only had a 270,000 dollar loss city and district wide, which is minimal when you compare that back against our assessed value within our community. So, we are really pleased about that and I just wanted to take a moment to publicly thank you for your ongoing public support when we have brought code enforcement issues in front of you. Part of that process, though -- and this will only take maybe 25 more minutes, but I would like to thank some of the other agencies that have helped us within the community, within our -- within the city I should say. Meridian Police Department. We have to acknowledge that they helped us tremendously, but also Public Works in terms of making sure that we have adequate fire flow in areas and strategically placed hydrants, they have been very cooperative in helping us. Also the Planning Department working with access issues that sometimes get a little developer sensitive. And Development Services for the code enforcement. But one other unrecognized component that helps us with code enforcement -- and you won't hear this very often -- is the support of the legal department. So, I would just like to thank also the legal department for their support in code enforcement issues. Thanks very much. De Weerd: I think before you take off you might have a couple of councilmen who would like to make comment and I realize that you do have an upcoming retirement celebration. We will be prepared with burning remarks at that time. But we certainly appreciate your involvement. You have seen the city develop into something that is quite different from when you first came and we appreciate what you have done with the program in putting greater structure to it and working with our business and development community and in trying to walk that fine line between code interpretation, time frames, costs and life safety issues for the long term viability of our community. So, I personally would like to thank you and also on behalf of the city thank you for your leadership, your service to our community. Silva: Thank you, Mayor. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Joe, I just express my appreciation and thanks for all you have done and the work you have done in not only representing the city, but as well as the fire department itself in the enforcement of code and that's a difficult job in any activity. You're not always everybody's best friend. But you have done a good job or a great job and I appreciate the time, wish you well in retirement, look forward to the roast next week and hope you're able to use both feet a little better by next week, you might want to run away, I don't know. Silva: Well, thank you. Thank you, Councilman Rountree. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'd just echo that, Joe. You have done a great job. You have helped bring the fire department -- excuse me -- up to what it is today, to the finest in the state, so thank you for all your service. We appreciate it. Silva: Thank you, Councilman Bird. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would comment that I -- I first got to know you when I was on the Planning and Zoning Commission and you were a faithful member of those meetings and, you know, every time you were asked a question I learned things and you come across as very quiet, but there is so much depth there and so much that people are able to learn from you and I certainly did and appreciated your tutelage, if that's the right word to use there. And since then I have also heard from a few business owners that they have enjoyed working with you. I mean you may be coming in to tell them they need to do something different, but what they tell me is you always had an excellent explanation and before you ordered them to do something they understood why and really appreciated your calmness and your thoroughness and I know I personally have benefited from that and the city as a whole has benefited from it. So, we will miss you. Silva: Thank you, Councilman Zaremba. And after 33 years on the job I will tell you it's an ever -- you learn something every day about -- about the job and you -- it's that education that makes that idea and concept work and that's the key thing we have to always keep in mind, but thank you again for your support. De Weerd: Well, we know that your job has not always been easy and needless to say it's not always the favorite position in the city. Silva: Well, it's my favorite, Mayor. De Weerd: We love the fact that sometimes we are not always the bad guy, you are. Silva: Thank you. De Weerd: We have great competition. Silva: We do. We do. And the police officers are the ones who typically take that more often than I do. The development community tends to be a lot more friendly. Thank you. De Weerd: Thank you, Joe. Silva: Thank you, Mayor. B. Police Department: Officer Recognition De Weerd: Okay. Item 8-B. I will ask Chief Lavey to, please, come forward. Lavey: Madam Mayor and Council, you know that Joe is ready for retirement when he can actually give a speech and it only lasts five minutes. Zaremba: In the Navy we called those short timers. Lavey: I would tell him last week that maybe I would be interested in your job, but I realized that more people hate you than that hate me, so -- and, Joe, Lieutenant Leslie and I have a few words for you, but we are going to share them next week, so we will leave you in anticipation. Silva: Thank you, Chief Lavey. Lavey: Madam Mayor, Council, it is my privilege to be in front of you today to do something that's rather special. On May 5th of this month we had two officers that actually were -- they would probably say just doing their job. We had one officer that was looking for a DUI driver up on Chinden near Black Cat Road and in the process of looking for this DUI driver almost got taken out head on. This officer had to take evasive action to avoid a collision and what brought him to that area was another citizen that actually reported almost being hit head on by this drunk driver -- or suspected drunk driver. Before the officer could get turned around and attempt to stop this car, we -- or he saw the headlights and, then, the headlights disappeared. As the officer got closer he realized that the vehicle had rolled into a canal, ejecting the driver. The driver could not be located. A second officer showed up and helped the first officer look for the subject and they located him in four feet of water face down. I would like for Officer Karen Ziolkowski and Officer Craig Hoodman to come forward and I'm going to read a little something for them. Craig first. Craig Hoodman, on Thursday, May 5th, 2011, you assisted in the rescue of a suspected DUI driver who had crashed his vehicle after putting your life and the life of a private citizen in danger. This DUI driver crashed his vehicle in a canal in the area of Chinden and Black Cat Road. Upon arrival you discovered the vehicle upside down in the canal and, then, you and Officer Ziolkowski noticed the driver floating face down and semi conscious. Officer Ziolkowski entered the canal and the two of you pulled the driver to safety averting a potential drowning. The actions of you and Officer Ziolkowski are deserving of recognition for meritorious action. I believe the wording is similar on Officer Ziolkowski, but I'm going to read it anyway. They can hear it more than once. Officer Ziolkowski, on Thursday, May 5th, 2011, you assisted in the rescue of a suspected DUI driver who had crashed his vehicle. The DUI driver crashed his vehicle in the canal area of Chinden and Black Cat Road. Upon arrival you discovered the vehicle upside down in the canal and you noticed the driver floating face down and semi conscious. You entered the canal with the assistance of Officer Craig Hoodman and the two of you pulled the driver to the safety, averting a potential drowning. Your actions and the actions of Officer Hoodman are deserving of recognition for meritorious action. It also is my pleasure to tell you that we received a phone call from St. AI's this morning and the driver is now alert and wants to thank the officers for saving his life. So, he is going to survive. For several days we didn't know if that was going to be possible. So, congratulations. De Weerd: Thank you -- both of our officers for being here. And, chief, I realize that your officers would -- as you have noted in the first comment, they would think that this is part of their job and I would say, no, it's not. I appreciate the heroism that you showed that night and certainly appreciate the above and beyond approach that you give your jobs. This was a great example of it and we are very proud of our Meridian Police Department and what you do to serve and to protect. So, thank you. Lavey: Madam Mayor, we don't often see the results being positive like that and so when we got that phone call today it just made it extra special. De Weerd: Thank you. Again, we appreciate you being here. I will go ahead and let you launch into your item. Lavey: Now, watch, they will do a fast exit now. De Weerd: And you're more than welcome to do a fast exit. You do not have to stay. Lavey: You can leave now. De Weerd: Nor does your family. Lavey: I saw Brian Lueddeke napping back there, so he better get on the road. De Weerd: And here we thought they were here for your strategic plan. Lavey: Yeah. I think that is their strategic plan to escape. De Weerd: The strategic exit. C. Police Department: Strategic Plan Update Lavey: Madam Mayor, Council, a couple days ago I actually received an e-mail from my Council liaison to inform me that he would not be here this evening and I said, well, I have something special in store. I, actually, was going to award these officers and give you a presentation of my update and everything else and he said, sorry, Washington DC calls. So, really tonight I got some good news is I don't have a major PowerPoint presentation. I don't have 40 slides. I don't have 35 minutes on the agenda scheduled and so it should be rather short. I will say that I will not beat Joe tonight, because, like I said, is he -- he surprised me with only five minutes. But really I want to take the time tonight to just give you a few highlights of what's going on and, then, give you an opportunity to ask me any questions that -- that you would like. First and foremost is what we got to do tonight doesn't happen often and being able to recognize these officers doing something heroic, having great results, makes me so proud of the men and women that work for the Meridian Police Department and as you already said, we should be proud of the department that we have. With that being said, it is also my pleasure to tell you that on Friday we had another opportunity to witness something great and we had the pleasure of graduating three additional police officers from the police academy who will be joining us here -- well, actually, they joined us on Monday in advanced academy. They are not here this evening. We worked them real hard today. But I would like to call the attention to congratulate Officers Arnell Caddick, Officer Benjamin Sterling and Officer Brian Eslinger, who are anxiously in their next phase of training. With that being said I also would like to let you know that we currently are in the process of backgrounding four lateral officers with the hopes to add them to our Meridian family as well. Those -- those officers -- three of them -- correction. Two of them are from the Treasure Valley and, then, two of them are from out of the area. One in Magic Valley and one from EI Paso, Texas. As you know or may have been advised, we have -- we either have had or are having several retirements in the police department this year. Officer Kathy Kerby retired last month. She was the first female officer for the Meridian Police Department. Kathy left us with a smile on her face and 20 years of service in law enforcement. May 31st is bringing -- Detective Ray Chopco is retiring. He -- he's kind of been that on again, off again. He actually was due to retire two months ago and when he realized that we were having some staffing issues he volunteered to stay on longer. He actually promised me until April of 2012 and I'm not a math major, but I can realize that that does not add up. Due to some unfortunate circumstance and some family emergencies he's had to call that in a little bit earlier, but we are so proud that he was able to give us that few extra -- few extra months. And he will be retiring on May 31 st. But the most special one -- they are special, but the most special one that we have is Jean Moore. Jean Moore is the administrative assistant to the chief and as you recall she started her career April 1 st -- yes, on April Fool's Day -- April 1 st, 1974. So, after 37 years working for this city and after nine chiefs she's final had enough. And I -- De Weerd: You did it. Lavey: I can proudly say -- I was going to save this for the 20th, but I can proudly say that I'm the one that did her in. She will say that she just got tired of training us and so she couldn't handle ten. But I believe it's already gone out and we have been so careful to not advertise it to her, because she doesn't like to be the center of attention, but I'm inviting everybody to City Hall on May 20th at 1:00 p.m. We have reserved the Council Chambers, the two meeting rooms, and everything else, really, in the hopes of everybody that shows up on the ground floor of City Hall at that time frame are there to see her. We won't have additional meetings going on and I wish to invite personally everybody in this -- in this chambers, but especially Mayor and Council to be there for that special event. I promised not to embarrass her, but we do have many gifts and a lot of people that want to say goodbye say best luck in -- in your retirement. I'm not sure I want to talk about this item, because it -- it still makes me tremble a little bit, but it's the precious metals. I realize that the Mayor had gave an update last week on precious metals on the focus group and I'm just here to let Council know that through the, coordination of the Mayor and I and her staff we are going to really kind of set that first meeting up with why are we here, what have we accomplished, what do we think we want to address, really kind of get a couple of the detectives to go from start to finish. This is what occurs in a situation like this. And, then, hopefully, collaboratively we can present a -- a final draft to Council in the near future. Hopefully, I can convince one of those people on the -- on the group to be the one that actually presents it so I can be in the back of the room, instead of the front of the room. The -- we call it the MIT, the Meridian Impact Team. We -- you might have heard this called the street crimes team, you might have heard it called by other names, but we -- the official name is the Meridian Impact Team. This is the team that we put together when we got the community services grant for the four officers really. And, really, that -- that team was designed to do some pro -active law enforcement out there. So, you're going to see a couple of things that have been coming down lately that the team has been a real part of. One is you're going to see an increase in our crime statistics in crimes against society and at first I was really alarmed and I realized, well, you're going to have an increase in those types of crimes because we are out there looking for them, we are not ignoring them. And one of those exposures that you may have seen last night and is also on the news tonight is the prostitutions in Meridian and I'm here to say that they are not just in Meridian, they are in the entire Treasure Valley. They are probably in the entire state. But the reason why they are being highlighted in Meridian is Meridian is taking a pro -active approach and is addressing the problem and says not in our city. So, when you see it tonight, if you have the opportunity, it should be a little bit more entertaining than it was last night, because tonight are the clients that partake in those activities and they have to explain why they were there and it should be fairly humorous, at least to us that have never been involved in a situation like that. But one thing to realize is -- is they are the ones that got themselves there. Unfortunately for them there was a nice -- a nice camera going at the time as well. So, I just wanted to caution everybody is that as you -- as you hear that tonight it's -- really it's not about just Meridian, but Meridian's pro -active approach in addressing it. I'm here to tell you that Meridian continues to be a very safe and enjoyable place to live. Yes, I'm biased. But I will tell you that we have one of the lowest crime rates in the state. We continue to have the lowest crime rates in the state. Our officers continue to pro -actively address crime, while our clearance rate steadily increases. The clearance rate is the number of offenses versus the number of crimes that we have actually solved and as early as 2007 our clearance rate was about 38 percent, which, basically, meant we were solving about 38 percent of every crime or 30 percent of the crimes. I'm here to tell you today that the -- the unofficial clearance rate is 46.8, but I have been advised that with the updated statistics that have not been published yet, our clearance rate is 48.5 percent. So, we are increasing. I do have a -- a handout I'm going -- going to give Council just -- just to give you an idea of how we are doing compared to cities around the area as far as offenses and clearance rates and such, but I will hand that out in a minute. I'm here to tell you that in the near future I will be coming in front of Council for several financial issues not related to the 2012 budget. And part of that is going to be a request to move 46,000 dollars from the capital budget to the professional services budget and that really goes into that strategic business plan that we discussed for the public safety training center, but I will get to more of that in just a minute. The other thing that -- we had the pleasure of going through the -- next year's budget today and discussing amendments and whether that was emergency and whether we should do that now or do that later and they asked me about the parking lot -- the state of our parking lot and said, you know, that's not critical, I said it needs to be done, but it's not an emergency, don't believe in doing an amendment, we will go in front of Council for an enhancement and if -- if that doesn't work we will do it next year. And, then, I got back to the office and an amendment fell in my lap, which I do think that this is an emergency. And one of it has to do with forensic evidence with our recent homicide and I will get into more of that later, but I'm going to have a request to -- for up to 9,000 dollars for a forensics analysis. The good news is is that the Attorney General's Office is going to pay for the -- the expert testimony up to 12,000 dollars, but the main reason behind this is that our crime lab here in the state doesn't have the expertise to do this critical analysis. Back to our strategic business plan for the training center. Just to give you a quick update, we have a conference call to negotiate a contract with this company on May 16th. We have picked a vendor and it -- it -- we are really going to sit down and discuss or negotiate the contract and, then, the scope of work. I think there is some proposals in there that -- that went beyond what we were looking for and so we are going to try to get that expense down. The original quote was for 46,000 dollars, I believe. Once we get that figure negotiated and the contract awarded, we have a 90 day deadline for completion. So, it would be my hopes is that sometime around mid September they are going to come in front of Council to give you a presentation. And, really, I think it's -- it's going to be the answer to those questions that we have been asking for a long time. Should we do it, if we do it how big should it be, where should we have it, who is going to be partners, everything else. I will also tell you that over the last couple of weeks I have been recontacted by two groups, one being the Optimists Club, who still wished to be a partner with us, and, two, with Idaho POST, who although the state doesn't have a whole lot of money, want to be some sort of partner with us and I said, well, the first thing that you can do for me, then, when this group comes to town is meet with -- with the focus group and explain to them really what your -- your current needs are and what your future needs are and maybe we can discuss how that might come into play later on. I will tell you that I really wrote that I anticipate no additional staffing for FY -12, but I guess I should be more specific and say that I did not request any staffing for FY -12, so it's probably -- that's the first time in history I think the police department did not ask for more bodies. I will tell you that I have been accused of being greedy last year and said, no, I just -- I didn't cut anything when everybody else -- I just went last and when you guys cut everything I didn't have to cut anything, so -- we always struggle with filling positions. I will tell you a story that we had nine positions open and I worked very hard to fill those positions and we filled seven of those positions, being two of them I didn't -- didn't have a suitable person, you know, without taking chances. So, we said, you know what, we will do with seven. I'm thinking seven people through -- through the process, that's going to be easy for me to fill two. Next thing I know it I have retirements, I have people quitting the academy, I have people not making training, and I don't know how many openings I have right now, it's somewhere between five and six. So, I realize that there is a couple things that are a give me. One is we are never going to be at full staff and, two, I'm always going to continue to lose my hair. It's just -- it's just a give me. will tell you, though, that as the Ten Mile interchange opens that looking at the Comprehensive Plan out there, if the economy ever turns around to the point where -- did I do that or is someone playing with that? That's not my presentation. If it ever builds out to the point that we think it's going to, we are going to need an additional 30 to 35 officers to -- to fund that, but -- or to staff that. But I'm not here to ask for that today. And, really, that figure is based on keeping our current levels of service or improving our levels of service. Now, I will tell you that we -- we started this evening with recognizing a couple of officers and I would really like to end the evening -- or let you -- end my evening with a couple -- recognizing a couple more employees. And only one of them is an officer. And I see he has left. I'll tell you a little bit of a story is -- Lieutenant Jamie Leslie had got to the point where he wanted to come up with a software program that would better log our audio recordings from -- basically law enforcement traffic stops. Instead of going in there to the -- to the -- to the server and not being able to find it again, he wanted some method to kind of categorize it and be able to pull up recordings rather easily. And in the discussion with IT he was put in touch with IT software programmer Mike Tanner. And as you may or may not know, Mike Tanner came from Micron -- their loss, our gain -- when they were having some of their difficulties. And, of course, that can do attitude of Mike Tanner, who doesn't say many words, but actually puts it into action, says I can do that. Now, when you put together Lieutenant Leslie and Mike Tanner, they are about the opposite extreme -- or opposites of the spectrum that you can think of and I'm thinking why do you guys get along so well, what makes you connect, and, then, I realized they grew up together in Emmett and I figured that's -- that's the connection. But, really, this blossomed into something more major, is not only did it blossom into a -- a storage facility for our audio and for our photographs, it's turned into a report writer, it turned into a -- a place to log or categorize our suspects that we deal with out there, it connects into our agencies where we can actually run cars and run subjects and it also turns into the case management system for our detectives where everybody is operating on the same program, everybody knows what everybody is doing, everybody knows what the status of the case is and, most importantly, the -- the supervisors and the commanders can keep track of those cases to alert our victims. Even beyond that, what we didn't envision at first is that we have gone paperless. We don't print a report off to be approved. We don't print a report off to be submitted. We submitted electronically. And what does this do? Not only does it save a number of trees, it really saves in printer cartridges and I don't know who is -- who is picking out the printers now, but you get the printers for 200 dollars and the cartridges cost 400 dollars and you have to replace them every --- every month and in our case even sooner than that. We don't have to do that anymore. My printer bill dropped drastically. The other thing is is that we often misplace the reports as they were getting submitted to the prosecutor or the prosecutor would misplace the reports and we would send over copies of the reports two and three times and we would send over copies of the pictures two and three times. We would send over copies of the audios two and three times. Now we only do it once electronically, and if they want to print it off it's on their dime, it's on their time. If they lose it they go back and print the file off. The unique thing about that is it not only goes to the Ada County Prosecutor's Office, it goes to the Boise prosecutor's office. So, it addresses both misdemeanors and felonies. Well, we are not done there. I can't really quantify how much money we save, how many trees we save, but I will tell you that this system is so hot that we have the other agencies that want to come on board and so we are in partnership with Ada County Sheriffs Office, Boise Police Department, and Garden City Police Department, to use the same program. The uniqueness is that you're going to have four law enforcement agencies working together and doing the same thing. I think that's a miracle in itself, but, two, is we were looking at a third party program for a report writer and depending on which program you chose, it was going to cost somewhere between 500,000 and 750,000 dollars. Due to a very small vision turning into something major between Lieutenant Leslie and Mike Tanner, that is probably one of the finest examples of fiscal responsibility that I have seen in a long time and that, too, makes me proud. So, with that being said, I promised to keep it short, I am done. I will stand for any questions on anything we have covered this evening or anything that I may have left out. Mayor? De Weerd: Council, any questions? Bird: No. Just a fine report. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would say congratulations for the excellent things you have been able to report on. I would also think that working together with the sheriffs department and the two other police departments, that I'm sure the criminals that we deal with don't respect the city borders and we are probably finding that people that commit crimes here commit crimes in other places and to be able to merge our data bases and ferret those people out, I think is probably going to be another benefit of this system as well. Lavey: Madam Mayor, Mr. Zaremba, you are so right. I have often said that we arrest the same people and we do the same reports, we should be sharing those reports with everybody. And it really -- it really took some patients and I'm not good at that, to sit there and say, okay, well, we have this report writer and it works for us and if you don't want to use it, we are fine with that, but we are going to continue doing what we are doing and we just held strong and they said we like what you are doing and I said you can come on board, but you have to change a little and -- and it's our program and so we are going to decide as a group how to change it, instead of having, well, we want it this way and they want it this way and they want this change -- we said, no, we got to decide together, so we are -- when we open up that report we all know what we are looking at, we are dealing with the same people, we are dealing with -- with the same report. It really comes down to consistency and I can drag my feet all day long, because I got the report. If they want it they need to come on board and that's where we are at. De Weerd: Any further comments or questions? Rountree: Just thank you, Jeff, for the report and all of your officers for their fine job they do and the great face that they provide for the City of Meridian. De Weerd: Thank you, chief. D. Parks Department: Park Dedication Plaque Discussion De Weerd: Okay. Our next item under 8-D is our Parks Department and Mr. Siddoway and Phil. Siddoway: Thank you, Madam Mayor, Members of the Council. It's going to be a bit of a hard act to follow, but kudos to the chief for all the great things they are working on. Really I just want to take a brief moment and introduce Phil. He's the vice -chair this year of our Parks and Recreation Commission. He also sits on the Parks Amenities and Signage Committee. We have three committees within our Parks and Recreation Commission structure and Phil has been a great asset to that committee and has been coming up with new and innovative ideas that they bring forward to our department as part of the work that they do. One of the ideas they have developed in that committee is -- is an idea for some park dedication plaques in our existing parks and Phil will present that idea tonight for discussion and seek any Council feedback that you might have as they develop this idea further. So, with that out any further adieu from me, I will just turn the microphone over to Phil. De Weerd: Thank you, Steve. Liddell: Thank you, Steve. De Weerd: Good evening. Liddell: Madam Mayor, City Council, greetings. I have got a handout here I'd like to give to you. De Weerd: Okay. Liddell: About a year ago we began the process of trying to determine a way to commemorate and historically document each of our city parks. Through most discussion and reviews and so forth we decided upon paying recognition via a plaque and we envision that as being something very similar to what we see on the front of this building at the entryway, a metal plaque of that type. Perhaps not that large, but of that style. So, I'd like to present our findings to you this evening and get your feedback and, hopefully, your blessing to proceed with this endeavor. But to begin with, the whole purpose of this is to dedicate and bring suitable recognition through this dedication plaque to Meridian's many wonderful and existing and future parks for recreation where all manner of family and friends gather. Many hour -- many hours of planning and meeting by individuals and corporate bodies, as well as city staff and the public at large have contributed to the success of Meridian's outstanding park facilities and it's for this reason that the parks amenities and signage committee, under the Parks and Rec Commission, have been working towards developing this plaque that would pay tribute and memorialize each of Meridian's parks. The reason for the City Council presentation is to secure your blessing and general approval to continue our efforts to further this and fine tune it as a way of recognizing those parks. The idea has already been presented to the Commission and they have approved it. I know that the Parks and Recreation Department, Steve Siddoway, is behind this and we feel it's time to present that to you for your input. This plaque would be displayed at a prominent or central location at each park. The exact location is yet to be determined. We don't know exactly, but at this time we are considering mounting this plaque on either an existing structure or perhaps the restroom wall or a concessions building if that's available at a given park or any other structural or monumental type mounting that we may consider that hopefully would already be existing or that we can tailor and make it work with that to keep costs down. It's a cast metal dedication plaque like I described on the front of the building. We have envisioned it as being roughly 11 -by -17 in size and attached to the handout you will see two 11 by 17 inserts there. One is the park -- it's the generic plan mock up of this plaque and we have tailored that particular mock up to each specific park. The second one there, the second attachment, is the Bear Creek park plaque and we pretty much honed in on the information that would be included in that, so you can see it for yourself right there. The plaques would include the park name at the top. It would be a single dedication date right beneath that and I know that some parks have multiple dedications, whether it's for different sections of the park, different venues there, whatever the case may be, but I think we are looking towards the initial ribbon cutting ceremony dedicating the park. So, probably be that date. There would be a brief dedication statement tailored to that particular park, which would -- which would pay tribute to the creation, the development, how the park came into existence, those prominent noteworthy situations. But we would also like to probably exclude individual names or corporations for perhaps neglecting somebody and somebody may feel slighted because of that. So, we will have to tailor that statement, you know, it could be two or three brief sentences type of thing. Also underneath that we would list the -- the Mayor who was sitting at the time of the dedication. We would list the City Council members' names at the dedication date. Park superintendent. Park director. And, then, Commissioners that sit on the parks and recollection -- parks and recreation commissioners themselves. So, that the make up of each of the plaques, the amount of information that would be on there. The next thing would be the preliminary cost estimates and right now this is very preliminary, so it's not written in stone, but based on the 11 by 17 and some of our initial outreaches, we are looking at as low as five to nine hundred, but to be safe, if the plaque has to grow slightly in order to get the text to stand out and look right, it could -- it could exceed a thousand dollars, but we are hoping that that would be the tops, but we would keep you informed about that. Also, if we were to do multiple plaques at one time we may realize some sort of a cost reduction. We don't know how significant that would be, but the fabricator would have to work with us on that. It's also anticipated that not all the parks would receive a plaque in any given year, that we could break that down into, you know, a couple each year, maybe more. So, that in a period of four or five years we might have all the parks with a plaque. Budget, of course, dictates all of that. So, assuming that you're in agreement with that and the confirmation this evening to proceed, we are just looking for your input, your feedback, and any comments that you have, whether it's a good idea to proceed or not and we will -- like I said, we will keep you abreast of things as they develop, both cost and size and the final thing would be as we develop the individual plaques for a given park we would bring that back before you, so you can see the final -- the finished product before we place any kind of order. The mounting of the plaque, like I said, could be on a building or anything else, but that would be our -- on our dime. So, the cost that I'm quoting here is just for the fabrication of that plaque. So, with that in mind I'm open for any questions or feedback, comments you might have. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I think it's a great idea. I think it's time that we have plaques like this in our parks. We are one of the few cities that don't. I think it's a great idea. I would proceed. I would be one for proceeding ahead with it, getting all of it up on all the parks we have got right now. Liddell: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I have already told Phil and Steve this, but I think it's a good idea. I agree with Keith. There are a couple parks that are going to be a little bit interesting to try to figure out who did what when, but other than that, yeah, I think we have to be sensitive to that, but I think the recognition is great and I think it would be very nice to have this recognition in each and every park. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I not only like the idea, but I would like to suggest an addition to it, maybe, depending on what it would cost to do that. Visualizing what you have, you have kind of an introductory section and, then, you have a line and, then, you list the officials, I would suggest drawing another line and having some kind of a tag line, whether it just says live, play, laugh or whether it's the parks department's mission statement -- I like what you have and, I don't know, maybe that adds 500 dollars to the sign and it's not a good idea, but I think it would be neat to have -- this is kind of dry. Liddell: Oh, it is. Zaremba: You know. And it's -- it says what it needs to say, but I just think it would be nice to have had some kind of a tag line at the bottom. Liddell: Okay. Zaremba: Personal opinion. Go forth. Liddell: Okay. We will take them -- great. De Weerd: Okay. Anything further from Council? Rountree: No. Thanks for doing it. Liddell: You bet. My pleasure. De Weerd: Thank you, Phil. Appreciate you being here. E. Development Services: Pre-Directional's for Numbered Street Signs De Weerd: Okay. Under 8-E is our Development Services, Meridian Numbered Streets. We have been looking at this presentation, been waiting for it all night. Ricks: Good evening, Madam Mayor, and Members of the Council. My name is Terri Ricks and I'm here representing Development Services. I'm the addressing technician. De Weerd: Terri, can you pull the mike -- thank you. Ricks: I'm the addressing technician for the city. My name is Terri Ricks. I want to thank you for the opportunity to address you this evening. If I'm technically capable of doing this. As the City of Meridian has grown and changed over the last few decades so has the need for a more consistent standardized method of assigning addresses and street names. The issue I would like to discuss tonight and look to Council for direction on is the inconsistency with the prefixes or pre -directional street names that appear in our databases and on our street signs. The prefix or pre -directional, as we will refer to it hereafter, can be the indicators of the street's direction, such as north, south, east and west. It can also refer to its location within the city's addressing grid on a street that bears a standard name, as opposed to a number it is sufficient to attach only one pre - directional. Regarding Linder Road, for example, we recognized North Linder as any segment of the street appearing north of Franklin Road. Franklin being the dividing line in our north -south addressing grid. South Linder, in turn, would be anything south of Franklin. On Ustick Road it is again sufficient to assign only one pre -directional. We recognize East Ustick as any segment of the street appearing east of Meridian Road, with Meridian being the dividing line of our east -west addressing grid. West Ustick being anything to the west of Meridian. For numbered streets, however, one pre - directional is insufficient. In reference to 5th Street, for example, it could be Northeast 5th Street or it could be Southwest 5th Street. These are completely different streets, not in alignment with one another, located in opposite sections of the city. As Meridian has grown and both software and personnel have changed, so have the methods of assigning and entering addressing information. Therefore, the differences in ACHD's labeled street signs. It is this inconsistency we would like to draw your attention to tonight. In the following photos you will see some good examples. Yesterday I drove north from Cherry Lane on Northwest 11th Street and these are just a few of the signs I saw. You will see in the first example we have north indicated by the letter N, west spelled out, 11th Street. West when it's spelled out like this no longer is a pre- directional, it becomes a name of the street, which is not allowed according to standard addressing guidelines. In the second example we have the letter N indicating north. We have an 11th Street. And, then, we have west. Again west is not a pre-directional, it's a post-directional. The third example we have West 11 th Street. Now, we have north not appearing on here at all. We don't know which section of the city it's in. Driving a little further north now we have two pre-directionals, which is what we want. However, now it says 11 th Avenue instead of 11 th Street. So, that's something we will have to address a little later down the road. As I was trying to find a sign -- excuse me -- indicating what we are recommending, which is just a simple two pre-directional for a numbered street, I had to drive a few streets over to 14th Street and this is what we found. This is what we recommend. You can see it's very simple, easy, there is no question what street you're driving on. Regarding this subject, the Meridian Fire Department has issued the following memo. In it Joe Silva states: As upgrades have been completed to our Ada County dispatch software and additional ones are soon to be scheduled, problems have been identified with the many inconsistencies regarding pre-directionals on our numbered streets. Northwest 11th Street is a prime example. The street signs along Northwest 11th vary considerably, some having one pre- directional, West 11th Street, some having two, Northwest 11th Street. But none are the same. The same is true in our city databases, as well as the 911 Ada County dispatch software. The problem occurs when the dispatcher is provided with multiple choices to verify the location of an emergency. If the wrong location is entered by the dispatcher the potential for delay in emergency response is greatly increased. This also surfaces as an issue with our firehouse records management system for the identical reason. For consistency purposes the Meridian Fire Department supports the recommendation of assigning two pre-directionals for each numbered street, as recommended by the City of Meridian addressing coordinator. De Weerd: What a nosy fire marshal we have. Ricks: This might be his last memo. Silva: No, it won't be. Ricks: So, with five addressing grids within Ada County an attempt is currently being made to coordinate our addressing and street naming ordinances to avoid confusion. We anticipate coming back to Council in the near future with these revisions. Tonight what we seek from you is direction or a decision on how to proceed. Ada County is happy to make the needed changes in their databases only after the Council has rendered its decision. In conclusion, as with all changes, we can anticipate some related costs. ACHD has consented to change the signs at no cost if nothing other than a small sticker overlay is required. If a new sign is required, ACRD will charge us 90 dollars per sign. We estimate no more than 60 signs -- probably not that many, but no more than 60 signs, totaling 5,400 dollars, will be needed. And, lastly, the signs can be replaced in phases, rather than all at once if needed. If I may, I'd like to return the -- or turn over the remainder of the time to Robin Jack from the Planning Department and she will address how these inconsistencies are affecting our city and county databases. Thank you. De Weerd: Terri, before you leave, can you tell me who -- who determines what is listed on the sign? Ricks: Generally it's how the street is named and ACHD is the one who makes our street names for us. They put the -- they are responsible for putting the signs up. Generally once a street is named they take that information off the plaque and they put it -- put it on the sign as such. Over the years we have been very inconsistent in our -- our methods of naming streets. This is what we are trying to correct at this time. De Weerd: Now, is that street naming set at the local level or at the county level or are we going to see this -- is this happening all over the county? Ricks: Well, it is happening all over the county. We have an Ada County street name and addressing committee, of which I'm a member. Normally we make decisions regarding street names throughout the county. On this particular one the county was very nervous about weighing in. Several years for some reason you notice the -- this one right here, the first one, for some reason several years ago we went to this -- this way of naming our streets -- our numbered streets and west written out 11th Street. As we researched it we couldn't figure out -- we couldn't figure out who authorized -- authorized that change. The county changed all of their data, we changed all our data, the people I have talked to historically say they thought the county was insisting upon it, the county says we insisted upon it. So, that's our reason for coming to you tonight and rendering a decision once and for all our method of -- of naming these streets and, then, we will go forward and be consistent in the future. De Weerd: Well, will they write that into some policy form so it is consistent? Ricks: Yes. In the last few months we have been going over -- we have five addressing grids in Ada County and because of that we have five ordinances, all very -- very different. So, the last few months we have been working together to draft a county ordinance, which has recently passed. Now that that has passed we are hoping that each individual agency, each individual city draft our own city ordinances, you know, along those same lines, so we are consistent in our methods of addressing, so we don't have anymore confusion like the ones we have discussed tonight. De Weerd: And I guess l have just one other question and I know it's been a concern for our fire department as well and that's primarily in the south end of our community where you have the -- the Kuna-Meridian concerns where we have South Linder and they are North Linder and they have annexed a pocket, so now it's called North Linder in Kuna and the parcel next to it is South Linder in Meridian. Is that being addressed as well? Ricks: Actually, I haven't heard that addressed, but we are having a meeting tomorrow and I can certainly bring that up. De Weerd: Okay. Chief, that continues to be an issue, doesn't it? Or have they figured that out through emergency response? Silva: Madam Mayor, Members of the Council, that is a problem, because we do have the duplication in the addressing grid does -- you're exactly right. That does happen. I can't identify that with specifically that street, but I know that does exist where the addressing grids come up and abut one another. That is a real problem. I was just having an offline conversation with Scott about that very -- that very issue, ironically enough, but one -- two things after I wrote that memo, actually, that I would like to just kind of emphasize, that when we had hard lines into each home and less relying upon cell phones, you had that -- in the dispatch center it had an address verification screen that came up and they would ask that the person calling in the emergency to verify their address -- and that would -- should correlate if they picked up that hand set in their home to that -- to that address where the call is originating. This becomes a little bit more difficult in the -- now that we have cell phones and they are -- they are saying -- they will say I'm at the corner of, you know, Northwest 11 th -- I'm at West 11 th -- you know what I'm saying? They are coming off what they remember and seeing on the street sign, so with the enhanced use of cell phones in our society, it's actually become more of a problem, because when people are panicked and they are calling in an emergency, you know, whatever is -- whether or not it's a building fire or an EMS call, those details are extremely important, so we get units going to the right -- routed to the right spot. So, this is very important to us. De Weerd: Thank you, chief. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Two things, actually. I had one to begin with, but your comment about North and South Linder, McDermott is the same thing. One side of it's in Ada County, one is in Canyon county and there are signs that say east side is these numbers, north or east or south -- I mean I have tried to read those signs and I don't understand what they are telling me, but I do know it's an issue that the addresses on the opposite side of the street don't match. So, that would be one example of that. What we are looking at -- it would be intuitive to me to address them the way the upper left one is. That, in fact, West 11 th Street would be the name that's different than East 11 th Street and you would spell west and east out and only abbreviate the N. You gave some reason why that can't be done and I missed what that reason was, but I'm -- it would seem intuitive to me that what we are looking at on the upper left would -- that would be the way I would choose to do it. Ricks: Right. And -- and I can see why that would be so, but standard addressing guidelines say that directionals cannot be part -- directions cannot be part of the actual street name. So, 11 th -- 11 th is the actual street name. When we put west on there, then, we are adding direction to the street name without it being a pre -directional, if that makes sense. So, the direction needs to be in a pre -direction or post -direction, but it can't be part of the street name. So, these are -- we have plenty of signs like this that they need to be corrected. So, it will just be -- so, when someone is looking at it they are going to be -- they are not going to say -- they are not going to look at that and say, oh, we are on West 11 th Street, they are going to look at a sign more like this and say we are Northwest 14th. That's very -- you know, very simple. That's our hope. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: In that particular instance if you were Mr. West you could not have a street named after you, David. Ricks: That's true. Rountree: My question is do any of these changes result in an addressing change from a postal service standpoint and do we impose by moving forward with this another issue for our citizens that they have to change their addresses on their checks or on their envelopes or stationery and those sorts of things? Ricks: No. Councilman Rountree, it does not -- it does not require any kind of street name change. The street name will still remain. All these street names will still remain intact. The only thing we are changing is the way we are -- we are assigning the pre- directionals to a name and we were entering it in our databases. So, the street will remain the same, no -- no change of address is necessary to do this to the post office and no cost or inconvenience to the residents. Rountree: Other than they will be confused when they see a new street sign that they always lived on N West 11 th Street or N West 11 Avenue, same street, it's going to change. Ricks: And you would be surprised how many calls we receive from title companies and from residents questioning -- questioning their -- their official address, because our data might be different than Ada County's data. Title companies' data might be different than what appears on our building services certificates of occupancy. So, this is going to be a way to remedy -- to remedy all that. We hope to become consistent and that there is no question. The other thing I wanted to point out is -- is our residents assume that whatever appears on their street sign is accurate and they probably shouldn't do so. Many times it's incorrect. So, we are hoping to correct that, so that when someone looks at a street sign and they say we are Northwest 14th Street, we know that's exactly where they are. So, any further questions? De Weerd: No. Thank you, Terri. I don't know, I think we are just more confused, but -- Jack: Oh -oh. And I'm up next. De Weerd: Well, in terms of what is the official -- if I lived on North 11 th Street West, that's how I would have it on my checks or if -- if you looked at the sign and determined that's how -- I guess that's what I understood from Councilman Rountree's question and -- Ricks: And it is the same. I mean we are not changing that street name, but it's how we are characterizing that street and how we are entering it in our databases. Just on a personal note, when I go here to pay my water bill I happen to live on Southwest 8th and I go in and I say this is my name and I live on Southwest 8th and nine times out of ten they can't located it until I say, oh, 8th Avenue or -- yeah. South 8th Avenue -- or West 8th Avenue South and, then, they can find it in their database. So, even within the city we have troubles locating this information and just standardizing it between all our databases is going to be a world of difference. De Weerd: And that's what Robin is going to comment on. Okay. Ricks: Right. De Weerd: Good. That's the rest of the story. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, before Robin adds more, we discussed this -- I mean we raised the very same question that Council Member Rountree raised. Are we really changing the name of the street and the reality is we are not changing the name of the street. But we probably do need to help educate the public for the exact reason Madam Mayor raised, is that they may just presume the name of their street was N West 11 th, even though it really is Northwest 11 th and, you know, as Chief Silva was just reminding me, too, that the plats when they are determined with the streets, is really the official street name. So, the name hasn't changed. How it's being depicted is and so we probably do need to help educate the public on you really live on a street, not an avenue, you really live on an avenue, not a street, it really is Northwest 8th, not N West 8th. So, there will probably be some education as part of this process. But the -- we did -- we were comfortable that we weren't changing the name of the street, because we do actually have a process for that, which would provide notice, but, again, the street name isn't really changing, it's really just getting clarified, so -- De Weerd: Okay. So, we know that these are correct on the plat. We know that. Nary: We believe that. Bird: They are supposed to be. Rountree: They are supposed to be, yeah. De Weerd: Okay. Ricks: Sometimes plats can vary. You know, it will say on one side it's avenue, one side it's street. Now with the -- the Ada County street name committee we are going over preliminary plats and one of the things we are doing to avoid confusion, aside from making sure that street names are correctly depicted, whether it's avenue or whether it's north or south, east or west. And we are also looking for sound alikes or spelled alikes or unable to pronounce street names and rejecting those and asking for resubmittals, so we are doing our best to avoid confusion in the future. De Weerd: Based on who? You know, I may not be able to say something and Mr. Zaremba can. How many people can say de Weerd. Ricks: Actually, I didn't know. I worked here for two years before I knew it was de Weerd and not de Weerd, so I apologize. De Weerd: My point. Ricks: In our street name committee there are representatives from the different fire departments and addressing committee members and we have a representative from Ada County sheriffs dispatch and GIS and we have quite a few people -- quite a few agencies represented and so as the area is growing we are trying harder, more diligently, to -- to take care of things before they become a problem. Right now we are trying to problem solve and, then, going forward and be all on the same page, so -- De Weerd: Just to point out, I wasn't suggesting a name -- a street name should be after my name, because no one wants to live on The Weird Street. Just thought I would clarify that. Ricks: Okay. De Weerd: Okay. Thank you, Terri. Welcome, Robin. Jack: Hi. De Weerd: Hi. Jack: Madam Mayor, Council, I'm Robin Jack, I'm with the Public Works Department. think Terri said the planning, so I wanted to clarify that. So, I do the GIS for the city and I'm the one that kind of stirred the pot on this issue. I sit on the board for -- with COMPASS called the Regional Geographic Advisory Committee. It's a very long name, so we shortened it to something very nice and sweet, like RGAC. De Weerd: RGAC. Okay. Jack: And the board -- what we work on with this board is regional GIS data sets and addressing is perhaps one of our most important addressing sets, because once you have a good addressing set you can tie additional information to it, like daycares, businesses, you can start tying back to the address once you have it. We are in the process of building that and with RGAC we are working on a dual county addressing layer. Or our GIS data will be shared with Boise and with Ada County and, then, all of Canyon county's data will also be compiled with it. And it's -- it's going to be a very useful data set. And this decision that we are asking for tonight will be implemented in all of these databases, but the northwest, of course, it only applies to Meridian. And so when we have a decision, then, Ada County will change their data to accommodate the decision that comes out here, because it's very important with GIS data to have it all saying the same thing. If you have your parcel data saying one address and, then, you have your Ada County centerline data saying something else and, then, you have an addressing point layer that says something else, software doesn't run very well that way. We will just put it that way. It makes it really hard to find an address and all the software that's been purchased may not function properly, so -- so, this is what happens when we have inconsistent data and, then, we try to enter it into a database. We will have the house number as you can see here and, then, the pre -directional, which is what they have been talking about the most this evening and, then, the street name. And we can also have a post -directional, which is what we saw on one of the street signs that Terri Ricks showed earlier. And in the past this was entered very inconsistently and so you can imagine if someone is trying to locate a street and somebody says, well, I'm on 11 th Street, well, West 11 th Street North, Northwest -- you know, it can be hard to find in a database when it's written out like this. So, we are kind of preferring that it doesn't go that way, but to be honest, GIS can deal with whatever is decided, as long as we can get our data consistent. That's the most important part is getting the data consistent. So, the consequences would be, you know, with this inconsistent data is it could be confusing for EMS trying to locate a house. It could take a little longer for a dispatcher to find the house in a database and right now we have got so many pieces of GIS integrated software that are being implemented, not only in the city -- in the city we have Hansen coming on, we have got -- well, it's actually -- we are actually using Hansen now. Accela, which is on its way, which will also need this addressing layer. And, then, this New World RMS is what the police department will be using for their reports and the Northrop Grumman is what the fire department uses in their emergency trucks and their fire trucks for their MDTs. So, this is data that should be shared with all of these different pieces of software and it's really important that we get it consistent, so we don't have software that doesn't function properly because of inconsistency. So, this is what we are recommending is the highlighted in yellow where it would be a dual pre -direction of northwest with the street name being 11th Street type of street. And like I said, for GIS it's more important that we get it consistent and whether you choose the dual pre or whether west is spelled out in the street name. De Weerd: Any questions? Rountree: Madam Mayor -- and this is just a -- for my own interest in terms of your database, but do you assign a coordinate to a particular address or is your database sorted by address? Jack: Yes. The addressing layer will have coordinates. Rountree: So -- but that -- wouldn't necessarily -- would somewhat address the question or the information that Joe brought up in terms of his cell phones where they broadcast coordinates from where the call is being made, I would assume that can be received by EMS and, then, that could be put into the GIS address layer and find where you need to go, plus or minus a few feet, I suppose. I don't know how you -- how you pinpoint a lot with a coordinate, but it seems to me that there is way to make that work. Jack: Yeah. Our addressing will be -- the goal of it is to get it to where it's on the front door of properties, but it's going to take some time to get it there right now. We have got a lot of addresses that are in the center of the parcel or that are on the tops of buildings. Rountree: Yeah. Well, I'm not too concerned about the Z I don't think, but at least with your X and Y you kind of know where you are. Jack: Yeah. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I may have missed it, but another -- before you mentioned that this was at some point going to cover both Ada and Canyon counties. Jack: Yes. Zaremba: There was something said about finding conflicting names and Ada County I think has been fairly good about that, but when you combine the counties there is three Franklins that go different places. Is there any thought of trying to change those names? Jack: Of trying to change Franklin? That's kind of a street naming thing. GIS kind of ends up in the middle of a lot of this stuff, but, you know, that's a decision for the street naming committee. Zaremba: Okay. Jack: Does Terri want to come up and talk about it? De Weerd: Probably not. I'm sure we are changing enough right now. Ricks: There is no -- there is no intention of changing Franklin. And those are in -- in different cities and so that would be -- that would be helpful. De Weerd: I think the better example is Cherry Street and Cherry Avenue. I know that's been a real bugaboo with emergency responders, but we decided it seems like several years ago not to go down that street or avenue. Whichever. Colaianni: Madam Mayor, Council Members, Mr. Rountree, just to clarify some stuff, when we get a call from a cell phone, if it meets certain emergency criteria we can contact the dispatch center or we could, if we wanted to. Then, in turn, we will contact the cell phone carrier and we can do what we call ping the phone and by pinging the phone it allows us to triangulate within a certain distance to the closest tower and give us a general area of where that call is originated from. It's not an exact location, but it can get us a general location and it's not in all cases, it's only -- the cell phone companies are really reluctant to give general location and it's not in all cases, it's only -- the cell phone companies are really reluctant to do that for privacy issues, but if it is an emergency they will do that and we do have that capability. De Weerd: Thank you. Colaianni: You're welcome. De Weerd: Okay. Any other questions from Council? Bird: I have none, Mayor. De Weerd: So, I'm sure, Terri, you're looking for direction on how to proceed forward with this? Ricks: Yes, please. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: My preference is to move forward with it, but there is a component that you don't have outlined in your presentation and that's a public educational piece. I think when people start seeing their street signs change, the phones are going to come off the hook and we need to pre -expose what's going on and be set up to address those questions and take care of the -- the upsetness of folks thinking that their name has been changed and their -- all of their documents need to be changed and, et cetera. So, to me that's an important part of this. Ricks: Okay. Thank you for bringing that up and we will do that prior to the change. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: And my thought would be if -- if we are talking a cost in the range of five to six thousand dollars, it would make sense to me to pull all the teeth at once, so to speak, and -- I mean if this were going to be 50,000 dollars I could see phasing it, but I -- I'm in favor of doing it, it makes sense to be consistent. I think it would be wise to get it over with and do it all at once. Personal opinion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I concur with Councilman Rountree and I think the public -- we have got to get it out to the public. They are -- there is confusion already. I have lived on West 8th for 46 years, now I'm on Northwest 8th. Never heard of it before. Just last month. It's ridiculous. De Weerd: You should have looked at your closing papers. Bird: Forty-six years go I did. It says West 8th. The last street in the City of Meridian. De Weerd: Okay. Freckleton: Madam Mayor, Members of the Council, the -- Terri had a discussion with the -- her counterparts at Ada County this morning or yesterday, I can't remember which. Anyway, they were good to go with copies from -- so, we need to just make sure that the -- I realize this isn't going to be a motion, but we just need to make sure that the direction that you're agreeing to is clearly stated, if -- if it is your intention to go with the recommendation as put forth tonight, we just need to make sure that that's clear. De Weerd: A pre -directional. Freckleton: The dual pre -directional. Bird: Yeah. De Weerd: Uh-huh. Rountree: I would suggest to make it official that you prepare a letter for the Mayor's signature. Bird: Second that. De Weerd: Okay. I have a motion and a second with a direction that Council prefers on the pre -directional. Rountree: Dual directional. Bird: Dual directional. De Weerd: Dual pre -directional. There you go. On numbered streets. Any discussion? Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Hoaglun, absent; Zaremba, yea. De Weerd: All ayes. MOTION CARRIED: THREE AYES: ONE ABSENT. De Weerd: I do think, though, that the question will remain and -- on making sure we know what street is called what per the plat and that public educational piece will be certainly. Freckleton: Absolutely. Thank you. De Weerd: Okay. And we will need a budget amendment how we are paying for it. Okay. • Freckleton: Thank you. De Weerd: Thank you. Ricks: Thank you. F. Building Services Division: Budget Amendment for Air Cards for the Accela Project for a Not -to -Exceed Amount of $3,654.00 De Weerd: Okay. Our next item under S -F is our building services division. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, actually, this an IT request. The money for this is 3,654 dollars, is money that is currently in IT's budget in regards to the Accela, it needs to be divided out to the various departments for the purchase of air cards for the use out in the field for the Accela project for the testing and the use and in next year's budget in FY -12 the money is already put into those department budgets. So, the determination and the Accela project process that we are in now, was to move the money to the various departments, so finance originally recommended that we run them as separate budget amendments for each department and seemed kind of unusual. So, it seemed to make more sense that it came from IT, since the money is already housed in the IT budget and it's just being essentially redisbursed back to Building Services and Planning and -- I forgot to pull it up. Building services, Planning, Fire, so -- so, anyway, it's contained in that, but it's an IT request, not Building Services, and I don't think we just caught that when we set the agenda, so I apologize. De Weerd: Okay. Council, any questions? Rountree: Madam Mayor, just -- we talked about there being multiple disbursements. Is this the first of the three or are the other two being done or -- Bird: This is it. Rountree: -- are they just -- this is just one? Nary: It's just one. We felt it would be easier to do it as one budget amendment from IT to disburse it to those other accounts. Rountree: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the budget amendment for air cards for the sum of 3,654 dollars. Rountree: Second. De Weerd: I have a motion and a second approving the budget amendment under 8-F. If there is no discussion, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Hoaglun, absent; Zaremba, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES: ONE ABSENT. G. Mayor's Office: Budget Amendment for State of the City Costs for a Not -to -Exceed Amount of $13,420.00 De Weerd: Under 8-G we have a budget amendment and I'll turn this over to Robert. Simison: Thank you, Madam Mayor, Members of the Council. Council, you have before you tonight is what has become our annual State of the City budget amendment, which we bring to you after all the bills have been paid for the State of the City and all their receipts for those that have agreed to sponsor have come in. All the money has come in for the year, so what you have is a budget amendment authorizing the spending of the difference between what was budgeted in this year and what has actually been collected for the year. And with that I would stand for any questions. De Weerd: Thank you, Robert. Council, any questions? Okay. If there is no questions do I have a motion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve the budget amendment for the State of the City costs for the not to exceed amount of 13,420 dollars. Rountree: Second. De Weerd: I have a motion and a second. Any discussion? Seeing none, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Hoaglun, absent; Zaremba, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES: ONE ABSENT. H. Planning and Public Works Departments: Airport Road - Overland Road Corridor Study Update and Discussion on Land Uses and Serviceability De Weerd: 8-H, under Planning and Public Works Department. I will turn this over to Caleb for discussion on Airport Road. Airport Road and Overland. Hood: Thank you, Madam Mayor, Members of the Council. I'm going to take a little bit more time than the last two items, but hopefully not too terribly much. During the April 19th meeting I was in front of you and the Mayor asked -- I think it was at the end of that meeting, as a future agenda topic, to bring back the -- excuse me -- Airport Road in Nampa and the Overland Road in Meridian, Ada County, corridor study and serviceability being the main one and future land uses and the impacts that our future sewer and water services may have on determining a preferred alignment on the study. I have already done two, if not three updates to you -- given two or three updates to you all before on the current work on the study. All of you, I think, except for Councilman Bird, were at the meeting that we had here at City Hall a few weeks ago with members from the Ada County Highway District and Nampa City Council -- Nampa Highway District on this study, so I won't go into too many details on that, but I will just bring up to speed. The two alternatives that are still on the table are alternative 2-13 and 2-C. So, what you see on the screen it's the -- starting in Nampa it starts in brown, then, goes to yellow and, then, purple, are kind of the two alternatives, the purple and the yellow being the two alternatives that are still on the table. So, just a little bit more background. The eastern terminus of both of these -- of all these alignments, actually, is the same, it's at the new Ten Mile -Overland intersection where the signal is -- has been relocated to. There was some -- some criteria that were developed in order to look at all the alternatives that you see on the screen now. Staff has taken those alternatives and we did a little bit more detailed research into some of the additional screening alternatives, like topography, improvement values, property improvement values, and some other environmental impacts and what the clerk just handed out, actually, is seven sheets of kind of that analysis. I don't know that I will go through it page by with you, but I just want to show you that we did look at both the alternatives for, again, topography, values, other impacts that may not -- that may not have been looked at originally with the environmental scan that Parametrics did and, then, we took a couple of those elements and dug a little bit deeper. Another major component which doesn't show up in the seven handouts that you have, but were in the memo, was I worked with Public Works Department on master planning for sewer and water in this area. So, I will just take a minute I think to go through the serviceability, because that was not a consideration that -- that myself being part of this TAC was in this area so I'll just take minute I think to go through serviceability, because that was not a consideration that myself being part of this TAC team that's looking at this project at the staff level, took into consideration -- I did consider land uses, but our map pretty much shows low density residential in this area, so I kind of took that with a little bit of a grain of salt. It is our adopted plan, but realize there is probably going to be some forces out there that will want to change some of these properties to some other things other than low density residential. Not all of them, but probably some parcels. So, in looking at some of what Public Works is planning for -- again, I will draw your attention to not the hand out that you just received, but your packet and on page four of that memo there is a summary of serviceability. We are actually -- in this study area there are three sewer sheds, so the area west of Ten Mile to the county line and from 1-84 to Victory, that sewer shed is fed by the Black Cat trunk line. And that trunk line is already in existence and so those -- those few parcels can already be served by the capacity that's now in the Black Cat trunk line. The Victory trunk line and McDermott trunk line are also in this service area and neither of those lines exist today. They will be development driven. There are no plans currently in Public Works plans for development of those lines. I think I'll just talk for a minute what they are planning on those lines. Their master plan right now is -- again, it's low density in that area, because that's what the city has shown on our future land use map. That's the adopted plan. There is -- what I have got in that memo I can show that low density typically equates to about four and a half units per acre and, typically, a single family home in low density uses 974 gallons per acre per day. So, as a general rule of thumb residential is one of the higher users of sewer and water, but I'm not telling you anything new, but long story short, if we were to change from residential to commercial, industrial, office, some of the mixed use categories, we have future capacity there. Again, there is no capacity today, because the line isn't there, but it wouldn't put any additional strain on our wastewater treatment plant, because they are planning for that capacity. So, some of them that we went to a higher density residential, then, yeah, that may not work, there has got to be some give and take there, so you can't change it all from low to high and still have the same size mains in the road, basically. But there is some ability for us to change land use types in this area. Some of the analysis that we have done with the handout that you were given in the packet that you had before this meeting, I don't find that -- that there are any deterrents or reasons to favor alignment 2-13 or 2-C, one over the other. It really is a blank slate, essentially, with all apologies to the people that live out there today. I mean depending -- choosing either route is not going to affect our ability to service those properties or affect say the ability that -- to designate more or less land for commercial or mixed use or either -- it's basically a wash still with alternative 2-13 and 2-C. So, with that, Madam Mayor, you're the one that brought this up, so, hopefully, I addressed your questions with this analysis, but if not I'll stand for any questions and do anything else, I guess, that I need to fully resolve the questions you or the Council may have. De Weerd: No. Caleb, I greatly appreciate you working with Public Works to come up with the answer to that and so this is appreciated. If it was -- if you would have shown a difference we -- and we didn't have that information, it would have been a very glaring omission I think. Council, any questions on this? Bird: I have none, Mayor. Very good report. De Weerd: Okay. No? Okay. Thank you so much. Hood: Thank you. De Weerd: So, I guess that still leaves the lingering question of what is the preference; right? Hood: And, Madam Mayor, yes, we are still doing -- we -- Parametrics, for the most part, in coordination with ACHD -- I'm kind of on the sidelines on this analysis, but they are still looking at alternative 2-13 and 2-C to see if there is just something that breaks a tie. They both score really well. I think it may come down to Route B being a straighter, more direct alignment, but they are looking at ways to primarily get through this area here with 2-B and the reclamation of the gravel pit in there and how that may be Compacted and if it can -- what the costs really are to go through there and how reclamation can happen. That may be the one question mark that's still being looked at is can 2-B really work getting through that -- that area and can all parties work out and accommodate a future roadway through there. I think the answer is yes, but we don't have the hard numbers that show here is what it's going to cost and how that's going to work, but, essentially, yes, we will bring the question back to you again formally to choose a preferred alternative and, then, probably in coordination with Ada County Highway District call a joint hearing or meeting -- public meeting to jointly adopt the study. That's a little bit further out, but the question still does linger about a preferred alternative and we are still working on it, so -- De Weerd: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Caleb, something you might want to pass on and I'm -- I'm just looking at this tonight -- and though I tend to agree that Route B is the straight one, looking at -- at the intersection in our impact area with Black Cat -- and Black Cat will be a major collector, minor arterial, at some point in time. I don't know what it's classed now, but it does get us across the interstate in that area where it's a little difficult and it seems that Route C, putting that back on the one mile grid as a potentially future signalized intersection would be better there than having an intersection at Black Cat and Lamont, which would be a three-legged intersection without it being extended and, then, another major intersection with Route B on Black Cat, which would potentially have to be signalized. So, it just seems to me like it might flow a little better, they might want to do a little modeling in that regard with Route C on Black Cat versus Route B. Other than that I don't see a whole lot of difference. Hood: Madam Mayor, if I could maybe just follow up on that a little bit and so I understand your comment. I think what I heard you say is that you're now -- some preference may be given, depending on modeling, to Route C, because it's, essentially, at the half mile -- it is half mile between -- Rountree: Yeah. It's -- but the -- Hood: Now just -- we looked at that. The one problem, really, with that is -- you mentioned Lamont. It exists and if you put this -- even though the yellow kind of jogs back up a little bit to intersect with Overland, it's going to be hard for those people living on Lamont for people not to go straight and continue down this -- for all intents and purposes -- a residential road now and you're really going to get people that will bypass the signal at Ten Mile and Overland and just continue straight to an unsignalized intersection at Lamont and Ten Mile, that's the fear anyways and some of that modeling shows that Lamont -- that trips on Lamont go a lot higher, because it would be connected there, so -- but I will have him look at it some more. That was just one of the down sizes in impacts to some of the existing residences on Lamont with Route C, but -- Rountree: Yeah. That's obvious if it's a through route Lamont's traffic would go up. Zaremba: Madam Mayor? Rountree: But it's going to have traffic anyway, so you're going to have -- at a quarter mile or less you're going to have fairly busy intersections competing where you could control it at the half mile with a signal at Lamont and just have a connector that may or may not come out of the gravel pit at some point in time in the future. Just -- I was going to say, to throw in their model and see if that -- if that's something that makes a difference. Hood: Thank you. De Weerd: Mr. Zaremba. Zaremba: That current discussion points out to me that I made an assumption that isn't actually demonstrated in fact. I was assuming that if Route C was chosen, Lamont would be cul -de -sacked at Ten Mile and not connected to Ten Mile. Then, that short section of residential stuff would access the other part of Lamont where the yellow line is. But now that you -- hear the discussion, I realize that was just my own assumption. Hood: Yeah. Madam Mayor, I have not -- I have not seen that plan in anything. Certainly that's not anything that we have been looking at as part of alignment study. You still have about an eighth of a mile between the signal at Overland and Lamont today. So, the spacing would be okay. And you'd end up with the same situation -- B- C, it's the same spacing, essentially, between -- at the intersection of Black Cat, about a quarter of a mile, but I hear what you're saying. I mean you're going to have high volumes on both -- Rountree: Yeah. Hood: -- so, we will look at it -- I will look at it some more and see what -- again, if there is anything that tips the scales, so -- De Weerd: Okay. Silva: Madam Mayor, Members of the Council, on that side -- Caleb, can you just pull that back for just one second, please. Just keep in mind that, you know, with our future of generalized location of Ten Mile and Overland -- where the intersection will occur, we have an auto aid agreement currently with the Nampa Fire Department and so we are -- we are -- you know, we kind of realized and be real efficient with our response times in through this area, because it's gone back and forth now on an auto aid basis, rather than a mutual aid basis. So, as Council is considering Route B or C as alternatives, given Councilman's concerns -- Councilman Rountree's concerns about, you know, that signalization, which is a factor, please, keep in mind that we do have existing auto aid agreements that we are trying to provide efficient services in this area, particularly to mutual benefit, all the growth that is probably about ready to take place in this general area. Hood: Are you ready to move onto the next item, Madam Mayor? De Weerd: Yes. I. Planning Department: Transportation Update on Projects, Priorities and Studies - Includes a Discussion on Ada County Highway District's (ACRD) Cost Share Policy, Updates on Future and Current Highway Projects, and Discussion About Agenda Items for the Upcoming ACHD-Meridian Joint Meeting. Hood: Okay. The next one isn't so titled in my -- on the agenda, but it is the All Things Transportation update. It is my transportation update to you all for the spring. As I mentioned in my memo I'm not going to go through all of them. The first page basically is some good news on some projects, either recently being finished or being on schedule and going to be complete later this summer. I will highlight just -- it's chip sealing season, so if you get any questions, concerns, comments on that, you can direct them to ACHD's maintenance department website link or you can send them to me, too, and there is a handy brochure I can send folks or whatever we need to take it out there. So, a couple things I want to spend a little bit more time on, beginning on page two of the memo. Excuse me. We have an upcoming joint meeting with the Ada County Highway District Board of Commissioners, that's on Thursday, May 19th, from noon to 1:30 at ACHD. We have a tentative agenda, which includes split corridor phase two discussion, ACHD cost share policy, and some follow-up questions on ACHD revenue and expenditure report. I don't know that you all have had a chance to see that. There was some press -- I think that you all had a chance to look at those findings over the past ten years in FY -10 from ACHD and we have asked for some time to -- to ask some questions of the ACHD board and the director on that report, so I don't know if you have any questions that you want to start formulating or not -- De Weerd: Well, Caleb, I was under the impression that that is not going to be on the agenda. Hood: And, Madam Mayor, it was tentative, so I don't know if you guys had questions that you were intending to answer -- or ask at that time. If it doesn't happen I can still ask those questions for you if you would like. Like I said, that one kind of had some back and forth, so I'm not quite sure if that one is going to be on the agenda or not. De Weerd: When the director said that it would not work on this agenda, we did do a follow up and ask if perhaps it could be on a City Council agenda, so that Council would have an opportunity to ask any of those questions and so we hope on a future Council agenda that they will have that opportunity. Hood: Okay. So, split corridor phase two and cost share -- I guess I wanted to add just to make sure are there any topics? Are those ones okay? Those are kind of the big two that we have identified for this agenda and I will touch on both of those here just subsequent, but I want to pause real quick and see of there is anything else that maybe we need to ask to put on that -- on that agenda for Thursday, May 19th. I think that will take a good portion of that time anyway, just to get to those couple of items, but I just wanted to -- De Weerd: I believe so, too. Hood: -- just wanted to touch base. So, then, to follow up on -- on both of those. First regarding split corridor phase two. Not to steal Public Works' thunder, but I think a lot of it's going to -- going to have to do with utilities and discussion on construction of split corridor phase two. I wanted to call your attention -- and I have had the chance already to talk with Councilman Rountree and Councilman Zaremba. I tried to touch base with Councilman Bird, he also sits on the Fairview access management policy team with Councilman Zaremba, but I did want to bring to your attention a discrepancy I guess is the best way to call it and in a couple of projects that ACHD has moving forward, I am serving on both of these project teams. The first one is split corridor phase two and the second one is the Fairview access management plan. Now, what you see on the screen here is just an aerial of the overall area at Meridian, Cherry, Fairview and the terminus, essentially, of split corridor phase two and I'm going to do a little bit of drawing on this one. Third Street intersects Fairview here. And I think I will move to the next slide and we can come back to this one if we need to. ACHD has acquired the area -- it got chopped off. That says ACHD, but ACHD has acquired the area in bluish teal for a storm drain pond and this is what the design looks like. It comes up to a common drive off of Meridian Road. It doesn't go all the way down to Fairview, but I do want to call to your attention, then, our draft Fairview access management plan and I will highlight for your -- again, this is the ACHD pond area -- it will be right in there. On the draft plan we have a roadway that is a future proposed circulated road in this area. I'll have to tell you I'm not sure how this roadway got on the map. I inherited this project from Matt Ellsworth. I'm not going to say he put it on the map either, but this is on the -- the draft plan for Fairview Avenue. I will call out for you a couple of things. I mentioned, you know, 3rd Street to the south, we -- the city adopted an alignment study in 2009, called for 3rd Street to be in a straight alignment through here and a future signal at Fairview. Now, the key thing I think -- and this isn't going to surprise anybody, but one of the main reasons for the signal there is to get the signal off line at Main Street in like 2025 1 think it shows it being failing. Today it's not the greatest situation with just the spacing in between Main and Meridian there. We have comp plan -- a comp plan policy that reiterates that. It wasn't a new one that I slipped in when we adopted the new comp plan, it's something that's been on one of our policies for some time now to look into the extension of East 3rd Street up to Fairview Avenue and a future signal at Fairview Avenue. One of the things, if that is truly in the city's plans, to put a signal there, we will probably need to -- probably. I talked to Terry Little a little bit at ACHD, he's the traffic manager there at ACHD, about signal warrants and if we didn't have a four legged intersection there, how likely are we to pull that -- the signal at Main Street off in the future or get a new signal at 3rd Street in the future. He didn't say it's a must have, but he certainly said it would help make the case if it were a four legged intersection. So, wanted to bring this up to you now that -- because ACHD, you know, is at 99 percent with split corridor phase two and if -- if the city doesn't push forward in coordination with ACHD for a roadway, instead of their service drive, which is currently what they have drawn in here, intersect Carmel, but they have some area -- you know, there is the Five Mile Creek that runs through here, so top of bank is -- it looks like somewhere over here. But if we didn't get ACHD to at least preserve, if not construct or put down some road base or something to make it look like a future roadway, we probably will never get that full -- sorry -- four legged intersection and the connection up to Carmel. So, again -- sorry, there is a lot of -- De Weerd: Where is Carmel? Rountree: Just north of -- De Weerd: Okay. Hood: As you can see, ACHD owns all that -- De Weerd: Okay. Right there. Okay. Hood: ACHD purchased everything that's vacant green in here and their service drive on that plan comes in right here and that roadway -- 3rd comes in something like that. Some of the businesses out there -- Burger King would be the one most heavily impacted. There is a sign company -- Sunset Tint and Trim, a sign company. This is Westside Body Works. Big -O. I think there is maybe one or two other tenants in these buildings where there is an impact. I better take that off. To those businesses directly, certainly wouldn't be proposing to make that connection between ACHD's property and the future signal, but, again, you're talking about two-thirds, three-quarters of that -- of that road getting constructed, potentially, with ACHD's projects. So, just a couple of other things to highlight. I'm not aware of anybody talking to any of the neighbors in this existing subdivision about it, nor these property owners about a future roadway going through there, but I thought I would just highlight that the draft plan for Fairview access management shows a circulated road and, then, just also, again, tie that in with what we have kind of been planning for for 3rd Street at Fairview and just leave it there. Again, I think the timing's right, because -- actually, the pond will happen in 2013. So, if we don't ask ACHD it will be very, very difficult to probably reconstruct those ponds in the future if we ever want that roadway to go through. I will also let you know if the roadway doesn't seem to be something you want to pursue, I will at least be pursuing the pathway connection in that same general vicinity, because the master pathway plan does show a pathway along the Five Mile Creek. So, if we don't get a road I'm -- I'm still -- I still work with ACHD on getting at least a pathway through there. So, I think that's the background information that I wanted you all to have and see if this warrants a discussion or a sub discussion at the joint meeting with ACHD on the 19th, so -- De Weerd: Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Oh. I'm sorry. Mr. Rountree, were you first? Rountree: Well, Madam Mayor, it seems to me that if this, in fact, is a draft access management plan that's being pursued by ACHD and the partners, that their construction plans for their pond ought to reflect what their potential plans are and they ought to show that corridor through some kind of an easement or some kind of a dedication for future roadway on their wastewater flow or storm water retention pond. And I don't know if that means they would have to resize it or make it deeper or what, but it ought to be on that. Hood: Madam Mayor, if that was a question I can partially answer that. Yes, it would have to be redesigned. The pond would have to -- but it's my understanding that it's a large enough site where they could accommodate -- they could redesign it to make it deeper and whatnot to accommodate the volume. And if I may, Madam Mayor, you know, this -- the draft access management plan is a joint effort. So, I won't -- I'll take some responsibility for not catching this sooner, but, you know, this is a draft, it wasn't on the books, so I could see where ACHD in designing the split corridor, wouldn't look to this, because it's not adopted yet. So, it is kind of a -- now it's kind of decision point and that's why I think we can -- we can do it if that's the plan. But I think this does give us some leverage at least to request that of the highway district. Rountree: My comment is not to point fingers or assess blame, is the planning folks didn't get together with the designing folks and they need to I think and a decision made. So, yeah, I think it's ripe for discussion. Hood: Okay. De Weerd: Mr. Zaremba. Zaremba: Actually, I'm glad Councilman Rountree went first, because he said exactly what I was going to say and I -- only to reemphasize -- I think we should ask them to reconsider these. I know detention ponds or whatever you call them, to accommodate that roadway, even if they do nothing about putting the roadway in now, at least design the ponds to reserve the possibility and that probably does need to be our request. De Weerd: Well, I guess I never knew that connection existed either, so -- Hood: It doesn't exist today, but -- De Weerd: Well, was being proposed. I didn't catch that in the -- the plan. Bird: I didn't either. Hood: Maybe just one more follow-up question, if those are the only two general comments on pursuing this. I would just -- we could request that or I would ask you to request that of ACHD as this moves forward on the 19th. I wouldn't be surprised if they asked what accommodate means. If we just asked them to save a 50 foot right of way, that probably implies that they expect the city to pay for that when it's time to make this connection. So, if it's just the right of way preservation, that's fine, but I think if we request that of them -- if that's all we are requesting, I think we should at least just be clear on that or if we want them to construct the whole thing, curb, gutter, sidewalk, you know, that should be our request. I'm not advocating one way or the other, but I think it needs to be clear what we are asking them to do with their storm drain pond site redesign, so -- De Weerd: So, we will work -- if Council wants to have this as part of the discussion, to add that to the agenda. Rountree: Madam Mayor, I'm not sure we will get through the agenda we have now, but -- Bird: I was going to say -- Rountree: -- but if we do have time simply to bring it up and, then, with two members on the -- the access management planning group, I would think that that particular forum is a place to bring this up and that any construction activity and design work on Fairview ought to be accommodating the planning before you finalize the design sheets for construction, it may not be that this -- that particular concept will work, but it's going to be a whole lot more difficult when it's turned into a storm water retention pond and now is the time to address the question and get an answer and if they can preserve it as part of the berm now, great. If they can't, I will -- we have got an answer, but at least we asked before it got built. Hood: Yeah. Right. That's my whole reason for bringing it up, so -- De Weerd: So, we can just in parenthesis, Robert, put as time allows -- if time allows. Hood: Yeah. Madam Mayor and Council, I -- just a heads up. I have already asked Director Wong and kind of gave them a heads up that I was -- we may be talking about this on the -- on the 19th, pending your discussion. So, there is already kind of a little place holder in that cost share discussion for this and their project manager is aware and his boss. So, it can be at the end of the agenda as time allows, but just so you know, it won't be a surprise to anyone when this does show up on the agenda, so -- because I already kind of planted that seed, so -- De Weerd: Now that we are over our surprise, too. Hood: Yeah. Rountree: We are not surprised any longer. Hood: And let me know if you want to talk between now and then about -- I have pretty much shared everything I know, but we can talk so more. So, I'm going to move on in the memo. Siddoway: Madam Mayor, could I -- right over here. I came down specifically just to address the -- the pathway issue and Caleb touched on it, but the pathways master plan does show a pathway along the south side of Five Mile Creek in that area. So, I just want to make sure that pathway is on the table as a request to be constructed with the storm water project. And that's been discussed with ACHD in meetings going back at least a couple years that I -- that I know of, so -- De Weerd: Okay. Hood: Madam Mayor, just -- and I think it was Councilman Zaremba I have had a discussion about -- in the design of that 3rd Street we could maybe look at doing -- ten feet on one side of the roadway that doubles as a pedestrian and our multi -use pathway, kind of where we are at today. There was some resistance from ACHD to actually construct that pathway, they wanted us to pay for a lot of that in the past and it did make it into the design and whatnot, but I think with the roadway, I think we can accommodate both pedestrians and cars, hopefully, if we can get them to preserve the appropriate right of way widths, so -- anyway. That pathway is covered, too. Siddoway: Thank you. Hood: All right. Thanks, Steve. ACHD cost share policy. Again, this is one on the draft agenda for the 19th with ACHD. It's something we have been talking about for the past few months now. Just to kind of bring some preparation I guess for that meeting and so I can understand what the city's real issues are with the cost share policy, I have tried to refresh your memories going back two, two and a half years on -- as one of the TLIP documents, some of the correspondence that we sent to ACHD regarding some of our concerns. I have summarized some of those in the memo. From the staff level really I think what it comes down to is ACHD's interpretation and their cost share policy and potentially their ordinance if they adopt one, is that the city will realize a lack of landscaping along the storm drain sites and arterial roadways. That really presents a compliance or a code issue or a conflict with city code and/or the Local Land Use Planning Act. We can have these storm drain pond sites that don't have any landscaping, because of ACHD cost share policy basically prohibits them from buying any what they call nontransportation components. At least that's how it could be interpreted. Basically, ACHD's policy allows them to pay for travel lanes, bike lanes, curb, gutter, attached sidewalk, and signals. Nontransportation components, which a city or some other partnering agency would pay for include landscaping, specialized pavement, sidewalk treatment, decorative lighting, or other nontransportation component features. The other thing is just -- you know, we several months ago now said that our preferred interim treatment would be that roto -mill material. Well, ACHD -- won't say they have a surplus of it, but certainly they have better access to it than the city does. It would be fairly easy for them to incorporate some of that -- those interim treatments into their design and actually construct those without having to do this cost share agreement and have the city pay for that. At least that's staffs perspective. City staffs perspective. So, those are just kind of some of the -- the things that we see with ACHD's cost share policy that we don't quite understand fully, but didn't know if there were other things that maybe the Council has that we don't necessarily agree with in the policy. So, hopefully, you have all had a chance to re -review that cost share policy and are prepared to bring up -- you won't have to tell me necessarily now, but if you would at least be prepared or if there is something I can help you do to prepare for our discussion on the 19th, I guess that's -- that's why I'm here or if you want more elaborate explanations on some of those things, why staff -- some of the issues that staff has listed, I guess we can gather that information in the next nine days for you, so -- that's my staff report and I will stand for any comments or questions you may have. De Weerd: I guess, Caleb, my philosophical problem with the cost share policy is because we have a countywide highway district that's determining these rules that other communities who have their own road departments and can decide how their dollars are spent -- federal dollars and state dollars don't have these same restrictions to them and so other cities pay for these kind of treatments and lighting and landscaping and community characteristics from transportation dollars and not general fund dollars. Is that -- is that an assumption that is correct or incorrect? I guess it's something that other communities are doing in their communities. Are they not using transportation dollars to do that and they are -- because of restrictions by the state or the federal dollars, are they really using general fund dollars to do that -- nontransportation related dollars to do those treatments? Where are we coming up with this policy that penalizes cities because we have a countywide highway district that doesn't want to do those. Now, all of a sudden your general fund has to bear the burden. I guess that's my -- the crux of my concern is who is dictating this, the people we are getting the money from or our highway district that's supposed to be spending it. Hood: Madam Mayor, to try to answer questions in reverse order maybe -- I mean this cost share policy really is ACHD's interpretation of state code, which they have taken literally to mean their charge is -- I didn't put it in the memo, but, basically, to pay for components associated with roadway projects. De Weerd: So, they are interpreting the state code differently than the 200 other cities in this state. Hood: Well, Madam Mayor, ACHD is the only countywide highway district, as you mentioned. So, the other -- the other agencies -- and I don't -- I'm not familiar enough to know what line items are coming from, if they are general budget or in transportation or Public Works, road building departments, so that portion of state statute Title 40 really only applies to ACHD in Idaho. I mean they are the only ones where -- where that applies, because they are the only countywide highway district, so -- De Weerd: Well, I guess, Caleb, what information I think would be helpful for the Council and I prior to that meeting is what are those line items that, okay, other cities and road districts don't have Title 40 like -- or Code 40, whatever it is -- like highway -- countywide highway district, but how do they pay for the same treatments that Ada County Highway District is saying we cannot use those same transportation dollars for? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Can I interject something in there? You're on the right track. And, Bill, on the 40 -- Statute 40 or whatever it is -- Title 40. But the funding sources for the countywide highway district comes the same as the one for Nampa Highway District, Canyon County Highway District, Golden Gate Highway District, they all come off of property taxes, federal money, and state money. So, why are they under a different setting than Ada County Highway District? I mean the revenue is all coming from the same place and I'm like the Mayor, why have they decided upon themselves that they are not going to do only just what is roads? They want our -- our taxpayers already pay their share of ACHD, but, then, now they want us to take money and pay for the other stuff that they don't want to do, which I think is their charge to do. Rountree: Madam Mayor? And, Caleb, I believe that word ethstetics is used in either their policy or in Title 40 and to me something other than the roadway surface is included in that. It's a pretty ethereal term, but at a minimum landscaping I think could be construed as part of the roadway prism. It certainly is by federal statute and the exercise of the use of federal highway dollars, even though they are to be used for highway projects, the state to some degree does that and they are operating under the same statute as it relates to the assemblage of taxes from gas and oil and other services related to automobiles that are constitutionally directed to highways. ACHD has other programs that are not building highways that they fund and I'm very glad they do, but to me they have chosen to pick and choose where they want to spend that money, against the will of the -- of their customers and the people and the communities they serve, because I don't think this is just an issue with Meridian, I think it's an issue with all of the other cities in the county and maybe even the county. Now, I understand the sparsity of funding for transportation facilities, but every day when I drive by the storm water retention facility on the corner of Ustick and Linder Road next to Bridge Tower Subdivision, I just shake my head and say this is incongruent, they don't come -- they don't go together and at a minimum some landscaping should have been included with that project. It's a huge project. It's not just a small little retention pond, it's huge. They had to fence it, because it was being used as a recreation area. I think my desire for -- from ACHD is for them to think about and provide flexibility in their policy and their future ordinance that would allow them in certain instances or for a certain percentage on a large project to accommodate some esthetics, which in my mind would be grading, landscaping, some kind of land formation -- maybe incorporation of a -- of some other multiple use facility. Some of those retention facilities are without water I would guess in excess of 90 percent of the time and they are just wastelands. Could we get creative and turn them into something else? And I would be glad to sit on a committee with somebody to brainstorm how we could turn them into something other than just wastelands. They are -- they are an eye sore in those communities that they are adjacent to. Thank you. Hood: Madam Mayor, if I may, again. Councilman Rountree just brought up or touched on it a little bit, too. We can certainly look into what other communities do and I will get that for you and how they pay for some of those projects. But, you know, in the past federal projects, three percent were for enhancements. That's a similar type of thing. For landscaping or some other nontransportation elements of a project was pretty typical. I mean you typically would see for federal projects three percent of a project's cost being spent for these esthetic enhancement type things. Just to kind of extend that further, I don't know if that's kind of where you're going is maybe a percentage of a project cost, may be allocated -- could be allocated. Not that they have to spend that necessarily, but if a city requested it, you could spend up to some either set amount or a percentage of a project cost maybe as an alternative, but some flexibility. I think, you know, to kind of put myself in the position of ACHD -- and I think you touched on it -- they want to spend the maximum amount of dollars on things they can control, do more projects and build more roads or maintain more roads. So, I kind of understand where that can go, because I could see communities going the other way and say, well, we want one hundred foot landscape buffers and a tree every five foot and the highway district needs to pay for it. So, I could see it going overboard and people taking advantage if they knew that the highway district paid for these exorbitant things. So, I understand where they kind of want to put some sideboards on it, but their interpretation is basically nothing and if we could get at least our minimums for code to dress up the front edge or whatever we -- that flexibility is, I think -- I understand I think what the issue is and I will do some more research and see what I can find about other communities, but maybe we could maybe ponder that thought about a -- up to a certain amount or percentage of a project cost or design. I don't know how that works out, but -- De Weerd: Well -- and rather than pulling that out of the air, if we can see what has been the typical thing. And I don't think this city has ever asked for fluff, so I -- and I don't think the majority of projects -- I don't think that that has ever been the rule for any of the cities. I'm not sure the problem that -- that they were trying to address, other than, yes, I -- we all want as many dollars to go to the road projects, but our detached sidewalks that have a safety aspect to them is not fluff either and to say that we either have to take it out of our police or fire budgets or not have it at all is -- is not appropriate either. So, it's just getting a better understanding of -- in Idaho what are these dollars allowed to be spent for, so we have a better understanding of -- or a better argument or standing in having this discussion with ACHD. Hood: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: The points that I would make have been made, but I -- I think where maybe a little disconnect is happening is the definition of what is a roadway and as you rattled off some things that they think it is, it's the lanes and the -- maybe a bike lane and curb, gutter and attached sidewalk, as the Mayor said, a detached sidewalk is not fluff, a detached sidewalk we see as a safety issue and we are requiring developers to do that and I think a piece that you and I have talked about, ACHD says, okay, if you're talking about a detached sidewalk, then, it has to be big enough to put a tree in, so it probably has to be eight feet. If you do that on both sides who pays for the extra 16 feet of right of way. And -- and I think we feel that's part of the roadway that ACHD pays for. They are defining it differently. They are defining it as an attached sidewalk, which means they don't pay for it and I think we need to resolve that. I have no issue with -- if it turns out that it's landscaping in that detached area, I have no problem with saying, okay, that's going to get turned over our Parks Department to maintain. He's not there and -- oh, he is there. Okay. Hiding behind the corner there. But I still think that that is a right-of-way issue that is ACHD's responsibility when they go to purchase the right of way. We need to have defined that roadway section as the detached part and as the Mayor said, I don't consider that fluff, that's a safety issue. De Weerd: Well -- and I guess just to add one more wrench in this is it would be the off road bike path. I guess if it's a choice of having an on road -- you do have to have extra right of way to do the kind of bike lanes that they are doing currently and I'll tell you that no parent is going to send their child on that road to ride in that bike lane. If the community's priority is an extended width of a sidewalk, not different right of way, that should be also considered. Just because it's not on the road should not exclude it from their funding criteria. So, those are some of the concerns. Hood: And, Madam Mayor, I appreciate that. If I can -- because I want to clarify this before we get in front of the commission, you know. Just to Councilman Zaremba's point. Up to this point ACHD has been willing to purchase the additional right of way it takes to go from a seven foot attached to five foot wide detached. They haven't said, city, you need to pay for the extra five feet on either side to buy this right of way. They have been very good about that. However, could come if you -- if they apply their cost share policy as written, it could come where that extra five feet now is a difference between buying some -- you know, a sliver off somebody's front yard and buying their whole house. They could come to the city and say if that's the roadway you want you need to pay for condemnation of that house, because your -- the impacts of your amenities are this home, basically. So, that was on there because we haven't had a project where it went like that and we -- I'd probably bring that to you and say, hey, do we want to attach the sidewalk to get around this house so we don't have to go through this whole process. But I just want to be clear. Right now they aren't asking us to pay for the additional right of way, they said we will purchase the additional right of way that Meridian needs to detach the sidewalks. It really is what happens in between the curb and the sidewalk up to this point. So, I just wanted to make that clear, that we don't say, well, we don't think we should have to pay for the right of way, because they haven't -- they haven't said that thus far, so I just -- De Weerd: Again, that's interpretation and we don't know how it will be interpreted. Hood: Yes. Okay. Thank you. And I will look into how other jurisdictions in Idaho get their money and what they can spend it on and get that to you as soon as I can. Just a couple other things in my memo real quick. I promise it won't be that long. Just an announcement you probably all know now, Ten Mile Road interchange is opening soon. De Weerd: Really? Hood: The ribbon cutting will be Tuesday, May 17th, 1:00 p.m. Ten Mile Christian Church if you want to meet there beforehand there is a luncheon that the Chamber is sponsoring. You do need to RSVP. There is a cost. That's at 11:30. If you just want to come for -- or just able to come for the ribbon cutting, meet at the church and they will shuttle people to the bridge deck. So, again, you have probably all heard that, but if there is anybody that may be watching the streaming video or reading the minutes, they are also invited. And, then, Eagle Road, just real quick wanted to follow up on a letter that we got in response from Dave Jones, as we asked him to look into some safety things on Eagle Road. Mr. Jones did send a letter to the Mayor dated April 20th. ITD had agreed to do a speed study on Eagle Road this summer. I do also want to highlight in his letter he mentions a public meeting open house on June 2nd where district three will be presenting plans for raised medians in Fairview Avenue. I just this past week received a concept report for the raised medians, all 135 pages. That's about as far as I made it. I saw how big it was and that's for another time. But I do have -- do have the plans and, again, you're all invited. Tim Curns and/or myself will be there tag teaming that June 2nd meeting, but plans for the raised medians will be presented to the public. I guess they will be similar to what's in Franklin. I don't know if they are going to stamp it, color it red, but it will be real similar. And, then, also just to highlight, in previous reports that pavement rehab project from Fairview up through Eagle, State Street, was slated for 2013. They are looking to accelerate that into 2012. So, coming up here in 16 months or so to do that project. So, I just thought I would highlight that as well and -- there are some other things in the memo that I didn't touch base on this evening. I hope you have a chance to read those and you can contact me with any questions or I'll stand for any additional questions you may have. De Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: I have none. Hood: Thanks for your time. De Weerd: Again, Caleb, we appreciate you being our spokes person, the city's advocate, and we appreciate all you do. Hood: My pleasure. Thank you. Item 9: Future Meeting Topics De Weerd: Okay. Item 9, Future Meeting Topics. Council, anything for future agendas? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Did you want to discuss the requests by somebody to speak to the Council about the garden tour? And I guess it's kind of a policy question. When there are private party or third party activities going on in the city do we want people as a general rule to come and tell us about them or just put a note in our mailbox? De Weerd: No. I guess, Council, this was raised because we did have someone from the botanical garden tour that's coming up in June want to come and make a special invitation to Council, but also let you know that there has been a real shift, that there is a number of Meridian addresses and they wanted to specifically point that out and make sure that Council was aware and extend a personal invitation. So, it raised a policy point. We don't -- we really don't have these requests often at all, but Councilman Zaremba did say maybe we should have this as a discussion on how you would like to address these particular things. if it's good enough to put it on future topics and you say, hey, we'd love to hear from them or if it's a blanket statement what your preferences would be. Zaremba: I guess what we are looking for is direction to the clerk, because people ask her all the time can I get on the agenda. Holman: Madam Mayor, what we are looking for is just direction as they come in the future and this lady in particular has been waiting for about a week for a response from us as far as she's able to come before the Council. So, I don't know if we wanted to set this as a discussion at a future meeting to talk about all of these in general and whether that's what our policy will be is to allow them to be added or how we handle those. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I wouldn't -- you know, I would give them a short few minutes to explain. I have no problem with that. We used to allow people to come forward if it's something important and I think the city clerk's office definitely can tell whether it's something that's worthy of coming forward and being put out publicly or even if it's something that don't need to be, but I would have no problem with it, as long as it's short. You know, I don't want some hour presentation or something like that, but -- we used to do it all the time. I don't see anything wrong with it. I think it helps the public relation, to be truthful with you. Holman: Madam Mayor, what I would like to see is as we get these, possibly the ability to bring them to you and the Council President on Friday meetings and have you say yea or nay, whether they go on an agenda. Bird: Madam Mayor, that's what -- I think if you look that's what you -- you two set the agenda, so that's your decision. If you think it's worthwhile bring it forward. If you don't turn it down. That would be my thought. Rountree: He's about ready to pop. Nary: Madam Mayor, Members of the Council, the only thing -- to help distinguish I think both for the Mayor and the Council President and the clerk's office, you know we get a number of requests to speak before you about a subject matter that's different. I mean I think -- what I think what we are talking about is more of the general public interest type of events or activities that want to make a special trip down here, but we will keep the topic discussion as part of our future topics discussion, so that we can set it on a specific agenda, address what the specific concern is and make sure that all the research or the information is gathered before that. So, I just wanted to make sure we distinguish between the two types of requests. Bird: We don't need to be voting on anything. Rountree: That's fine with me, Madam Mayor. I trust Council President and the Mayor and the clerk to be able to make that, as long as it relates to community activities and that sort of thing, I don't know that it's necessarily an open mike situation. Zaremba: Thank you. That works for me. De Weerd: Just -- Council, I did want to let you know that it has made the news channels that former Superintendent Bob Hailey has passed away. So, certainly he has done a great deal for this community, for the school district as a whole, and he has been ill for some time, but it's certainly sad news and he will be missed. Bird. He did a lot for the student and the education in this whole Treasure Valley, not just Meridian. De Weerd: H e certain) did. He was very instrumental in starting two of our charter . y certainly he -- like I said, has had a huge imprint on this community and schools and so ce y has a very p legacy positive le that we has left. With said enter, I would entertain a motion Y to adjourn. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Asa preface to that motion I would like to point out and appreciate that Deputy Chief -- Fire Chief Silva has hung with us until the last minute of his last meeting p Y and thankry ou very much. I look forward to your retirement party, not necessarily for the y purpose of it, because I will be sorry to see you go, but we look forward to that. De Weerd: And he gave us his full attention the whole meeting. Zaremba: Yes. And thank you for hanging with us to the end and that being said, move we adjourn. Rountree: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: THREE AYES: ONE ABSENT. MEETING ADJOURNED AT 9:03 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYORA Y De WEEiD�'�° O r� 1 «r r. r� d A �r ilk 4 lf/ 01UNT i 5 iii aoll. DATE APPROVED . HOLMAN, CITY CLERK Meridian City Council Meeting DATE-:- May 10, 2011 ITEM NUMBER• 4A PROJECT NUMBER: ITEM TITLE: Proclamation for Mountain View Mavericks Day MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS IDIA C�v I f""wrIDAHO a �a o� Whereas, the City of Meridian recognizes and commends the Mountain View Mavericks High School Boys Basketball Team for having an outstanding season; and Whereas, the Mountain View Mavericks High School Boys Basketball Te g y am achieved an unsurpassed level of success during the 2011 season winning the Boys 5A State Basketball Championship; and Whereas, Mountain View's championship would not have been possible without the supreme knowledge and astute leadership of Coach Nettleton; and Whereas, the Mountain View High School Basketball Team is Brock Rule Zach Cooper, Tyson Percifield, Dylan Tanner Percifield y Williams, , Jesse Endicott, Chase Rowley, Alex Stewart, Michael Lewis, Spencer Berg, Brandon Luedtke, Randall Robinson, Max Curtis; and Whereas, the members of the Mountain View High School Basketball Team epitomize all that is good in today's student -athlete, as they have achieved a premier level of success in competition while exhibiting the highest degree of character in all aspects of life. Therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim May 10th 2011, as Mavericks Day in Meridian, Idaho, and urge all citizens to support local athletes in all skill levels. Dated this 10th day of May 2011. Tammy de Weerd, Mayor Charlie Rountree, City Council David Zaremba, City Council Keith Bird, City Council Brad Hoaglun, City Council Meridian City Council Meeting DATE: --May 10, 2011 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Approve Minutes of April 26, 2011 City Council 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: May 10, 2011 -ITEM NUMBERaN 5g PROJECT NUMBER: ITEM TITLE: Approve Minutes of May 3, 20.11 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: May 10, 2011 ITEM NUMBER• 5C PROJECT NUMBER• ITEM TITLE: Award and Approval of Construction Management Agreement with Kreizenbeck Constructors MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MlO►ILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Agent CC: Ted Baird Date: 5/5/11 Re: May 10 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the May 10 City Council Consent Agenda for Council's consideration. Approval of Award of CM A eement to Kreizenbeck Constructors as negotiated b the Legal Department and authorize the Mayor to sign the Agreement Recommended Council Action: Approval of Award of CM Agreement and Authorize the Mayor to sign the Agreement. Thank you for your consideration. • Page 1 TRANSMITTAL Date: May 4, 2011 To: Mr. Keith Watts, Purchasing Manager er City of Meridian 33 East Broadway Avenue Meridian, Idaho 83642 RE: Meridian City Hall Job No: 11-001 We are sending you: Copies Date Description 2 4/21/11 Signed AIA Document C132-2009 Standard Form of Agreement Between Owner and Construction Manager as Adviser Action: for your review and signature. Thank you. CC: KC File Signed: Dena Nelson -Hendren 251 EAST FRONT STREET, SUITE 110 ■ BOISE, ID 83702 ■ 208 336-9500 ■ FAX 208 336-7444 ICR No. RCE -764 MW 01. 'War.. Document C132TM - 2009 Standard Form of Agreement Between Owner Adviser and Construction Manager as AGREEMENT made as of the 21 day of April in the year 2011 (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) f ) City of Meridian 33 East Broadway Avenue Meridian, Idaho 83642 and the Construction Manager: (Name, legal status, address and other information) Kreizenbeck, LLC dba Kreizenbeck Constructors 251 East Front Street Suite 110 Boise, Idaho 83702 for the following Project: (Name, location and detailed description) Meridian City Hall 33 East Broadway Avenue Meridian, Idaho 83642 Completion and Repairs at Existing City Hall Facility The Architect: (Name, legal status, address and other information) ZGA Architects & Planners 565 West Myrtle Street Suite 225 Boise, Idaho 83702-7606 Telephone Number: (208) 345-8872 Fax Number: (208) 343-7162 The Owner and Construction Manager agree as follows ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Documents Al32Tm-2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition; A232TM-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition; and 13132Tm-2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition. AIA Document A232TM-2009 is adopted in this document by reference. Do not use with other general conditions unless this document is modified. Init. AIA Document C132TM — 2009 formerly 8801 TMCMa —1992). Copyright ©1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this A10 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible / under the law. This document was produced by AIA software at 14:04:08 on 04/26/2011 under Order No.1674032595 1 which expires on 01/17/2012, and is not for resale. — User Notes: (1383286886) 6- TABLE OF ARTICLES 1 INITIAL INFORMATION 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES 3 SCOPE OF CONSTRUCTION MANAGER'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. {Note the disposition for the following items by inserting the requested information or a statement nt such as not applicable, "unknown at time of execution " or "to be determined later b mutual agreement. greem ent. ) § 1.1.1 The Owner's program for the Project: (Identify documentation or state the manner in which the program will be e develo d. p) Complete the remainingwork and repairs at th p e existing City Hall Facility as requested and approved by the City. § 1.1.2 The Project's physical characteristics: (Idents or describe, if appropriate, size, location, dimensions, or otherpertinent p nt information, such as geotechnical reports; site, boundary and topographic surveys; traffic and utility studies; availability of ublic and rivate utilitiesand services; legal description of the site; etc.) f Project boundaries are within the existingMeridian ' an City Hall campus. § 1.1.3 The Owner's budget for the Cost of the Work as defined in Section 6.1. (Provide total and, if known, a line item breakdown.) Not defined at the time of execution. § 1.1.4 The Owner's anticipated design and construction schedule: .1 Design phase milestone dates, if any: Unknown at the time of execution. .2 Commencement of construction: Init. AIA Document C1327m — 2009 formerly 8801 TMCMa —1992). Copyright ®1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible Z / under the law. This document was produced by AIA software at 14:04:08 on 04/26/2011 under Order No.1674032595_1 which expires on 01/17/2012, and is not for resale. User Notes: (13832868861 ' 1 Unknown at the time of execution. .3 Substantial Completion date or milestone dates: Unknown at the time of execution. .4 Other: § 1.1.5 The Owner intends the followingprocurement p method for the Project: (Identify method such as competitive bid, negotiated Contract or multiple taple Prrme Contracts.) Competitive Bid — l Multi e Prime a Contracts § 1.1.6 The Owner's requirements for accelerated or fast-track schedulin construction are set forth below: g, m ultiple bid packages, or phased (List number and type of btdlprocurementacka es. p g ) Unknown at the time of execution. § 1.1.7 Other Project information: (Identify special characteristics or needs of the Project not provided elsewhere, such as environmentally responsibledesign or historic preservation requirements.) § 1.1.8 The Owner identifies the followingrepresentative p e in accordance with Section 5.5: (List name, address and other information. Keith Watts, Purchasing Manager City of Meridian 33 East Broadway Avenue Meridian, Idaho 83642 OR Ted Baird, Deputy City Attorney City, of Meridian 33 East Broadway Avenue Meridian, Idaho 83 642 § 1.1.9 The persons or entities, in addition to the Owner's representative, presentative, who are required to review the Construction Manager's submittals to the Owner are as follows: (List name, address and other information.) None § 1.1.10 Unless provided by the Construction Manager or Architect, chitect, the Owner will retain the following consultants and contractors: (List name, legal status, address and other in ormation. .f ) .1 Land Surveyor: *As Necessary 2 Geotechnical Engineer: *As Necessary Init. AIA Document C132Tm — 2009 formerly 8801 TmCMa —1992). Copyright ©1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected b U.S. Co 9 is p y Copyright Law and International Treaties. Unauthorized reproduction or distribution of d under the law. This document was produced by AIA softwarethis AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maxim 3 / at 14:04:08 on 04/26/2011 under Order No.1674032595 1 which expires on 01/17/2012 and is not for resale. User Notes: �,ZQZ�QaQQa� .3 Civil Engineer: *As Necessary .4 Other: (List any other consultants retained by the Owner, such as a Project or Program Manager, or construction contractor.) *As Necessary *The Owner agrees to require it's consultants to coordinate all work efforts through the Architect. The Architect shall be responsible to incorporate all of the Owner's consultants work efforts into a complete set of construction documents to be used for permitting, bidding and construction purposes. § 1.1.11 The Construction Manager identifies the following representative in accordance with Section 2.4: (List name, address and other information.) Michael J. Berard, President Kreizenbeck, LLC dba Kreizenbeck Constructors 251 East Front Street, Suite 110 Boise, Idaho 83702 § 1.1.12 The Construction Manager's staffing plan as required under Section 3.3.2 shall include: (List any specific requirements and personnel to be included in the staffing plan, if known.) As determined by the Construction Manager. § 1.1 .13 The Construction Manager's consultants retained under Basic Services, if any: .1 Cost Estimator: (List name, legal status, address and other information.) None .2 Other consultants: None § 1.1.14 The Construction Manager's consultants retained under Additional Services: As determined by the Construction Manager. § 1.1.15 Other Initial Information on which the Agreement is based: This is a professional services contract where the Construction Manager is an advisory agent to the Owner. All architecture, engineering and design will be completed by others and is specifically not included as part of this contract. All of the construction work, other than the general conditions, will be completed under a typical CM(a) and multiple prime contract procurement method. All prime contractors will be contracted directly with the Owner. The City is hiring Kreizenbeck Constructors to assist them in repairing or completing the Work at the existing Meridian City Hall Facility. The City recognizes that the existing work was completed under the design and supervision of others and understands that the Kreizenbeck Constructors is not responsible for any/all existing conditions, completed work, or uncompleted work at the existing City Hall Facility under any condition. All parties (Kreizenbeck Constructors, ZGA, and the City) agree to work together to identify the corrective action for repairs and/or completion of the work through the entire project. Many items will include investigation and discovery during all phases of the design and construction process and that unforeseen items will certainly be encountered. Init. AIA Document C1327" — 2009 formerly 8801 TmCMa —1992). Copyright ®1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 4 this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:04:08 on 04/26/2011 under Order No.1674032595_1 which expires on 01/17/2012, and is not for resale. "" ""`""' (1383286886) § 1.2 The Owner and Construction Manager may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Construction Manager shall appropriately adjust the schedules, the Construction Manager's services and the Construction Manager's compensation. ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES § 2.1 The Construction Manager shall provide the services as set forth in this Agreement. § 2.2 The Construction Manager shall perform its services consistent with the skill and care ordinarily provided by construction managers practicing in the same or similar locality under the same or similar circumstances. The Construction Manager shall perform its services as expeditiously as is consistent with such skill and care and the orderly progress of the Project. § 2.3 The Construction Manager shall provide its services in conjunction with the services of an Architect as described in AIA Document B 132TM 2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition. The Construction Manager shall not be responsible for actions taken by the Architect. § 2.4 The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 2.5 Except with the Owner's knowledge and consent, the Construction Manager shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Construction Manager's judgment with respect to this Project. § 2.6 The Construction Manager shall maintain the following insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits the Construction Manager normally maintains, the Owner shall reimburse the 'Construction Manager for any additional cost. § 2.6.1 Comprehensive General Liability with policy limits of not less than One Million Dollars and Zero Cents ($ 11000,000.00 ) for each occurrence and in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering owned and rented vehicles operated by the Construction Manager with policy limits of not less than One Million Dollars and Zero Cents ($ 1,000,000.00 ) combined single limit and aggregate for bodily injury and property damage. § 2.6.3 The Construction Manager may use umbrella or excess liability insurance to achieve the required coverage for Comprehensive General Liability and Automobile Liability, provided that such umbrella or excess insurance results in the same type of coverage as required for the individual policies. § 2.6.4 Workers' Compensation at statutory limits and Employers Liability with a policy limit of not less than Five Hundred Thousand Dollars and Zero Cents ($ 500,000.00 ). § 2.6.5 Professional Liability covering the Construction Manager's negligent acts, errors and omissions in its performance of services with policy limits of not less than One Million Dollars and Zero Cents ($ 1,000,000.00 ) per claim and in the aggregate. The Owner shall be responsible for any deductible. § 2.6.6 The Construction Manager shall provide to the Owner certificates of insurance evidencing compliance with the requirements in this Section 2.6. The certificates will show the Owner as an additional insured on the Comprehensive General Liability, Automobile Liability, umbrella or excess policies. ARTICLE 3 SCOPE OF CONSTRUCTION MANAGER'S BASIC SERVICES § 3.1 Definition The Construction Manager's Basic Services consist of those described in Sections 3.2 and 3.3 and include usual and customary construction coordination and scheduling, constructability review, cost estimating, and allocation of construction activities among the Multiple Prime Contractors. Init. AIA Document C132Tm — 2009 formerly 8801 TmCMa —1992). Copyright ®1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 5 this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:04:08 on 04/26/2011 under Order No.1674032595_1 which expires on 01/17/2012, and is not for resale. I 1^^- (1383286886) § 3.2 Preconstruction Phase § 3.2.1 The Construction Manager shall review the program furnished by the Owner and any evaluation of the Owner's program provided by the Architect, to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner and Architect. § 3.2.2 The Construction Manager shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other. § 3.2.3 The Construction Manager shall prepare, and deliver to the Owner, a written Construction Management Plan that includes, at a minimum, the following: (1) preliminary evaluations required in Section 3.2.2, (2) a Project schedule, (3) cost estimates, (4) recommendations for Project delivery method, and (5) Contractors' scopes of Work, if multiple Contractors or fast-track construction will be used. The Construction Manager shall periodically update the Construction Management Plan over the course of the Project. § 3.2.4 Based on preliminary design and other design criteria prepared by the Architect, the Construction Manager shall prepare preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume or similar conceptual estimating techniques for the Architect's review and Owner's approval. If the Architect suggests alternative materials and systems, the Construction Manager shall provide cost evaluations of those alternative materials and systems and may also provide its own suggestions. § 3.2.5 The Construction Manager shall expeditiously review design documents during their development and advise the Owner and Architect on proposed site use and improvements, selection of materials, and building systems and equipment. The Construction Manager shall also provide recommendations to the Owner and Architect on constructability, availability of materials and labor, sequencing for phased construction, time requirements for procurement, installation and construction, and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, and possible cost reductions. § 3.2.6 The Construction Manager shall prepare and periodically update the Project schedule included in the Construction Management Plan for the Architect's review and the Owner's acceptance. The Construction Manager shall obtain the Architect's approval for the portion of the Project schedule relating to the performance of the Architect's services. The Project schedule shall coordinate and integrate the Construction Manager's services, the Architect's services, other Owner consultants' services, and the Owner's responsibilities and highlight items that could affect the Project's timely completion. § 3.2.7 § 3.2.8 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall consult with the Owner and Architect and make recommendations whenever the Construction Manager determines that design details adversely affect constructability, cost or schedules. § 3.2.9 The Construction Manager shall provide recommendations and information to the Owner and Architect regarding the assignment of responsibilities for temporary Project facilities and equipment, materials and services for common use of the Contractors. The Construction Manager shall verify that such requirements and assignment of responsibilities are included in the proposed Contract Documents. § 3.2.10 The Construction Manager shall provide recommendations and information to the Owner regarding the allocation of responsibilities for safety programs among the Contractors. § 3.2.11 The Construction Manager shall provide recommendations to the Owner on the division of the Project into individual Contracts for the construction of various categories of Work, including the method to be used for selecting Contractors and awarding Contracts. If multiple Contracts are to be awarded, the Construction Manager shall review the Drawings and Specifications and make recommendations as required to provide that (1) the Work of the Contractors is coordinated, (2) all requirements for the Project are assigned to the appropriate Contract, (3) the likelihood of jurisdictional disputes is minimized, and (4) proper coordination is provided for phased construction. Init. AIA Document C13270 — 2009 Vormerly 8801 TMCMa —1992). Copyright ®1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 6 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:04:08 on 04/26/2011 under Order No.1674032595_1 which expires on 01/17/2012, and is not for resale. User Notes: (1383286886) § 3.2.12 The Construction Manager shall update the Project schedule to include the components of the Work, including phasing of construction, times of commencement and completion required of each Contractor, ordering and delivery of products, and the occupancy requirements of the Owner. § 3.2.13 The Construction Manager shall expedite and coordinate the ordering and delivery of materials. § 3.2.14 The Construction Manager shall assist the Owner in selecting, retaining and coordinating the professional services of surveyors, special consultants and testing laboratories required for the Project. § 3.2.15 The Construction Manager shall provide an analysis of the types and quantities of labor required for the Project and review the availability of appropriate categories of labor required for critical phases. The Construction Manager shall make recommendations for actions designed to minimize adverse effects of labor shortages. § 3.2.16 § 3.2.17 Following the Owner's approval of the Drawings and Specifications, the Construction Manager shall update and submit the latest estimate of the Cost of the Work and the Project schedule for the Architect's review and the Owner's approval. § 3.2.18 § 3.2.19 The Construction Manager shall develop bidders' interest in the Project and establish bidding schedules. The Construction Manager, with the assistance of the Architect, shall issue bidding documents to bidders and conduct pre-bid conferences with prospective bidders. The Construction Manager shall issue the current Project schedule with each set of bidding documents. The Construction Manager shall assist the Architect with regard to questions from bidders and with the issuance of addenda. § 3.2.20 The Construction Manager shall receive bids, prepare bid analyses and make recommendations to the Owner for the Owner's award of Contracts or rejection of bids. § 3.2.21 The Construction Manager shall assist the Owner in preparing Construction Contracts and advise the Owner on the acceptability of Subcontractors and material suppliers proposed by Multiple Prime Contractors. § 3.2.22 The Construction Manager shall assist the Owner in obtaining building permits and special permits for permanent improvements, except for permits required to be obtained directly by the various Multiple Prime Contractors. The Construction Manager shall verify that the Owner has paid applicable fees and assessments. The Construction Manager shall assist the Owner and Architect in connection with the Owner's responsibility for filing documents required for the approvals of governmental authorities having jurisdiction over the Project. § 3.3 Construction Phase Administration of the Construction Contract § 3.3.1 Subject to Section 4.3 the Construction Manager's responsibility to provide Construction Phase Services commences with the award of the initial Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.3.2 The Construction Manager shall provide a staffing plan to include one or more representatives who shall be in attendance at the Project site whenever the Work is being performed. § 3.3.3 The Construction Manager shall provide on-site administration of the Contracts for Construction in cooperation with the Architect as set forth below and in AIA Document A232Tm-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. If the Owner and Contractor modify AIA Document A232--2009, those modifications shall not affect the Construction Manager's services under this Agreement unless the Owner and the Construction Manager amend this Agreement. ..:.......... . § 3.3.4 The Construction Manager shall provide administrative, management and related services to coordinate scheduled activities and responsibilities of the Multiple Prime Contractors with each other and with those of the Construction Manager, the Owner and the Architect. The Construction Manager shall coordinate the activities of the Multiple Prime Contractors in accordance with the latest approved Project schedule and the Contract Documents. Init. AIA Document C1321— 2009 formerly 8801 TmCMa —1992). Copyright ®1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 7 this A10 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:04:08 on 04/26/2011 under Order No.1674032595_1 which expires on 01/17/2012, and is not for resale. I leap Nnfaa• (1383286886) § 3.3.5 Utilizing the construction schedules provided by the Multiple Prime Contractors, the Construction Manager shall update the Project schedule, incorporating the activities of the Owner, Architect, and Multiple Prime Contractors on the Project, including activity sequences and durations, allocation of labor and materials, processing of Shop Drawings, Product Data and Samples, and delivery and procurement of products, including those that must be ordered well in advance of construction. The Project schedule shall include the Owner's occupancy requirements showing portions of the Project having occupancy priority. The Construction Manager shall update and reissue the Project schedule as required to show current conditions. If an update indicates that the previously approved Project schedule may not be met, the Construction Manager shall recommend corrective action, if any, to the Owner and Architect. § 3.3.6 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress, coordination, and scheduling of the Work. The Construction Manager shall prepare and promptly distribute minutes to the Owner, Architect and Multiple Prime Contractors. § 3.3.7 Utilizing information from the Multiple Prime Contractors, the Construction Manager shall schedule and coordinate the sequence of construction and assignment of space in areas where the Multiple Prime Contractors are performing Work, in accordance with the Contract Documents and the latest approved Project schedule. § 3.3.8 The Construction Manager shall schedule all tests and inspections required by the Contract Documents or governmental authorities, and arrange for the delivery of test and inspection reports to the Owner and Architect. § 3.3.9 The Construction Manager shall endeavor to obtain satisfactory performance from each of the Multiple Prime Contractors. The Construction Manager shall recommend courses of action to the Owner when requirements of a Contract are not being fulfilled. § 3.3.10 The Construction Manager shall monitor and evaluate actual costs for activities in progress and estimates for uncompleted tasks and advise the Owner and Architect as to variances between actual and budgeted or estimated costs. If the Contractor is required to submit a Control Estimate, the Construction Manager shall meet with the Owner and Contractor to review the Control Estimate. The Construction Manager shall promptly notify the Contractor if there are any inconsistencies or inaccuracies in the information presented. The Construction Manager shall also report the Contractor's cost control information to the Owner. § 3.3.11 The Construction Manager shall develop cash flow reports and forecasts for the Project. § 3.3.12 The Construction Manager shall maintain accounting records on authorized Work performed under unit costs, additional Work performed on the basis of actual costs of labor and materials, and other Work requiring accounting records. § 3.3.12.1 The Construction Manager shall develop and implement procedures for the review and processing of Applications for Payment by Multiple Prime Contractors for progress and final payments. § 3.3.12.2 Not more frequently than monthly, the Construction Manager shall review and certify the amounts due the respective Contractors as follows: .1 Where there is only one Contractor responsible for performing the Work, the Construction Manager shall, within seven days after the Construction Manager receives the Contractor's Application for Payment, review the Application, certify the amount the Construction Manager determines is due the Contractor, and forward the Contractor's Application and Certificate for Payment to the Architect. .2 Where there are Multiple Prime Contractors responsible for performing different portions of the Project, the Construction Manager shall, within seven days after the Construction Manager receives each Contractor's Application for Payment: (1) review the Applications and certify the amount the Construction Manager determines is due each Contractor, (2) prepare a Summary of Contractors' Applications for Payment by summarizing information from each Contractor's Application for Payment, (3) prepare a Project Application and Certificate for Payment, (4) certify the total amount the Construction Manager determines is due all Multiple Prime Contractors collectively, and (5) forward the Summary of Contractors' Applications for Payment and Project Application and Certificate for Payment to the Architect. Init. AIA Document C132Tm — 2009 formerly B801 TmCMa —1992). Copyright ©1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 8 this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:04:08 on 04/26/2011 under Order No.1674032595_1 which expires on 01/17/2012, and is not for resale. 11 (1383286886) Qe. u.,♦ee• § 3.3.12.3 The Construction Manager's certification for payment shall constitute a representation to the Owner, based on the Construction Manager's evaluations of the Work and on the data comprising the Contractors' Applications for Payment, that, to the best of the Construction Manager's knowledge, information and belief, the Work has progressed to the point indicated and the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the 'Contract Documents prior to completion and to specific qualifications expressed by the Construction Manager. The issuance of a Certificate for Payment shall further constitute a recommendation to the Architect and Owner that the Contractor be paid the amount certified. § 3.3.12.4 The certification of an Application for Payment or a Project Application for Payment by the Construction Manager shall not be a representation that the Construction Manager has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences for the Contractor's own Work, or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment; or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.3.13 The Construction Manager shall review the safety programs developed by each of the Multiple Prime Contractors solely and exclusively for purposes of coordinating the safety programs with those of the other Contractors and for making recommendations to the Owner for any safety programs not included in the Work of the Multiple Prime Contractors. The Construction Manager's responsibilities for coordination of safety programs shall not extend to direct control over or charge of the acts or omissions of the Contractor, Multiple Prime Contractors, Subcontractors, agents or employees of the Contractors or Multiple Prime Contractors or Subcontractors, or any other persons performing portions of the Work and not directly employed by the Construction Manager. § 3.3.14 The Construction Manager shall determine in general that the Work of each Contractor is being performed in accordance with the requirements of the Contract Documents and notify the Owner, Contractor and Architect of defects and deficiencies in the Work. The Construction Manager shall have the authority to reject Work that does not conform to the Contract Documents and shall notify the Architect about the rejection. The failure of the Construction Manager to reject Work shall not constitute the acceptance of the Work. The Construction Manager shall record any rejection of Work in its daily log and include information regarding the rejected Work in its progress reports to the Architect and Owner pursuant to Section 3.3.20.1. Upon written authorization from the Owner, the Construction Manager may require and make arrangements for additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed, and the Construction Manager shall give timely notice to the Architect of when and where the tests and inspections are to be made so that the Architect may be present for such procedures. § 3.3.15 The Construction Manager shall advise and consult with the Owner and Architect during the performance of its Construction Phase Services. The Construction Manager shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Construction Manager shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work of each of the Contractors, since these are solely the Contractor's rights .and responsibilities under the Contract Documents. The Construction Manager shall not be responsible for a Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Construction Manager shall be responsible for the Construction Manager's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or Multiple Prime Contractors, Subcontractors, or their agents or employees, or any other persons or any other persons or entities performing portions of the Work. § 3.3.16 The Construction Manager shall transmit to the Architect requests for interpretations and requests for information of the meaning and intent of the Drawings and Specifications with its written recommendation, and assist in the resolution of questions that may arise. AIA Document C132Tm — 2009 formerly 8801 TmCMa —1992). Copyright m 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 9 this Ale Document, or�any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:04:08 on 04/26/2011 under Order No.1674032595_1 which expires on 01/17/2012, and is not for resale. 1 (1383286886) w § 3.3.17 The Construction Manager shall review requests for changes, assist in negotiating Contractors' proposals, submit recommendations to the Architect and Owner, and, if they are accepted, prepare Change Orders and Construction Change Directives that incorporate the Architect's modifications to the Contract Documents. § 3.3.18 The Construction Manager shall assist the Initial Decision Maker in the review, evaluation and documentation of Claims, subject to Section 4.3.1.7. § 3.3.19 Utilizing the submittal schedules provided by each Contractor, the Construction Manager shall prepare, and revise as necessary, a Project submittal schedule incorporating information from the Owner, Owner's consultants, Owner's separate contractors and vendors, governmental agencies, and all other participants in the Project under the management of the Construction Manager. The Project submittal schedule and any revisions shall be submitted to the Architect for approval. The Construction Manager shall promptly review all Shop Drawings, Product Data, Samples and other submittals from the Multiple Prime Contractors for compliance with the submittal requirements of the Contract, coordinate submittals with information contained in related documents, and transmit to the Architect those that the Construction Manager recommends for approval. The Construction Manager's actions shall be taken in accordance with the Project submittal schedule approved by the Architect, or in the absence of an approved Project submittal schedule, with such reasonable promptness as to cause no delay in the Work or in the activities of the Contractor, other Multiple Prime Contractors, the Owner, or the Architect. § 3.3.20 The Construction Manager shall keep a daily log containing a record of weather, each Contractor's Work on the site, number of workers, identification of equipment, Work accomplished, problems encountered, and other similar relevant data as the Owner may require. § 3.3.20.1 The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the Owner, the Construction Manager shall submit written progress reports to the Owner and Architect, showing percentages of completion and other information identified below: .1 Work completed for the period; .2 Project schedule status; .3 Submittal schedule and status report, including a summary of remaining and outstanding submittals; .4 Request for information, Change Order, and Construction Change Directive status reports; 5 Tests and inspection reports; .6 Status report of nonconforming and rejected Work; .7 Daily logs; .8 Summary of all Multiple Prime Contractors' Applications for Payment; .9 Cumulative total of the Cost of the Work to date including the Construction Manager's compensation and reimbursable expenses at the job site, if any; .10 Cash-flow and forecast reports; and .11 Any other items the Owner may require: § 3.3.20.2 In addition, for Projects constructed on the basis of the Cost of the Work, the Construction Manager shall include the following additional information in its progress reports: .1 Contractor's work force report; .2 Equipment utilization report; .3 Cost summary, comparing actual costs to updated cost estimates; and .4 Any other items as the Owner may require: § 3.3.21 Utilizing the documents provided by the Contractor, the Construction Manager shall maintain at the site one copy of all Contracts, Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record all changes and selections made during construction, and in addition, approved Shop Drawings, P,roduct Data, Samples and similar required submittals. The Construction Manager shall maintain records, in duplicate, of principal building layout lines, elevations of the bottom of footings, floor levels and key site elevations certified by a qualified surveyor or professional engineer. The Construction Manager shall make all such records available to the Architect and the Contractor, and upon completion of the Project, shall deliver them to the Owner. AIA Document C132Tm — 2009 formerly B801 TmCMa —1992). Copyright ®1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init.reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 10 this Me Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:04:08 on 04/26/2011 under Order No.1674032595_1 which expires on 01/17/2012, and is not for resale. I 1—(13832868 86) § 3.3.22 The Construction Manager shall arrange for the delivery, storage, protection and security of Owner - purchased materials, systems and equipment that are a part of the Project until such items are incorporated into the Work. § 3.3.23 With the Architect and the Owner's maintenance personnel, the Construction Manager shall observe the Contractor's or Multiple Prime Contractors' final testing and start-up of utilities, operational systems and equipment and observe any commissioning as the Contract Documents may require. § 3.3.24 When the Construction Manager considers each Contractor's Work or a designated portion thereof is substantially complete, the Construction Manager shall, jointly with the Contractor, prepare for the Architect a list of incomplete or unsatisfactory items and a schedule for their completion. The Construction Manager shall assist the Architect in conducting inspections to determine whether the Work or designated portion thereof is substantially complete. § 3.3.25 When the Work or designated portion thereof is substantially complete, the Construction Manager shall prepare, and the Construction Manager and Architect shall execute, a Certificate of Substantial Completion. The Construction Manager shall submit the executed Certificate to the Owner and Contractor. The Construction Manager shall coordinate the correction and completion of the Work. Following issuance of a Certificate of Substantial Completion of the Work or a designated portion thereof, the Construction Manager shall evaluate the completion of the Work of the Contractor or Multiple Prime Contractors and make recommendations to the Architect when Work is ready for final inspection. The Construction Manager shall assist the Architect in conducting final inspections. § 3.3.26 The Construction Manager shall forward to the Owner, with a copy to the Architect, the following information received from the Contractor or Multiple Prime Contractors: (1) certificates of insurance received from the Contractor or Multiple Prime Contractors; (2) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (3) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (4) any other documentation required of the Contractor under the Contract Documents, including warranties and similar submittals. § 3.3.27 The Construction Manager shall deliver all keys, manuals, record drawings and maintenance stocks to the Owner. The Construction Manager shall forward to the Architect a final Project Application for Payment and Project Certificate for Payment or final Application for Payment and final Certificate for Payment upon the Contractor's compliance with the requirements of the Contract Documents. § 3.3.28 Duties, responsibilities and limitations of authority of the Construction Manager as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Construction Manager, Architect, Contractor and Multiple Prime Contractors. Consent shall not be unreasonably withheld. § 3.3.29 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Construction Manager shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The Construction Manager shall provide the listed Additional Services only if specifically designated in the table below as the Construction Manager's responsibility, and the Owner shall compensate the Construction Manager as provided in Section 11.2. (Designate the Additional Services the Construction Manager shall provide in the second column of the table below. In the third column indicate whether the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit, identify the exhibit.) Services Responsibility Location of Service Description (Construction Manager, (Section 4.2 below or in an Owner or exhibit attached to this document Not Provided and identi ied below) 4.1.1 Measured drawings Not Provided 4.1.2 Architectural interior design Not Provided Init. AIA Document C132Tm — 2009 formerly 8801 TmCMa —1992). Copyright ®1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 11 this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:04:08 on 04/26/2011 under Order No.1674032595_1 which expires on 01/17/2012, and is not for resale. Meer Notes: (1383286886) (B252TM2007) 4.1.3 Tenant -related services Not Provided 4.1.4 Commissioning B211 TM 2007 Not Provided 4.1. 1. 5 LEEDO certification B214TM-2007) Not Provided § 4.1.6 Furniture, furnishings, and equipment design(B253TM 2007) Not Provided o ded § 4.2 Insert a description of each Additional Service designated in Section 4. 1, if not further described in an exhibit attached to this document. None § 4.3 Additional Services may be provided after execution of this Agreement, without invalidating this Agreement. Except for services required due to the fault of the Construction Manager, any Additional Services provided in accordance with this Section 4.3 shall entitle the Construction Manager to compensation pursuant to Section 11.3. § 4.3.1 Upon recognizing the need to perform the following Additional Services, the Construction Manager shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Construction Manager shall not proceed to provide the following services until the Construction Manager receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method, or bid packages in addition to those listed in Section 1.1.6; 2 Services necessitated by the enactment or revision of codes, laws or regulations or official interpretations after the date of this Agreement; .3 Preparation of documentation for alternate bid or proposal requests proposed by the Owner; .4 Preparation for, and attendance at, a public presentation, meeting or hearing; 5 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Construction Manager is party thereto; .6 Providing consultation concerning replacement of Work resulting from fire or other cause during construction and furnishing services required in connection with the replacement of such Work; .7 Assistance to the Initial Decision Maker, if other than the Architect; or .8 Service as the Initial Decision Maker. § 4.3.2 To avoid delay in the Construction Phase, the Construction Manager shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the Owner subsequently determines that all or parts of those services are not required, the Owner shall give prompt written notice to the Construction Manager, and the Owner shall have no further obligation to compensate the Construction Manager for those services: .1 Services in evaluating an extensive number of Claims submitted by a Contractor or others in connection with the Work when the Architect is serving as the Initial Decision Maker. .2 To the extent the Construction Manager's Basic Services are affected, providing Construction Phase Services 60 days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion, identified in Initial Information, whichever is earlier. .3 Services required in an emergency to coordinate the activities of a Contractor or Multiple Prime Contractors in the event of risk of personal injury or serious property damage, consistent with Section 3.3.13. § 4.3.3 If the services covered by this Agreement have not been completed within Fourteen ( 14 ) months of the date of this Agreement, through no fault of the Construction Manager, extension of the Construction Manager's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including the Owner's program, other objectives, Init. AIA Document C132Tm — 2009 formerly B801 T"CMa —1992). Copyright ©1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 12 this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:04:08 on 04/26/2011 under Order No.1674032595_1 which expires on 01/17/2012, and is not for resale. leer MMAR• (1383286886) • schedule, constraints and criteria, special equipment, systems, and site requirements. Within 15 days after receipt of a written request from the Construction Manager, the Owner shall furnish the requested information as necessary and relevant for the Construction Manager to evaluate, give notice of, or enforce any lien rights, if any. § 5.2 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1, (2) the Owner's other costs, and (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the budget for the Cost of the Work or in the Project's scope and quality. § 5.3 The Owner acknowledges that accelerated, phased or fast-track scheduling provides a benefit, but also carries with it the risk of additional costs. If the Owner selects accelerated, phased or fast-track scheduling, the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 54 The Owner shall retain an Architect to provide services, duties and responsibilities as described in AIA Document B132-2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition. The Owner shall provide the Construction Manager a copy of the executed agreement between the Owner and Architect, and any further modifications to the agreement. § 5.5 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions pertaining to documents the Construction Manager submits in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Construction Manager's services. § 5.6 Unless provided by the Construction Manager, the Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.7 Unless provided by the Construction Manager, the Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Construction Manager. Upon the Construction Manager's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than diose designated in this Agreement, or authorize the Construction Manager to furnish them as an Additional Service, when the Construction Manager requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance and other liability insurance as appropriate to the services provided. § 59 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.10 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.11 The Owner shall provide prompt written notice to the Construction Manager and Architect if the Owner becomes aware of any fault or defect in Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service or any fault or defect in the Construction Manager's services. Init. AIA Document C132Tm — 2009 formerly 8801 TmCMa —1992). Copyright ©1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 13 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:04:08 on 04/26/2011 under Order No.1674032595 1 which expires on 01/17/2012, and is not for resale. I l (1383286886) ee. UMfte• § 5.12 The Owner reserves the right to perform construction and operations related to the Project with the Owner's own forces, and to award contracts in connection with the Project which are not part of the Construction Manager's responsibilities under this Agreement. The Construction Manager shall notify the Owner if any such independent action will interfere with the Construction Manager's ability to perform the Construction Manager's responsibilities under this Agreement. When performing construction or operations related to the Project, the Owner agrees to be subject to the same obligations and to have the same rights as the Contractors. § 5.13 Except as otherwise provided in this Agreement, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor and the Construction Manager's consultants through the Construction Manager about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify the Construction Manager of any direct communications that may affect the Construction Manager's services. § 5.14 Before executing the Contract for Construction, the Owner shall coordinate the Construction Manager's duties and responsibilities set forth in the Contract for Construction with the Construction Manager's services set forth in this Agreement. The Owner shall provide the Construction Manager a copy of the executed agreements between the Owner and Contractors, including the General Conditions of the Contracts for Construction. § 5.15 The Owner shall provide the Construction Manager access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Construction Manager access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the contractors' general conditions costs, overhead and profit. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager's Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project as required under Sections 5.2 and 6.4. Evaluations of the Owner's budget, preliminary estimates for the Cost of the Work and detailed estimates of the Cost of the Work prepared by the Construction Manager represent the Construction Manager's judgment as a person or entity familiar with the construction industry It is recognized, however, that neither the Construction Manager nor the Owner has control over the cost of labor, materials or equipment, over Contractors' methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Construction Manager cannot and does not warrant or represent that bids or negotiated prices will not vary from the budget proposed, established or approved by the Owner, or from any cost estimate or evaluation prepared by the Construction Manager. § 6.3 If the Architect is providing detailed cost estimating services as an Additional Service, and a discrepancy exists between the Construction Manager's cost estimates and the Architect's cost estimates, the Architect and the Construction Manager shall work cooperatively to conform the cost estimates to one another. § 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Construction Manager, in consultation with the Architect, shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget, and the Owner ,shall cooperate with the Construction Manager and Architect in making such adjustments. § 6.5 If the estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner's budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 in consultation with the Construction Manager and Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .3 implement any other mutually acceptable alternative. AIA Document C132TM — 2009 formerly 8801 TmCMa —1992). Copyright ®1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 14 this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:04:08 on 04/26/2011 under Order No.1674032595_1 which expires on 01/17/2012, and is not for resale. I leu u^•,MQ• (1383286886) ARTICLE 7 COPYRIGHTS AND LICENSES hall not own or claim a copyright in The Construction Manager and the Construction Manager s consultants, if any, s Construction Manager, the Construction Managers consultants, if any, and the the Instruments of Service. The g transmitting party is the Owner warrant that in transmitting Instruments of Service, or any other information, the transmit such information for its copyright f h information or has permission from the copyright owner to owner osuch Construction Manager intend to transmit Instruments of Service or any other use on ..the Project. If the Owner and Constru g information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General struction Manager shall commence all claims and causes of action, whether in contract, § 8.1.1 The Owner and Con g other arising ut of or related to this Agreement in accordance with the requirements tort, or otherwise, against the g o of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, • 10 ears after the date of Substantial Completion of the Work. The Owner and but .many case.. not more than y Construction Mana • gerwaive all claims and causes of action not commenced in accordance with this Section 8.1.1. ... 8.1.2 To the extent damages are covered by property insurance, the Owner and Construction Manager waive all contractors, consultants, agents and employees of the other for damages, rights against each other and against the co � t forth in AIA Document A232-2009, except such rights as they may have to the proceeds of such insurance as se pp p as a ro riate shall General Conditions of the Contract for Construction. The Owner or the Construction Manager, • require of the contractors, consultants,g p agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Construction Managershall indemnify d hold the Owner and the Owner's officers and employees �' an ss from and a ainst damages, losses and judgments arising from claims by third parties, including reasonable harmle g attorneys fees and expenses recoverable under applicable law, but only to the extent they are caused by the Construction Manager, es and its consultants in the performance of er, its employe negligent acts or omissions of the C g p u professional services under this Agreement. The Construction Manager's duty to indemnify the Owner under this provision shall be limited to the available proceeds of insurance coverage. consequential damages for claims, § 8.1..4 The Construction Manager and Owner waive disputes or other matters in g without limitation, to all ' arising out of or relating to this _Agreement. This mutual waiver is applicable, • question g • either 's termination of this Agreement, except as specifically provide m consequential .damages due to party Section 9.7 • § 8.1,5 The City shall indemnify and save and hold harmless the Construction Manager from and for any and all losses, claims, actions • , Judgments for dams or in' to persons or property and losses and expenses and other damages, Jm`Y costs including litigation costs an y d attorney fees arising out of, resulting from, or in connection with the performance ' that not caused b or arising out of the tortuous conduct of the Construction Manager. of this agreement tha y § 8.2 Mediation related to this Agreement shall be subject to 8.2.1 An claim, dispute or other matter in question arising out of or re �' lien § y p • condition to binding dispute resolution. If such matter relates to or is the subject of a mediation as a condition precedent g p Manager may roceed in accordance with the Construction arising out of the Construction Manager's services, g y p applicable law to comply mediation or b with the lien notice or filing deadlines prior to resolution of the matter by y _ binding dispute resolution. endeavor to resolve claims, disputes and other matters in § 8.2.2The Owner and Construction Manager shall question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by • the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect Agreement. A request for mediation shall be made in writing, delivered to the other party to the on the date of the.. Agr q or entity administering the mediation. The request may be made concurrently Agreement, and filed with the person ty dispute resolution but, in such event, with the filing of a complaint or other appropriate demand for binding dis p mediation shall proceed in advance of bindingdispute resolution proceedings, which shall be stayed pending p mediation for a period of 60 days from the date of filing, unless stayed for a longer g Period by agreement of the Tm — 009 former) 8801 TmCMa —1992). Copyright ®1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights AIA Document C132 2 v 15 ' AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction extentfspossible n o Init. reserved. WARNING. This to A Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted which expires on 01/17/2012, and is this AI _ under the law. This document was produced by AIA software at 14:04:08 on 04/26/2011 under Order No.167 not for resale. (1383286886) ..--- �A-+--- • arbitration proceeding is stayed pursuant to this section, the parties may nonetheless parties or court order. If an arb p g or later proceedings. proceed to the selection of the arbitrator(s) and agree upon a schedule f p g • � filing fees equally. The mediation shall be held in the place § 8.2.3 The parties shall share the mediator's fee and any g where the Project is located, unless another location is mutuallyagreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having Jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through m pursuant ursuant to this Section 8.2, the method of binding dispute resolution shall be the following: t select a method o binding dispute ro riate box. I the owner and Construction Manager do no .f (Check the app_ .f p resolution below, or do subsequently not subse uentl agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction.) [ ] Arbitration pursuant to Section 8.3 of this Agreement I [ X ] Litigation in a court of competent jurisdiction [ ] Other: (Specify) § 8.3 Arbitration § 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration. § 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, butin no event shall it be made after the date when the institution of legal or equitable proceedings based . on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute tionspurposes,,recei t of a written demand for arbitration by the person or entity administering the of limitations p arbitration n shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. • and other agreements to arbitrate with an additional person or entity § 8.3.2 The. foregoing agreement to arbitrate � a dul consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in Y any court having jurisdiction thereof. 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 8.3.4 Consolidation or Joinder . Either at its sole discretion, may consolidate an arbitration conducted under this Agreement with any § $.3.4.1. p�Y� arbitration agreement governing the other arbitration other arbitration to which it is a party provided that (1) the ar gr consolidation 2 the arbitrations to be consolidated substantially involve common questions of law or fact, permits i imilar procedural rules and methods for selecting arbitrator(s). and (3) the arbitrations employ materially s p § 8.3.4.2 Either party, at its sole discretion, Y ma include by joinder persons or entities substantially involved in a commonq uestion of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the sought to be joined consents in writing to such joinder. Consent to arbitration involving an p party additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. AIA Document C132T' — 2009 formerly 8801 TmCMa —1992). Copyright 01973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 16 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:04:08 on 04/26/2011 under Order No.1674032595_1 which expires on 01/17/2012, and is not for resale. (1383286886) 1 lases Alnfee- § 8.3.4.3 The Owner and Construction Manager grant to any person or entity made a party to an arbitration .3 whether b joinder or consolidation, the same rights of joinder and consolidation conducted under this Section 8Y J as the Owner and Construction Manager under this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION such § 9.1 If the Owner fails to make payments to the Construction Manager in accordance with this Agreement, failure shall be considered substantial nonperformance and cause for termination or, at the Construction Manager's option, cause for suspension of performance of services under this Agreement. If the Construction Manager elects to Construction Manager days' written notice to the Owner before suspending er shall give seven suspend services, the Constr g services. In the event of a suspension of services, the Construction Manager shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Construction Manager shall be paid all sums due prior to suspension and any expenses incurred in the interruption of the Construction Manager's services. The Construction Manager's fees for the remaining services and resumption and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Construction Manager shall be compensated for services performed ion. When the Project is resumed, the Construction Manager shall be compensated or prior to notice of such suspens J uction Manager's services. The Construction P ex enses incurred in the interruption and resumption of the Constr g ' fees for the remaining services and the time schedules shall be equitably adjusted. Manager s her than the fault of the 90 cumulative days for reasons other § 9.3 If the Owner suspends the Project for more than Y Construction Manager, the Construction Manager may terminate this Agreement by giving not less than seven days' written notice. t upon not less than seven days' written notice should the other party § 9.4 Either party may.. terminate this Agreemen p p initiating ll to perform in accordance with the terms of this Agreement through no fault of the arty g fail substantially the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Construction . Manager for the Owner's convenience and without cause. f the Construction Manager, the Construction Manager shall be § 9.6 In the event of termination not the fault o com ensated for services performed prior to termination, together with Reimbursable Expenses enses then due and all p Termination Expenses as defined in Section 9.7. ' ' compensation for the Construction Manager's services and include § 9.7 Termination Expenses are in addition to expenses directly attributable to • termination for which the Construction Manager is not otherwise compensated, plus an amount for the Construction lianag' er's anticipated profit on the value of the services not performed by the _ p Construction Manager, as set forth below. Owner's convenience prior to commencement of construction, the § .9.7.1. In the. event of termination for the O p Construction Manager shall be entitled to receive payment for services performed costs incurred by reason of such termination and reasonable overhead and profit on Preconstruction services not completed during the Preconstruction Phase. Owner's convenience after commencement of construction, the § 9.7.2 In the event of termination for the • entitled to receive payment for services performed and costs incurred by reason of Construction Manager shall be p � such termination, along with reasonable overhead and profit on services not completed during the Construction Phase. ARTICLE 10 MISCELLANEOUS PROVISIONS hall be governed b the law of the place where the Project is located, except that if the § 10.1 This Agreements g Y parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. TMCMa —1992. Copyright ®1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights f AIA Document C132 — 2009 formerly 8801 ) PYr Inst. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction extendistribution stribu i n o 17 reserved.be to this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and No 1674032595e1 which expires on 01/17/2012, and is under the law. This document was produced by AIA software at 14:04:08 on 04/26/2011 under Order _ not for resale. (1383286886) ww� �A�Al•• e meaning as those in AIA Document A232-2009, General § 10.2 Terms in this Agreement shall have the same ' ns of the Contract for Construction, except for purposes of this Agreement the term "Work" shall include Conditio the work of all Contractors under the administration of the Construction Manager. ' themselves, their 10.3 The Owner and Construction Manager, respectively, bind the agents, successors, assigns and § legal representatives to this Agreement. Neither the Owner nor the Construction Manager shall assign this other, that the Owner Agreement without the written consent of the� except r may assign this Agreement to a lender t p Br's rights and obligations under this • cin for the Project if the lender agrees to assume the Own gh g providing financing J Agreement. § 10.4 If the Owner requests the Construction Manager to execute certificates, the proposed language of such t 14 days prior to the requested dates of certificates shall be submitted to the Construction Manager for review at leas Y p ' ' the Construction Manager to execute consents reasonably required to facilitate execution. If the Owner requests assignment to a lender, the Constructiong Manager shall execute all such consents that are consistent with this Agreement, .provided the proposed consent is submitted to the Construction Manager for review at least 14 days • Manager shall not be required to execute certificates or consents that would prior to .,execution. The Construction g require knowledge, services or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Construction Manager. • the Construction Manager shall have no responsibility for the § 10.6 Unless otherwise required in this Agreement, discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. • t to includephotographic or artistic representations of the design § 10.7 The Construction Manager shall have the right of the Project among the Construction Manager's promotional and professional materials. The Construction i en reasonable access to the completed Project to make such representations. However, the Manager .shall begv Construction Manager's materials shall not include the Owner's confidential or proprietary information if the Owner has previously_ advised the Construction Manager in writing of the specific information considered by the Owner to be confidential. or proprietary. The Owner shall provide professional credit for the Construction Manager in the Owner's promotional materials for the Project. Owner receives information specifically § 10.8 If the Construction Manager or O designated by the other party as information strictly confidential and "confidential" or "business proprietary, the receiving party shall keep such Y p P shall not disclose it to any except other t to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. . ARTICLE 11 COMPENSATION the § 11.1 For the Construction Manager's Basic Services described under Article 3, the Owner shall compensate Construction Manager as follows: 11.1.1 For Preconstruction Phase Services in Section 3.2: (Insert amount o or, compensation, including stipulated sums, multiples or percentages.) f, or basis.f 6% of the Cost of the Work - See Exhibit A, Attached § 11.1.2 For Construction Phase Services in Section 3.3: o or, compensation, including stipulated sums, multiples or percentages.) (Insert amount f or basis.f 6% o of the Cost of the Work - See Exhibit A, Attached § 11.2 For Additional Services designated nated in Section 4. 1, the Owner shall compensate the Construction Manager as follows: f compensation. (Insert amount of, or or basis If necessary, list specific services to which particular methods of compensation apply.) AIA Document C132TM — 2009 VorTnerly 8801 TMCMa —1992). Copyright ®1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 18 reserved. this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to thee are on 01/17/2012, and is imum extent possible under the law. This document was produced by AIA software at 14:04:08 on 04/26/2011 under Order No.1674032595_1 which not for resale. (1383286886) 1 1•.w- \Ia%Iws. Not Provided 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate the Construction Manager as follows: (Insert amount of, or basis for, compensation.) Complete Cost of Services plus a fee of 6% Note: Any labor provided by Kreizenbeck Constructors' direct personnel shall be billed at the rates included in Exhibit A, Attached. § 11.4 Compensation for Additional Services of the Construction Manager's consultants when not included in Sections 11.2 or 11.3, shall be the amount invoiced to the Construction Manager plus percent( %), or as otherwise stated below: Complete Cost of Services plus a fee of 6% Note: Any labor provided by Kreizenbeck Constructors' direct personnel shall be billed at the rates included in Exhibit A Attached. § 11.5 The hourly billing rates for services of the Construction Manager and the Construction Manager's consultants, if any, are set forth below. The rates shall be adjusted in accordance with the Construction Manager's and Construction Manager's consultants' normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) Exhibit A. Attached Employee or Category Rate ($0.00) § 11.6 Compensation for Reimbursable Expenses § 11.6.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Construction Manager and the Construction Manager's consultants directly related to the Project, as follows: 1 Transportation and authorized out-of-town travel and subsistence; 2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Professional photography, and presentation materials requested by the Owner; .8 Construction Manager's consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Construction Manager's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .11 Other similar Project -related expenditures; .12 See Exhibit A. Attached. § 11.6.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Construction Manager and the Construction Manager's consultants plus Zero percent ( 0.00 %) of the expenses incurred. § 11.7 Payments to the Construction Manager § 11.7.1 An initial payment of Zero Dollars and Zero Cents ($ 0.00 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. Init. . AIA Document C132T"" — 2009 formerly 8801 TmCMa —1992). Copyright ®1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights t reserved WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 19 this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:04:08 on 04/26/2011 under Order No.1674032595_1 which expires on 01/17/2012, and is not for resale. User Notes -_ (1383286886) s § 11.7.2 Unless otherwise a • greed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Construction Manager's invoice. Amounts unpaidTbirty bear interest at the rate entered below, 30) days after the invoice date shall be or in the absence thereof at the legal rate revailin from time to time at the principal place of business of the Construction Manager. er. p g (Insert rate of monthly or annual interest agreed upon.) Prime Rate plus 3% or 7% whichever is greater % per annum the Construction Manager's co § 1.1.7.3 The Owner shall not withhold amounts from compensation to impose a penalty or liquidated a uidated damages on the Construction Manager, or to offset sums requested by or paid to Contractors for the p cost of changes m the Work unless the Construction Manager agrees or has been found liable for the amounts in a binding dispute resolution proceeding. pertaining to Additional Services, and services performed on § I V.4 Records of Reimbursable Expenses, expenses p g the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This gr p Agreement represents the entire and integrated agreement between the Owner and the Construction supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement Manager and super p g may be amended only by written instrument signed by both Owner and Construction Manager. § 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document C 132Tm009, Standard Form Agreement Between Owner and Construction 2 Manager as Adviser .2 AIA Document E201TM 2007, Digital Data Protocol Exhibit, if completed, or the following: I None .3 AIA Document E202TM-2008- , BuildingInformation Modeling Protocol Exhibit, if completed, or the following: None .4 Other documents: the Agreement.) (List other documents, if any, including additional scopes of service forming part of gr• Exhibit A, Attached This Agreement is entered into as of the day and year first written above. 0 ER (Si at e) CONSTRUCTIO ANAGER (Signature) Tde Weerd, Mayor Michael J. Berard,Manager ammy Y (Printed name and title) (Printed name and title) AIA Document C132Tm — 2009 formerly 8801 TM'CMa —1992). Copyright ©1973, 19801 1992 and 2009 by The American Institute of Architects. All rights Init. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 2C reserved. this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:04:08 on 04/26/2011 under Order No.1674032595_1 which expires on 01/17/2012, and is not for resale. (1383286886) 1 1--- LI..6..d.. EXHIBIT A Construction Manager's Fee The Construction Manager's fee will be Six Percent (6%) of all construction costs that are associated with this project. Reimbursable Expenses (General Conditions) The costs to be covered under the reimbursable expenses are all costs either incurred at the job site or created specifically by the job. Typically they include but are not limited to the follow: Senior Project Manager Project Engineer Superintendent Carpenter Temporary Electricity Temporary Power Temporary Water Temporary Lighting Temporary Phone / Fax Temporary Walls / Dust Partitions Chemical Toilets Safety Janitorial Final Dumpsters Security Small Tools Liability Insurance Printing Costs Per Diem / Housing Storage Trailers Office Supplies Field Surveying Printing Costs Winter Heat Temporary Fencing Continuous Clean-up Construction Photographs Postage / Express Project Identification Legal Fees Bond Travel Expenses All reimbursable costs will be charged at actual invoice cost and all labor rates will be charged as per the following rate schedule: Rate Schedule Position / Category Amount / Hour Senior Project Manager $125.00 Project Engineer $88.00 Superintendent $74.00 Carpenter $58.00 _ www.kreizenbeck.com _ 251 EAST FRONT STREET, SUITE 110 ■ BOISE, IDAHO 83702 ■ 208.336.9500 208.336.7444 ICR No. RCE -764 Meridian City Council Meeting DATE: May 10, 2011 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: Award and Approval of Bid 11- PW- 1-10 1 726 for Waterline Replacement to McMaster Construction &Development, Inc. in the Not -to -Exceed Amount of $167,520.70 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS City of Meridian Purchasing Dept. Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Agent CC: Clint Dolsby Date: 5/5/11 Re: May 10 City Council Meeting Agenda Item The Purchasing Department artment respectfully requests that the following item be placed on the May 10 City Council Consent Agenda for Council's consideration. A roval of Award of Bid for "Waterline Replacement — Carlton State PH 2 - Construction" to McMaster Construction & Development, -Inc. and authorize the Mayor to sic n the 6greement in the amount of $167,520.70. Acceptable bonds and insurance are on file in the Purchasing Department. This award is the result of Formal IFB #PW -11-10172B issued April 4t�' and opened April 20t'. Nine bids were received. Recommended Council Action: Approval of Award of Bid and Authorize the Mayor to sign the Agreement for the Not -To -Exceed amount of the Low Bid of Y g $167,520.70. Thank you for your consideration. 0 Page 1 E IDIAN�- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Brent Blake Engineering Technician II DATE: 4/25/2011 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES WITH MCMASTERS CONSTRUCTION FOR E. STATE AVENUE WATER LINE REPLACEMENT CONSTRUCTION FOR A NOT -TO -EXCEED AMOUNT OF $1679520.70 (NEXT AVAILABLE CONSENT AGENDA) I. RECOMMENDED ACTION A. Move to: 1. Approve the Agreement with McMasters Construction for E. State Ave. Water Line Replacement Construction for a not to exceed amount of $167,520.70; 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Brent Blake, Engineering Technician II (Project Manager) 489-0340 Kyle Radek, Asst. City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 III. DESCRIPTION A. Back round During Fiscal Year 2010 the Public Works Department budgeted for the replacement of deficient and aging water and sewer lines throughout the City. A replacement priority schedule was completed based on three factors; pipe size, pipe material, and pipe age. Through research of record drawings and performing subsurface investigations, the main line pipes within this project area were found to be made of 4 -inch diameter cast iron that was installed between the years 1940 and 1960. Based on the evaluation referenced above, this project is considered one of the highest priority water line replacement projects within the city of Meridian. Page I of 2 IV. B. Proposed Project ThisreJ ro'ect entails lacing approximately 1500 linear feet of 4 -inch diameter CI water p p main with 8 -inch diameter polyvinylchloride (PVC) water main between E. 2nd Street and N. Cy g Cathy Lane along E. State Avenue. This project will also entail the installation of three new fire hydrants and the replacement of thirty-four existing water services. The majorityof the work related to this project will be performed within the existing wa right -of . However, the work will also include the replacement and reconnection of g y service lines which will be performed on private property. IMPACT A. Strategic Impact: Thisp roject meets our mission requirements to indentify and prioritize work in order to anticipate, plan and provide public services and facilities that support the needs of our growing rowin community, and to ensure modern reliable facilities while maintaining financial stewardship. This project is also related to Down Town Urban Renewal in that upon completion the City of Meridian will be able to provide water to new developments along E. State Avenue with higher quality and quantity than exists today. B. Service/Delivery Impact: The replacement of the substandard pipes in this project will significantly impact customer service and overall delivery in the following ways; it will reduce the risk of costly pipe breaks, ensure that dependable service is provided to current and future customers, increase fire protection capacity, and extend the life of City infrastructure. C. Fiscal Impacts: Budgeted Amount (3490-95000) $757,297.00 Current Obligations (3490-95000) $5775274.00 Balance Available for Construction (3490-95000) $1809023.00 Proposed Construction Cost (3490-95000) $167,520.70 Projected Remaining Amount $125502.30 V. LIST OF ATTACHMENTS A. Agreement for Indepen ent Contra or Services. Approved for Council Agenda: It r Warren Stewart ADate Page 2 of 2 0 F- a. z 0 E Z CN w Q Q M M co c co W 0 a0 co Q 0 0 C N N LLCO W ld Q w w Q O Z w 3 M N LL CL U z W o w F- (/) w 0 o c� z �w Cf) > U C N Q AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES Water Line Replacement - Carlton/State Phase 2 (Construction) Project No. 101728 THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this +4"" day of May, 2011, and entere • d into by and between the Cit of Meridian a ' Y municipal corporation organized under the laws of the ' "CITY", a State of Idaho, hereinafter referred to as CITY , 33 East BroadwayAvenue, e, Meridian, Idaho 83642, and McMaster Construction and Develo ment Inc ' « p _, hereinafter referred to as "CONTRACTOR", whose business address is _ P O Box 1341_, -Eagle, ID 83616 and whose Public Works Contractor License # is C-04466-2-2. INTRODUCTION Whereas, the City has a need for services involving Water Line Replacements - Carlton/State Phase 2 Construction • 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 ree as follows: TERMS AND CONDITIONS 1. 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 . y ce to proceed, all services and work, and comp) in all respects, asspecified ' . Y p in the document titled Scope of Work a co of which is attached „ ,� copy ched hereto as Attachment A and incorporated herein by this reference together with any amendments that may be agreed to in writing Y b the parties. 1.2 All documents, drawings and written workroduct prepared p p p or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; ' . p p Y ,provided, however, the City shall have the right to reproduce, publish and p , p use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If an such work is Y copyrightable, the Contractor may copyright the same, except that as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, u p , p bush and use such work, or any part thereof, and to authorize others to do so. Water Line Replacement Carlton/State Phase 2 Construction Project 10172B page 1 of 13 1.3 The Contractor shallrovide services • p es and work under this Agreement consistent with the requirements • . q ments and standards established b applicable federal, state and cit laws y . y ,ordinances, regulations and resolutions. The Contractor represents and • . p warrants that it will I perform its work in accordance with generally accepted p d industry standards and practices for the profession or professions thatr are used in performance of this Agreement eement and that are in effect at the time oferfo Agreement. Except p rmance of this A g ept for that representation and any representations p esentations made or contained in any proposal submitted by the Contractor and an re or opinions prepared or Y ports p p issued as part of the work performed b th Contractor under p Y e this Agreement, Contractor makes no other either express or implied, warranties, p ped, as part of this Agreement. 1.4 y Contractor Services and work provided b the C • at the City's request under this Agreement will beerformed in a timely mely manner �' n accordance with a Schedule of Work, which thearties hereto eto 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 • . p 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 $167,520.70. 2.2 The Contractor shall provide the Cit with City a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the Cit will a w" • . Y pay within 30 days of receipt of a correct invoke and approval by the City. The Cit will . Y y 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, . g ent, Contractor shall not be entitled to receive from the Cit an additional ' . Y Y consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited d to, meals, lodging, transportation, drawings, renderings or mo ' g g ckups. Specifically, Contractor shall not be entitled b virtue of this Agreement . Y g eement to consideration in the form of overtime, health insurance benefits, enef its, retirement benefits, paid holidays or other aid leaves of ab typeabsence or kind whatsoever. Water Line Replacement Carlton/State Phase 2 Construction Project 10172B page 2 of 13 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work (b) September 30, 2011 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pa Contractor Y all or any part of the compensation set forth in Attachment B of this Agreement g Bement on the date due, Contractor, at the Contractor's option, • if .p n, may terminate this Agreement the failure �s not remedied b the Cit Y y 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 of insolvency of either party; b) Sale of Contractor's business; or c) Death of Contractor 3.5 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DA_ Upon receipt of Notice to Proceed, the Contractor shall have 120 (one hundred twenty) calendar days to complete the entire project as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. 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 gations under this Agreement, violates any of the covenants agreements, g ements, 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 g ent is in the best interest of CITY, the CITY shall thereupon have the right to terminate erminate 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. CONTRACT • OR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. TY. Water Line Replacement Carlton/State Phase 2 Construction Project 10172B page 3 of 13 In the event of any termination of this Agreement, i ' all finished or p unfinished documents, data, and reports prepared epared by CONTRACTOR under this Agreement shall, at the option of the ' p CITY, become its property, and CONTRACTOR shall be entitled to receive dust and equitable compensation for any work satisfactorily complete hereunder. 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained b the g y 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 om CONTRACTOR is determined. This provision shall survive the termination nation 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 OR 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 Contractor has no authority or responsibility to exercise an . y y rights or power vested in the City and therefore has no authorityto bind or incur any obligation on behalf of the City. The selection and designation g n 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 uct themselves as independent contractors and not as . employees of the Cit y 5.3 Contractor shall determine the method, details and means sof performing the work and services to be rovided b Contractor p y under this Agreement. Contractor shall be responsible to Cit only for th City y e requirements and results specified in this Agreement and, except as expressly p p y provided in this Agreement, shall not be subjected to City's 's con � y control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this . p Agreement any third persons are employed by Contractor, such persons shall . p be entirely and exclusively under the direction and supervision and control p of the Contractor. 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnifyand save and hold harmless mless 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 cost's including litigation costs and attorney's fees arising out of, resulting ng from, Water Line Replacement Carlton/State Phase 2 Construction Project 10172B page 4 of 13 or in connection with theerformance of p this Agreement by the CONTRACTOR, its servants agents, ' . g ,officers, employees, guests, and business invitees, and not caused b or arising • y arising out of the tortuous conduct of CITY or its employees. CONTRACT • OR shall maintain ands ecificall a rees that it will maintain throu hout the term of this A reement liabilit insurance in which the CITY shall be named an additional insured in the minimum amounts as follow: General LiabilityMillion One Million Dollars ($1,000,000) per incident or occurrence • • ,Automobile Liability Insurance One Million Dollars ($1,000,000 per incident ent or occurrence and Workers ma Compensation Insurance, in the statutorylimits ts 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 i for an amount n excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify emnify and save and hold harmless CITY from and for all such losses claims,judgmentsfor actions, or damages or injury to persons or property and o • .. p , p y other costs, including litigation costs and attorneys' fees arising out • Y g of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractors officers, employs, agents, representatives Y g p entatives or subcontractors and resulting in or attributable to personal injury, de . • p ) ry, ath, or damage or destruction to tangible or intangibleproperty, g including use of. CONTRACTOR shall provide CITY with a Certif' • Certificate of Insurance, or other proof of insurance evidencing CONTRACT • • g OR S compliance with the requirements -of this paragraph and file suchroof of insurance e with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. g t. In the event the insurance minimums are changed, CONTRACTOR shall immediate) roof of compliance y submit p p ce with the changed limits. Evidence of all insurance shall be submitted to the Cit Purchasing ' . Y g 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 b the City. • p y y At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shallr p Ovide a bond, cash or letter of credit guaranteeingpayment of losses p Y and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnityin this contract, ,Contractor s Insurance coverage shall be prima insurance regarding' .. rY the City's elected officers, officials, employees and volunteers. Y Any insurance or Y or self-insurance maintained by the Cit the City's elected dofficers, 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. Water Line Replacement Carlton/State Phase 2 Construction Project 10172B page 5 of 13 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except cept with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors • • • g tors shall be subject to all of the insurance and indemnity requirements Y q stated herein. 6.6 The limits of insurance described herein• • shall not limit the liability of the Contractor and Contractor's a ents representatives, ves, employees orsubcontractors. 7. Bonds: Payment and Performance Bon • Bonds are required on all Public Works Improvement Projects. 8. Notices: Any and all notices required to • • q 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 McMaster Construction and Development, Inc Attn: Jake Cook P O Box 1341 Eagle, ID 83616 208-941-5709 eric@mcmasterconst.com Idaho Public Works License #: C-004466 Either party may change their address for the purpose .. p pose of this paragraph by giving written notice of such in change to the other ' • g the manner herein provided. 9. Attorney Fees: Should an litigation be commenced Y g between the parties hereto concerning this Agreement, the prevailing • .. p g party shall be entitled, in addition to any other relief as may be ranted to court Y g rt costs and reasonable attorneys' fees as determined b Court of Y a com pete nt jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive an default,'termination • . y ermination or forfeiture of this Agreement. 10. Time is of the Essence: The parties her . p hereto acknowledge and agree that time is strictly of the essence with respect to each and p every term, condition and provision hereof, and that the failure to timely perform any Water Line Replacement Carlton/State Phase 2 Construction Project 10172B page 6 of 13 of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the 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 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, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 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: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. Water Line Replacement Carlton/State Phase 2 Construction page 7 of 13 Project 101726 17. Changes: The CITY may, from time to time, request changes in the Scope o f Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTORS 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 an of other art of this Agreement so long as the remainder v p of the Agreement is reasonably capable of completion. 19. 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 an other or subsequent breach, and shall not be construed to Y be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing g 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 all 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. Water Line Replacement Carlton/State Phase 2 Construction page 8 of 13 Project 10172B CITY OF MERIDIAN Dat MCMASTER CONSTRUCTION AND DEVELOPMENT, INC BY• Jake Cook Dated: Sf Approved by Council: IIil�!/l�r,r! // Attest: ,�� �v o JAYCEIU. HOLMAN, CITY CLERK Approved as to Content BY: KEITH TTS, PURCHASING MANAGER Dated: � " 41 — /1 Approved as to Form CITY ATTORNEY � TITLE: kAlc, ACJ Dated: 161-311 1 / / r I Water Line Replacement Carlton/State Phase 2 Construction page 9 of 13 Project 101726 Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW -1 1-1 01728 ALL ADDENDUMS9 ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -11-1 01 728, are by this reference made a part hereof. Water Line Replacement Carlton/State Phase 2 Construction page 10 of 13 Project 10172B Attachment B MILESTONE /PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $167,520.70. Y _ '.: • for the Contract includes furnishing all labor, materials equipment, and incidentals as required WATER LINE REPLACEMENTS, C ARLTON/STATE PHASE 2 CONSTRUCTION per IFB PW - 11 -10172b Total Bid Schedule ...................$167,520.70 CONTRACT TOTAL ....................... $167.520.70 ITEM PRICING BELOW WILL BE USED FOR CHANGE ORDER PRICING ONLY. REFERENCE ITEM DESCRIPTION UNIT UNIT PRICE 304.4.1.A.1 Trench Foundation Stabilization CY $13.80 306.4.1.D.1 Imported Trench Backfill Miscellaneous Surface Restoration (Sod) Miscellaneous Surface Restoration (Gravel Driveway) CY SY $11.60 $9.90 307.4.1.A.3 307.4.1. E.1 SY $2.40 307.4.1.F.1 Water Main - Type "P-1" Surface Restoration LF $12.90 307.4.1. F. 5 Water Service - Type "P-1 " Surface Restoration Type "P-1 " Surface Restoration (Asphalt Driveway) LF $9.30 307.4.1. G.1 SY $17.70 401.4.1. A.1 Water Main Pipe - 8" PVC (C900 DR -18) Water Main Fitting - 8" x 8" Cross LF $23.50 401.4.1. B.1 EA $574.00 401.4.1.B.1 Water Main Fitting - 8" x 4" Reducer EA $358.00 401.4.1.13.1 Water Main Fitting - 8" x 6" Reducer EA $358.00 Water Line Replacement Carlton/State Phase 2 Construction page 11 of 13 Project 10172B 401.4. 1. B.1 Water Main Fitting - 8" x 8" x 8" Tee EA $399.00 401.4.1.B.1 Water Main Fitting - 8" - 90° Bend EA $295.00 401.4.1. B.1 Water Main Fitting - 6" Blind Flange 8" Gate Valve EA $92.70 402.4.1.A.1 EA $1,170.00 403.4.1. A.1 Fire Hydrant Assembly (Incl. Tee, Gate Valve, 6" PVC Pipe) EA $3, 930.00 404.4.1.A.1 Water Service Connection - Single 1 " Water Service Pipe EA $689.00 404.4.1. B.1 LF $9.70 404.4.1.C.1 1" Water Service Pipe - Private LF $8.40 405.4.1.A.1 Non -potable Water Line Crossing - Water Main EA $1,430.00 405.4.1.A.1 Non -potable Water Line Crossing - Water Service EA $185.00 602.4.1.0.1 Irrigation Ditch Repair - 6" Wide x 6" Deep x 5' Long EA $100.20 706.4.1.A.1 3" Concrete Rolled Curb and Gutter LF $44.00 706.4.1.A.3 6" Concrete Vertical Curb and No Gutter LF $24.20 706.4.1.A.5 6" Concrete Vertical Curb and Gutter Concrete Sidewalk Concrete Driveway LF $26.40 706.4.1.E.1 SY $31.90 706.4.1. F.1 SY $173.00 1103.4.1.A.1 Construction Traffic Control LS $4,930.00 2010.4.1. A.1 Mobilization LS $5,910-00 SP -2125.4.1.A.1 ACHD Permit and Licenses LS $698.00 SP -2130.4.1.A.1 Connect to Existing Water Main Remove and Return to City - Fire Hydrant EA $484.00 SP -2142.4.1.A.1 EA $288.00 SP -2142.4.1.A.1 Remove and Return to City - Water Meter EA $96.90 Water Line Replacement Carlton/State Phase 2 Construction page 12 of 13 Project 10172B SP -2165.4.1.A.1 1 Abandon Existing Water Line EA $340.00 SP -2216.4.1.A.1 1 Storm Water Manaeement LS 1 $484.00 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy, Water Line Replacement Carlton/State Phase 2 Construction page 13 of 13 Project 101726 Meridian City Council Meeting DATE: May 10, 2011 ITEM NUMBER: 5E PROJECT NUMBER: ITEM TITLE: Sanitary Sewer and Water Main Easement Agreement with Robert and Nedra Carpenter MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS �E IDIA Publi*c IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Brent A. Blake, Engineering Technician II DATE: May 2, 2011 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: SANITARY SEWER AND WATER MAIN EASEMENT AGREEMENT WITH ROBERT AND NEDRA CARPENTER. (NEXT AVAILABLE CONSENT AGENDA) I. RECOMMENDED ACTION A. Move to: 1. Approve the Sanitary Sewer and Water Easement Agreement with Robert and Nedra Carpenter. 2. Authorize the Mayor to sign the easement. II. DEPARTMENT CONTACT PERSONS Brent A. Blake, Engineering Technician II (Project Manager) 489-0347 Kyle Radek, Assistant City Engineer 489-0343 Warren Stewart, Engineering Manager 489-0350 III. DESCRIPTION A. Background The Public Works Department constructed sewer and water mains associated with the Victory/Eagle Intersection Project during fiscal years 2010 and 2011. A portion of the new water and sewer mains were mistakenly constructed outside the right of way and ultimately ended up on private property. The land owner of the property does not mind that the sewer and water stubs are located on their property and cooperatively signed the attached easement agreement. B. Proposed Project The proposed easement will allow Public Works Staff to access the area for maintenance or repairs. Page I of 2 IV. IMPACT A. Fiscal Impact: Total Costs V. LIST OF ATTACHMENTS A. Permanent Easement Contract B. Sanitary Sewer and Water Easemen greement C. Sewer and Water Ease ent Desc ptn Approved for Council Agenda: Page 2 of 2 $0.00 AYA YYYI111 nL4YflYG1 YIIf1iNp10f Y. nitn nmvuni .uu BOISE IDAHO 08J11111 11:08 AM DEPUTY Ylcid Allen 'll('IIIII'II�IIII�II�IIIII�II"II'll RECORDED -REQUEST OF 111038938 Meridian City SANITARY SEWER AND WAITER MAIN- EASEMENT THIS INDENTURE, made thi � lay of � 20 � � between ��' �0e_(AY0L_ the parties of the first part, and hereinafter c led the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary /0100� sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the ' purposes stated herein. Sanitary Sewer and Water Main Easement Sewer and Water Easement THE GRANTORS hereby covenant and agree with the Grantee that should ould any part of the right-of-way and easement hereby granted shall becomeart of or lie within p thin the boundaries of any public street, then, to such extent, such right-of-way d g y aneasement hereby granted which lies within such boundary thereof or which is a art thereof, shall e . p case and become null and void and of no further effect and shall be completely relinquished. p y q ed. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that the have a y good and lawful right to convey said easement, and that the will warrant and forever ' Y defend the title and quiet possession thereof against the lawful claims of allersons whomsoever. r. IN WITNESS WHEREOF, the said parties of the first art have hereunto subscribed . p bed their signatures the day and year first herein above written. GRANTOR: P A kA - Robert and Nedra C enter STATE OF IDAHO ss County of Ada ) cel br ' On this day o , 201 fore e, the u�de s' e , a� Public in and for said State,krsonally appeared d proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is (are) subscribed to the within instrument, and acknowledged that he (she) (they) executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. 494-.--NOTARYPU IWICk FOR II��HO TAMARA McCARTHY Residing at: J,(.� NOTARY PUBLIC Commission Expires: 43 STATE OF IDAHO Sanitary Sewer and Water Main Easement Sewer and Water Easement GRANTEE: CITY OF MERIDIAN Tammy de e d Mayor AV V r � ► '(4 M •w.. .�' *j ... N Attest bPaycee L. Holman, Ci :- Approved By City Council On: I VT (U�� -IT ��• It too I 1 11 STATE OF IDAHO, ) . ss. County of Ada ) On this r"' day of VJ4, 2011, before me, the undersi ed a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed m official seal the da and year first above written. y Y .• 1V • (SEALF,��' T A 0 '� .tf� • 40 r of • ..44866. Sanitary Sewer and Water Main Easement Easement NqrARY PUBL F IDAHO Residing at:�_ Commission Expires: `1 ccv� zj/� d ry y Sewer and Water Ada County Highway District Project No. 303014 IN277 Victory Road and Eagle Road Intersection Permanent Easement Description • City of Meridian, Idaho • An easement for domestic water and sanitary sewer u j . ry purposes located in the SW / of the SW / of Section 21, Township 3 North, Range 1 East, st, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southwester) Y4 from which a 5/8 inch diameter ironin marking ng the northwesterly corner of the SSV Y4 of said Section 21 bears N 0000'26" W a distance• of 2700.12 feet, Thence N 0°00'26" W along the westerly bound of said SW % of � . �'Y the SW / a distance of 339.31 feet to a point; Thence leaving said westerly boundary N 89°59'34" E a distance of 48.00 feet to the POINT OF BEGINNING; Thence continuing N 891059134" E a distance of 13.00 feet to apoint; Thence N 0°00'26" W a distance of 32.00 feet to apoint; Thence S 89°59'34" W a distance of 13.00 feet to apoint; Thence S 0000'26'' E a distance of 32.00 feet to the POINT OF BEGINNING. This parcel contains 416 square feet (0.001 acres) and is sub • ect to an other ti � Y eas em cuts existing ng or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated April 19, 2011 3 « *l, 9f* 69 S Meridian City Council Meeting DATE: May 10, 2011 ITEM NUMBER: 5F PROJECT NUMBER: ITEM TITLE: Approval of 2011-2012 Beer and Wine License Renewal for Fuddruckers, Located at 3421 N. Eagle Rd. MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Beer, Wine & Liquor License Renewals for 2011-2012 Appr0va.1 by City. Counci.1 on so -W Mav 10th, 2.011 DBA LOCATION B/W/L Fuddruckers 3421 N. Eagle Rd. Rest B/W Meridian City Council Meeting DATE: May 1 0, 2011 ITEM NUMBER -8 6A PROJECT NUMBER: ITEM TITLE: Meridian Development Corporation: Presentation and Update Regarding the Boise Online Mall and Desire to Feature a Meridian Page MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS fy}4}�$C{ l { { ,�{�•,{{S{t,^,�t}::{{$ } { +w `?�.; i{}Tv,'`}-' ,}`.t;j}}i•� {�5j; h� �Cfl t.,4 {� � S�'$.- �yxy,Li}}::�}: �:�'}{ l $u. '�M'MS}5���'�} �s•}% �'�"St��Q. i { 5 { ay' f, i t � {4^C�{? q 2•' y, 1 i+}T^. {� ki$<. "?�;{ ''t 'ta` }•k <} >'S. � }T♦ S �� ) t k j/ Z�,J', � > �i +i,� >,�C�F'F^C"i f.`. {{ \tom+ >t �.. {{ }.`}Y S> u.�}�a ♦� F 'fi'} } {y"S . }•rt r-.vxFc{`? t`Q<���}"�"'itlJ',•�;�}'�}vv2'�i<3s�� ''*?�� 3y3Ct .. ... {5�'+�' { � Y4�1 i � A Sa\`eta♦ <. 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':. } tw .2 Rm irx R, J. . tm L WEro Meridian City Council Meeting DATE: May 10, 2011 ITEM NUMBER: 8A PROJECT NUMBER: ITEM TITLE: Fire Department: Deputy Chief Joe Silva's Final Address to Council as Fire Marshall MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 10, 2011 ITEM NUMBER: $B PROJECT NUMBER:_ ITEM TITLE: Police Department: Officer Recognition MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Page 1 of 2 Jaycee Holman From: Robert Simison Sent: Thursday, May 05, 2011 2:59 PM To: Jaycee Holman Subject: FW: Officers Save DUI Suspect From: Tracy Basterrechea Sent: Thursday, May 05, 20118:00 AM To: Andrea Dearden (adearden@adaweb. net); apboise@ap.org; Cynthia Sewell (csewell@idahostatesman.com); Idaho Press Tribune (newsroom@ ida ho press - com); 'kboi.news@citcomm.com'; KIDO News (news@ kido. net); Kreller, Kathleen; ktvb News (ktvbnews@ktvb.com); kunamelbanews@aol.com; Laura Zuckerman (IDLoisLane@yahoo.com.); Lynn Hightower; news@ kbcity. com; news@ kivity. com; newsroom @ ida hostatesma n . com; ' newsti ps@ ktrv. com'; Orr, Patrick; Steve Bertel (sbertel@todays6.com) Subject: Officers Save DUI Suspect Meridian Police Save Suspected DUI Driver Two (2) Meridian Police Department Officers saved a suspected DUI driver from a possible drowning around 3:01 a.m. Thursday May 5, 2011. Officers originally received a call of a suspected DUI driver who almost ran a citizen off of the road in the area of Star Road and Chinden. A Meridian Patrol Officer spotted the vehicle coming east bound on Chinden and McDermott. The suspect vehicle swerved into the Officer's lane of travel causing the Officer to take evasive action to avoid being hit. The Officer immediately turned around on the vehicle, which was approximately Y2mile ahead of the Officer. At this point the Officer noticed the taillights of the suspect vehicle swerving and then disappear. When the Officer approached the canal located at 5/5/2011 TO: Page 2 of 2 Chinden and Black Cat, he noticed the suspect vehicle upside down in the canal. Two (2) Officers on scene searched the area for the driver and eventually located the suspect driver in the canal. One Officer jumped in the canal and pulled the suspect to the bank where the two (2) Officers pulled the suspect, conscious and barely breathing, from the water. Suspect was identified as Mohamed ABDISIMAD (21) of Seattle, Washington. ABDISIMAD was transported to St. Alphonsus Regional Medical Center where he is in serious condition. Charges against ABDISIMAD are pending his release from the hospital. Contact: On -Duty Watch Commander 888-6678 5/5/2011 Meridian City Council Meeting DATE: May 10, 2011 ITEM NUMBER: $C PROJECT NUMBER: ITEM TITLE: Police Department: Strategic Plan Update MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Agency Pocatello PD Offenses Reported Change from 2009 Offenses Cleared Clearance Rate 4 459 , +97 11717 38.5% • Boise PD Meridian PD Caldwell PD NampaPD D 13,327 21775 -63 4,469 33.5% +293 11298 46.8% 31349 5, 617 +181 11872 55.9 +348 2,414 43.0% Coeur d'Alene PD 4,067 +384 2,084 51.2% Twin PD 3,549 +184 1,628 45.9% -Falls Idaho Fails PD 3,823 -104 1,577 41.3% Prepared by Idaho State Police, Bureau of Criminal Identification, Uniform Crime Reporting unit 1/31/2011 RE C E,T_�r�� MAY 1 0 2011 CITY 0F0E IO/ �MO � CITY CLERKS OFFICE Meridian City Council Meeting nATF-w- Mav 10, 2011 ITEM NUMBER: 8D PROJECT NUMBER: ITEM TITLE: Parks Department: Park Dedication Plaque Discussion MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Z z 0 Ne Q � u Q� W 7 Wma' W O LA J z �0 LLJ Q W W z Lu oC u LA a W U D oC III w to LA p a 0 LA LL- LLJ Z w� LA a Z � a oc a o CL w w LL. O O }, z Z � a .0 O Q w N m Z w a = u �- °C 0 O F -- O~ 0 L z 2 F- 0 O � = O U oc m w Z = a � p p oc Q w viIne 0 � m u °C w z O U 0 p F- z otA a LL. W Lu Q Z J p O Z > to J � ce ce LU V = Z H pl 0 I J — w Z I- c Z N E v .> �- O p w CIE w CI w OC w w w z u„I z W 7 z W 7 f a a � O O O 0 J J = (A LA tCA tA Z Z � 00 U U LA,� O 0000 U u U U a) z � w LA N p to oC z 0 W v ~ ~ O J a � U w Z — U — oc U a oC — Z z >� E a _ 0 — 0 E z L U 0Q `} /w / Ct � Z O cl� O — U U w F - w a oC a oC U w w oC ca U LU cn ca QC � ca a _ °� � — c � LA a 4�1 a� ce 4-J co a ac a m � Q - cn 0 4-J. s aL sdiM U oG oC oC CIE oC w w �■ � Litz � z 1� 1 z � z W z a s O O O O O J — J (A t/1 t/') tA LA to to LA tA to U Z U Z O O O O O O O U U u U U U U IDIAN�- onHo BEAR CREEK PARK DEDICATED JULY 24, 2002 THIS PARK LAND WAS CONSTRUCTED IN PARTNERSHIP WITH WEST PARK DEVELOPMENT. MANY OF THE PARK AMENITIES AND SERVICES ARE A RESULT OF NUMEROUS VOLUNTEERS AND CONTRIBUTORS AND THEIR COMMITMENT TO THE BEAUTIFICATION OF MERIDIAN'S PARKS FOR ITS FUTURE GENERATIONS. CITY COUNCIL M A Y O R, Robert D. Corrie COUNCILMAN, Keith Bird COUNCILMAN, Bill Nary COUNCILWOMAN, Cherie McCandless COUNCILWOMAN, Tammy de Weerd PARKS & RECREATION DIRECTOR,TomKuntz PARKS & RECREATION SUPERINTENDENT, ElroyHuff PARKS & RECREATION COMMISSION COMMISSIONER, Sheri Baker COMMISSIONER, .Jim Keller COMMISSIONER, Bruce MacCoy COMMISSIONER, David Moe COMMISSIONER, Paul Newcomb COMMISSIONER, Creg Steele COMMISSIONER, Debbie Watkins "ft RE CE f VET) C�(rlIDIAN*,,_=�� MAY 10 2 011 IDAHO CITY OFC>0E��,,, CIN CLERKS OFFICE Meridian Parks Dedication Plaque Purpose: To dedicate and bring suitable public recognition, via a dedication plaque, to Meridian's man wonderful existing (and future) parks where recreation of all manner occur and family and Y g friends9 y an ather. Mhours of planning and meeting by individuals and corporate bodies, as well as City staff, and the public at large, have contributed to the success of Meridian's outstanding park facilities, and it is for this reason that the Parks Amenities and Signage Committee under the Parks and Recreation Commission have been working towards developing a plaque that would pay tribute to and memorialize each of Meridian's parks. Reason for City Council Presentation: To secure the City Council's general approval and blessing to continue our efforts to develop a means of recognizing each of our city parks. This idea has already been presented to the Parks and Recreation Commission, and efforts to proceed have been approved. Where: At each park displayed at a prominent central location yet to be determined. What: A cast metal dedication plaque approximately 11" x 17" in size. (A generic plaque mock-up and Bear Creek Park Dedication Plaque are attached.) The plaques would include the park name, a single initial date of dedication, a brief unique dedication statement tailored to the development and creation of thep ark (probably excluding individual names or corporate contributors, due to perhaps overlooking someone who might feel slighted), and a listing of those individuals serving at the time of initial park dedication. This would include the Mayor, City Council Members, Parks and Recreation Director, Parks and Recreation Parks Superintendent, and Parks and Recreation Commissioners. Cost: Preliminary estimates range from $500 to $900 each. Depending on how many plaques are generated at any given time, a modest cost reduction may be realized. It is anticipated that not all parks would receive a plaque during the same year due to budget constraints. Perhaps 2-4 parks could be budgeted per year. Final Approval: Assuming City Council confirmation this evening to proceed, each plaque would be finalized by the Commission and formally presented to City Council for final approval. City Council Comments: Meridian City Council Meeting DATE: May 10, 2011 ITEM NUMBER' $E PROJECT NUMBER: ITEM TITLE: Development Services: Pre-Directional's for Numbered Street Signs MEETING NOTES n7��d 2:> w6l CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS �E IDIAN' IDAHO Development Services D40 ivision TO: Mayor Tammy de Weerd Members of the City Council FROM: Scott Steckline DATE: 5/5/2011 SUBJECT: PRE -DIRECTIONAL IS FOR NUMBERED STREET SIGNS Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba The Development Services Division of the Public Works Department respectfully requests the following item be placed on the May 10th, 2011 City Council regular Agenda, for Council's consideration: I. DESCRIPTION Background Within the City of Meridian, there are many inconsistencies in the naming of numbered streets. These inconsistencies appear on street signs, as well as in GIS and other databases used by city and county departments. In reviewing historic data, we believe it was the intent, upon creation of the original addressing grid, that numbered streets contain two pre - directional (i.e.: SW 7th St, as opposed to S. WEST 7th St., or S. 7th St.). In order to prevent inconsistent data from being entered in our new Accela software system, as well as Ada County's New World RMS system, we recommend a decision be made allowing us to assign 2 pre-directionals to all numbered streets. III. DEPARTMENT CONTACT PERSONS Bruce Freckleton, Development Services Manager Scott Steckline, Land Development Supervisor Approved for Submission: Scott Steckline Land Development Supervisor Page I of 2 489-0362 489-0369 X 5 1 Date eton, Development Services Manager Page 2 of 2 Date 0000%*,�, 0 U N 4- o � /0 \ L fu 3 0 LM 03 E] cuLIDco no imm cu co 0 U) a� 0 o zzz CL a i 0 x 00 0 � Z CN W5:3 0 CL F- -6-0 a) F- U) U) F- U) 12.) U) C: E 0 cu V Z) r�W o U) a� 0 o zzz CL ^L L.L i O .0 cn E x 00 0 � Z CN W5:3 0 0 V) E 2: E Nft� L -o (D L 0 Q c u L. fu U (1) O =azz .-� N M 7 m w t� Oco � 0 � Q E :3� z cn co N a O Z w t� May i o, 2011 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba TO: Terri Ricks, Addressing Coordinator, Meridian Development Services FROM* Joseph Silva, Deputy Chief, Fire Prevention SUBJECT.- Inconsistencies With Fre-Dircctionals on Street Signs and in Databases As upgrades have been completed to our Ada County Dispatch software, and additional ones are soon to be scheduled, a problem has been identified with the many inconsistencies regarding pre- directionals on our numbered streets. NW 1VhStreet is a prime example. The street signs along NW 1 Ph vary considerably; some having one pre -directional (W. I 1 1hSt.), some having two (N. West 1VhSt.), but none are the same. The same is true in our city databases as well as the 911 Ada County Dispatch software. The problem occurs when the dispatcher is provided with multiple choices to verify the location of an emergency. If the wrong location is entered by the dispatcher, the potential for delay in emergency response is greatly increased. This also surfaces as an issue with our Firehouse Records Management system for the identical reason. For consistency purposes, the Meridian Fire Department supports the recommendation of assigning two prey-directionals for each numbered street as recommended by the City of Meridian Addressing Coordinator, Meridian Fire Department . 33 E. Broadway, Ste. 204, Meridian, ID 83642 f7h.rr►.n *IAO 000 OIi7 A C,%,• 0?fi0 OAC 111iriA 042n1@0100 I%.►.V Meridian City Council Meeting DATE: May 10, 2011 ITEM NUMBER•G 8F PROJECT NUMBER: ITEM TITLE: Building Services. 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The Airport - Overland Corridor Study was developed to identify a more direct route between the Nampa Airport/Garrity Boulevard Interchange in Canyon County and the newly realigned Overland Road/Ten Mlle Road intersection in Meridian. City Staff has provided updates to the Councilp reviously, and on April 18th , a joint agency meeting was held at City Hall to discuss a preferred alignment. During the April 191h City Council meeting, the Mayor asked Planning staff to come back and present some more details on the two alternatives that are still being considered - Alignment 2B and Alignment 2C (purple and yellow alignments, respectively, on the attached map) - and explain if either of the two options are better/worse for pg rovidin future services and/or designating future land uses. Study Backgro_ and The eastern terminus at the newly constructed Ten Mile Road and Overland Road intersection is the same for both of the Alignment 2B and 2C. An evaluation matrix of 18 criteria was developed in order to compare the various alignment alternatives (originally there were six alternative alignments.) The criteria were broken in to two tiers: Tier 1 criteria addressed the abilityto meet the project's purpose statement, and Tier 2 assessed the ability to implement p J given route. Each alternative was given a low, medium, or high rating depending on the criteria and rating measurement. Planning Department • 33 E. Broadway Avenue, Meridian, ID 83642 DL%r%v%r% -%^Q OQ i r -r-1-% _ C -1v "r%0 000 CQr i - %,%nwnAi yvinvi.�i-�v.ri�� i ^rrr Page 2 Alternatives 2B and 2C both provide greater benefit and less impacts than Alternative 2A. The remaining two alternatives — 2B and 2C —were presented at a Public Information Meeting (PIM) on March 16, 2011. Serviceability A high level environmental scan was done by Parametrix to identify wetlands, historic areas/resources socio -economics, farm ground, air quality, endangered species and irrigation gh not an exacts imp. Although licitly listed criteria, City Staff also took into account potential p impacts to future land uses when screening alternatives. City staff also looked at topography and improvement values in this area (handouts showing topography and property/improvement values will beg iven to you during the workshop.) Unfortunatel� , future sewer and water Y serviceabilit was not considered. However, since the April 19' Council meeting, Public Works staff hasg athered service information for this area and summarized the City's future sewer and waterp lans for this area (see Summary of Serviceability below). The City's Future Land Use Map(FLUM) calls for primarily residential in this area; residential has one of the highest demands for water and sewer. So if the City does amend the FLUM, to change some of the areas currently planned for residential to commercial/office or other non-residential uses, there appears to be enough future capacity in the sewer mains planned for this area. In summary, neither Alignment 2B nor 2C appear to impact, or are impacted by the City's future servicep lans. Further, neither alignment option appears to hamper the potential for amending future land uses in this area. The constraining factors, when it comes to future land use density/intensityand the timing of development/re-development in this area will primarily be g p roadway connectivity and access — which is one of main hurdles this study is trying to overcome — and the ability to service these properties at the time annexation is requested. But it does not appear that a constraint will be sewer capacity. Page 4 Summary of Serviceability For the area west of Ten Mile Road to the County Line, and from 1-84 to Victory Road, a small portion of the sewer shed feeds or will feed to the Black Cat Trunkline. The remainder of that area will feed into portions of the Victory Trunkline and eventually into the McDermott Trunkline. The Black Cat Trunkline is already constructed and was sized based on the area in question being low density residential. There is remaining capacity available in the Black Cat Trunkline for future development in that shed, provided the development is at the same or lesser density than what was assumed for the shed. The Victory and McDermott Trunklines have not been constructed, are not scheduled for construction, and will be dependant on development. The Victory and McDermott trunklines could be upsized if the planned land use/density of the area were to change prior to their construction. The land use type assumed in the Sewer Master Plan for the southwest "to be determined" area of the Comprehensive Plan was low density residential (3 dwelling units per acre/ 643 gallons per acre per day). Below is a listing of sewer demand by land use type in gallons per acre per day: Commercial — 670 Industrial — 250 Office — 560 Residential, High Density (12.8) — 2741 Residential, Med/High Density (9.5units/acre) — 2050 Residential, Med. Density (6.5 units/acre) — 1417 Residential, Low Density (4.5 units/acre) — 974 Mixed Use, Interchange — 590 Mixed Use, Regional — 800 Mixed Use, Community — 810 Mixed Use, Neighborhood —1210 Mixed Use, Non-residential - 510 ;! ..'::lam/ S .: r,. H N r /- v.T' l�l` r .. l //f,'!�' ,xH¢.. i% d : rhl.�c•< %•�'. 7Y; yy ,+r.,• '"!' r; ! rC H. ✓ )!%! y/�. k+' �'.,.�r�,9,4 ; il,� % : r , 11/� / �! li : I'' /!r! "'GY d/i; 'a. w. lA .:, I Y/a7R„ iJHf4' ` r//L//A'/i:,j i,'ypra/a %..; y, oy'., r^, / ,>; £'!!/�✓r� '.,,.. 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J a xk; , l, Noml! ! / /b / ; / L,„ as "G N/ " j exil " " {A4f l ;' "m !' % 0 � � y Y a �a§ vv 110 11 r ! �/r rrlNSf% rs / /Fi%N :. : ^ / f/ -.ray J/ Y.!$/' J „ur9'//A 'H� ' / . / / /J N/ y' J , !�,' 6/ r., Y a rlKr9b /p,"'N! fHq//y/i'9.YN l/1%N� r. a i4 v" ., b, " 't. , rS Meridian City Council Meeting DATE: May 10, 2011 ITEM NUMBER: 81 PROJECT NUMBER: ITEM TITLE: Planning Department: Transportation Update on Projects, Priorities and Studies - Includes a Discussion on Ada County Highway District's (ACRD} Cost Share Policy, Updates on Future and Current Highway Projects, and Discussion About Agenda Items for the Upcoming ACRD -Meridian Joint Meeting. MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS May 5, 2011 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Manager RE: Transportation Update, Spring 2011 May 10, 2011 City Council Workshop Agenda Item Below is a summary/update on some of the transportation and roadway projects City Staff has been involved with over the past couple months. This is not an exhaustive list, but rather highlights some of the more important activities that have recently transpired (or are about to transpire) in the transportation realm. Staff will be at your May 10tr► workshop to discuss some of these items in more detail, but Staff does not intend on mentioning all of theseJro' ects during the meeting. Instead, please feel free to contact me should you have p any comments, concerns, or questions on any of these topics before, during, or after the meeting. Locust Grove/McMillan Intersection (ACHD): Construction on the McMillan & Locust Grove intersection began in early December 2010. This $2.2 million project includes reconstruction and widening of the intersection, installation of a signal, sidewalks, pathway, curb, gutter, and bike lanes. The six week closure of the intersection is over, but lane restrictions are still in place. This project is on schedule and is expected to be complete by mid-August 2011. Eagle Victory to Ridenbau Canal (ACHD): Central Paving Co. is working on this project for ACHD. This month (May) the entire intersection and roadway widening should be completely paved -out. Chi sealin Season: ACHD's chipsealing season is quickly approaching. This year, sections of north Meridian — Fairview to Chinden and Linder to Eagle Road — will be chip Planning Department • 33 E. Broadway Avenue, Meridian, ID 83642 DJ,r%"n -%nQ 00, -�^+^+ _ C-%%, %^Q 000 GQF- I - %Anwnwi rvnri�i^ri-iii ern Page 2 sealed. For information on the chipsealing process go to Maintenance Department section of ACHD's website: www.achdidaho.or ACHD Joint Meetin&: On Thursday, May 191h, from noon to 1:30 there will be a joint ACHD-Meridian meeting held at ACHD. So far the tentative agenda items include: 1) Split Corridor Phase Two; 2) ACHD's Cost Share Policy; and 3) Follow-up/Questions on ACHD Revenue and Expenditure Report. Are these the agenda items the Mayor and Council want to discuss with ACHD? Are there any other topics the Council would like to discuss with the ACHD Commission on May 19th East 3rd Street Extension: In the Spring of 2009, the City adopted the East 3rd Street Extension and Alignment Study. This study evaluated the best route for a future connection of E. 3rd Street between Carlton and Fairview. The preferred alternative uses 3rd Street in a straight alignment between Carlton and Fairview. The City currently has policies in our Comprehensive Plan that not only speak to making this key connection downtown, but also to a future signal at E. 3rd/Fairview. Today there are two related roadway projects moving forward, Split Corridor Phase 2 and Fairview Access Management, that affect the feasibility to construct E. 3rd Street north from Fairview and construct a future signal at 3rd/Fairview in the future. During the workshop on the 10th, staff would like to discuss with the Council the importance of the E. 3rd Street connection, north from Fairview Avenue, and how the current ACHD projects impact this extension. ACHD Cost Share Policy: Over the last few months we have discussed some upcoming roadway projects (Ustick, Duane to Campton and Franklin, Linder to Ten Mile) and ACHD's Cost Share Policy. In April, the City and ACHD were able to come to terms on these projects for cost share and license agreements. However, to clarify for ACHD what the City's underlying issues with the interpretation and implementation of their CS policy may be, staff would like to have a discussion with Council on the 10' (we are also tentatively scheduled to have this discussion with the Commission during the joint meeting on May 19th.) This discussion was brieflydiscussed and then continued from the April 19th City Council meeting. At the request of the Council, Staff provided an e-mail on April 20th that contained three attachments: 1) a memo Staff prepared a couple of years ago for a joint ACHD-Council meeting (post Cost Share adoption), 2) a letter the City sent to ACHD as they were contemplating adoption of the Cost Share Policy, and 3) the adopted Cost Share Policy. Basically, ACHD has interpreted Idaho Code Section 40-1310 and 40-1415 to mean that they are forbidden to pay for non -transportation elements. Therefore, ACHD's CS policy does not allow them to purchase "non -transportation components. " If an agency wants anything included in a roadway project other than the standard travel lanes, bike lanes, curb, gutter, attached sidewalk, and signals, the agency must pay for it. The non - transportation components which ACHD will consider in their projects, but not pay for, include: landscaping, specialized pavement or sidewalk treatments, decorative lighting, and other non -transportation component features. Page 3 Some of the issues that may arise from the implementation of the CS policy include: • Lack of landscaping along storm drain sites and arterial landscape buffers • Requiring City to pay/budget for interim treatments where ACHD could provide • Potential compliance/conflict with City Code and/or Local Land Use Planning Act ACHD is considering making their Cost Share policy ordinance. ACHD has asked the City what part(s) of the current CS policy we don't concur with and how these areas of the ACHD policy/ordinance could be addressed. ACHD Assistance: ACHD Planning and Programming staff are preparing for their FYI budget. They have asked if the City has any sub -area, trails system, or bike/pedestrian planning projects where we envision needing increased staff time from ACHD? I have communicated that we would like ACHD to partner with us when we re-evaluate South Meridian and the Fields Area (Northwest). Are there other areas where Council would like to request additional/extraordinary time from ACHD for planning activities? Ten Mile Road Interchange: Although the new interchange will not open until late this month on Tuesday,May 17th, at 1:00 m, the dedication and ribbon cutting ceremony Y p for the Ten Mile Road Interchange will take place. An optional Chamber of Commerce luncheon will be held just prior to the event from 11:3 0 - 12:3 0 at the Ten Mile Christian Church. Meet at the church for shuttle service to the bridge deck for the ribbon cutting. Meridian Interchange Task Force: In coordination with the Mayor's Office, two task forces working towards a rebuilt Meridian IC will be formed. These task forces will primarily be working on public outreach and support, incorporating the City's needs into the design, and identifying funding options, for the new IC. More info to come as these groups begin meeting. US 95: During the April COMPASS RTAC meeting, Michael Garz with ITD mentioned that there will be approximately $13 spent in District 3 over the next couple of years on expansion of US 95. There are some curves and a new railroad crossing/bridge that will be reconstructed so large commercial vehicles (53 -foot trailers) can use US 95, a "red route", which will connect Mexico to Canada. There was no money for this project listed in the current STIP (there is money in 2011 for the RR/bridge, but for a deck rehab, not full reconstruction.) US 20/26: During the April COMPASS RTAC meeting, Michael Garz with ITD mentioned that Caldwell and ITD are forming a partnership to improve portions of US 20/26. It sounds like Caldwell will be footing a large portion of the costs for widening approximately V2 mile of US 20/26, form Aviation Way to Smeed Park Way, just off Exit 29. Caldwell plans to use in-house resources to do most of the work, which is estimated to cost $1.9M. This project will widen Chinden from a two-lane to a 5 -lane facility, including wide detached sidewalks. The City of Caldwell plans on beginning work this winter and completing the widening by summer of 2012. ITD Early Development Proms During their January meeting, the ITD Board approved a Early Development (ED) Program. The ED policy is a result of a new process to get projects Page 4 ready for funding. It basically is years six and seven of the Statewide Transportation Improvement Program (STIP). The intent is to move ED projects into a construction year as funding becomes available. Projects placed in the ED Program are to be in line with the department's investment strategies. During the April COMPASS RTAC meeting, Michael Garz with ITD mentioned that the Meridian Road IC will be the initial ED project in D3. The ED policy outlines a number of guidelines. Development costs in the program shall not exceed $300,000 per District per year. The total estimated unfunded construction costs of all projects in the program shall be limited to $120 million at any time, with each district limited to no more than $20 million in estimated construction costs. The ED Program shall be updated and approved by the board annually. Before a district begins development on any project within the program, the district will prepare a financial/scope/schedule document for board approval, identifying that the proposed project fits within the funding constraints. The projects must have active delivery and cost schedules, which will be presented to the board annually for approval. Eagle Road: As you may recall, last month the City sent a letter to ITD asking them to do a speed study, and look into some additional safety improvements, along Eagle Road. The City received a letter back from D3 Engineer Dave Jones on April 201h (attached). ITD will do a speed study on Eagle Road this summer. Mr. Jones also mentions that there will be a public meeting/open house on June 2nd where D3 will be presenting plans for raised medians, similar to those near I-84/Franklin, into the upcoming Eagle Road rehabilitation project. The Eagle Road pavement rehab project, between Fairview and State Street in Eagle, is scheduled for 2013, but ITD is proposing to accelerate it for construction during the summer of 2012. Page 5 April 20,, 2011 IDAHO TItANSPORTATION DIEPARTMENT P.O. Box 8028 Boise, ID 83707-2028 The Honorable Tammy de Weerd City of Meridian Mayor 33 E. Broadway Ave. Meridian, ID 83642 RE: SH55,, Eagle Road Safety Improvements Dear Mayor de Weerd: (208) 334-8300 itd.idaho.gov District Three is in receipt of your April Sth letter regarding the cftys safety concerns along Eagle Road. Safety is a primary goal for IM and we very much appreciate receiving feedback from the public that helps us in our efforts. As requested,, District Three will schedule a speed study along the Eagle Road Corridor of Idaho 55. ITD fbilowers federal guidelines to establish safe speed limits at a point that results in the lowest number of crashes and that will be voluntarily observed by a large majority of drivers. For your use, included is a flyer with additional information on how speed limits are set on the state highwaysystern. We anticipate completing review of the speed limit on Eagle Road later this summer,, With respect to your signing and interim median treatment suggestions, ITD has an open house public information meeting scheduled on June 2nd whore District Three will be presenting plans for incorporating the construction of raised medians into the upcoming Eagle Road rehabilitation project. The raised medians will match those already In place between 1-84 and Franklin Road and will stretch from Franklin Road to State Street. The project is scheduled for 201% but District Three Is proposing accelerating project development for construction next summer. After the open house, IM will consider any interim measures, such as those included in your letter, and if appropriate schedule them to be added to our maintenance work plan. We look forward to the city's participation in the June 2nd ITIS open house. If you have any questions regarding the Eagle Road rehabilitation and medians, please do not hesitate to contact our project manager,, Wade stlansen., at 334-8969, ncerely, Dave Jones District Engineer �� w w U W Q'. i., r . U rm M J rr LL U oft N co :� h 11 ~miff n" II{ft \` 8 OA W =typ■aesa s V 11 Q / , ' �` / N �� � 4 .�S Ls» ' O `.\`+m�} i �1 d V) UJ wO / C4p IN Q +!'�•Ra•c g LL LU Cl.. 02 ON7 LL S N} O A' o a� rr yj� / AV �nA�" ctY r N �j r a Q/ + N Il' - �N m Fl Z LL [Y7 0 y' i g' ^ LiJ to r N LL fes' LLI cr- C411 ell rL oo ` w Qe• - EP M h •r �� QAAQ tp F 8 m� ^�Z N �N+ OD N LN L 1. ON! / / + CD• Ol ■ •M011, 44 me %n m w N IN C) I cc 'In .Q 01 - i y9� 77777�p /. Nom. .a .L� ' S ,`i:.• re UJ m An k44Ztl1l, �p^s O. . ^ W .k9 ��•• NII'1 ,D -,z CL I O F ae■pp■QQ 'M < I ny -in at z 1, / �' , Mf �'� •<� �V� ' lin tr.•..Y 1 to' -Nis=_ .`` +M _ 1, • • rN t n � � � LO / ` •/�V `� j� W ^ � W sZ N - � t/S Tn O \. .O P N `'.•,. � �;, �.., \`,fir. -. > .`;� . _'•,. `....__, 3�2 � O I Yd .000 sin `•,°'x;,�\ `^; � ♦ \,, `` ERS E'4'��/ENT r�• o rx a v a1 + I m2 I r 116- kin vi m ff M U Y g I m i; II C-4 { •- I j ii ! 0 a �► � � ! = M a�, oQ� a `�' � $ w N m N 1t C CC �I =a= W~ ! r I N P M LL! f ) g F o0 a z CL G = C) i •� uj C m N 0 W W L 1 O W 99 Li •� � � V I 5MQ� = lV $ f� � p W ! o i 0 I g m 1 NF co M 1 ,_j IR a O � � FF �y Qi La C4 x: Y Meridian City Council Meeting DATE: May 10, 2011 ITEM NUMBER: g PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS