2011-07-05~~ivl. E IDIAN~--
IDAHO
CITY COUNCIL REGULAR
MEETING AGENDA
Tuesday, July 05, 2011 at 7:00 PM 7:07 PM
1. Roll-Call Attendance
X David Zaremba X Brad Hoaglun
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
2. Pledge of Allegiance
3. Community Invocation by No One Present to Perform This
4. Adoption of the Agenda Adopted
5. Consent Agenda Approved
A. Approve Minutes of June 21, 2011 City Council Pre-Council
Meeting
B. Approve Minutes of June 21, 2011 City Council Regular
Meeting
C. Approve Minutes of June 28, 2011 City Council Meeting
D. Agreement with ZGA Architects and Planners for Investigation
and Construction Document Services for the Remediation of
the Meridian City Hall
6. Items Moved From Consent Agenda None
7. Action Items
A. Continued from June 28, 2011: Public Comment: Ordinance
No. 11-1485: An Ordinance of the City of Meridian, Enacting a
New Section, Title 8, Chapter 6, Section 2, Relating to
Performance and Warranty Surety for Public Infrastructure
(First Reading) Second Reading on July 12, 2011
Meridian City Council Meeting Agenda -Tuesday, July 05, 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.
B. Amended onto the Agenda: Resolution No. 11-795: A
Resolution Rescinding Council Action Approving the
Bittercreek Meadows Nullification Agreement; and Approving
a Revised Bittercreek Meadows Nullification Agreement; and
Authorizing the Mayor and City Clerk to Execute and Attest
Said Agreement on Behalf of the City of Meridian; and
Authorizing the Mayor to Execute Certain Deeds and Direct
Staff Actions to Carry Out the Requirements of Said
Agreement; and Providing an Effective Date.
Approved with a note that the funds will be released as part of
normal City business and in accordance with City Finance
policy.
8. Department Reports
A. City Council: Budget Amendment for the Solid Waste
Advisory Commission in the Not-to-Exceed Amount of
$10,000.00 Approved
B. Human Resources Department: Elected Officials
Compensation Committee Motion was made and approved to
accept the Committee's recommendation with the note to
increase the size of the Committee to include a local developer
and member of the Chamber of Commerce
9. Future Meeting Topics
Adjourned at 7:31 PM
Meridian City Council Meeting Agenda -Tuesday, July 05, 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 al least 48 hours prior to the public meeting.
Meridian Citv Council Meeting Julv 5 2011
A meeting of the Meridian City Council was called to order at 7:07 p.m., Tuesday, July
5, 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, Jacy Jones, Jeff Lavey, Mark Niemeyer, Warren Stewart,
Bruce Freckleton, Luke Cavener 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: Okay. We are done with our special meeting. Thank you for waiting for us
to start our regular meeting. For the record it is Tuesday, July 5th. It's 7:07. We will
start tonight's meeting with roll call attendance.
Item 2: Pledge of Allegiance
De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in our
pledge to our flag.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by
De Weerd: Okay. We have no one here to lead us in our community invocation.
Item 4: Adoption of the Agenda
De Weerd: So we will move to Item No. 4, adoption of the agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: On the agenda tonight we do want to add in under Action Items, Item 7, a 7-
B, which is Resolution No. 11-795. And with that addition, Madam Mayor, I move
adoption of the agenda as amended.
Bird: Second.
Meridian City Council
July 5, 2011
Page 2 of 11
De Weerd: I have a motion and second to adopt the agenda as amended. All those in
favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda
A. Approve Minutes of June 21, 2011 City Council Pre-Council
Meeting
B. Approve Minutes of June 21, 2011 City Council Regular
Meeting
C. Approve Minutes of June 28, 2011 City Council Meeting
D. Agreement with ZGA Architects and Planners for Investigation
and Construction Document Services for the Remediation of
the Meridian City Hall
De Weerd: Item 5, Consent Agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I move approval of the Consent Agenda and the Mayor be authorized to sign
and the Clerk to attest.
Bird: Second.
De Weerd: I -have a motion and a second to approve the Consent Agenda. If there is
no discussion by Council, Madam Clerk.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 6: Items Moved From Consent Agenda
De Weerd: There were no items moved from the Consent Agenda.
Item 7: Action Items
Meridian City Council
July 5, 2011
Page 3 of 11
A. Continued from June 28, 2011: Public Comment: Ordinance
No. 11-1485: An Ordinance of the City of Meridian, Enacting a
New Section, Title 8, Chapter 6, Section 2, Relating to
Performance and Warranty Surety for Public Infrastructure
(First Reading)
De Weerd: So, we will move to Item 7-A, which is a continued public comment on
Ordinance 11-1485. Madam Clerk, will you, please, read this ordinance for its first
reading.
Jones: Thank you, Madam Mayor. An ordinance of the City of Meridian enacting a new
section, Title 8, Chapter 6, Section 2, relating to performance and warranty surety for
public infrastructure and providing an effective date.
De Weerd: Okay. That was the first reading of Ordinance No. 11-1485. We will have it
for the second reading at our next agenda.
B. Amended onto the Agenda: Resolution No. 11-795: A
Resolution Rescinding Council Action Approving the
Bittercreek Meadows Nullification Agreement; and Approving
a Revised Bittercreek Meadows Nullification Agreement; and
Authorizing the Mayor and City Clerk to Execute and Attest
Said Agreement on Behalf of the City of Meridian; and
Authorizing the Mayor to Execute Certain Deeds and Direct
Staff Actions to Carry Out the Requirements of Said
Agreement; and Providing an Effective Date.
Approved with a note that the funds will be released as part of
normal City business and in accordance with City Finance
policy.
De Weerd: As amended on our agenda we do have an Item 7-B, which is Resolution
11-795.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: This resolution that we added is one that rescinds a prior Council action
approving the Bittercreek Meadows nullification agreement and approves a revised
Bittercreek Meadows nullification agreement and authorizes the Mayor and City Clerk to
execute, so on and so forth, and also -- so, with that, Madam Mayor, let me move
approval of Resolution No. 11-795 and with the understanding that the funds would be
released under the normal course of city business and finance policy.
Rountree: Second
Meridian City Council
July 5, 2011
Page 4 of 11
De Weerd: I have a motion and a second. Any discussion? Okay. Madam Clerk, will
you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 8: Department Reports
A. City Council: Budget Amendment for the Solid Waste
Advisory Commission in the Not-to-Exceed amount of
$10,000.00.
De Weerd: Item 8-A is a budget amendment for the Solid Waste Advisory Commission,
SWAC, in the not to exceed amount of 10,000 dollars. Mr. Nary, did you want to say
anything on this budget amendment?
Nary: Certainly, Madam Mayor, Members of the Council. This is a --this is a very good
news budget amendment and I can turn it over to Councilman Rountree, because he's
an ex-officio of the commission, but just for some background, as you know for a period
of time in our recycling program we were not collecting any revenue, we were actually
paying for the privilege of recycling and also the funds were also being used to do the
hazardous material recycling that we do. Or, excuse me, disposal. Well, now the
commodities market has changed and last month SSC, the city's provider, was able to
acquire approximately 10,000 dollars in revenue from recycling. So, this is really
spending authority for the commission and I think if -- if what I understand from the
member in my office that's on the commission, what the commission is planning on
doing is creating a -- essentially a template of requirements, side boards for these
funds. In the past, of course, we used them for public projects for different things that
were recycling related and I think that's still the intent of the commission and, then, at
that point I think it's up to Council Member Rountree and this Council as to do you want
all the projects to come in front of you for review as it's a recommendation from Solid --
from the SWAC, do you want the SWAC to have some authority to approve those with
Council Member Rountree's sign off on those projects without seeing every one of
them? I think it's kind of up to you and I don't know if timing wise you need to make that
-- that particular decision tonight. This is just spending authority of the funds that have
already been provided by SSC, but if that's kind of the direction that you'd like them to
have that discussion and bring it back to you, I think that's probably appropriate to do
that tonight. If I'm misstating any of that Council Member Rountree, please, correct me.
De Weerd: Thank you, Mr. Nary. Mr. Rountree.
Rountree: Madam Mayor, the advisory commission has this problem that we all wish
we had and that's unforeseen money coming to them finally from the commodities of
Meridian City Council
July 5, 2011
Page 5 of 11
recycle. It looks like it's going to be somewhere around 10,000 a month, as long as the
commodity prices stay. That's above and beyond SSC's cost and -- and they are, in
effect, remitting that back to the city for a solid waste program. The committee is
actually -- the commission is actually looking at reinstating the grants program that they
had previously, but with some much stronger oversight. They are looking at doing some
educational programs. The first one I think they want to pursue are cloth shopping bags
with recycling emphasis. They are very strong on establishing a fund of a set
percentage of these monies they received to start -- or get to a point where they can do
a composting pilot project with -- with our Public Work folks. They are very engaged in
wanting to do this. This is -- this is the first increment that's been received by the city
and I believe probably the first thing they are going to be looking at is an educational
piece. They also want to continue on with the environmental awards and probably be
looking at using some of that money for environmental awards towards the end of the
year. So, anyway, that's -- that's their intent. They are up and running and they are --
they have some very interesting dialogue and they don't -- they are not short for things
to talk about.
De Weerd: Thank you, Mr. Rountree. Any questions from Council?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I would just add the comment that since they are now an official commission
of the city, I mean they used to be just a committee. Since they are now an official
commission I have no problem giving them more authority than they had before and
under Councilman Rountree's guidance I welcome them making the small and medium
decisions. If they want to pass a big decision along to us, that's fine.
De Weerd: The differential on small and medium.
Zaremba: I would even leave that up to Councilman Rountree.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I have no problem with them making the decision period, regardless of the
amount. They are the ones that take it in and look at it and they can run it by us, but if
they do run it by us I hope they have a recommendation. That would be my biggest
concern is -- I don't mind them being run by us, but, you know, bring a recommendation.
But I like what Councilman Rountree said, I hope they screw down the -- who gets it and
who don't.
Rountree: Very much the intent and as far as where they spend the money, I've -- I've
reinforced that they need -- if they are uncertain to have strong recommendations on
Meridian City Council
July 5, 2011
Page 6 of 11
projects, if, in fact, they do come before the Council and their chairperson is more than
willing to be here and talk to us at any point in time, so --
Bird: You bet. Yeah.
De Weerd: I think to just be consistent with our other citizen commissions to bring the
recommendation to Council for -- for your final approval. That's how I would feel most
comfortable.
Rountree: I think that's probably the appropriate way.
De Weerd: Okay. Okay. Well, do I have a motion to approve this budget amendment?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the budget amendment for the Solid Waste Advisory
Commission in an amount not to exceed 10,000 dollars.
Bird: Second.
De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you,
please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
B. Human Resources Department: Elected Officials
Compensation Committee.
De Weerd: Item 8-B is under our HR department. I'll turn this over to Mr. Nary.
Nary: Thank you, Madam Mayor, Members of the Council. It's our biannual time of
reporting on the elected officials' compensation committee in our city ordinance. There
is a report attached and I neglected, I apologize, to list the Idaho Code section that
governs elected officials compensation. That's Idaho Code 50-203. Anyway, as you
recall in our city code we -- each election cycle year we form a committee of citizens,
including myself, and on this election cycle we had Joe Borton, a former Council
member, Dr. Tom Hammond, the current historic preservation commission chair, Clint
Shiflet, the current Chamber of Commerce board chairman. Chris Klein also a local
businessman, and, then, Tom Sauer, another local citizen, who is also a member of our
Solid Waste Advisory Commission, meet to discuss how compensation is done for the
Meddian City Council
July 5, 2011
Page 7 of 11
elected officials, the Mayor, and the Council in our city. They had three different
meetings and discussed wide ranging ways of doing this and what they did is they
reviewed both the past on how we have come to the different levels of compensation for
both Mayor and Council and, then, we also were fortunate this year, the Association of
Idaho Cities had commissioned a survey statewide on what their compensation they
provide for their elected officials in various cities. It wasn't a hundred percent
responsive, but there was a fairly significant number of responses, so they felt
comfortable that it was at least reflective of the elected official world, because, again, it's
hard sometimes compared to the normal business world, it's just two different types of
operations. So, they looked at that. They looked at the last three cycles we have had
of elections where we had committees such as this and how we have been able to
come up with compensation things. They looked at all the city work groups, police, fire,
and general employees, who have their varying compensation and pay increases and
work -- and pay adjustments are done. So, they evaluated that and, basically, came up
with a recommendation that's provided to you and I'll summarize what's in your report.
Basically, the committee's recommendation is that there be no change in the base
salaries for both the Mayor and the Council members for the next two years. So, for
2012 and 2013. And, again, 2013 under our current ordinance we would form a new
committee again and go through the process. That elected official would continue to
receive the same benefits. So, no change in either salary or benefits for the next two
years. The committee recommends that a permanent committee -- whether it -- and the
current members of the committee were willing to serve -- now whether they want to
serve for two years or two months I don't know, but they were willing to be part of a
transitional committee and the purpose of that committee was to evaluate a variable
compensation program for the Mayor and this is a fairly unique -- I couldn't find any
other cities in Idaho that do this. But one of the things the committee said -- and we had
-- one of the members of the committee Chris Klein has been on every group and has
wrestled with how do we do this fairly, because they have recognized that our Mayor --
not just because she is sitting here, but our Mayor does go above and beyond in the
group's opinion and that it's not required in the Idaho Code. It's very unclear in the
Idaho Code what mayors are required to do, if anything, and they recognize that our
Mayor does more than probably a lot of other mayors do. So, wanting to find some way
to recognize that, they didn't feel it was fair to simply just change the base salary,
because that may or may not be appropriate, it's sometimes uncomfortable to do, it's
not really reflective of anything specific and it's just an ongoing additional cost and you
may have a different mayor at some point in time who may not expend the same level of
effort and, then, rewarding them for what somebody else actually did is really what they
were trying to address. So, the committee said what they would recommend to the
Council is to form a committee that -- that committee would, then, establish benchmarks
for annual performance and the intent of that committee would be to meet with the
Mayor to discuss what the Mayor would like to accomplish in the coming year and what
the committee thinks the citizenry would like to accomplish and, hopefully, come to a
meeting of the minds between the citizen group and the Mayor as to what those
benchmarks for the next evaluation year would be. Similar, we had a discussion about
our city employees and how we do things and that's a process that we follow internally
for our merit system for general employees and so they thought that was an interesting
Meridian City Council
July 5, 2011
Page 8 of 11
way to both get a citizen perspective on what the Mayor should be doing and the
Mayor's perspective on what the Mayor thinks the Mayor should be doing and trying to
come up with some way to figure out what those benchmarks would be. Then, they
would, then, meet -- so they would meet at the end of one fiscal year and, then, go into
the next year and, then, come back again with the Mayor sometime before the end of
the year to see how they do. Did they meet those? Did they not meet those? And,
then, recommend to this Council, who have the ultimate decision authority, on whether
or not the Mayor would be entitled to the -- and the term that the committee came up
with was an additional variable compensation and they couldn't add it to the base,
because the state statute is very specific about what you pay as a base to the Mayor,
but they certainly could provide it as a one time compensation annually and, again, this
committee would have to come up with, again, benchmarks for the Council to be
comfortable with and, secondarily, what would that look like? Would that be a
percentage? Would that be a fixed amount? Would that be based on some other factor
or something else. That wasn't all defined and that was -- and it doesn't have to be
defined at this moment if you're comfortable with that, because it wouldn't impact your
FY-12 budget, because the Mayor cycles -- and like all of you your pay cycles are
based on a calendar year, not a fiscal year. So, if you decided that that sounded
intriguing we could explore that further with, again, that committee or other additional
people if you think that would be appropriate, come up with a recommendation to all of
you, if you think that's something to continue worth exploring, you wouldn't need to fund
it until FY-13, because the Mayor wouldn't receive it until January of 2013. So, they
wouldn't -- it wouldn't impact your next budget, but it would be something we could
explore if we never could get satisfactory benchmarks for you, then -- then we just
wouldn't do it, if we felt that that was something that you could come up with, something
that the Council would feel comfortable with, they could work with the Mayor in coming
up with those annual benchmarks, it's just another way Ithink -- and I guess a very
innovative way from Meridian trying to address what our citizens of this committee felt
were extraordinary effort and not a lot of tools in the Idaho Code to recognize that and
this is a tool they felt both complied with the code, as well as provided some incentive
for extra effort. They recognize we are not always going to have the luxury of having a
Mayor that just does the extra effort, because that's what they do and they felt this is a
good way to have that connection a little bit better. And I think I said ultimately the final
say would be the Council, so --
De Weerd: Thank you, Mr. Nary. Questions from Council?
Rountree: Madam Mayor, I have no question, but that certainly is an approach that
addresses the concern I've had every year when we talk about this with respect to, you
know, comings and goings of the personalities of the elected officials and that if you
compensate one because they are extremely effective and efficient and go above and
beyond that, then, becomes a base and your next elected official is -- meets the intent
of the law, but is not necessarily a ball of fire, why are you compensating them at a level
that probably is more than necessary. So, I think it's a great idea to explore and could
very well address that concern that I have had in the past about changing the base. So,
I for one would support that.
Meridian City Council
July 5, 2011
Page 9 of 11
De Weerd: Any other --
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba?
Zaremba: I would agree with that. I think not only is our current Mayor deserving of
bonuses, but I think that's a way to address not making it a permanent raise in case
there is ever a different Mayor, but it -- as the program works out it would give the
Council an opportunity annually to reward an excellent mayor and not penalize, but not
reward somebody who is not doing such a good job. I guess my only hesitation is one
elected official passing judgment on another elected official, but it does address -- and
we have all talked about we think our current Mayor should be paid more. This is a way
to do it without etching it in stone and I would support having the committee get together
and make something of it.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I agree with it. But I do have one suggestion. I'd like to see a developer or builder
on this committee, somebody that actually brings jobs to town and stuff, that works --
works, you know, with the city quite handily.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: My comments on that -- I'm willing for the committee to take a look at this and
see what they can come up with for the benchmarks. That's going to be an interesting
process and to see what possibly could be established. Compensation is always a
tricky thing and certainly it's not because you're not deserving, but we want to make
something that's workable that we can -- as a Council you see have they achieved,
have they not achieved or were they reasonable. So, it's going to be some work for this
committee. So, we will see if they can come up with something that -- that passes the
test.
De Weerd: Well, Council, you know, I'm not sure about the -- the merit piece of it,-but
certainly I'm interested in those benchmarks from the citizens' perspective on
performance of their elected officials. As Mayor I would certainly welcome that and
would look for what their recommendation would be coming back as far as those --
those measurables.
Nary: Madam Mayor?
Meridian City Council
July 5, 2011
Page 10 of 11
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Excuse me, Bill. But to keep us on the timeline you have established in the
benchmark for this evening, I would move that we accept the recommendation of the
compensation committee and direct them to move forward by increasing the size of their
committee to include at a minimum an additional citizen and a business person in the
development industry and to look at the compensation --
Bird: Second.
Rountree: -- variability that they have addressed in their recommendation.
Bird: I second that.
De Weerd: Okay. I have a motion and second. Any discussion? Mr. Zaremba.
Zaremba: Short discussion. I like the idea of having somebody from the development
community on it. The names you mentioned do include members of the Chamber of
Commerce, but we might want to specify somebody that belongs to the Chamber of
Commerce as well. Just a comment.
Rountree: I would accept that as an amendment to my motion.
De Weerd: Okay. Any further discussion? Madam Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 9: Future Meeting Topics
De Weerd: Any items under Item 9 for future meeting topic consideration?
Zaremba: No.
Bird: Madam Mayor, I move we adjourn.
Rountree: Second.
De Weerd: I have a motion and a second to adjourn. All those in favor say aye? All
ayes. Motion carried.
Meridian City Council
July 5, 2011
Page 11 of 11
MOTION CARRIED: ALL AYES.
De Weerd: We are adjourned.
MOTION CARRIED: ALL AYES.
De Weerd: We are adjourned.
MEETING ADJOURNED AT 7:31 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
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Meridian City Council Meeting
DATE: July 5, 2011 ITEM NUMBER: 5A
PROJECT NUMBER:
ITEM TITLE:
Approve Minutes of June 21, 2011 City Council Pre-Council Meeting
MEETING NOTES
~~~~~
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE F/NAL ACT/ON
DATE: E-MAILED TO
STAFF SENT TO
AGENCY SENT TO
APPLICANT NOTES INITIALS
Meridian City Council Meeting
DATE: July 5, 2011 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE:
Approve Minutes of June 21, 201 1 City Council Regular Meeting
MEETING NOTES
1~'PP`'~`~2d
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE: E-MAILED TO
STAFF SENT TO
AGENCY SENT TO
APPLICANT NOTES INITIALS
Meridian City Council Meeting
DATE: July 5, 2011 ITEM NUMBER: 5C
PROJECT NUMBER:
ITEM TITLE:
Approve Minutes of June 28, 2011 City Council Meeting
MEETING NOTES
ppP~~d
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE: E-MAILED TO
STAFF SENT TO
AGENCY SENT TO
APPLICANT NOTES INITIALS
Meridian City Council Meeting
DATE: July 5, 2011 ITEM NUMBER: 5D
PROJECT NUMBER:
ITEM TITLE:
Agreement with ZGA Architects and Planners for Investigation and Construction
Document Services for the Remediation of the Meridian City Hall
MEETING NOTES
~~,~-~c
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE: E-MAILED TO
STAFF SENT TO
AGENCY SENT TO
APPLICANT NOTES INITIALS
Document B132r" - 2009
Agreement Between Owner and Architect, Construction Manager as
the year 2011
identified as the Owner:
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The ConsWction Managei:
fName legaJstatus;_ addr'ess'and other Information)
Kteizenbeck Gonstruotors
251 East Front Street, Suite 110
Boise. Idaho 83702
The Owner and Architect agree as follows.
This document has imponant
legal consequences. Consultation
with an attorney
Is encouraged with respell to
as completion or mod cation.
This document Is Intentled to be
used In conjunction with AIA
Documents A732TM-2009,
Standard Form of Agreement
Between Owner end Contractor,
Construction Manager as AdNSer
Ed81on: A232TM-2009, General
Conditions of the Contract far
ConsUUctlon, Construction
Manager as Advser EdiBon; end
C132TM-2009, Standard Form of
Agreement Between Owner and
Construction Manager as
Adviser.
AIA Document A232TM-2009 is
adopted In this document by
reference. Do not use with other
general conditions unless this
document is modified.
AIA Document B132TM-2009 ((onnedy B141T"CMa-7992). Copydghl ®1992 and 2009 by The Amedcen InsdtNe of Architects. All d9hfa reserved.
Init WARNING: Thle AIA° Document b protected by U.S. Copydeht Lawand Intemadonal7reaUes. Unautbodzed reproductlan ardlamhuaon otthls AIA° ~
Document, or any portion o! It, may reaua In severe civil and criminal psnattlae, and will be prosecuted to the maximum extent possible under the law.
) This document was produced by AIA software al 09:54:59 on 00/30/2011 under Order No.4366332823_i which expires on 03/07/2012, end is not for resale.
User Notes: (1431290749)
TABLE OF ARTICLES
1 INITIAL INFORMATION
2 ARCHITECT'S RESPONSIBILITIES
3 ' .' SCOPE OF ARCHITECT'S BASIC SERVICES
4, _= ADDITIONAL SERVICES
5; OWNER'S RESPONSIBILITIES
6 COST OF THE WORK
7 COPYRIGHTS ANO LICENSES
8' CLAIMS AyD DISPUTES
9 - TERMINA710NORSU§PENSION
10 MISCELLANEOUS PROVISIONS
§ 1 111i1s Agreement is based on the Initial Information set forth in this Section 1.1.
(1Vote the dispositionfor the following items by inserting the reguested information or a statement such as "not
applicable," "unknown aEtime afexecution" or "to be determined later by mutual agreement.')
INITIAL
a-
§ 1.1.2 The Project's physical characteristics:
(Identify or describe, ifappropnate, size, location, dimensions, or other pertinent information, such as geotechnical
reports; site, boundary and topographic surveys; traffic and utility studies; availability ofpublic and private utilities
and services; legq[ description of the site; etc.)
To be determined later by mutual aereement.
1.1.3 The Owner's budget for the Cost of the Work, as deSned in Section 6.1:
(Provide total ttua' ifknown, a line item breakdown.)
f 'I1te Owner's bifdeet for the Cost of the Work is to be determined throueh consultation with the Architect and
Construction Manaeer for each remediation action.
§ 1.1.4 The Owner's anticipated design and wnstruction schedule:
.1 ,
AIA Document 8732TM - 2009 (formerly B747TMCMa - 7992). Copyright ®1992 antl 2009 by The American InsOtute of Archltecls. All dghta reeervetl.
iDit WARNING: Thla AIA° Document la protected bl/ U.S. Copyright Law and IMematlonal TreaUea. Unauthorized repraducdon or dlatrtbullon of Nls AIA° .t
Document, or any portion of tt, may result In severe civil antl criminal penalties, antl will be preaeculetl to the maximum extent poaeible under the law.
t Thie document was produced by AIA soflwere at 09:64:58 on 06!30/2011 under Order No.4386732823_1 which expires on 03/01/2012, end Is not for resale.
Uesr Notes: (1431280748)
.4 ::
[ 1 One
[ ~ Mlili
a Construction Manager adviser and:
actors are used the term "Contractor" as referred to throughout this Agreement
Contractors
INITIAL
§ =1.1.8 The Owner identifies the following representative in accordance with Section 5.4:
~LiSt name, address grid other Information)
Ted Baird Deoutv City Attomev
-Gifu.-of Meridian.-
33 BastBroadwav Avenue
Meridian, -Idaho' $3642
§ 1.1.9 The persons or entities, in addition to the Owner's representative, who are required to review the Architect's
submittals to the Owner areas follows:
(List name, address and other information)
t I Kreizenbeck Constructors.
AIA Document 8132"' - 2009Iformeriy B14f ^'CMa -1982). CopydOht ®1992 end 2009 by The American Institute of Architects. All rtghfa reaervatl.
Inlt WARNING: This AIA° Document b protected by U.a. Copyrtght Law end IMamatlonal Treaties. Unauthortzed reprotluctlon or dbtrtbu0on of this AIA° 3
Document, orany portion of it, may resuH in severe civil and criminal panaHles, and will be presecuted to the maalmum extent possible under the law.
t This document was produced by AIA software et 09:54:68 on 06/30/2011 under Order No.4366332623_1 which etylres on 03/01/2012, end Is not (or resale.
User Notes: (1431260748)
251 East Front Street, Suite 110
Boise. Idaho 83702
§ ;1.1.10 The Owner will retain the fol lowing sensBltaBEs:consultants as and if necessary:
(List name, legal status, address and other information.)
.1 Construction Manager: The Construction Manager is idetrtified on the cover page. lf~a-Gensifuctien
' •
2
J Q,...H..«.. M '9 6] 9 9 ]] 9 ]]] ] A G ] A 6 C A F] R] 1 F A ..«A 1 1 L 1
Land_Surveyor
.3 .~~ INITIAL
.A Geokechnical Engineer:
.5 Civil En®ineer:
6 Other consultants:
(List any_other consultants retained by the Owner, such as a Project or Program Manager, or
schedulrng consultant)
SDectalty consultants as determined by the Owner.
.1.1.11 The Architect identifies the following representative in accordance with Section 2.3:
(List name, address arul other irrJormation)
Michael G. Simmonds
~.vn_tarwuruw aaru nurwcr a, a,i
565 West Mvr4lti Street. Suite 22
Boise, Idaho 83702
§ 1.1.12 The Architect will retain
and electrical consultants as mut
Consultants shall be identified a:
AIA Document B132"' - 2009 (romrerty 8141 ^'CMe -1982). CopydOhl ®1992 antl 2009 by The Amedcan Institute of Architects. All rtghb reserved.
Init. WARNING: Thla AIA° Document is protected by U.S. Copyright Law and IMematlonai Trestles. UnauNortzed reprotluekon or tliaWbukon of this AIA° 4
Document. orany portion of lt, may resuk In severe civil antl criminal penalties, and will be prosecuted to Na maximum ertent possible underthe law.
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User Notes: (1431260748)
INITIAL
§' 1.1,13 Qther Initial Informa
The Owner recoentzes that th
dent®bv others The Owner
ezistme work in dlace,
on which the Ageement is based:
r on the Initial Information. Both parties, however, recognize that such
in that event, the Owner and the Architect shall appropriately adjust the
e Architect's compensation.
ARTICLE 2 ARCHITECT'S RESPONSIBILITIES
§ 2.1 The Architect shah provide the professional services as set forth in this Ageement.
§ 2.2 The Architect shall perform its services consistent with the professional skill and care ordinazily provided by
architects practicing in the same or similaz locality under the same or similaz circumstances. The Architect shall
pel`form its services as expeditiously as is consistent with such professional skill and care and the orderly progess of
the Project.
§ :23 The Architect shall provide its services in conjunction with the services of a Construction Manager as described
in AJA Document CI32T"t-2009, Standard Form of Ageement Between Owner and Constuction Manager. The
Architect shall-not be responsible for actions taken by the Constmction Manager.
§ 2 4 The Architect shall identify a representative atrthorized to act on behalf of the Architect with respect to the
Project.
AIA Document B732"' - 2008 (tonnedy B141 ^'CMa -1882). Copyright ®1882 end 2008 by The Amedcen InsStule of Arohitecta. All rights reserved.
Ind WARNING: Thla AIA° Document B protected by U.S. Copyright Law end Irdemational Trestles. Unauthodzed reproducaon or distrtbWon of this AIA° rJ
Document, orany portion of iG may resuN In severe clvll end cdminal penaNtes, end wlll be prosecuted to the masimum a#ent possible under the law.
/ Thls document wee produced by AIA software et 09:54:58 on 06/3012011 under Order No.4388332623_7 which e~ires on 03/01/2012, end is not for resale.
Uesr Notae: (14312607411)
' § 2.5 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any
employment, interest or contribution that would reasonably appear to compromise the Architect's professional
judgment with respell to this Project.
§ 3.6 The Architect 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 Architect normally maintains, the Owner shall reimburse
the Architect for any additional cost.
§ 2.6.7 Comprehensive Lateral Liability with policy limits ofnot less than Two Million dollars ($ 2 000,000.00 1 for
each occurrence and in the aggregate for bodily injury and property damage.
f § 2.6.2 Automobile Liability covering owned and rented vehicles operated by the Architect with policy limits of not
less than Two Mrlhon Dollars ($ 2,000,000.00 )combined single limit and aggregate for bodily injury and property
damage.
§ 2 6 3 The Architect may,use umbrella or excess liability insurance to achieve the required coverage for
Comprehensive Geneial Liability and Automobile Liability, provided that such umbrella or excess insurance results in
the same type of coverageas required for the individual policies.
§ 2 6.4 Workers' Compensation at statutory limits and Employers Liability with a policy limit of not less than ($---}
Statuto INITIAL
§ 2.6.5 Professwnal Liability covering the Architect's negligent acts, errors and omissions in its performance of
professional se_rW ces with policy limits of not less than Two Million Dollazs ($ 2.000.000.00 1 per claim and in the
aggregate.
r
- ,...~. ~
ARTICLE 3 SCOPE OF'ARCHITECT'S .BASIC SERVICES
SeFVieES:
}
~¢ ,311 The Architect shall manage the Architect's services, consult with the Owner and the Construction Manager,
reseazch applicable design criteria, attend Project meetings, communicate with members ofthe Project team and report
§ 3.1.2 The Architeet shall, coordinate its services with those services provided by the Owner, the Construction
Manage and the Owner's other consultants. The Architect shall be entitled to rely on the accuracy and completeness
of services and. information famished by the Owner, the Construction Manager, and the Owner's other consultants.
The Architect shall provide prompt written notice to the Owner if the Architect becomes awaze of any error, omission
or inconsistency m such services or information.
§ 3.7.3 As soon as practicable after the date of this Agreement, the Architect shall submit to the Owner and the
ConstructtoaManager aschedule of the Architect's services for inclusion in the Project schedule prepared by the
Coastructionivasaga. The schedule ofthe Architect's services shall include design milestone dates, anticipated dates
when cost estimates or design reviews may occur, and allowances for periods of time required (1) for the Owna's
review, (2) for She Construction Manager's review, (3) for the performance of the Owner's consultants, and (4) for
approval of submissions by authorities having jurisdiction over the Project.
§ 3.1.4 The Architect shall submit information to the Construction Manages and participate in developing and revising
the Project schedule as it relates to the Architect's services.
Init AIA Document B132o - 2009 (formerly 8747"'CMa- 78921. Copyright ®1992 and 2009 by The American Institute of Architects. All rights reserved.
WARNING: Thla AIA Document b protectetl by U.3. Copyright Law and IMemational Treatle9. Unauthorized reproducnon or tliatribution of this AIA 6
Document. or any portion of k, may resuk in severe civil and criminal penaltlea, and will he prosecuted to Ne maalmum extent possible under the law.
/ Thla documenlwas produced byAlA software et 09:54:59 an 06/30/2011 under Order No.4386332623 1 which e~ryires on 03/01/2072, end Is not for resale.
User Notes: (1431260746)
§ 3.7.5 Once the Owner and the Architect agree to the time limits established by the Project schedule, the Owner and
the Architect shall not exceed them, except for reasonable cause.
§ 31.6 `I7ie Architect shell not be responsible for an Owner's directive or substitution, or for the Owner's acceptance
of acn=conforming Work, made without the Architect's approval.
I
3,1.8 T
for filing
§ 3:2 Scl
the (hurter and Conshvction Manage in connection with the Owner's responsibility
the approval of governmental authorities havingjurisdiction over the Project.
INITIAL
I~
t~
e
k
AIA Document 8132"' - 2009Itomredy B741^'CMa - tl992t. Copydght O 1992 end 2009 by The Amedcen Instllute of Arehltecls. All dghla reservetl.
Inlt WARNING: This AIA° Document k protected by U.S. Copydght Lawand Intema0onal Treaties. Unauthodzed reproducnon or disldbullon of lhls AIA° 7
Document, orany portion of IC may resuH In severe civil and criminal penalaes, and will he prosecuted to the maximum extent posalble under the law.
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User Notee: (14312fi0746)
INITIAL
l
§ 3.4 Constructit
§ 3.4.7 Based on
Constr
nests Phase Services
reps appi•ova] of the
oject requirements and the budget for the Cost of the Work, the Architect shall prepare
for the Owna's approval and the Construction Manager's review. The Construction
hgs and SpeciScations setting forth in detai l the quality levels of materials and systems and
the construction of the Work. The Owner and Architect acknowledge that in order to construct
3r will provide additional informatics, including Shop Drawings, Product Data, Samples and
s, which the Architect shall review in accordance with Section 3.6.4.
ect steal l incorporate into the Construction Documents the design requirements of governmental
jurisdiction over the Project.
Inlt
§ 3.4.3 During the development of the Construction Documents, if requested by the Owner, the Architect shall assist
the Owner and the Construction Manager in the development and preparation of (1) bidding and procurement
information that describes the time, place and conditions of bidding, including bidding or proposal forms; (2) the form
AIA Document B132TM - 2009 (formedy B701TMCMe-1982). Copyright ®1892 end 2009 by The Amedran InaUlute of An:hitecb. All dghfs reserved.
WARNING: Thla AIA° Document Lg protected by U.3. Copyright Law antl International Treaaea. UnauNOdzed reproduction or dlsUibullon of this AIA°
Document, or any portion of it, may resua In severe civil and criminal penanles, and will be prosecutatl to the maximum extent poaelble under the law.
This document wes produced by AIA aorlwere et 09:54:56 on O6/30I2011 under Order No.4366332623_7 which eapirea on 03/012012, end Is not for resets.
User Notea: (1431260746)
8
of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General,
Supplementary and other CondiGons); and (4) cempile a project manual that includes the Conditions of the Contract
foi Caistruction and may include bidding requirements and sample forms.
§ 3.4.4 Prior to the wnclusion of the Construction Documents Phase, the Architect shall submit the Construction
Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to
rey4et the Construction Documents.
§ 3.4.5 Upon receipt oflhe Construction Manager's information and estimate at the conclusion ofthe Construction
bocuments Phase, the Architect shall take action as required under Section 6.7 and request the Owner's approval of
the Construction Documents.
3,5 Bidding for Negoiiabon Phase Services
§ 3.5.1 General
feFSeastFUStie~
3.5.2 Ct7mpe0tive Bidding
§ 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents.
§ .3.5.2.2 The Architect shall assist the Owner and Construction Manager in bidding the Project by
,1 'facilitating he reproduction of Bidding Documents for distribution to prospective bidders,
.2 participating in apre-bid conference for prospective bidders, and
,&-.2 preparing responses to questions from prospective bidders and providing clarifications and
'interpretations of the Bidding Documents in the form of addenda.
§ 3.5.2.3 The Architect shall wnsider requests for substitutions, if the Bidding Documents permit substitutions, and
shall consult with the Construction Manager and prepare and distribute addenda identifying approved substitutions [o
INITIAL
§ 3.6ConsWetlon Phase Services
§.3.6.1 General „
§' 3.6.1.1 Tfie Architect shall provide administration of the Contract between the Owner and the Contractor as set forth
belOW ;<nd in'AIA Document A232T^L2009, 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 affecC the Architect's services under this Agreement unless the Owner and the Architect amend this
Agreement.
§ 3.6.1.2 The Architect shall advise and consult with the Owner and Construction Manager during the Construction
Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this
AIA Document B732^' - 2009 (tomtedy 8747 "'CMa - 7992). Copyright ®1992 end 2009 by The American InsOtute of Architects, All rights reserved.
Inlt WARNING: Thla AIA° Document Is protected by U.S. Copyright Law and IMematbnal Trestles. Unauthodzed reprotluctlon or dlsMbutlon of this AIA° g
Document, or any portion o714 may resua In severe civil and criminal penalllea, and will be prosecuted to the maximum ertent poeslble under the law.
/ This document was produced by AIA software at 09:54:59 on 09/30/2011 under Osier No.4366392623 7 which expires on 03/01/2012, entl Is not for resale.
User Notes: (1431280740)
all prospective. bidders.
~' Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means,
methods, techniques, sequences or procedwes, or for safety precautions and programs in connection with the Work,
nor shall #]1e Architect be responsible for the Contractor's failwe to perform the Work in accordance with the
requuallents of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts w
omissions, but shall not have control over w charge o1; and shat l not be responsible fw, acts or omissions of the
Construction Manager, or the Contractor or of any other persons or entities performing portions of the Work.
§ 3.6:1.3 Subject to Section 4.3, the Architect's responsibility to provide Construction Phase Services commences
with the award of the Contract for Construction and terminates on the date the Architect issues the fitlal Certificate for
Payment.
§ 3.6.2 Evaluations c( the Work
visit the site at intervals appropriateto the stage ofconstructiml, or as otherwise requned
enerally familiar with the progress and quality of the portion of the Work completed, and
ie Work observed is being performed in a manner indicating that the Work, when fully
once with the Contract Documents. However, the Architect shall not be required to make
s`Ite inspections to check the quality or quantity of the Work, On the basis ofthe site visits,
honer reasonably informed about the progress and quality of the portion of the Work
owner and the Construction Manager (1) known deviations from the Contract Documents
5truction schedule, and (2) defects and deficiencies observed in the Work.
:3.6.2.2 The Architect lies the authority to reject Work that does not conform to the Contract Documents and shall
Citify the Cohstrgction Managed about the rejection. Whenever the Architect considers it necessary or advisable, the
,rchitect, upon written authorization from the Owner and notification to the Construction Manager, shall have the
uthonty to require inspection or testing ofthe Work in accordance with the provisions ofthe Contract Documents,
Whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a
eclsion made m good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility
f the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents w employees or
Cher persons or entities performing portions of the Work
and decide matters concerning performance under, and requirements of, the
;t of the Construction Manager, Owner, err Contractor through the Construction
.,such requests shall be made in writing within any time limits agreed upon or
Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable
Contract Documents and shall_be in writing or in the form of drawings. When making such interpretations
;ions;;the Architect shell endeavor to secure faithful performance by both Owner and Contractor, shall not
ttality to either, and shall noflie liable for results of interpretations or decisions rendered in good faith. The
's decisions bn matters relating to aesthetic effect shall be final if consistent with the intent expressed in the
Documents. -- -
Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term
h inA]:A Document A232-2009, the Architect shall render initial decisions on Claims between the Owner and
x as provided in the Contract Documents.
§'3:6.3 Certificates for `Payment to Contractor
§ 3.6.3.1 The Architect shall review and certify an application for payment not more frequently than monthly. Within
seven days after the Architect receives an application for payment forwarded from the ConsWction Manager, the
Architect shall. review and certify the application as follows:
.1 'Where there is only one Contractor responsible for performing the Work, the Architect shall review the
Contractor's Application and Certificate for Payment that the Construction Manager has previously
{eviewed and certified. The Architect shall certify the amount due the Contractor and shall issue a
Certificate for Payment in such amount.
.2 Where these are Multiple Prime Contractors responsible for performing different portions of the
Project, the Architect shall review a Project Application and Project Certificate for Payment, with a
Summary of Contractors' Applicafions for Payment, that the Construction Manager has previously
AIA Document B792"' - 2009 (fomreAy B147"'CMe - 7992). Copydghl ®1992 and 2009 by The Amedwn Instltule of Architects. All dghla reserved.
IniL WARNING: Thla AIA° Document b protected by U.a. Copydght Law end Inlemaaonal Treaties. Unauthorized reproductbn or dlaldbullon of thls AIA° 1t)
Document, or any poraon o/ it, may resuh in severe clvll and criminal penaalea, and will be preeeculed to Ne maximum ertent possible antler the law.
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Ueer Notes: (1431260749)
prepazed, reviewed and certified. The Architect shall certify the amounts due the Contractors and shall
issue a Project Certificate for Payment in the total of such amounts.
§:`3.6.3.2 The Architect's certification for payment shall constitute a representation to the thvner, based on (1) the
Architect's evaluation of the Work as provided in Section 3.6.2, (2) the data comprising the Contractor's Application
for Payment or the data comprising the Project Application for Payment, and (3) the rewmmendation of the
Censtructon Manager, that, to the best of the Architect's knowledge, information and belief; the Work has progressed
to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing
representationsara subject (1) to an evaluation of the Work fur conformance with the Contrail Documents upon
Substantial Completion, (2) to results of subsequent tests and inspections, (3) to wrreilion of minor deviations from
the Contract Documents prior to wmpletion, and (4) to specific qualifications expressed by the Architect.
§ 3 6.3.3 The'issuance of a Certificate for Payment or a Project Certificate for Payment shall not be a representation
that the Architect has (1J trade exhaustive or continuous on-site inspections to check the quality or quantity of the
Work, (2) reviewed cons[ntcfion means, methods, techniques, sequences or procedures, (3) reviewed copies of
requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate
the Contrailoi•'s right to payment, or (4) ascertained how or for what pwpose the Contractor has used money
previously paid on account of the Contract Sum.
§ 3.6.3.4 The Architect shall maintain a record of the applications and certificates for payment.
§ 3.6.4SubmtJals
§ :3.6.4.1 The Architect shall review the Construction Manager's Project submittal schedule and shall not unreasonably
delay or withhold approval. The Architect's action in reviewing submittals transmitted by the Construction Manager
shall be taker in accordance with the approved submittal schedule or, in the absence of an approved submittal
schedue, witli reasonable'promptness while allowing sufficient time in the Architect's professional judgment to
permit adequate review.
§ 3.6,4.2 Tn accordance-with the Architect-approved Projeil submittal schedule, and after the Constmction Manager
~ reviews, approves and transmits the submittals, the Architect shall review and approve or take other appropriate action
upon the-Contractor's subFnftals such as Shop Drawings, Product Data and Samples, but only for the limited purpose
of checking for conformance with information given and the design concept expressed in the Contrail Documents.
Review of such submittals is not for the purpose of determining the acewacy and completeness of other information
such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's
t•e5ponstbility `The Architect's review shall not constitute approval of safety precautions or, unless otherwise
specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The
Archdeil's approval of a specific itemshall not indicate approval of an assembly of which the item is a component.
§ _3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or
ctirtffications by a design professional related to systems, materials or equipment, the Architect shall specify the
appropriate performance and design criteria that such services must satisfy. The Architect shall review shop drawings
and other subriuttals related fo the Work designed or certified by the design professional retained by the Contractor
that bear such professional's seal and signatwe when submitted to the Architect. The Architect shall be entitled to rely
upon the adequacy, aceuiacy and wmpleteness of the services, certifications and approvals performed or provided by
each Aecion nrnfeccinnale
§ 3.6.4.4 Afterreceipt of the Construction Manager's recommendations, and subject to the provisions of Section 4.3,
the Architect shall review and respond to requests for information about the Contrail Documents. The Architect, in
:consultation with the Constructor Manager, shall set forth in the Contract Documents the requirements for requests
fo information. Requests for information shall include, at a minimum, a detailed written statement that indicates the
specific Drawings or Specifications in need of clarification and the natwe of the clarification requested. The
Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with
- reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and
Specifications in response to requests for information.
§ 3.6.4.5 The Architect shall maintain a rewrd of submittals and copies of submittals transmitted by the Construction
Manage in accordance with the requirements of the Contract Documents.
Init. AIA Document B732~ -2008 tformedy Bt47 ^'CMa -1992). Capyrighim1882 end 2008 by The Amedcan Institute ofAlchitecta. All rights reserved. a
WARNING: Thla AIA Document b protected by U.S. Copyright Law and IntemaUOnal Treaties. Unauthorized reproduction or dlatdbullon of this AIA ~,~
Documen4 orany portion of it, may resua In aevem civil and criminal penaarea, antl will be prosecuted to the maximum extent posal6le under the law.
f This dowmenl was produced byAlA software et 08:54:68 on 0680/2011 under Order No.4388332623_7 which expires on 03!01/2012, and is not for resale.
Uear NOtaa: 0437260748)
§.3.6.5 Changes in the Work
§ 3 6.5.1 'Ilte Architect shall review and sign, or take other appropriate action, on Change Orders and ConsWction
Change lairedives prepazed by the Construction Manage for the Owner's approval and execution in accordance with
the Contract Documents.
§ 3.8.5.2 The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract
...Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Such changes
s_h_a_ll be effected by written order issued by the Architect through the Construction Manager.
maintain records relative to changes in the Work.
they
~Y,
§3.
the,
opei
InIL
1 The Architect, assisted by the Construction Manager, shall conduct inspections to determine the date or dates
[antral Completion and the date of final completion; issue Certificates of Substantial Complction prepazed by
Istnicton Manager; receive from the Construction Manager and review written waranfies and related
;nts requned by the Contract Documents and assembled by the Contractor; and, after receipt of a final
3or's Application and Certificate for Payment a a final Project Application and Project Certificate for
tt from;the Construcnon Manager, issue a final Certificate for Payment based upon a final inspection indicafmg
rk complies with the requirements ofthe Contract Documents.
2 The Archifed's inspections shall be conducted with the Owner end Construction Manager to check
lance of the Work with the requvements of the Contract Documents and to verify the accuracy and
teness of the list sublritted by the Construction Manager and Contractor of Work to be completed or corrected.
3 When the Work is found to be substantially complete by the Construction Manager and Architect, and after
ttion by the Construction Manager and the Architect, the Architect shall inform the Owner about the balance of
tract Sum remaining to `be paid the Contracts, including the amount to be retained from the Contract Sum, if
final completioh pr correction ofthe Work.
4 Upon, request ofthe-Owner, and prior to the expvation of one year from the date of Substantial Completion,
aitect shall, withou additional c_ ompensation, conduct a meeting with the Owner to review the facility
ms and performance.
identify the
ies listed below are not included in Basic Services but may be requned for the Project. The
the listed Additional Services only if specifically designated in the table below as the
ty,;and the Owner shall wmpensate the Architect as provided in Section 11.2.
fal Setvrces the Arohitect shall provide in the second column of the table below. In the third
~r the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit,
Stdtvices
" Responsibl0ty
(Architect, Owner
or
Not Provided) Location of Service Description
(Section 4.2 below or in an exhibit
attached to this document and
identifredbeiow)
=4.1.1 Pro'
` in "' Not Provided
4.1.2 Multi le relimin deli s Not Provided
'4.1.3 Meas6red drawin s Architect Section 3.2
'4.1.4 Bxlstin facilities surve s Not Provided
A.1.5 Site evaluation and Tannin 203TS'-2007 Not Provided
41 6 ..Buildin"' information modelin Owner
`4.1:7--Civil'eh-' cerin Owner
4.1.8 Landsca desi Not Provided
4.1.9 Architectural interior desi 252TM-200 Not Provided
4.1.10 Value anal sis 204T"'-2007 Not Provided
4.1.11 Detailed cost estimatin Not Provided
AIA Document 8732"' - 2009 (formerly B1411YCMa -1982). Copydghl m 1992 entl 2009 by The American InaOtule of Architects. All dghle reserved.
WARNING: Thla AIA° Doeumerrt b protected by U.S. Copyright Law and Imematlonal Trestles. Unautharizetl reproduction or diaWbmlon of this AIA°
Document, orany portion of it may reauN In severs clvll and crlminal penaHlea, and wlll be prosecuted to the maximum extent poaslble under the law.
This documem was preduced by AIA soriwere et 09:54:56 on OBI30/2011 under Order No.4366732823 1 which expires on 03/01/2012, end Is not for resale.
User Notes: (1491260748)
12
4.1.12 On-site o'ect re resentation 20T"L2008 Not Provided
4.1.13 Conformed construction documents Not Provided
4.1.14 As-desi ed record drawin s Architect
4.1.15;As-constructed recorddrawin Architect
4.1.16 Post oceu anc evaluation Not Provided
14.1;17 Fecili su ortservices 210T"L2007 Not Provided
:4,1:18 Tenant-related services Not Provided
4:1.19 Coordination of Owner's consultants Architect
`=' 4.1.20 Telecommunications/data desi Nat Provided
4.1.21 Sectiri evaluation and tannin B206T"'-200 Not Provided
'4.1.22 Comtnissionin `- 211T^+-2007 Not Provided
.4,1.23 Extensrve environinentall res onsible desi Not Provided
''4.1.24 LEED certification B214T"L2007 Nat Provided
:4.1.25 Historic reservation 205T"'-2007 Not Provided
§ ;41.26 Funiiture, furnishings, and equipment design
(B253T^~2007) ,'
Not Provided
Additional Service designated in Section 4.1 as the Architect's responsibility, if not
ached to this document.
§ 4.3 Addition
Except for see
Section 4.3 sh
Archited'sscl
§ 4.3.1 Upoh t
.1
s may be provided after execution of this Agreement, without invalidating the Agreement.
iced due to the fault of the Architect, any Additional Services provided in accordance with this
the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the
need to perform the following Additional Services, the Architect shall notify the Owner
end explain the facts and cvcumstances giving rise to the need. The Architect shall not
ing serv_i_ces until the Architect receives the Owner's written authorization:
sttated by a change in the Initial Information, previous instmdions or recommendations
onsWcfion Manager or the Owner, or approvals given by the Owner, or a material
'roject including, but not limited to, size, quality, complexity, building systems, the
ule or budget for Cost of the Work, wnstrnctability considerafions, procurement or
~d, or bid packages in addition to those listed in Section 1.1.6;
Ins m Drawings, Specifications, or other documents (as required pursuant to Section
h revisions are required because the Construction Manager's estimate of the Cost of the
the Owner's budget, except where such excess is due to changes initiated by the
ope, capacities of basic systems, or the kinds and quality of materials, finishes or
i by the Owner's request for extensive environmentally responsible design
unique system designs, in-depth material research, energy modeling, or LEED®
.4 >Cpanging or editing previously prepazed Instnunents of Service necessitated by the enactment or
tevislon of codes, laws or regulations or official interpretations;
.5 Services necessitated by decisions of the Owner or Construction Manager not rendered in a timely
manner or arty other failure ofperformance on the part of the Owner, Construction Manager or the
Owner's other consultants or contractors;
.6 prepazing digital data for transmission to the Owner's consultants and contractors, or to other Owner
authorized recipients;
.7 Preparafion of design and documentation for alternate bid or proposal requests proposed by the Owner
or Construction Manager;
.S Prepazafion for, and attendance at, a public presentation, meeting or heazing;
.9 Preparation for, and attendance at a dispute resolution proceeding a legal proceeding, except where the
t Architect is parry thereto;
AIA Document 8732"' - 2009 (fomrerty atYl *"CMe - 7992). Copyright ®1882 end 2009 by The Amedcen InsOlute of Architects. All dghla reserved.
Init WARNING: Thla AIAe Document k protected by U.S. Copyright Law and IntemaUonal Trestles. Unauthorized reproduction or dietdbutlon of this AIAe 13
Document, orany portion of k, may reauk In severe civil and criminal penalties, and will be prosecuted to the maximum artent possible antler the law.
y Thls Document was produced byAlA software at 09:54:58 on O6/30I2011 under ONer No.4366332823 1 which expires on 03/01/2012, and Is not for resale.
User Notes: (1431260748)
.10 Evaluation of the qualifications of bidders or persons providing proposals;
l _ _ .11 Consultation concerning replacement of Work resulting from fire or other cause during wnsWction; or
m72 Assistance to the Initial Decision Maker, if other than the Architect.
§'4.3.2 To avoid delay in the Construction Phase, the Architect 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 ofthase services are not required, the Owner shall give prompt written notice
totke Architect, and the Owner shall have no further obligation to compensate the Architect for those services:
.1 Reviewing a Contractor's submittal out of sequence from the initial Project submittal schedule agreed
o by the'Architect;
.2 ' Responding. to the Contractor's requests for information that aze not prepared in accordance with the
(Contract Documents or where such information is available to the Contractor from a careful study and
compansdn'ofthe Contract Documents, field conditions, other Owner-provided information,
Contractolrvprepared coordination drawings, or prior Project correspondertce or documentation;
.3 Preparing Cha)tge Orders, and Constmction Change Dvectives that require evaluation of Contractor's
-_-proposals an_ d supporting data, or the preparation or revision of Instruments of Service;
.4 'Evaluating an extensive number of Claims as the Initial Decision Maker;
.5 Evalttatingsu¢stitutionspsoposed by the Owner, Construction Manager or Contractor and making
'subsequent revisions to Instruments of Service resulting therefrom; or
.6 To the extenk the Architect's Basic Services are affected, providing Construction Phase Services 60
days after (]) the;date of Substantial Completion of the Work or (2) the anticipated date of Substantial
`Compleftoon, identified in Initial Information, whichever is earlier.
.1~-reviews F€ sa sh She~.R,.,..g~r~aetBata;to ms6.-..P,~~.<
- GeBtraetee
\ _
ARTICLE 5 "OWNER'S RESPONSIBILITIES
§ 51 Unless otherwise provlded for under this Agreement, the Owner shall provide information in a timely manner
regazdmg requiranents for and lihritations on the
. Proiec[. Within I S days after receipt of a written
request from the Architects the Owner shall famish the requested information es necessary and relevant for the
Architect to evaluate, give notice of or enforce lien rights.
§ S.2 The Owner shall retain a Construction Manager to provide services, dudes and responsibilities as described in
AI41 Document C132 2009, Standazd Form of Agreement Between Owner and Construction Manager. The Owner
stall provide The Architect a wpy of the executed agreement between the Owner and the Construction Manager, and
any further modifications to the agreement.
§ 5 3 the Owner-shall famish the services of a Construction Manage that shall be responsible for creating the overall
Protect schedue:_1he Owner shall adjust the Project schedule, if necessary, as the Project proceeds.
_ _
§ 5.4'Ifie Qwnershall 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 wnGngencies
related to all of these costs. 'Rte Owner shall famish the services of a Construction Manager that shall be responsible
for preparing all estimates of the Cost of the Work. If the Owner significantly increases or decreases the Owner's
budget for the Cost of the Work, the Owner shat I notify the Architect and the Construction Manager. The Owner and
AIADOCUment B772"'-5009 (formerly B141'YCMe-1982). Capydght ®1882 and 2008 by The Amedcan Instllule ofArchllecls. All dghte reserved,
IDN' WARNING: Thls AIA° Document Is protected by U.S. Copyright Law antl IMamagonal7reatlea. Unaulhodzed reprodueUon or dlsWbMlon of this AIA° 14
Document, or any porllon of IR may reeua In severe clvll and cdminal penattlea, and will be proaeculetl to the maximum extent possihle under the law.
) This document weer produced by AIA sotlwere at 09:54:58 on 06/30/2071 antler Order No.4366332623 1 which e~ires on 03/01/2072, antl Is nM for resale.
User Notes: (1431260746)
the Architect, in consultation with the Construction Manager, shall thereafter agree to a cortesponding change in the
budge[ for the Cost of the Work or in the Project's scope and quality.
§ 5.5The
Owner sh
delay in t]
§ 5.6The
site oftlie
applicabl_2
adiacentt
structural,
§.3:10 The
reasonably
§ 5.77 The
y a representative authorized to act on the Owner's behalf with respect to the Project. The
and approve the Architect's submittals in a timely manner in order to avoid unreasonable
enlist progress ofthe Architect's services.
rveys to describe physical chazacteristics, legal limitations and utility locations for the
legal description of the site. The surveys and legal information shall include, as
reefs, alleys, pavements and adjoining property and structures; designated wetlands;
restrictions, easements, encroachments, zoning, deed restrictions, boundaries and
mansions and necessary data with respect to existing buildings, other improvements
Ming available utility services and lines, both public and private, above and below
hs. All the information on the survey shall be referenced to a Project benchmark.
tdinate the services of its own consultants with those services provided by the Architect.
si, the Owner shall famish copies of the scope of services in the contracts between the
nsultants. The 9wner shall famish the services of consultants other than those designated in
ze the Atch_teof to famish them as an Additional Service, when the Architect requests such
that they are reasonably required by the scope of the Project. The lhvner shall require that
ofessional liability insurance and other liability insurance as appropriate to the services
Hoer shall furnish tests, inspections and reports required by law or the Contract Documents, such as
edlanical, and chemical tests, tests for av and water pollution, and tests for hazardous materials.
legal, insurance and accounting services, including auditing services, that maybe
1r the Project to meet the Owner's needs and interests.
vide prompt written notice to the Architect and Construction Manager if the Owner
or defect in the Project, including errors, omissions or inconsistencies in the Architect's
§ 5.12 Except as otherwise provided in the Contract Documents or when deed wmmunications have been specially
authorized, the Owner shall endeavor to communicate with the Contractor through the Construction Manager, and
shall contemporaneously provide the same cemmunications to the Architect about matters arising out of or relating to
the_ contract I)¢cpments. Communications by and with the Architect's consultants shall be through the Architect.
§ 5.13 B_ afore executing the Contract for Construction, the Owner shall coordinate the Architect's duties and
responsibilities set forth m the Contract for Construction with the Architect's services set forth in this Agcement. The
Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the
r.
General Conditions of the Contract for Construction.
INITIAL
IniL AIA Document B132~ - 2009 (tormaAy B141 ^'CMa -1992). Copydght ®1882 entl 2009 by 7ha American Insdtule of Arohaecls. All dphta reearved.
WARNING: Thla AIA Document b protected by U.S. Copyright Lew and IntemaUonal Treatlea. Unauthorized reproduction or disldbWlon of this AIA° ,15
Document, or any poAlon of lt, may resuk In severe civil entl criminal penalUee, and will be prosecuted to the maximum extent poaslble under the law.
/ Thls tlowmerd was produced by AIA software at 09:54:68 on 06/30/2011 under Order No.4386332623_7 which e~ires on 03/01/2012, and Is not /or resale.
Uear Notes: (1431260749)
§ 5.74 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall
obligate the Constmction Manager and Contractor to provide the Architect access to the Work wherever it is in
preparation or progress.
ARTICLE-6 COST OF THE WORK
§;,6.7 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 end 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 ConsW coon Phase only, including compensation for reimbursable
eiipenses 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, contingercies for changes in the Work or other costs that aze the responsibility of
the Owner.
Cost ofthe Work is provided in Inifial Information, and maybe adjusted throughout
ions 5.4 and 6.4. Evaluations of the Owner's budget for the Cost of the Work
t as a design professional.
i
1
he Construction Manager to include appropriate contingencies for design, bidding or
td mazket conditions in estimates of the Cost of the Work.llre Architect shall be
and completeness of estimates of the Cost of the Work the Construction Manager
rsses with its Basic Services.117eArchitect shall prepaze, as an Additional Service,
Stations or other documents required due to the Construction Manager's inaccuracies
cost estimates. The Architect may review the Construction Manager's estimates solely
completion of its services, however, the Architect shall report to the Owner any
~sistencies noted during any such review.
INITJAL
§ ,6.6 If the Owner chooses to proceed under Section 6.5.2, the Architect, witheut-with additional wmpensation, shall
incorporate the required modifications in the Construction Documents Phase as necessary to wmply with the
Owner's budget for the`Cost of the Work , or the budget
as adjusted under Section 6.5.1.
AIADOCUment B732jY-2008 (formedy 8741 ^'CMa-1992). Copydght®1882 end 2008 by The Amedcen Institute of Arohitacla. All dghls reaened.
InIL WARNING: This AIA° Document la protected by U.S. Copyright Law antl International Treaties. UnauNOdzetl reproducaon or dialribullon of this AIA° ~s
Document, or any portion of N, may reauh In severe civil and criminal penahiee, end will be prosecuted to the maximum extent possible under the law.
/ This document was produced by AIA software at 08:54:99 on 06/30/2011 under Order No.4366332623_7 which expires on 03/01/2012, end is not for resale.
Uaer Nofes: (1431260749)
ARTICLE 7 COPYRIGHTS AND LICENSES
§ 71 The Architect and the Owner warrant that in transmitting instruments of Service, or any other information, the
transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit
such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service ar any
other information or documentation in digital form, they shall endeavor to establish necessary protocols governing
.such transmissions.
§ 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners oftheir respective
Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and
other reserved rights including copyrights. Submission or distribution of instruments of Service to meet official
r¢gulatory requrements or for similar purposes in connection with the Project is nd to be construed as publication in
derogation of the reserved rights of the Architect and the Architect's consultants.
§ _7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the
Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering
and addmgtotheProjecf, provided that the Owner substantially performs its obligations, includingpromptpayment of
all'sums when duo, underthis Agreement The Architect shall obtain similar nonexclusive licenses from the
Architect's consultanfs consistent with this Agreement. The license granted under this section permits the Owner to
authorize the Contractor, Construction Manager, Subcontractors, Sub•subcontractors, and material or equipmalt
suppliers, as well as the Owner's consultants and sepazate centractors, to reproduce applicable portions of the
Instruments of Seryice solely and exclusively for use in performing services or construction for the Project. If the
Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section
7.3 shall terminate.
§ =-7.3.1 in the event the Owner uses the instrumerts of Service without retaining the authors of the instruments of
Service, the Owner releases the Architect and Architect's censultant(s) from all claims and causes of action arising
from such uses. The Owner, to fhe extent permitted bylaw, further agrees to indemnify and hold hannless the
ASphnect and ifs consultants from all vests and expenses, including the cost of defense, related to claims and causes of
actwn asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the
~` Instruments of Service under this Section 7.3.1. The terms ofthis Section 7.3.1 shall not apply ifthe Owner rightfully
terminates this.. Agreement for cause under Section 9.4.
§ 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied
under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license
granted herein Io another party without the prior written agreement of the Architect. Any unauthorized use of the
instruments of Service shallbe at the Owner's sole risk and without liability to the Architect and the Architect's
consultants. ''
ARTICLE 8 CLAIMS AND DISPUTES
§ 8.~ General
§ ;8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or
otherwise, against the other arising out of or related to this Agrcement in accordance with the requirements of the
method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in
any case not more than 10 years after the date of Substantial Completion ofthe Work. The Ownar and Architect waive
all claims and causes of action nd commenced in accordance with this Section 8.1.1.
§ 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against
each other and against the contractors, consultants, agents and employees of the other for damages, except such rights
as Yhey may have,to the proceeds of such insurance as act forth in ATA Document A232-2009, General Conditions of
the Contract fd~ Construction. The Owner or the Architect, as appropriate, shall require ofthe Construction Manager,
contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties ~IUmerated
herein.
§ 8.1.3 The Architect shall indemnify and hold the Owner and the Owner's officers and employees harmless from and
against damages, losses andjudgments arising from claims by third parties, including reasonable attorneys' fees and
expenses rewverable under applicable law, but only to the extent they aze caused by the negligent ads or omissions of
the Architect, its employees and its consultants in the performance of professional services under this Agreement. The
AIA Document B1321Y-2009 (formady B747"'CMa-7892). Copyright®1882 end 2009 by The Amedcen Instltuta of ArchilecLa. All rlghb reearvetl.
Inlt WARNING: Thla AIA° Document b protected by U.S. Copydght Law and Intemallonal Treaties. Unauthodzetl reproduction or tliatrlbunon or this AIA° 17
Document. or any poNOn or a, may resua In severe civil antl criminal penalties, end will ba prosecuted to the maximum extent posalble under the law.
/ Thla tlacument was produced by AIA sorlwere et 09:59:59 on 06/30/2011 under Order Na.4366332623_1 which expires on D3/Dt/2012, end Is not rot resale.
User Notes: (1431260748)
Architect's duty to indemnify the Owner ands this provision shall be limited to the available proceeds of insurance
coverage.. .
§ 8,1.4Tlte Architectand Owner waive consequential damages for claims, disputes or other matters in question azising
out of or elating to this Agreematk This mutual waiver is applicable, without limitation, to all consequential damages
due to either party's termination of this Agreement, except as specifically provided in Section 9.7.
6A 9-AAarliafinn
§ 8.2.1 My claim, dispute or other matter in question azising out of or related to this Agreement shall be subject to
mediation as a condtHon precedent to binding dispute resolution If such matter relates to or is the subject of a lien
arising out ofth Archrteok's services, the Architect may proceed in accordance with applicable law to comply with the
lien notice or'filmg deadlines prior to resolution of the matter by mediation or by binding dispute resolution.
§ 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between
them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American
Arbitration Associatipn; in -accordance with its Construction Industry Mediation procedures in effect on the date of the
Agrcemenk A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed
with the person or entity administering the mediation. The request may be made concurretrtly with the filing of a
complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in
advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days
from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration
proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s)
and agree upon a schedule for liner proceedings.
§ 8 2.3 The parties shall;hare the mediator's fee and any filing fees equally. The mediation shall be held in the place
where the project is located, unless another location is mutually agreed 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 mediation pursuant to this Section 8.2, the method of binding
dispute resolution shall be the following:
(Check the appropriate baz, If the Owner and Architect do not select a method of binding dispute resolution below, or
do Wert subsequently agree'in writing to a binding dispute resolution method other than litigation, the dispute will be
resolved in a court of competent jurisdiclort)
[ ~ Arbitration pursuant to Section 8.3 of this Agreement
INITIAL
AIA Document 8792"' - 2009 (formerly 8147"'CMa -19821. Copydghl O 1882 and 2009 by The Amedcen Instltute of Architects. All rights reserved.
Init. WARNING: Thl9 AIA° Document Is protected by U.S. Copyright Lawand Intematfonal Trestles. Unauthodzed reprotluetlon or dlaldbutlon of this AIA° 18
Document, or any portlen of R, may resua In severe civil and criminal penalties, and wIII be prosecuted to the maximum extent possible under the law.
/ This tlacument was produced by AIA saflwere at 09:54:58 on 06/30/2011 under Order No.4366332623 1 which expires on 03/01/2012, end Is not for resale.
User NOtee: -
(1431260746)
INITIAL
§ 9.2
- stick
scneaul
$ =9.3 I1
OR SUSPENSION
ales payments to the Architect in accordance with this Agreement, such failure shall be
r£ormance and cause for termination or, at the Architect's option, cause for suspension of
`-this Agreemenk If the Architect elects to suspend services, the Architect shall give
'the Owner before suspending services. In the event of a suspension of services, the
ity to the Owner for delay or damage caused the Owner because of such suspension of
rvices, the Architect shall be paid all sums due prior to suspension and any expenses
~d resumption of the Architect's services. The Architect's fees for the remaining services
be equifably adjusted.
the Project, the Architect shall be compensated for services performed prior to notice of
?oject is resumed, the Architect shall be compensated for expenses incurred in the
of the Architect's services. The Architect's fees for the remaining services and the time
3diusted:-
Project for more than 90 cumulative days for reasons other than the fault of the
ninate this Agreement by giving not less than seven days' written notice.
§ 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party
fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the
termination.
§ 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the
Owner's convenience and without cause.
§ 9 6In the event of termination not the fault of the Architect, the Architect shall be wmpensated for services
performed pnorto termination, togethcx with Reimbursable Expenses them
ue.
l
AIA Document B792TM- 2008 (formedy 8141 TMCMa -1992). Copydghl m 1 B92 and 2008 by The Amadcen Institute of Architects. All dghte reserved.
1DR WARNING: Thla AIA° Document b protected by U.S. Copydght Law and IMemafbnal Treatise. Unauthodzed reproducaon or dlstdbuUon of this AiA° 79
Documen4 arany pomon of 14 may resuN In severe civil and criminal penaNes, and will he preeecuted to the maximum extent possible under the law.
/ This documem was produced by AIA software a109:54:88 on 08/30/2011 under Order No.438B332623 1 which expires on 03/0112012, end Is not far resale.
User Notes: (14 3 7 280748)
%' § 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement
are set forth in Article 7 and Section 11.9.
ARTICLE ?10 MISCELLANEOUS PROVISIONS
10.1 This Agreement shall be governed by the law ofthe place where the Project is located, except that if the parties
have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern
Section 8.3.
§_ 70.2 Terms in this Agreement shall have the same meaning as those in AIA Document A232 2009, General
Conditions ofthe Contract for Construction.
§ 90.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal
representeGVes to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written
consent of the ether, except that the Owner may assign this Agrcem~it to a lender providing financing for the Project
if fhe lender agrees to assume the Owner's rights and obligations under this Agreement.
§ 10.4 Tfthe Owner requests the Architect to execute certificates, the proposed language of such certificates shall be
submttted to the Architect-for review at least 14 days prior to the requested dates of execution. Ifthe Owner requests
the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute
all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect
for revtew at least 14 days prior to execution. The Architect shall not be required to execute certificates or censents
that would 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 acticn in favor of
a th'lyd party against eitha~ the Owner or Architect.
§ 70,6 Unless otherwise required m this Agreement, the Architect shall have no responsibility for the discovery,
,presence, handling, removal or'disposal of, or exposure of persons to, hazazdous materials or toxic substances in any
form at the Project site.
§ 10.8 If the Architect or Owner receives information specifically designated by the other party as "confidential" or
"busmess proprietary," the receiving party shall keep such information strictly confidental and shall not disclose it [o
any other person except to'(1) its employees, (2) those who need to know the content of such information in order to
perform services or construchon solely and exclusively for the Project, or (3) its wnsultants and contractors whose
contracts include sunilarrestnctions on the use of confidential information.
ARTICLE 11 ' COINPENSATION
§ ,17 1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as
follows:
(/nsert amount of, or basis for, compensatorx)
Time and materials basis Der exhibit'A' (Attached).
§ f1.2 For Additional Services designated in Section 4.1, the Owner shall compensate the Architect as follows:
(truer! arriount-of, or basis for, compensation. If necessary, list specifrc services to which paHicular methods of
compensation apply.)
Time and materials basis Der exhibit'A' (Attached).
li`11TIAL
AIA Document B132"' -2009 (fomrady 8141 "'CMa -1992). Copydght ®1992 end 2009 by Tha Amedcen Institute of Architects. All dghb reserved.
Init WARNING: Thla AIA° Document b pretecled by U.S. Copyright Law and Inlemational Treatise. Unaulhodzetl reproduMion or dbtrlbudon of this AIA° .t~
Document. or any portion of il. may reauN In severe civil and criminel penalties, and will he prosecuted b the maximum extent posalble under the law.
/ This document was produced by AIA soflwere et 09:54:56 on 06/30/2011 under Order No.4366372623_7 which e~ires on 03/01/2012, end is not tot resale.
User Notes: (1431260746)
§ 11.3 For Additional Services that may arise during the course of the &oject, including those under Section 4.3, the
Owner shall compensate the Architect as follows:
(insert amount of, or basis for, compensation)
Time anti materials basis ner exhibit'A' (Attached).
§ _11.4 Compensation for Additional Services of the Architect's consultants when not included in Sections 11.2 or
11.3, shall be the amount invoiced to the Architect plus zero percent (0 %), or as otherwise stated below:
-seF
pereenE-f ~
pe~sent--f °63
PereeBt-f '/o)
pereeBt- f
P-f ~°)
hourly billing rates for services of the Architect and the Architect's consultants, if any, aze set forth below.
call 6e adjusted m accordance with the Architect's and Architect's consultants' normal review practices.
rle,._ attach an exhibit of hourly billing rates or insert them below.)
Employee or l:ategory , Rate (50.00)
§.11.8 Canpersa5on for Reimbursable Expenses
§ 71 81 ReimlursableExpenses are in addition to compensation for Basic and Additional Services and include
expenses incurred by title Architect and the Architect's consultants d'vectly related to the project, as follows:
stEes;-m~-e~at~ets; ,
.3 fees paid for securing approval of authorities havingjurisdiction over the project;
.4 :Printing, reproductions, plots, standazd form documents;
,5 Postage, handling and delivery;
.6 Expense of overtime work requiring higher than regulaz rates, if authorized in advance by the Owner;
.7 Renderings, models, mock-ups, professional photography, and presentation materials requested by the
Owner;
INITIAL
AIA Document 8132"' - 8009 (formerly B141 ^'CMa - 79921. Copydght m 1992 end 2009 by The Amadwn Inatllute of Arohilecls. All dghta reserved.
1NL WARNING: Thla AIA° Document is protected by U.S. Copydght Law and Intema0onal Treaties. Unaumodzetl reproduetlon or diatdbution of this AIA° 21
Document, or any portlen of N. may reauk In severe civil and criminal penal5ea, and will be prosecuted to the maalmum ardent possible under the law.
/ This dowmenl was produced by AIA soRware at 08:54:55 on 06/30/2011 under Order No.4368332823 1 which egrires on 03/01/2012, end is not for resale.
Uear NOtee: (1431280745)
.8 Architect'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 Architect's consultants;
.9 All taxes levied on professional services and on reimbursable expeBSes;
.AO--Site-eft'ie~expenses;and
§'14.8.2 For Reimbursable Expe<tses the compensation shall be the expenses incurred by the Architect and the
Architect's consultants plus percent ( %) ofthe expenses incurred.
§ :11.10 Payments 'to
§ 11 10.3 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed.
Payments are-due and payable upon presentation of the Architect's invoice. Amounts unpaid Thir[v (3~ days after
the mvoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from
tirrie to time a`t the principal place of business of the Architect.
+' (insert rate oJ'monthly or annual interest agreed upon.)
§ 11.10.3 The Owner sRa71 not withhold amounts from the Architect's cempensation to impose a penalty or liquidated
damages on the Arctiifect, or to offset sums requested by or paid to wntractors for the cost of changes in the Work
unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding.
§ 11.10.4 Records of Reimbursable Exyenses, expenses pertaining to Additional Services, and services performed on
the basis of hourly rates shall be available to the Owner at mutually convenieltt times.
ARTICLE 13 SPECIAL TERMS AND CONDRIONS
Special terms and conditions that modify this Agreement areas follows:
ARTICLE 13 'SCOPE OF THE AGREEMENT
§ 13.1 This Agreeroenf represents the entire and integrated agreement between the Owner and the Architect and
supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be
amended only by written instrument signed by both Owner and Architect.
INITIAL
J
§ 133'Ihis Agreement is comprised ofthe following documents listed below:
- ,1 ~ 'AIADocumentB132T1M-2009, Standard Form Agreement Between Owner and Architect,ConsWCtion
Manager as Adviser Edition
.2 tN,h BeetmieBt $201•*"' ~nn~ >,:g _r n_._ n.,...._,.r ~..r.:r,:~ if e0mpre.,.a _. ,~... C tl_..,:_s
AIA Document B132"' - 2009 (tomredy B741 ^'CMa -1992). Copyright O 1992 end 2009 by The American Ins9lute of Architects. All dghfs reserved.
InIL WARNING: Thle AIAa Document B protected by U.3. Copyright Law and Intematlonal Treanea. UnauNOdzed reproduction or disUlbuUon of this AIA° 33
Document, ar any poRlon of R may resuR In severe civil and criminal penalUea, end will be prosecuted to the maximum extent possible underthe law.
) This tlocumeM was produced by AIA software e109:54:68 on 06/30/2011 under Order No.4366332623_7 which expires on 03/01!2012, and la not (or resale.
Uear NOtee: (1431260746)
AIA Document 8134"'- 2009 (formedy 8141'rrCMa -1892). Copyright ®1992 end 2009 by The Amedwn Instltute of Archilecls. All dghls reserved.
IOR' WARNING: Thla AIA° Document b protected by U.3. Copyright Law and Intamagonal Treatise. UnauNodzed reproducdon ar dlstAhullon of this AIA° 23
Document. or any portion of IR may reauk In severe civil and criminal penalties, antl will be prosecuted to the maximum extent possible antler the law.
/ This document was produced by AIA software et 09:b4:59 on 06/30/2011 under Order No.4366332623_t which e>rpires on 03/01/2012, end Is not for resale.
User Notes: (1431260746)
EXIIIBIT `A'
The following represents ZGA's compensation rates for services provided
on a time and expense basis for 2011:
Principal $120-140 per hour
Senior Project Manager $95-115 per hour
Project Architect $75-90 per hour
Intern Architect (CARD) $50-70 per hour
Administrative/Clerical $45-70 per hour
Consultants Cost to ZGA
Reimbursable Expenses Cost
Reproduction Drawings (paper) $1.25/sheet
Reproduction 8'/z x 11 copies $0.15/sheet
r"
t I~~~~~~• 1.
Architects and Planners
565 West MyRle Street, Suite 225,
~ Boise, Idaho 83702
Phone (208) 345-8872 Fax: (208) 343-7162
TO: Mr. Ted Baird, Deputy City Attorne
c/o: Jacy Jones
Meridian City Clerk's Office
City of Meridian
33 East Broadway Avenue
Meridian, ID 83642
LETTER OF TRANSMITTAL
DATE: 7-1-11 ~ JOB NO. 1114.00
ATTENTION:
WE ARE SENDING YOU:
® Attached ^ Under separate cover via the following items
^ Shop drawings ^ Prints ^ Plans ^ Sample ^ Specifications
^ Copy of letter ^ Change Order ^
COPIES DATE NO. DESCRIPTION
1 5-28-11 Pro osal Letter
1 5-31-11 AIA B132 Standard Form of A Bement Between Owner and Architect
2009 Construction Mana er as Advisor Edition
THESE ARE TRANSMITTED as checked below:
® For Approval ^ Accepted as submitted
^ For your use ^ Accepted as noted
® As requested ^ Not Accepted -Resubmit
^ For review and comments ^
^ FORBIDS DUE 20
^ Resubmit copies for approval
^ Submit copies for distribution
^ Return corrected prints
PRINTS RETURNED AFTER LOAN TO US
REMARKS:
COPY TO: File/Div. A
C:IPRQJEC751 7/1/2011 9:37AM ~'' ~
If enclosures are no[ as noted. Kindly no/ify as a/once.
/E~ i/~ 1
• Ma
28
2011
~ y
,
Archilecfs and Planners, Charfcrcd Mr, Ted Baird
Deputy City Attorney
City of Meridian
33 East Broadway Avenue
Meridian, ID 83642
Thomas M. Zahala, AIA Re: Meridian City Hall Remediation
Michael G. Simmnnds, AIA
ZGA Proj ect No.: 1114.00
Steven C. Turner, Ain
Dear Mr. Baird:
We appreciate the opportunity to assist the City of Meridian in their
efforts to resolve certain aspects of the City Hall building that may be
performing below expectation. As requested we have prepared this
proposal, for your consideration, to assist the City of Meridian with
architectural services for remediating existing conditions.
ualifications Assum tions and Antici ated Work Sco e
We know that many detailed aspects of the project will continue to
evolve through the completion of the investigation phase and that
additional collabora$on will be required to finalize certain aspects of
the specific remediation elements. In order to establish the general
project scope and the services that we are to provide, we have made
certain assumptions based upon our understanding of the project
parameters and requirements as reflected below:
1. The City of Meridian has identified specific aspects of the
Meridian City Hall building and grounds, located at 33 East
Broadway Avenue, Meridian, Idaho, that they believe do not
Memhes meet building performance expectations. These have been
itemized in the "Work Completion Issues" document provided by
Ameriraa tasti[ole otArrhiterrs the City of Meridian, dated 5-19-11 (Attachment `B'). To that
end, the City of Meridian has engaged a Construction Manager
(adviser), Kreizenbeck Constructors, Inc., to assist them in the
remediation ofnon-performing construction.
565 W Myrtle Street, Sui[e 225
Boise, Idaho 83702-7606 2, ZGAArchitects and Planners, Chartered, will assist the City and
(208) 345-8872 its Construction Manager in the investigation of existing
Fax ~zos~ 343-rt6z
e-mail: zga~zga.com construction conditions, identified by the City of Meridian, and
will, in concert with the Construction Manager, propose soluflons
for remediation for consideration by the City.
3. A representative of the City will be designated to work with the
Fstahrsnea r9~3 Construction Manager and the Architect.
Mr. Ted Baird
May 28, 2011
Page 2
4. Representatives of the City, Construction Manager, and Architect
will meet to define the extent and scope of each remediation item.
Prior to implementation of remediation solutions and procedures
the City Council will review the recommendations provided by
the Architect and Construction Manager and will provide
direction as to how each remediation activity is to proceed. The
Architect and Construction Manager will not proceed until
formal direction by the City of Meridian has been provided.
5. ZGA will review existing building conditions (identified by the
Owner as requiring remediation), as directed by the Owner, and
document observed in-place construction. The Architect may
also create measured drawings as directed by the Owner. The
City may authorize the Construction Manager to provide limited
removal of existing construction in order to accurately observe
and determine the various aspects of existing conditions that may
require remediation. ZGA will work with the Construction
Manager in reviewing existing conditions of construction and
proposing recommendations based upon the observed conditions.
6. Based upon concurrence by the CiTy of Meridian and the
Construcfion Manager ZGA will engage and work with other
design consultants on the City's behalf to prepare and assemble
appropriate bidding and construction documents necessary for
the procurement and execution of the work.
Fee Proposal
Based upon our understanding of the project and the anticipated
services we propose that our fees be established as follows:
Investigative Services, Construction Documents, Bidding, and
Construction Administration Services
We propose that our fees for Investigative, Construction Documents,
Bidding, and Construction Administrative services be on a time and
materials basis.
As an alternative, at the end of Investigative Services for each Work
Completion Issue, we can provide a fixed fee for Construction
Documents, Bidding, and Construction Administration on an item by
item basis.
~t
Mr. Ted Baird
May 28, 2011
Page 3
The purpose of this letter is to define our proposed basic agreement
with the City of Meridian for remediation assistance services related
to the City Hall building. If this proposal meets with your approval
we will execute AIA "Standard Form of Agreement Between Owner
and Architect" (AIA Document B 132, attached for your review) or
other agreement document of your choice.
We very much appreciate the opportunity to be of assistance and look
forward to working with you and all of the project stakeholders.
Please contact me if you have questions or need additional
information.
Sincerely,
and Planners, Chartered
G Sirlamonds, AIA
cc: Job File/Div.A
~t
Meridian City Council Meeting
DATE: July 5, 2011 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE:
Items Moved from Consent Agenda
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE: E-MAILED TO
STAFF SENT TO
AGENCY SENT TO
APPLICANT NOTES INITIALS
Meridian City Council Meeting
DATE: JuIV 5, 2011 ITEM NUMBER: 7/~
PROJECT NUMBER:
ITEM TITLE:
Continued from June 28, 2011: Public Comment: Ordinance No. 1 1-1485: An
Ordinance of the City of Meridian, Enacting a New Section, Title 8, Chapter 6, Section
2, Relating to Performance and Warranty Surety for Public Infrastructure (First Reading)
MEETING NOTES
~ ~ ~-ead~nq C'om p12~ ~ ~Co ~o~ ~`'l
`~v~ , ~IaI ~~
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE F/NAL ACTION
DATE: E-MAILED TO
STAFF SENT TO
AGENCY SENT TO
APPLICANT NOTES INITIALS
Meridian City Council Meeting
DATE: JuIV 5, 2011 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE: Resolution No. 11-795
Amended onto the Agenda: Resolution No. 11-795: Bittercreek Nullification
Agreement
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACT/ON
DATE: E-MAILED TO
STAFF SENT TO
AGENCY SENT TO
APPLICANT NOTES INITIALS
CITY OF MERIDIAN RESOLUTION NO. 11- `I 9 S
BY THE CITY COUNCIL: BII2D, HOAGLUN, ROUNTREE, ZAREMBA
A RESOLUTION RESCINDING COUNCIL ACTION APPROVING THE BITTERCREEK
MEADOWS NULLIFICATION AGREEMENT; AND APPROVING A REVISED BITTERCREEK
MEADOWS NULLIFICATION AGREEMENT; AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF THE CITY OF
MERIDIAN; AND AUTHORIZING THE MAYOR TO EXECUTE CERTAIN DEEDS AND
DIItECT STAFF ACTIONS TO CARRY OUT THE REQUH2EMENTS OF SAID AGREEMENT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, at its regular meeting held June 20, 2011, the Meridian City Council approved the
Bittercreek Meadows Nullification Agreement dated June 16, 2011 (hereinafter the "June 16, 2011
Agreement"); and
WHEREAS, subsequent to the parties executing the June 16, 2011 Agreement, it was determined
that the individual signing for the Bittercreek Meadows HOA did not have adequate legal capacity to
execute the agreement on behalf of said HOA; and
WHEREAS, the individual who has signed the July 5, 2011 version of the Bittercreek Meadows
Nullification Agreement now has apparent authority and adequate legal capacity to execute the Agreement
as President of the Bittercreek Meadows HOA.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF MERIDIAN, IDAHO AS FOLLOWS:
SECTION 1. That the City Council Action taken on June 20, 2011 to approve the Bittercreek
Meadows Nullification Agreement be rescinded.
SECTION 2. That the July 5, 2011 version of the Bittercreek Meadows Nullification Agreement is
hereby approved.
SECTION 3. That the Mayor and City Clerk be, and they hereby are, authorized to, respectively
execute and attest said Agreement for and on behalf of the City of Meridian.
SECTION 4. That the Mayor and City Clerk be, and they hereby are, authorized to respectively
execute and notarize the quitclaim deeds as required by sections 5.1 and 5.2 of the Agreement.
SECTION 5. That the Mayor is hereby authorized to direct City Staff to transfer the ownership of
certain water rights as specified in section 5.1 of the Agreement.
RESOLUTION FOR BITTERCREEK NULLIFICATION AGREEMENT
SECTION 6. That the Mayor is hereby authorized to direct City Staff to release certain funds as
specified in sections 5.3 and 5.4 of the Agreement
SECTION 7. This Resolution shall be in full force and effect immediately upon its adoption and
approval.
ADOPTED by the City Council of the City of Meridian, Idaho, this ~ day of
~y~~ , 2011.
APPROVED by the Mayor of the City of Meridian, Idaho, this J` day of ,) ~ ~ ~ ,
2011.
1111111111111~~~
\~
,~+``~~~p OF f'~9~,~1 ~''~~.
CZ' ~'ORP03`.q r O
e
ATTEST: ~~A~~°
By. ~' o"'
APPROVED: ///_
Mayor Tammy de Weerd
~CTiNG MAYOQ ~Au/D ZARNFM'fS~
(SEAL)
Ilnlulm
RESOLUTION FOR BITTERCREEK NULLIFICATION AGREEMENT
ADA COUNTY RECORDER Chrislspher D. Alch AMOUNT .OD 12 !
BOISE IDAHO 07!13111 11,21 AM
DEPUTY VIcNIAllen III IIIII~I~III~I~IIII~IIII~~I~IIII~II i
RECORDED-REgUEST OF 111055937 ',
Merldlan Clry
REVISED NULLIFICATION AGREEMENT
THIS AGREEMENT is made and entered into this 5th day of July, 2011, by and
between CITY OF MERIDIAN, a Municipal corporation of the State of Idaho, hereinafter
referred to as "CITY", and JLJ ENTERPRISES INC, or assigns, as hereinafter defined,
BITTERCREEK, LLC, or assigns, as hereinafter defined, and, the BITTERCREEK MEADOWS
HOMEOWNERS ASSOCIATION, hereinafter referred to individually or collectively as
"SEWERlWATER USER," Developer, or HOA. City, Bittercreek LLC, HOA, and JLJ
Enterprises, Inc, may hereinafter be collectively referred to as "Parties."
1. RECITALS:
1.1 WHEREAS, "JLJ Enterprises Inc. is the developer of certain tract of land
in the County of Ada, State of Idaho, more particularly described as the amended plat of
BITTERCREEK MEADOWS SUBDIVISION, according to the official plat thereof recorded on
the 27a' day of June, 2006 in Book 95 of plats at pages 11732 through 11735, as instrument No.
106102994, hereinafter reforred to as the "Property"; and
1.2 WHEREAS, CITY OF MERIDIAN, a Municipal corporation of the State
of Idaho, hereinafter referred to as "CITY", and JLJ ENTERPRISES INC. or assigns, as
hereinafter defined, have previously engaged in Agreements to provide Sewer and Water Service
to Bittercreek Meadows subdivision; and
1.3 WHEREAS the parties have engaged in three (prior) agreements (])the
original Memorandum of Understanding between JLJ Enterprises, Inc. and the City of Meridian
approved by the City of Meridian on or about October 4, 2005. This agreement is only
represented for historical purposes. This agreement was superseded by,4greement 2 and (2) the
Amended Bittercreek Meadows Agreement for Water and Sewer Service approved by the City of
Meridian on or about May 16, 2008. (3) The parties then fmally entered into the Second
Amended Bittercreek Meadows Agreement for Water and Sewer and Water Service approved by
the City of Meridian on or about June 1, 2010. Bittercreek LLC and Bittercreek Meadows HOA
were added to these latter agreements for the sole purpose of understanding their responsibilities
under the agreements.
1.4 WHEREAS the Parties have now determined that it is in the mutual
interests of all parties to dissolve all existing agreements and obligations and for all parties to
proceed in another direction for sewer and water services.
2.
For all purposes of this agreement the following words, terms, and phrases herein
contained in this section shall be defined and interpreted as herein provided for, unless the clear
context of the presentation of the same requires otherwise:
REVISED NULLIFICATION AGREEMENT BETWEEN CITY OF MERIDIAN AND JLJ ENTERPRISES
AND BITTERCREEK MEADOWS nOA - 1
2.1 "Agreement 1"means the original Memorandum of Understanding between
JLJ Enterprises, Inc. and the City of Meridian approved by the City of Meridian on or about
October 4, 2005. This agreement is only represented for historical purposes. This agreement
was superseded by Agreement 2.
2.2 "Agreement 2" means the Amended Bittercreek Meadows Agreement for
Water and Sewer Service approved by the City of Meridian on or about May 16, 2008. This
agreement superseded Agreement I.
2.3 "Agreement 3" means the Second Amended Bittercreek Meadows Agreement
for Water and Sewer Service approved by the City of Meridian on or abcut June 1, 2010.
2,4 "City": means and refers to the City of Meridian, County of Ada, State of
Idaho.
2.5 "Sewer/Water User": means and shall refer to JLJ Enterprises Inc, and/or
the person who is the developer of the real property, and the current homeowners.
2.6 "Developer": means JLJ Enterprises, Inc. or its successors or assigns.
2.7 "Real Property": means and shall refer to the real property located in the
County of Ada, as described in the Amended Plat of Bittercreek Meadows Subdivision as
recorded in the land records of Ada County, Idaho at Book 95, Pages 11732 and 11733 and by
this reference incorporated herein,
2.8 "Ordinance": means and shall refer to the City's ordinances that
appertain to the regulation and control and use of its Sewer/Water system presently at Meridian
City Code § 9-4-26 and 9-1-16, and this definition specifically includes any prospective
amendments and/or recodifications to said ordinance or any parts thereof, and shall also refer to
any other ordinance of the City of Meridian governing the "SewerlWater System".
2.9 "Policy/Begulations": means and shall refer to any City Council enacted
policy and/or regulation of its Sewer/Water system.
2.10 "Sewer/Water System": means and shall refer to the City's Sewer/Water
system.
NOW THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
3. INCORPORATION OP RECITALS:
That the above recitals are contractual and binding and are incorporated herein as
if set forth in full.
REVISED NULLIFICATION AGREEMENT BETWEEN CITY OF MERIDIAN AND.JLJ ENTERPRISES
AND BPPTERCREEK MEADOWS HOA - 2
4. PROVISIONS OF SEWER AND WATER LINES:
4.1. SEWER SERVICE
In Agreement 2 the parties anticipated the construction of the pressure sewer line
and water line extension to be completed jointly by December 31, 2009 and then ultimately
extended to March 30, 2011. The parties now agree to dissolve all agreements and release all
parties from the performance as described in Agreement 2.
4.2. WATER SERVICE
In Agreement 2 the Developer was responsible to install a water main and
accompanying water line extensions at Developer's sole cost incoordination with the City's
sewer lift station and line extension project earlier noted within 12 months of approved and
permitted plans but by no later than December 31, 2009 and then ultimately extended to June 30,
2011 . The parties now agree to dissolve all agreements and release all parties from the
performance as described in Agreement 2.
5. CONDITIONS FOR DISSOLUTION
5.1 The City shall rescind its acceptance of the drinking water well and well
lot and revert the ownership of the well lot and well back to the Bittercreek Meadows Water &
Sewer Users Association, an Idaho non-profit corporation ("BWSA") by quitclaim deed free of
any encumbrances. The City shall also transfer ownership of the water right associated with the
well to BWSA at its own expense. Once the conveyance is recorded by the City of Meridian,
then the operation and maintenance of the well and well lot shall become the sole responsibility
of BWSA. B W5A and the HOA will enter into a separate agreement for maintenance and
operation of the existing water and sewer services.
5,2 The City shall rescind its acceptance of the lot designated for the lift
station as contemplated by Agreement 2 and revert the ownership back to JLJ Enterprises by
quitclaim deed free of any encumbrances created by the'City.
5,3 The City shall remit to the current Bitterereek property owners all fees
received by the City pursuant to Agreement 2 for water and sewer connections and meters in the
amount of $50, ] 83.00 according to Attachment A of this Agreement as consideration for the
terms, conditions and releases set forth herein.
5.4 The City shall remit Four Hundred and Thirteen Thousand Three Hundred
Forty Seven Dollars and fifty four cents ($413,347.54) to JLJ Enterprises as consideration for the
terms, conditions and releases set forth herein.
5.5 All parties mutually release each other from any further obligation to
build, construct, pay for, and/or maintain any sower or water service line to the City of Meridian.
REVISED NULLIFICATION AGREEMENT BETWEEN CITY OF MERIDIAN AND JLJ ENTERPRISES
AND BTTTERCREEK MEADOWS HOA - g
1
S.6 The Consent to Annexation and all slated documents previously recorded
shall be released by the City of Meridian at its expense,
S.7 The City will transfer, release or reinstate any easement that was created
or modified as part of any of the agreements referenced or recited herein to BWSA.
5.8 JLJ will modify the existing Covenants, Conditions and Restrictions of the
HOA to remove any obligations ntnning from the City to the real property.
6. RELEASE OF ALL CLAIMS, DUTIES Olt REQUIREMENTS
All parties agree to release all claims, real or imagined as contemplated by this
Agreement and all prior agreements; and any and all duties or requirements of any parry as
contemplated by the prior agreements
7. NOTICES:
Any notice desired by the pal1ies and/or required by this Agreement shall be
deemed delivered if and when personally delivered or three (3) days after deposit in the United
States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as
follows:
CTl'Y:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
with copy to:
Public Works Director
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
PROPERTY OWNERS:
JLJ Enterprises Ina,
& Bittercreek, LLC
and
James L. Jewett
2040 S Eagle Rd Meridian ID 83642
Bittercreek Meadows
HOA President
Meridian, Idaho 83642
with copy to:
Trout, Jones, Gledhill,
Fuhrman, and Gourley P.A.
Attn: Stephen J. Gledhill
P.O. Box 1097
Boise, ID 83701
S. ATTORNEY FEES:
Should any litigation be commenced between the parties hereto concerning this
Agreement, the prevailing party shall be entitled, in addition to any other relief as maybe
REVISED Ni1LLIFICATION AGREEMENT BETWEEN CITY OF MERIDIAN ANA JLJ ENTERPRISES
AND BITTERCREEK MEADOWS HOA - r}
granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a sepaz~ate contract between the parties and
shall survive any default, terminafion or forfeiture of this Agreement,
9. TIME IS OF TIIE ESSENCE:
The parties hereto acknowledge and agree that time is strictly of the essence with
respect to each and every term, condition and provision hereof, and that the failure to timely
perform any of the obligations hereunder shall constitute a breach of and a default under this
Agreement by the other party so failing to perform. Any extension of any time lines may be for
by acts of (3od, war, delays beyond control of the City, delay caused by third parties and/or
agencies.
10. BINDING UPON SUCCESSORS:
This Agreement shall be binding upon and inure to the benefit of the parties'
respective heirs, successors, assigns and personal representatives, including "City's" corporate
authorities and their successors in office. This Agreement shall be binding on the owner of the
property, each subsequent owner and each other person acquiring an interest in the Property.
Nothing herein shall in any way prevent. sale or alienation of the Property, or portions thereof,
except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed,
11. INVALID PROVISION:
If any provision of this Agreement is held not valid by a court of competent
jurisdiction such provision shall be deemed to be excised there from and the invalidity thereof
shall not affect any of the other provisions contained herein. If this Agreement is adjudged or
rendered null and void in its entirety, the agreements referenced in the recitals herein shall be of
full force and effect.
12. FINAL AGREEMENT:
This Agreement sets forth all promises, inducements, agreements, conditions and
understandings between JLJ Enterprises Inc., Bittercreek, LLC, and Bittercreek Meadows
Homeowner's Association and "City" relative to the subject matter hereof, and there are no
promises, agreements, conditions or understanding, either oral or written, express or implied,
between the parties, other than as are stated herein or the exhibits or agreements referenced
herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or
addition to this Agreement shall be binding upon the parties hereto carless reduced to writing and
signed by them or their successors in interest or their assigns, and pursuant, with respect to
"City", a duly adopted resolution of "City".
REVISED MOLLIFICATION AGREEMENT BETWEEN CITY OF MERIDIAN AND JLJ ENTERPRISES
AND IiITTERCREEK MEADOWS HOA - $
13. EFFECTIVE DATE:
This Agreement shall be effective at such time as all parties have executed this
Agreement and the Agreement is approved by the City Council of the City of Meridian.
14. NOTICE OF DEFAULT AND CLAIM:
IIpon acceptance and execution ofthis Agreement by the parties hereto, the
Notice of Default and Notice of Claim filed by the HOA on May 19, 2011 are deemed
withdrawn.
REVISED NULLIFICATION AGREEMENT BETWEEN CITY OF MERIDIAN AN- JLJ
AND BITTERCREEK MEADOWS HOA - 6
ACKNOWLEDGMENTS
IN WITNESS WIIEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
Dated this day of 2011.
v
By Ja}~nes L. Jewett Jt's President
lc, LLC, a lved Idaho limited liability
by Jam . J e(t, its Statutory Trustee
's Meadows
L. Jewett, i
CITY OF MERIDIAN
By: `~}~~ ~/I~~tl
MAYOR TAMMY DE WEERD
`,``,\``~ ~®fii~~it~/,~i~~c(INPi MA~Ie ~~ID~gRIM~
~'~+/ ~~i
ATTEST: ,•~~ C~~ ~'%
;r~~7` ~
~a~~
JAYC IiOLMAN, CITY CI,E ~i, 9°~
''~~~,,~Ul~~ ~ , ,.~,
REVISED NULLIFICATION AGREEMENT BETWEEN CITY OF MERIDIAN AND JLJ ENTERPRISES
AND BTTTERCREEI~ MEADOWS HOA -'J
STATE OF IDAHO )
County of Ada )
ss.
On this 0 day of in the year 20] 1, before me, the
undersigned, a Notary Public, personally appeared, JAMES L. JEWETT, known or identified to
me to be the President of JLJ Enterprises Ina
IN WI I'NESS WHEREOF, T have hereunto set my hand and affixed my official
seal, the day and year in this certificate first above written.
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STATE OF IDAHO )
County of Ada )
Notary PuHI
Residing at:
My Commi:
ss.
On this day of , in the year 2011, before me, the
undersigned, aNotary Public, personally appear ,JAMES L. JEWETT, known or identified to
me to be the Statutory Trustee of Bittercreek, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal, the day and year in this certificate first aboveLwritten. //
<,~ •y Notary P lic for daho
t~
~ NOTAgr ''~'2 ; Residing at:
+•+ = My Commissio Expires: ~ - Lam/
~ pU941G ,S
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'•.,.F OF 19p,•~•~
REVISED NULLIFICATION AGREEMENT BETWEEN CITY OF MERIDIAN AND JLJ ENTERPRISES
AND BITTERCREEK MEADOWS HOA - 8
STATE OF IDAHO )
County of Ada
ss.
On this day of , in the year 2011, before me, the
undersigned, a Notary Public, personally appeared, mes L Jewett, known or identified to me to
be and President of Bittercreek Meadows Homecwner's Association, who executed the
instvment.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal, the day and year in this certificate first above written.
~puuuu,i~~~~ ~ Ol (~i~L
a~ ~ y0 3r4' C.G.~~ ~ n
g •r NDT~R ,.y N~a y P is fo • I aho
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~~~' MyCommissio xpires: c-/~/~7 d//
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STATE OF IDAHO )
ss.
County of Ada )
On this ~ day of t~tL~ , in the year 2011, before me, the
undersigned, a Notary Public, personally appeared ~~ and JAYCEE
HOLMAN, known or identified to me to be the Mayor and ~` erlc, respectively, ofthe City of
Meridian, who executed the instrument or the persons that executed the instrument on behalf of
said City, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal, the day and year in this certificate first above written.
/I~1~AGG~1
Notary Public r Idaho
Residing at: ~C.lnG~lccv~ t l1
My Commission Expires: 6 a. n •`_, col d
REYISED NULLIFICATION AGREEMENT BETWEEN CTTY OF MERIDIAN AND JLd ENTERPRISES
AND BITTERCREEK MEADOWS HOA - 9
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REVISED NULLIFICATION AGREEMENT BETWEEN CITY OF MERIDIAN AND JLJ ENTERPRISES
AND BITTERCREEIC MEADOWS HOA -10
RECORDING REQI/ESTED BYAND
WHENRECORDED RETURNTO:
James L. Jewett
JLJ Enterprises
2040 S. Eagle Road
Meridian, ID 83642
ADA COUNTY RECORDER Christopher D. Aieh AMOUNT .DD ;
B018E IDAHO 07113111 11,21 AM
REDOaoeD'` RED'uesr DF III 1111111 11111111 III IIIIIIIII IIII III
Merldlan Clry 1 t i ess936
(Space Above For Recorder's Use)
QIJITCI,AIM DEED
For good and valuable consideration the receipt of which is hereby acknowledged, The
City of Meridian, an Idaho Municipal Corporation ("Grantor"}, does hereby release and forever
quitclaim unto JLJ Enterprises ("Grantee"}, whose address is 2040 S. Eagle Road, Meridian ID
83642, and its heirs and assigns forever, all right, title and interest which Grantor now has or
may hereafter acquire in the following described real property situated in Ada County, State of
Idaho, described on Exhibit "A" attached hereto and made a part hereof.
TO HAVE AND TO HOLD, all and singular the said real property,
' together with all appurtenances, tenements, hereditaments, reversions,
remainders, rents, issues, profits, rights-of--way, and water rights in
anywise appertaining to the real property herein described, as well in law
as in equity, unto Grantee, and to its heirs and assigns forever.
WITNESS the hand of said Grantor this ~_ day of July, 2011
~~~~ 7/J.~~Ro/l
Tammy de Weerd, Mayor
~p,uunurrr,~ AGT+u4 MRYnR 11.O~JD ZAJ20Maet~'
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Jam`'%~ CblrNTy . ~~~.~~`:
rrnrrnm inu~"`
Holman, City Clerk
QUITCLAIM DEED-I BITTERCREEK PUMP STATION LOT
STATE OF TbAHO )
ss.
County of Ada )
On this .~ day of J ~l~ • 2011, before me J es'S ~ nc~ Joh25
personally appeared ~e~Areerd and 7aycee L. Holman, known or identified to me to be
the Mayor and City. e k; respec~ve~y~of the City of Meridian, the municipal corporation that
executed and attested the instrument or the person who executed and attested the inshument on
behalf of said rnunicipal corporation, and acknowledged to me that such municipal corporation
executed the same.
IN WI'T`NESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
_C~ \~
Noiuvt,~ 17vbItC {~r ~otkD
Res ~~ at Me~vtdlw-, tD
r'-+y ~ommtssti~-I Fxptres +/~ (aol~
QUITCLAIM DEED-2 BITTERCREEK PUMP STATION LOT
N
A ~ ~° e~ GPS, DOUNDARY,
H TOPOGRAPFIIC AND A.L.T.A.
SURVEYS
land Surveying, Inc. CONS DSCri~ONNES~TAKING
1121 E, State Street Suite 105 Eagle, Idaho 83616 office: 1-208.939.7373 fax: 1.268.939-7921
Job No. 06217
J.B.F.
2-1407
LEGAL DESCRIPTION
FOR
CITY OF MERIDIAN
Pump Station
Exhibit "A"
~,
Located in the North 1/2 of the Northwest 1/4 of Section 34, Township 3 North, Range 1
West of the Boise Meridian, Ada County, Idaho described as:
Commencing at the Northwest corner of Section 34, Township 3 North, Range 1 West of
the Boise Meridian, Ada County, Idaho and rutu:ing thence 889°17' 16"E 1160.74 feet
along the North line of said Section; thence 800°42'48"W 204.91 feet; thence
N89°1T 12"W 310,00 feet; thence 800°42'48"W 403.55 feet to a point of curve; thence
Southeasterly 408.83 feet along said curve to the left (Curvy data: Radius=685.00',
Delta=34°11'46", Chord Bearing and Distance=816°23'05"E 402.79 feet);'thence
833 °28'24"E 126.61 feet to a point of curve; thence Southeasterly 146.42 feet along said
curve to the left (Curve data; Radius=150.00', Delta=55°55'44", Chord Bearing and
Distance=561 °26' l6"E 140.68 feet); thence S89°24'08"E 15.00 feet; thence
864°39'49"E 34.09 feet to the Point of Beginning; thence 866°00'00"E 112.52 feet to the
East line of the Northwest 1/4 ofthe Northwest 1/4 of said Section; thence 800°52'44"W
] 05.98 feet along said East line to the Southeast corner of the Northwest 1/4 of the
Northwest 1/4 of said Section; thence N89°22' 13"W 241,33 feet along the South ]ine of
the Northwest 1/4 ofthe Northwest 1/4 of said Section; thence N00°37'47"E 166.27 feet
to a point on a curve; thence Easterly 97.51 feet along said curve to the left (Curve data:
Radius=175.00', Delta=31°55'33", Chord Hearing and Distance=873°26'21"E 96.26
feet); thence 889°24' 08"E 15.00 feat to a point of curve; thence Easterly 33.38 feet along
said curve to the left (Curve data: Radius=50.00', Delta=38°15'13", Chord Bearing and
Distance=N71 °28' 16"E 32.77 feet to the point of beginning.
Parcel contains 0.77 acres
RECORDING REQUESTED BYAND
WNENRECORDED RETURNTO:
ADA COUNTY REDOADEA Christopher D. Alch AMOUNT .OD
BOISE IDANO 07/13111 11;21 AM
RED ADED °kREODEST DF III IIIIIIIIIIIIII IIIIIIIIIIIIIIIII III
Msridlan City i 11055938
James L. Jewett
BMWSUA
2040 S. Eagle Road
Meridian, ID 83642
(Space Above Far Recorder's Use)
QUITCLAIM DEED
For good and valuable consideration the receipt of which is hereby acknowledged, The
City of Meridian, an Idaho Municipal Corporation ("Grantor"), does hereby release and forever
quitclaim unto the Bittercreek Meadows Water and Sower Users Association ("Grantee"), whose
address is 2040 S, Eagle Road, Meridian ID 83642, and its heirs and assigns forever, all right,
title and interest which Grantor now has or may hereafter acquire in the following described real
property situated in Ada County, State of Idaho, to-wit: `
Lot 7, Block 1 of the Amended Plat of Bittercreek Meadows Subdivision
recorded with the Ada County recorder's office ss Instrument No.
106102994 on or about the 27'" day of June, 2006
TO HAVE AND TO HOLD, all and singular the said real property,
together with all appurtenances, tenements, hereditaments, reversions,
remainders, rents, issues, profits, rights-of--way, and water rights in
anywise appertaining to the real property herein described, as well in law
as in equity, unto Grantee, and to its heirs and assigns forever.
WITNESS the hand of said Grantor this ~o _ day of Ju]y, 2011.
JEJ~fU~'-^~ 7'~ d ~ a.ar r
Tammy de Weerd, Mayor
AcrW4' MAy~R 17pv~a zFF2d>v1alA'
QUITCLAIM DEED-1
.~ ~~ a`~a~r~.
o
~~.Y~~~,
~~y~ TWO
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~~~''~~~ ~~OUuiiT'(, ~O~
~~~~nnm nnN~~~
L. Holman, City Clerk
BITTERCIIEEK WELL LOT
STATE OP IDAHO )
ss.
County of ~ __ )
On this ~a day of w1~ , 2011, before me Jest ems. J~,reS
personally appeared crel~d Jaycee L. Holman, known or identified to me to be
the Mayor and City er c, res e~tive°1'y, of the City of Meridian, the municipal corporation that
executed and attested the instrument or the person who executed and attested the instrument on
behalf of said municipal corporation, and acknowledged to me that such municipal corporation
executed the same.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certi#icate first above written.
QUITCLAIriI DEED-2
('i6L
I~IO'I"Ocvt.~ ~~~~~V~~~~~IG~~rEX IdC~6t(~
Res~,71.-iq pt+ ~-~(Lrtdlav~ (do~L~c7
M~ Co iS3ta~ exp~r~ t~4(avt~,
BITTERCREEK WELL LOT
Meridian City Council Meeting
DATE: July 5, 2011 ITEM NUMBER: $,q
PROJECT NUMBER:
ITEM TITLE:
City Council: Budget Amendment for the Solid Waste Advisory Commission in the Not-
to-Exceed Amount of $10,000.00
MEETING NOTES
d~ pp Y-o~rer~
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE: E-MAILED TO
STAFF SENT TO
AGENCY SENT TO
APPLICANT NOTES INITIALS
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Meridian City Council Meeting
DATE: July 5, 2011 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE:
Human Resources Department: Elected Officials Compensation Committee
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE F/NAL ACTION
DATE: E-MAILED TO
STAFF SENT TO
AGENCY SENT TO
APPLICANT NOTES INITIALS
E IDIAN~--
IDAHO
July 5, 2011
To: Mayor and City Council
From: Elected Officials Compensation Committ e
Bill Nary, City Attorney/HR Directo~
Re: Report for 2011
MayorTammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
Pursuant to Meridian City Code 1-6-5 (C) and 1-7-9 (C) a committee of citizens was formed and
approved by the City Council to review compensation of the City's elected officials for the next
two years as required by Idaho Code YYY. The Committee was comprised of Bill Nary, the City
Attorney/Human Resources Director; Joe Borton, a former Meridian City Council member; Dr. Tom
Hammond, a current Historic Preservation Commission member; Clint Shiflet, the current Chamber of
Commerce Board Chairman; Chris Klein, a local businessman with Edward Jones Investments and Tom
Sauer a member of the City's Solid Waste Advisory Commission. The Committee met on three occasions
(June 8, 15, 22, 2011) to discuss the compensation for the City's elected officials.
The Committee reviewed a report prepared by the Association of Idaho Cities (AIC) ;the current pay and
benefits received by the elected officials; past history and changes implemented over the last 3 election
cycles; and methodology and philosophy of compensation methods. The Committee reviewed the current
pay structure for other City work groups i.e. Police, Fire, and General employees and the corresponding
pay increases and methodology of pay and compensation for those work groups. The committee
vigorously discussed a variable compensation program for the Mayor as part of change in focus and
trying to place a greater emphasis on effort that is above and beyond the expectations of the position.
After due consideration the Committee makes the following recommendation to the City Council for
elected officials compensation for 2012 and 2013:
o No change in the base salaries for both Mayor and City Council members for the next 2 years;
and
o Elected officials shall still continue to receive benefits in the same amount that they currently
receive; and
o The Committee recommends that a permanent committee be established to evaluate the
Mayor for variable compensation annually (Current group is willing to serve); and
o The Committee will establish benchmarks for annual performance review of the Mayor;
and
o The Committee will meet annually with the Mayor to discuss benchmarks and then later
in the s fiscal year to determine if benchmarks have been achieved; and
o The Committee then would make annual presentation to the City Council to recommend
whether Mayor should receive variable compensation based on performance; and
o The amount of final variable compensation will need to be approved by the City Council.
Meridian City Council Meeting
DATE: July 5, 2011 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE:
Future Meeting Topics
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACT/ON
DATE: E-MAILED TO
STAFF SENT TO
AGENCY SENT TO
APPLICANT NOTES INITIALS