Loading...
2012-01-17~~ivl E IDIAN~--- 6DAH0 CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 17, 2012 at 7:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun O Charlie Rountree X Keith Bird O Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Pastor Gordon Slyter with Treasure Valley Worship Center 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approval of ACHD Bid amount for the Pine/Cinder Intersection Project for the Not-To-Exceed amount of $137,608.00 B. Community Development Block Grant (CDBG) Sub-Recipient Agreement between Joint School District #2 and the City of Meridian moved to item 6, Approved C. Acceptance Agreement: Display of Artwork of Helen Grainger Wilson in Initial Point Gallery from August 31 to September 28, 2012 D. Acceptance Agreement: Display of Artwork of William Gardoski in Initial Point Gallery from March 30 to April 27, 2012 E. Acceptance Agreement: Display of Artwork of Dean Estes in Initial Point Gallery from August 3 to August 31, 2012 F. Acceptance Agreement: Display of Artwork of Elizabeth Meyer in Initial Point Gallery from June 1 to June 29, 2012 6. Items Moved From Consent Agenda Item 5B moved to Item 6 Meridian City Council Meeting Agenda -Tuesday, January 17, 2012 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 Cily Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 7. Action Items A. FP 11-013 Oakcreek No. 2 by Norpac, LLC Located at Northwest Corner of N. Black Cat Road and W. McMillan Road Request: Final Plat Approval Consisting of 41 Residential Building Lots and Six (6) Common Lots on 9.58 Acres in an R- 8Zoning District Approved B. Public Hearing Continued from December 20, 2011: AZ 11-001 Ten Mile Annexation by Janicek Properties, LLC; Fedrizzi Ten Mile, LLC; and SJJV, LLC Located West of S. Ten Mile Road and North of I-84 Request: Annexation and Zoning of 116.25 Acres of Land From RUT in Ada County to C-G Zone Approved 8. Department Reports A. Public Works: Discussion of Public Works Inspection Services B. Legal Department: Ada County Highway District Cost Share Permit - Ustick 8r Ten Mile Intersection 9. Future Meeting Topics Adjourned at 9:06 p.m. Meridian City Council Meeting Agenda -Tuesday, January 17, 2012 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Item #7A: Oakcreek Subdivision No. 2 (FP-11.013) RE C E V El j Application(s): SAN 1 ~7G72 - Final Plat CITY OF~CE"~`°"r Size of property, existing zoning, and location: This site consists of 9.58 acres, is currerk)j~ zT`6Fr~~,saR~FsICE located at near the southwest corner of McMillan Road & Black Cat Road. Summary of Request: The subject property was annexed and preliminary platted in 2006. The applicant has completed phase 1 which consists of 38single-family lots and 8 common lots on 11.63 acres. The applicant is seeking second phase approval consisting of forty one (41) residential lots & six (6) common lots on approximately 9.58 acres of land. The gross density proposed with this phase is 4.28 dwelling units to the acre with an average lot size of 6,400 square feet. Amenities with this phase include a bocce ball court and a horseshoe pit. Staff finds the proposed final plat to be in substantial conformance with the approved preliminary plat and recommends approval. Written Testimony since Commission Hearing: The applicant has provided written agreement with the staff report except for the requirement of two (2) street knuckle planter islands. The proposed planter islands are a requirement of the UDC (11-2A-3B.2). The applicant requests Council strike the first bullet on Condition #5, which requires internal planter islands to separate the knuckles from the through traffic as shown on the landscape plan due to changes in ACRD Policy Standards which now require the landscape islands to be included as part of the public right-of-way. ACHD has commented that they would prefer elimination of the islands due to increased maintenance. Notes: Item #7B: Ten Mile Annexation (AZ-11.001) Application(s): - Annexation and zoning of 116.25 acres of land with a C-G zoning district Size of property, existing zoning, and location: This subject property consists of (3) individually owned parcels totaling 116.25 acres of land zoned RUT in Ada County, located at the NWC of I-04 & S. Ten Mile Road. Background: The original request was to annex & zone all of the subject property with a C-G zoning district with only a layout for collector streets within the site based on the transportation plan contained in the TMISAP; a conceptual development plan was not submitted. Staff recommended denial of the request which the Commission upheld based on inconsistency of the proposed C-G zoning w/the future land use designations of MHDR, MUR, MUC, HDE & PARK for the overall property contained in the Plan. As an alternative to denial, staff proposed zoning consistent with the FLUM that could be supported. The owners of the SJJV and the Fedrizzi properties were inagreement w/Staffs recommended zoning shown, however, the owners of the Janicek parcel were not in agreement wlStaffs recommended zoning. After the Commission hearing, the applicant's representative, Becky McKay, worked with the owners of the Janicek property to determine a zoning for the property that would be acceptable to them & also consistent with the Plan. The Janiceks' conceded to Staffs recommendation of TN-C zoning on the western 30 acres but proposed C-C zoning for the eastern 44.5 acres. At the hearing on December 6~^, the new zoning request was presented to Council as shown on the right. As the staff report recommended denial based on the original request, no DA provisions were included in the report. Council directed staff to prepare potential DA provisions for consideration at a subsequent hearing based on the applicants' proposed zoning. Because there are three separate properties & property owners involved in the annexation request, staff recommends three separate DA's if Council approves the annexation. Staff has prepared potential DA provisions for Council's consideration based on the proposed zoning and FLUM designations for the subject properties. These provisions are included in the memo to the Mayor & Council dated January 12, 2012. Notes: Meridian City Council January 17, 2012 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, January 17, 2012, by Mayor Tammy de Weerd. Members Present: David Zaremba, Keith Bird, and Brad Hoaglun. Members Absent: Mayor Tammy de Weerd and Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Sonya Watters, Warren Stewart, Perry Palmer, Scott Colaianni, Tom Barry, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun Charlie Rountree X Keith Bird Mayor Tammy de Weerd Hoaglun: Okay. It is Tuesday, January 17th. It's about two minutes after 7:00. Thank you all for being here today. Mayor de Weerd is out of town, so as Council President I get to preside over the meeting and we will have lots of fuh. We will start with roll call. City Clerk. Item 2: Pledge of Allegiance Hoaglun: Great. With that we will have our Pledge of Allegiance. Please join me in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Gordon Slyter with Treasure Valley Worship Center Hoaglun: Next we will have our community invocation led by Pastor Gordon Slyter of Treasure Valley Worship Center. Pastor Slyter, glad to have you hear tonight and for those in the audience join us in the community invocation or take this as a time of personal reflection. Pastor, thank you. Slyter: Thank you. Our Father in Heaven, we come before you tonight with thanksgiving. So much to be thankful for. This wonderful community in which we live. The civility of our citizens. The provisions that you daily bestow upon us. We pray that tonight you would guide the Council as they deliberate, as they consider matters that come before our city. Give them wisdom. We pray for unity of heart, even when there might be disagreement of understanding, and we pray, Lord, that your hand will continue to be upon us. We pray this in Jesus' name, amen. Meridian City Council January 17,2012 Page 2 of 40 Item 4: Adoption of the Agenda Hoaglun: Thank you. Item 4, adoption of the agenda is before us. Zaremba: Mr. President? Hoaglun: Mr. Zaremba. Zaremba: I move we adopt the agenda as published. Hoaglun: Is there a -- Bird: Second. Hoaglun: We have a motion and a second to adopt the agenda. All those in favor say aye. No opposed. We have adopted the agenda. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda A. Approval of ACHD Bid amount for the Pine/Cinder Intersection Project for the Not-To-Exceed amount of $137,608.00 C. Acceptance Agreement: Display of Artwork of Helen Grainger Wilson in Initial Point Gallery from August 31 to September 28, 2012 D. Acceptance Agreement: Display of Artwork of William Gardoski in Initial Point Gallery from March 30 to April 27, 2012 E. Acceptance Agreement: Display of Artwork of Dean Estes in Initial Point Gallery from August 3 to August 31, 2012 F. Acceptance Agreement: Display of Artwork of Elizabeth Meyer in Initial Point Gallery from June 1 to June 29, 2012 Hoaglun: Item 5 is the Consent Agenda. Bird: Mr. President? Hoaglun: Councilman Bird. Bird: Did we want to move -- Meridian City Council January 17, 2012 Page 3 of 40 Hoaglun: We do have someone -- on 5-B we have the Principal of Meridian Elementary. So, if we pass this, he does want to take a minute to talk to us briefly about this project. So, I don't think we have to move it unless you want to. Bird: No. You move it to six. Okay? Hoaglun: If you want to do that, Council Member Bird, we can do that, so -- Bird: On the Consent Agenda, I move that we approve the Consent Agenda as published and for the President to sign and the Clerk to attest. Hoaglun: And does that include moving 5-B to Item 6, so we can handle that separately? Bird: Yes. 5-B gets moved to Item 6-B. Hoaglun: Okay. Zaremba: Second is seconding all but 5-B. Bird: Yeah. Hoaglun: Yes. Okay. We have a motion and a second. We will move 5-B to Item 6 for a separate discussion and with that we have a motion and second. So, Madam Clerk, roll call vote. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Items Moved From Consent Agenda Item 5B moved to Item 6 Hoaglun: And so under Item 6, Items moved from the Consent Agenda, we have before us what was 5-B. It's the Community Development Block Grant subrecipient agreement between Joint School District No. 2 and the City of Meridian and if you recall -- Caleb, do you want to just briefly go over that project again or do you want me to talk about it? Do you have that? Hood: Council President, I will. Members of the Council, the item on your agenda tonight is the subrecipient agreement. I am Lori den Hartog for the next -- another month or so. So, I am overseeing the CDBG program. One of those projects that we had in this program year is the playground equipment that's going in next to Meridian Elementary. Part of that was up to 75,000 dollars for that playground equipment. This is the subrecipient agreement that lays out all the terms of that and what the money is for and Dr. Clark signed that at the school board meeting I believe last week and we Meridian City Council January 17, 2012 Page 4 of 40 have that. So, as you mentioned, the principal at Meridian Elementary Marcus Myers is here this evening and just has a few words, so -- Hoaglun: Great. Mr. Myers, do you want to address the Council? Name and address for the record, please. Myers: Yes, sir. Councilmen, my name is Marcus Myers at 1854 South Blacksmith Place in Meridian. I -- President and Members of the Council and members of the community who are here with us tonight, I am one representative of a team who is also with me here tonight who represents the All Abilities Access Playground in partnership with Meridian School District and with Meridian Elementary and we just wish to extend our sincerest thank you and appreciation for the support of that playground project and continued support of Joint School District No. 2. It is as a -- as this project becomes underway I do want you to know that we are in -- are in full cooperation with the city and are in full cooperation with the district, making sure that we just did the best thing for the community and I do want you to know that that money is in good hands. We are partnering with -- with many businesses and with many of our community partners here in the area and in Meridian, making sure that we could just pool our resources and put that money to good use. And so with that we just wish to say thank you and if at anytime any members of the Council -- anybody has any questions, please, don't hesitate to contact me and to let me know if you have any questions about how. that money is being spent, that partnership, or just making sure that we hold true to the goal that we set up to provide the All Abilities Playground for children with special needs in the area and making sure that we are in partnership with the city and really opening it up to making sure that that section of town is something that's an esteemed area, absolutely, for all kids. So, thank you. Hoaglun: Well, thank you and this is a project certainly very worthwhile and just a question, Mr. Myers. Where are you in your timeline of the process, fundraising, getting that thing moving forward, how is that looking? Myers: Well, thank you for the question, President Hoaglun. We are currently in the process of looking at vendors for bidding and with that process also pooling our resources and getting commitment from community agencies and from business agencies for donated -- not only materials, but labor and equipment to be able to start that process. Timelinewise, we are looking at putting it out for a bid in the month of February and in that month of February also looking at pooling those resources together. We are just going to bid the playground itself, the equipment itself, and the installation of that playground. That 75,000 dollars will go directly to that equipment. Other pieces like design, other contracting pieces, the community garden, a lot of the landscaping, much of that is being donated and, then, some of the money that the All Abilities Playground project of about 22,000 dollars is going to directly to that as well. So, we are looking at starting the project right about the beginning of summer, right when school gets out, if not very close to that. Once we start digging we will have an open pit there and we are trying to avoid that with elementary kids as much as possible. Meridian City Council January 17, 2012 Page 5 of 40 Hoaglun: Sounds like fun in their minds. Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: Refresh my memory. Is this also -- my recollection is that this is a project that you have also offered to the Boys and Girls Club people to use when you're not using it. Is -- am I remembering that correctly? Myers: Absolutely, Councilman Zaremba. It is -- Zaremba: Well, I wanted to credit you for that and -- Myers: No. Zaremba: -- thank you for that. That's a big plus as well Myers: No. Absolutely. We are in a partnership and continue that with the Boys and Girls Club. Robin, the director over at Boys and Girls Club, we are dedicated to making sure that not only the project -- we are in partnership with it that way, but also .our grant writing fundraising and those community partnerships are together. We recently submitted a couple of grants for the community garden. Basically that is adjacent to the Boys and Girls Club. It's in between the two of us and we received word that that is coming our way. And so, again, we are pooling our resources, pooling our funds, knowing that a significant number of those students who will be using -- who can use the playground, can also attend the club, which also allows the club to open themselves up to a more varied population and to include more types of students with disabilities. Absolutely. Zaremba: That's cool. Thank you Hoaglun: Any further questions? Bird: I have none. Hoaglun: Great. Mr. Myers, thank you and we wish you well on the project. Myers: Thank you, Councilmen. Thank you. Hoaglun: Glad we could help. We have before us the former Item 5-B, now in Item 6. Do we have a motion? Bird: Mr. President? Hoaglun: Mr. Bird. Meridian Cily Council January 17, 2012 Page 6 of 40 Bird: I would move that we approve the Community Block Grant subrecipient agreement between Joint School District No. 2 and City of Meridian. Zaremba: Second. Hoaglun: We have a motion and a second to approve Item 5-B. Roll call vote. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: I know the motion has been completed, but I would add to that that we are authorizing the President to sign and the Clerk to attest. Bird: Yeah. Item 7: Action Items A. FP 11-013 Oakcreek No. 2 by Norpac, LLC Located at Northwest Corner of N. Black Cat Road and W. McMillan Road Request: Final Plat Approval Consisting of 41 Residential Building Lots and Six (8) Common Lots on 9.58 Acres in an R-8 Zoning District Hoaglun: Okay. Appreciate that. Thank you. Moving onto Item 7. Action Items. 7-A. Who has that? Sonya? Watters: Thank you, President Hoaglun, Councilmen. The next application before you is a final plat for Oak Creek Subdivision No. 2. This site consists of 9.58 acres of land. Is currently zoned R-8 and is located near the southwest corner of McMillan Road and Black Cat Road. The subject property was annexed and preliminary platted in 2008. The applicant has completed phase one, which consists of 38 single family residential lots and eight common lots on 11.63 acres of land. The applicant is seeking approval of the second phase consisting of 41 residential lots and six common lots on approximately 9.58 acres of land. The gross density proposed with this phase is 4.28 dwelling units per acre, with an average lot size of 6,400 square feet. Amenities within this phrase include a Bocce Ball court and horseshoe pit. Staff finds the proposed final plat to be in substantial compliance with the approved preliminary plat and recommends approval of the final plat application. The applicant has provided written testimony in accord with the staff report, except -- they are in agreement with the staff report, except for the requirements of two street knuckle planter islands. The proposed planter islands Meridian City Council January 17, 2012 Page 7 of 40 are a requirement of the Unified Development Code, Title 11, Chapter 2A, 3B-2. The applicant requests Council strike the first bullet on condition number five, which requires internal planter islands to separate the knuckles from the through traffic, as shown on the landscape plan due to changes in ACHD policy standards, which now require the landscape islands to be included as part of the public right of way. ACHD has commented that they would prefer elimination of the islands due to increased maintenance. Staff will stand for any question Council may have. Hoaglun: Any questions for Sonya at this time? Bird: I have none at this time. Hoaglun: Sonya, do we have an understanding -- according to ACHD policy on this, they require the landscape islands be included in the right of way, but yet they don't want to landscape them -- our policy says we want these landscaping islands and that was it up to the homeowners association in most cases to maintain -- if the landscape islands are going to be required, then, why aren't they maintaining or making it that the homeowners association would be responsible for the maintenance as we would require. Have we heard from them on this or is this just the policy that they have? Watters:. Councilman Hoaglun, Councilmen, I believe this is a new .policy of ACHD In the past it has been the HOA's responsibility to maintain those, but from what I understand this is a new policy. So, we may have to amend our code to coincide with that. I don't know. Hoaglun: Okay. Watters: Haven't really talked about it yet. Hoaglun: Okay. Watters: The first it's come up. Hoaglun: Do we have anyone representing the applicant here? Becky McKay: Thank you, Mr. Chairman, Members of the Council. Becky McKay, Engineering Solutions, 1029 North Rosario, business address, Meridian. I'm representing Coleman Homes on this final plat application. We are in agreement with all the conditions. We are asking for a change to bullet. point number one under Section 5. And kind of to give you an idea what has changed. Since the UDC -- when the UDC was adopted I was on that committee and one of the thoughts was if you do a great big knuckle we would delineate the travel lane and separate it with kind of a little eyebrow landscape island and -- and it was part of the UDC and at the time we would plat those as a separate lot that was turned over to the HOA, just like any of the other common lots. Well, when ACHD did their policy manual update now these landscape islands are part of the right of way. So, when we plat them they go to ACHD and ACRD -- they Meridian City Council January 17, 2012 Page 6 of 40 don't have a problem with the medians, because, then, we turn around and we get what we call a license agreement to -- for HOA to maintain them. They understand the benefit of the islands. The problem are these little -- these little landscape knuckle things, because for maintenance purposes, sweeping --.when go through and they will do their seal, they are a pain. So, when we turned our construction plans into Ada County District, they said under plan profile, islands, approaches, and planter strips under number sixteen, ACHD would prefer elimination of the islands due to the increased maintenance costs on their part. Like I said, chip sealing --they just don't see the benefit in them and I guess, you know, in looking at these particular knuckles -- we need the knuckle in order to meet your frontage requirement. The knuckles were proposed on the preliminary plat. We don't need the little island, because we have a -- what we call a valley gutter, which is a concrete kind of gutter that separates the travel lane, it's very visible, it's a -- you know, very depressed. It separates the travel lane from this knuckle. So, in reading ACHD's comments and in looking at it, we have got a very shallow depth. These little knuckles are so tiny that we could probably only put shrubs in them, not a tree, because we just don't have the width on them. And so we feel that with -- with the shallowness of the knuckle, the small size of the -- the little landscape island, the travel lane being delineated by the valley gutter, and the fact that we have detached walks in here, which also soften the hard surface look we have -- behind the gutter is an eight foot landscape strip and, then, our five foot walk. We are asking the Council if we could eliminate these little knuckles. Along with my letter I did provide like a couple of exhibits. I don't --are those in your packet? Hoaglun: Yes McKay: Where I did delineate the valley gutter, so you could see that it -- that it is -- it is visible on both of those. I delineated it in yellow. I'm not sure if it came out on what -- the packet that you guys get. And, then, I did provide copies to show you how small those little landscape areas are. Obviously, from here on out I won't use the knuckles. You know, we will -- we will look at -- to see if there are other options or just avoid them and -- if ACHD is not happy with these. Now, as far as -- if you guys have to revise your UDC, that's probably between the staff and ACHD, to kind of talk about what are their thoughts in the future on how to deal with these little knuckles. Like I said, the issue is not with the nice big medians on the collectors, it's these little tiny eyebrows. So, I guess I'm asking you to just kind of -- to simplify this let's just get rid of that little eyebrow. Can I answer any questions? Hoaglun: Any questions for -- Bird: I have none. Zaremba: Mr. President? Hoaglun: Yes, Councilman Zaremba. Meridian City Council January 17, 2012 Page 9 of 40 Zaremba: I can see the esthetic value of having them, but understand where ACHD is coming from and I might even believe that both the fire department and sanitary services, our trash collectors with their big trucks, might prefer that we don't have these little eyebrows every here and there. I don't know if we need a comment from the fire department or just a nod. Would it be easier to get fire trucks through there if we didn't have these little -- Palmer: It would. Zaremba: -- confounding curb things in the middle of it? So, I would say in -- in regard to the knuckles -- and I agree we are still going to want these on big islands, other places, like as you say, collectors and stuff. But I could see, one, waiving that requirement and work towards changing UDC to take that one little piece out. Makes sense to me. Hoaglun: Okay. Bird: I agree. Hoaglun: I have a question for staff, then. Are we dealing basically, then, with this application? Future ones -- as Becky. inferred that future .applications. that will be coming in will likely not be having this type of design, so we aren't going to be having to deal with this every time it sounds like in my mind. Any -- any thought on that? Hood: Council President, Members of the Council, I can look at that section of the code. I'm not overly familiar with it. I'm not sure if there is a minimum square footage or not for those islands. You might look at tweaking that to require them to be of substantial size where you can get a tree into that area. I understand where ACHD is coming from. It's going to be harder to run the street sweeper around there. Afire truck. SSC they are designed to -- so that garbage trucks can still make it without having to do five point turns and all that. Same with fire trucks. They should be able to just pull in, they do have to turn around and pull back out, but we are not talking about backing up a large length like that too far, but we can look at the code. There are options. We have shared driveways, common driveways, some other design things that can kind of take that flare out. Or, again, looking at a minimum size for those, so it can be a substantial size so it really is an esthetic feature at that point, not just a little thing to delineate your, you know, directional traffic. So, I can't guarantee we -- you won't see these again, but we will definitely look at the code to make sure it's not an ongoing problem. You know, there may be already a project or two that's in the queue. The queue run is the same thing. I will note, though, that when Becky was reading off her plan review comments, it was a preference of ACHD and not a requirement, so we still could apply our code and the project can go forward sort of as designed without having to grant an exception to our UDC. I'm not necessarily saying you have to do that, they do seem kind of small in this instance, but I don't think there is that conflict necessarily with what ACRD -- the new policy manual that was adopted in our city code, that it's a direct conflict. They bring up a poirit and they chip seal every eight -- eight or nine Meridian City Council January 17, 2012 Page 10 of 40 years and it is a little bit more cost, but if we get the value of that up, there may be -- it may override it. But we will look at it, I guess, is the long way to -- to sort of answer your question. Hoaglun: Okay. Thank you, Caleb. Anything else, Becky? Done? McKay: That's it. Thank you very much. Hoaglun: Okay. Thank you. And this is a final plat, so I guess we have that before us. Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: Let's see. We don't need to close the public hearing. It's not a public hearing. So, I will move that we approve FP 11-013 with all staff comments, including striking the first bullet on condition five. Bird: Second. Hoaglun: We have a motion and a second on FP 11-013. Madam Clerk, could you, please, call the roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. Hoaglun: Thank you. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Public Hearing Continued from December 20, 2011: AZ 11-001 Ten Mile Annexation by Janicek Properties, LLC; Fedrizzi Ten Mile, LLC; and SJJV, LLC Located West of S. Ten Mile Road and North of I-84 Request: Annexation and Zoning of 116.25 Acres of Land From RUT in Ada County to C-G Zone Hoaglun: Next item. 7-B. We have a public hearing that's been continued from December 20th. This is on AZ 11-001. And staff comment. I guess, Sonya, you're bringing us back up to speed again. Wafters: Yeah. Thank you, President Hoaglun, Councilmen. I will just go ahead and give you, like you said, a little up to speed on this. The property consists of three individually owned parcels, totaling 116.25 acres of land. It's zoned RUT in Ada county and located at the northwest corner of I-84 and South Ten Mile Road. The original request was to annex and zone all of the subject property with a C-G zoning district, with only a layout for collector streets within the site based on the transportation plan contained in the Ten Mile interchange specific area plan. A conceptual development -- Meridian City Council January 17, 2012 Page 11 of 40 excuse me -- development plan was not submitted. Staff recommended denial of the request, which the Commission upheld, based on inconsistency of the proposed C-G zoning with the future land use designations of medium high density residential, mixed use residential, mixed use commercial, high density employment and park for the overall property contained in the plan. As an alternative to denial, staff proposed zoning consistent with the future land use map that could be supported. The owners of the SJJV and the Fedrizzi properties were in agreement with staff's recommended zoning shown on the left. However, the owners of the Janicek property were not in agreement with staff's recommended zoning. After the Commission hearing the applicant's representative Becky McKay worked on -- worked with the owners of the Janicek property to determine a zoning for the property that would be acceptable to them and also consistent with the plan. The Janicek's conceded to staffs of TN-C zoning on the western 30 acres, but propose C-C zoning for the eastern 44 and a half acres. At the hearing on December 6th the new zoning request was presented to Council as shown on the right. As the staff report recommended denial based on the original request, no DA provisions were included in the report. Council directed staff to prepare potential development agreement provisions for consideration at a subsequent hearing based on the applicant's proposed zoning. Because there are three separate properties and property owners involved in the annexation request, staff recommends three separate development agreements if Council approves the annexation. Staff has prepared potential development agreement provisions for Council's consideration. based on the proposed zoning and future land use map designations for the subject properties. These provisions are included in the memo to the Mayor and Council, dated January 12th, 2012. Staff will stand for any questions Council may have. Hoaglun: Any questions to Sonya? Bird: Not at this time. Hoaglun: Okay. This is a public hearing and do we have comments from the applicant? Or applicants? McKay: Thank you, Council President, Members of the Council. Becky McKay. Engineering Solutions. Business address 1029 North Rosario, Meridian, representing the applicants. I'd like to thank the staff. They -- we provided some basic conditions after we reviewed five or six different development agreements that Mr. Nary had recommended we take a look at. We kind of did just a rough of those conditions and provided that to the staff and, then, they elaborated on that and we are quite pleased. I provided you a letter this evening that I just kind of wanted to go through. There is one DA provision that I do want to discuss. All other provisions, based on my meetings and conversations with the applicants, they are in agreement with. So -- so, we are pleased. When we began this journey it's almost funny that it was on January 18th, 2011, one day -- almost a full year and so what I did is I went back and I looked at those -- those minutes when we came before the Council as a discussion item. I fully understand that's not binding or anything, I just wanted to remind the Council that -- that -- how we started down this path and, you know, Anna -- Anna wanted to talk to Council about Meridian City Council January 17, 2012 Page 12 of 40 basically looking at this annexation and rezone without a development plan and she said I want to talk to you, because your -- typically you get an annex -- along with your annexation a concept plan or a preliminary plat and that's usually the way it works. And I'm paraphrasing, but -- but she is quoted per your minutes. In this instance we are going to annex, which will allow us to establish these right of way easements. We will get a development agreement at the time of annexation, but you may not get a concept plan at first and she said -- and if you don't get a concept plan at first, the DA for this property would, obviously, include that prior to any development -- any development that a -- that a development agreement modification would have to come forward and bring us a concept plan. And she said this is a little out of sequence, but I'm comfortable that we can get -- still get development that's in the best interest of the city and consistent with the Ten Mile interchange specific plan. The Council kind of had a discussion. I quoted a couple of the councilmen from those minutes that they were encouraged that they were getting an effort here by the property owners, ACHD, the city, ITD, to come together as a group and try to solve the transportation issues here. Through this whole process we have spent a significant amount of time and unlike other projects, a lot of time has been spent convincing some of the key property owners that the needs of the multiple property owners in the Ten Mile area as a community outweigh the needs of that individual and that it is in everyone's best interest to step up and to do their part and provide what's necessary, whether that be right of way or whether that be annexing, zoning, provide what's necessary to make this a success and it's -- the success is dependent on the ability of these property owners to work together on this transportation network and this is so unusual, because, typically, what we find in a development is our focus is on a particular piece of property with one client, with a certain number of desires, development vision. We provide stub streets. We may -- we may stub a collector. We may interconnect with pathways and open space. But nothing to the extent that we will see out here at this Ten Mile area. I mean everything is so interconnected. I think, you know, Councilman Zaremba said, you know, what's -- what's our chance of getting a site plan at this -- at this point and I thought about that and I do apologize that I was not here on December 20th. It was my understanding that it was going to be automatically deferred and I didn't have my Christmas shopping done, to be honest with you. So, I said, okay, I didn't know a discussion would take place, so I do apologize and want the Council to know that I was not shrugging my duties here. I was under the wrong impression. I could provide a site plan, I guess, if that was the desire of the Council. But in my opinion this is beyond a site plan, because if I provided a site plan it would, obviously, in my opinion, my professional opinion, be a shallow representation of what's going to go on there, because the bigger picture is all laid out in the Ten Mile specific plan, that it is architecture, open space, transportation, site planning and the architecture is really really key to this area. I mean that's -- that is one of the big parts of this vision and I can't provide that architectural component, only at the point of time when the property is purchased by a professional developer will they be able to take that step and, then, they take site planning and pathways and take the transportation network that's set up and bring in that architecture. I guess to be honest with you, you know, that is very complex. I can't do that alone. I just feel it's beyond, to be honest with you, my capability, because it takes a whole group of planners and architects and developers to sit down and come up with a plan this elaborate and this Meridian City Council January 17, 2012 Page 13 of 40 complex. The Ten Mile specific area has a vision. That vision is more specific than your general Comprehensive Plan and that's why you called it the specific area plan. It sets up a blueprint for development. If you get a zoning designation you don't just go out and just do it, there is a blueprint and part of that Ten Mile specific plan says in addition to this blueprint that this development will embrace, we also want to have design guidelines. Well, 2009 you guys came up with very detailed design guidelines. They talk about architecture. They talk about interfacing with the roadways and the pathways and pedestrian interconnectivity and it talks about size of the buildings and bulk and it affects more than just a zone. I guess I don't want the Council to get hung up on the zoning. The C-C zoning, the T-N zoning -- TN-C zoning, it's setting up a framework. That's all it's doing is setting up a framework. But the development is going to have to come through with the architecture and the site plan and at that time that's when this Council will judge this project on the quality, the ingenuity, the creativity, how everything interfaces, how this whole area is going to look. I thought about this -- about zoning and I will give you an example. Valley Video on Main Street, if -- Keith probably remembers -- I don't know -- I don't think it's even there now. When it went in years ago I was around and everyone was so upset. It was a cinder block building, boxy, plain, just down right ugly. Bird: But practical. McKay: But practical. A different commercial zone wouldn't have changed the way Valley Video looked, but design guidelines would have. Architectural standards, your downtown plan, wouldn't have allowed that. So, I guess what I'm telling you is it's beyond zoning now. We have all these plans that come together to make these projects what you guys want to see and the old standard used to be -- and I think Keith can attest to this -- I can't really define what a bad development looks like, but I know it when I see it. Well, now you guys have defined what is a good development. What we want to see. What characteristics. What architect style. Some of the things that were done in the past won't happen again and these communities have evolved, they have grown, they have gotten smaller and it's been to everyone's benefit and I commend you. The guesswork has kind of gone out. The old adage that, well, if they get that zone, then, they can just do whatever they want. Those days are long long gone, because it's far more complex than that and you guys have taken the effort to make sure that there is design -- there are design guidelines and a specific plan that lays down the foundation and will be the guiding document for this development. Your plan even talks about that it provides a set of directions for the architect and the developers for the future projects and, like I said, it's beyond what we typically look at. It is far more complex than that and this the C-C zone -- I am convinced that is the right zone for that portion, which is up at Ten Mile and along that major half mile collector that will carry up to 30,000 vehicle trips a day. It will be another Pine, but a lot prettier, because it will have the landscape medians that are down the middle. So, I feel that -- that this is the right zone for this property. I have gone through the conditions and I like them. The only thing that we object to is 5-H under the Janicek property. 4-B under the Fedrizzi provisions, and 4-C under the SJJV provisions. And that is that even with the C-C zone we are limited to 20,000 square feet maximum and that was one of the reasons that we Meridian Cily Council January 17, 2012 Page 14 of 40 found the C-C zone superior to the TN-C up there next to Ten Mile, was the fact that we had the latitude to go over the 20,000 square feet and we think that if you limit C-C to the 20,000, it just becomes TN-C. That was the most objectionable restriction that we found. I also looked at Meridian 118. Sonya, do you have that in there? Oh, now when I want it to change it won't. Wafters: Which slide would you like, Becky? McKay: The last slide. Thank you. This is a zoning map of what the existing zones are out there right now and as you can see on the Meridian 118 property they have got that C-C right there in their core that is south of the Janiceks, east of the Janiceks. The condition that was provided in their development agreement said that the C-C district shall be consistent with the design standards contained in the Ten Mile interchange plan for mixed use commercial designated areas and uses within this C-C district will be comprised of a mix of office, retail, recreational, employment, other uses, including residential, as defined in the Ten Mile plan. So, basically, they get -- they were given the C-C zone in the middle of the section and, then, that -- or that provision was provided in their development agreement and I guess what we are asking for is just the same. Nothing different. All the other restrictions that the staff thought were appropriate we are in agreement. Just this one. Can I answer your questions? Hoaglun: Any questions of Becky? Any questions? Bird: I have none for Becky. Hoaglun: Any questions for Becky at this time? Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: If I may. I'm agreeing with you that the question of the moment seems to be the size of buildings and as the public and the staff and the Council were working through and creating the Ten Mile specific area plan, my recollection serves me that one of the ideas was that along the actual Ten Mile roadway, as a Meridian entryway corridor, it was not attractive to have large buildings, which is why it was sort of designated TN-C in the area that we are talking about specifically. I will have to admit it is not jumping to mind to picture what a 20,000 square foot building is. Can you off the top of your head suggest a couple of stores around Meridian that you think are 20,000 square feet or so? McKay: It is hard, isn't it? What's this building? Bird: It's a hundred, but -- Zaremba: But we are three stories. Meridian City Council January 17, 2012 Page 15 of 40 Bird: I think if you -- those two buildings where the eye doctors are in off of Eagle across from St. Luke's that's got the slopped glass on top, I would say those are probably 20,000 square feet buildings. They are two stories. That's where they do the eye surgery and stuff -- Zaremba: Yeah. McKay: Oh, on the west side? Bird: On the west side. Right across from St. Luke's. I think those are probably pretty close to 20,000 square feet buildings. I'll let you finish and, then, I'll -- Zaremba: Well, I'm not visualizing those as being terribly large buildings. They are not. Bird: Mr. President? Go ahead. Go ahead, David. Zaremba: So, I think I can understand the request. I think the only -- only subject is this has been through public hearings and discussion before and I realize we need to be somewhat flexible, but for whatever it's worth, the decision was made before they didn't want bigger buildings there, but I'm willing to listen to a disagreement with that.. Hoaglun: And, Councilman Zaremba, I was trying to think -- the city attorney was mentioning our footprint on this building might be a 20,000 square foot footprint, which would be a 200 by 100, 250 by -- you know, you could do it. So, this would be a footprint and, of course, then, you can change the configurations, whether it's square, rectangle like this one, or whatever we are. So, that -- Zaremba: I think what I'm remembering from the original discussions is that the thought was it would not be attractive to have a big box store, but those are, what, in the sixty thousands, eighty thousands square feet? I mean what's -- McKay: Oh, I think -- Bird: Sixty, eighty, one hundred. McKay: They are up over a hundred I believe now. Bird: Yeah. Some of them are 140. McKay: The super stores. Zaremba: Yeah. Meridian City Council January 17, 2012 Page 16 of 40 McKay: -- are ahundred -- would somebody tell me -- a commercial realtor told me. They used to run -- I think a grocery store was around 60,000, like an Albertson's, but these super stores I believe are up over a hundred now and that's all one footprint? Zaremba: Well, for what one person's opinion is worth, I'm not so sure I would be thrilled about that, but I'm not so stuck on exactly 20,000 either. Watters: President Hoaglun? If I may clarify Hoaglun: Yes, Sonya. Watters: That only applies to retail. All other uses may allow a footprint of greater than 20,000 square feet through the Conditional Use Permit process. Hoaglun: So, Sonya, that means if it was a service provider, optometrist shop, what have you, that would -- that would be allowed. Watters: Exactly. With a Conditional Use Permit. They would have to go through that process to be approved, but it's a possibility, yes. Hoaglun: Okay. Thank you. Bird: Mr. President? Hoaglun: Councilman Bird. Bird: You know, we are starting -- we are starting new out there and I really don't have any problems with the way Overland and Eagle -- all down Eagle -- and there is a lot of buildings, retail buildings larger than 20,000 square feet and I have no -- and we are -- we are zoning these people so that they can, hopefully, once the economy starts, they can get some development going out there. Why do we want to limit what jobs can come to our area? There is not very many jobs that's going to work less than 20,000 square feet, if you want jobs. Under 20,000 isn't a very big office building or retail building or not. You can have -- you can have little strip malls, which I'd prefer one big building over a strip mall. But my way of thinking on this project -- these projects is they want some zoning that they can go sell customers to come in and develop and create jobs within our city and start making the Ten Mile corridor look like a -- and Idon't -- I don't want to see a bunch of box stores there, but I have no problem with a grocery store, retail store. It's nice to have one out in that area. I think we got to look at the areas, too. We don't need all our grocery stores in one area. That's my two cents worth. Hoaglun: Okay. Quick question for Caleb or Sonya. On that C-C, their request to -- request deletion of the 20,000 square foot building restriction for the C-C zone. If they have aproposal -- they have a tenant who wants to have a 30,000 square foot building Meridian City Council January 17, 2012 Page 17 of 40 and if we were to approve this do they need to come back to Council with a Conditional Use Permit? Wafters: If it were a retail use, President Hoaglun, it would not be allowed with a footprint over --greater than 20,000 square feet. Does that answer your question? Hoaglun: Yes, but if we -- if we approve their request to delete that 20,000 square feet, if we said, okay, we will give it to you, but what protection does that afford us in terms of the control aspect -- I guess we need to see aconcept -- conceptual plan, but would they have to come forward with -- let's say they have a 30,000 square foot building they want to put out there in the concept, would that be -- would that be a conditional use requirement, then, for that approval or was that just part of the concept plan? Watters: You can make it whatever you want it. Hoaglun: Okay. Watters: If there were a conceptual development plan we could tie them to that. So, that would be your safeguard. Right now you really don't have a safeguard until there is aconcept plan. Hoaglun: Okay. Caleb, do you want to weigh in? Hood: If I may. Yeah. Not to -- I think Sonya is right on with that answer. I mean just maybe another -- understanding Councilman Bird's comments and I totally agree, we shouldn't have every -- all the grocery stores in one part of town and maybe 20,000 isn't the right number. But maybe there is something -- somewhere in the middle between a hundred and twenty where we are approving those at the staff level or requiring a Conditional Use Permit for anything above 40,000 or something. I don't know what that number is, but maybe there is some checks and balances there so we can still see it. If it's a grocery store, we are not opposed to a grocery store, but some of the design elements -- maybe we just want to make sure it's going to fit with that vision and to make sure --just to check in and make sure it's okay through that CUP process. I mean that process is fairly streamlined and I think we -- you know, we are not here to slow things up or -- but it does give us some of those -- the checks again on -- you know, just to make sure it's the right fit, the right feel. So, that would be my kind of on-the-spot proposal back would be if you bump the square footage up a little bit and said anything over this number, then, requires -- regardless if it's retail or nonretail, that anything above whatever square footage comes back for a CU or in just deleting the whole condition. I don't know. Hoaglun: Thank you, Caleb. That does articulate my thinking a little bit on, okay, if we go with this, Becky -- and I'd like your thoughts on this -- what are the appropriate checks that we could, as a Council, make sure that, okay, this still fits the vision, this -- this plan -- we like what's proposed or, oh, that doesn't fit. I mean we have got to have something on our end to make sure we have -- we can keep the parameters in place, I Meridian City Council January 17, 2012 Page 18 of 40 guess, without trying to limit you to say, oh, no, here it is and this is it, absolutely, and live and die by that. So, what are your thoughts on -- McKay: Council President Hoaglun, Members of the Council, I -- I see your point exactly and I have the same thoughts and that item five says that no development takes place on here without a development plan coming in. So, the Janiceks can't sell off 40 acres and have somebody come in tomorrow and say I'm going to build me a Walmart here or whatever. Somebody has got to bring in a development plan on the whole property. Somebody has got to come in and do a site plan within all of these guidelines and design standards. I just don't want to scare off a -- say a -- you know, a large developer from out of state that may come in and say, you know, I have a great idea for this area and I'd like to buy these properties up, but, gosh, they got this 20,000 square foot maximum on retail and that's -- that's just going to kill -- you know, it's not doable. So, I'm looking at it from the perspective that we got to protect the city. I agree with you a hundred percent, but we have also got to make it so that this property does look attractive to somebody and the C-C, the TN-C, I think that's a great compromise. I think Caleb has a good idea. If the Council is looking for some middle ground, we -- we see this in other -- other municipalities where certain areas -- things come in as a Conditional Use Permit. In fact, the old comp plan had mixed use plan development areas that everything we did commercial component in those areas came in as a Conditional Use Permit. So, obviously, that's a possibility, that, you know, maybe you set a square footage and say, you know, anything over this would come in as a Conditional Use Permit. You're still requiring that they come in with a site plan. With that site plan and the development agreement modification -- they got to bring in what type of buildings they are going to build, what type of architecture -- you know, architectural style. We always -- those are tied to these DAs. It's one thing that this Council has established. So, I guess to answer your question, nothing can happen on this until somebody comes in with a specific plan and a development concept with their building, their architecture -- I mean a lot of work has got to be done before they can ever get to this point and at that time if they had a big box right smack on Ten Mile, the Council would go, you know, why don't you move within the interior, we don't want it on that corridor. Your staff -- I mean they are committed to that plan. I don't think that that idea would get past the staff and to the Council, because they would probably say, you know, read this, you know, this is what we want to see. This is our vision. Go back to the drawing board, come back, design something within this vision and this blueprint. Make -- you know, this is what we want to see. So, you know, I -- I think there are protections within this document, because nothing happens out here. This is going to sit ag until that point. Bird: Mr. President? Hoaglun: Councilman Bird. Bird: Caleb, I got a question. Don't -- don't you think we are protected through our design and review regardless of the square footage? I mean if somebody comes in with a 150,000 square foot building, if -- if it's designed right and everything, the staff might Meridian Ciiy Council January 17, 2012 Page 19 of 40 pass it. But if you don't, you turn it down or they have to go through for a Conditional Use Permit, a CUP. Don't you think we are protected enough in our design review and stuff out there? Hood: Council President, Councilman Bird, I do think there are a lot of provisions already in current code. In this draft development agreement I think there are quite a few coverages. I think where I'm saying maybe an option is not necessarily being protected, but just like Becky is saying, as this gets marketed so that they understand sort of the vision -- you know, we are protected still, but the vision isn't necessarily for a 150,000 square foot building. That's really not the vision. Would it be allowed? Maybe if it's designed. But, really, it's hard -- it's going to be hard to design a 150,000 square foot building that really meets the vision of the plan. So, I think that's where -- where you can -- we can have not those protections, but just as it gets marketed we don't want to be talking to a grocer, say, and they are like, well, it didn't say in the DA that 100,000 square feet is a problem and now I'm just hearing that. Generally we would like to see things that are in the 40,000 square foot range. Generally. Not prohibiting them from coming, but -- but having them understand before they get too far along that does that fit the intent. Is it really what the city is after, because if you just strike it, 100,000 square feet may be fine, because there is nothing that talks about square footage. So, that's kind of a slight tweak on that protection angle. Bird: Follow up, Mr. President? Hoaglun: Councilman Bird, follow up. Bird: My biggest fear is if we -- if we put a limit on it is what if somebody comes out and wants to build a two or three story, 70, 80 thousand square foot, first floor is retail, second and third floor office. I mean -- and they design it nice and everything, it comes before you. If you don't like it or -- you know, they have to come back and get a CUP or -- they come before the Commission and us, I just think that our ordinances and stuff and our zoning covers us and, you know. But we are tying these people's hands to try to sell and let's face the facts, every one of them is either going to develop it or they are going to try to sell it to a developer to develop it. Well, if we have their hands tied -- I mean a year from now something might be real strong in development, five years from now it might not be and if -- you know, if we tie their hands -- I don't know, it's -- the way I look at it it's their money out there, they are not going to do anything to lose money on, they are not going to build something out there that's ugly if they want to sell it or lease it and we have the design of it. Your staff has got the design of it. Review. I just don't want to encumber them with a square footage. Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: I'm working on this and I'm listening to Mr. Bird very carefully. The issue, as I'm sure everybody is aware, that we have in the past removed a requirement and the Meridian City Council January 17, 2012 Page 20 of 40 people that we were talking to that came before us we believe and we trust and, then, they sold it to somebody else who had this huge entitlement and read it differently than we did and it's rarely the people that are here making the application, it's somebody down the line that bought the property and thought they could do something that they didn't. I -- I think I'm more inclined to go with Caleb's suggestion and that is to, one, bump it up, let's say 40,000 and, then, say bigger than that is possible with a CUP. I think that leaves the door open -- it gives them our vision and if they don't want to building bigger than that, they go through the process, it's already permitted and staff can approve it, assuming it meets the design guidelines and the other rules that are in place. And if they want to fight the battle of making it a bigger one, at least the door is open by a CUP process and I -- I would have to say at the moment I am falling down on that side. Let's leave the door open, but still put a -- put a number on it, 40,000 and if you need it bigger, CUP would be the suggestion I would be happy with. Hoaglun: Councilman Zaremba, just to comment on your idea. I was thinking along the same lines. I was just thinking that anything above 20,000 would require a CUP, Conditional Use Permit type of thing. I didn't have a particular number in mind, I was just thinking they wanted to delete the 20,000 square foot, we just say anything above that here is the process to come back and do it and that way the rules are known. It's not that we prohibit it, it's just they have to go through a process and we say, hey, that looks great. I think of United Heritage Insurance.. That freeway visibility is.a big deal. If you talk to the CEO that's a big deal. And I suspect that's at lease a 20,000 square foot building footprint and they have a couple stories and I'm sure there is going to be some folks on that Ten Mile corridor near the freeway will want that same visibility and I really don't want to stop that -- stop them from coming to Meridian, we want them here, it's just that, okay, how do we put in place protections to make sure it fits what we are -- what the plan is for there, it looks good, and I think those types of folks want something that looks good, too. They want a quality development to represent whoever they are, which I'm sure you're going to bring, right, Becky? McKay: Working on it. Hoaglun: Anyway. This is a public hearing. Madam -- City Council -- no. City Clerk. Yeah. Down there. Did we have anybody else sign up to testify tonight on this issue? Holman: President Hoaglun, no, we did not. Hoaglun: Okay. Is there anybody out there in the audience who wants to comment on this issue? Come on up. State your name and addresses for the record, please. Janicek: I'm Louann Janicek. 270 East Connemara in Eagle. I am half owner of Janicek Properties. And I want to publicly thank you, Mr. Bird, for having the vision and knowing that if we cannot market this we cannot sell it. And I just don't see how that benefits the City of Meridian. If you put a limit on a building -- I'm not asking you to build a 100,000 square foot building. But if you limit that building, I can tell you nobody is knocking down our doors to build anything or develop anything out there. I believe you Meridian City Council January 17, 2012 Page 21 of 40 have covered it in all of your contingency plans. It seems to me like it's taken care of. If I have a real bone to pick it would be that you would allow Meridian 118, who is behind us, to not have any of that condition of square footage. They have a C-C zone, same as we are requesting, and no contingencies. I might also add that our property is encumbered the most by interior roads. I feel like we have given quite a bit and I'm just asking in return the availability to be able to develop that piece of property, to market it to someone who wants to come in and make Meridian better. Thank you. Hoaglun: Okay. Any questions for Mrs. Janicek while she's here? Bird: I have none. Hoaglun: Okay. Thank you. And question for staff. I did want to double-check that and I wasn't able to go back in the record and look. For the 118 property is that correct that C-C -- there was no restrictions on building size -- square footage? Wafters: Councilman Hoaglun, I don't believe there are any restrictions. However, I might note that there are different future land use map designations on that property. There is no, for instance, mixed use residential on the area that is zoned C-C and there was a concept plan that development is tied through that development agreement. So, a little different situation. Hoaglun: Okay. Good point. Thank you. Wafters: And also just to clarify something that you noted earlier on the 20,000 square foot footprint, .that only applies to the C-C zoned property. The HE that's next to I-84 it does not apply to. Hoaglun: Okay. Thank you. Bird: Mr. President? Hoaglun: Councilman Bird. Bird: In reference to bringing anything -- setting a limit on it and anything above that going through a CUP, just think to yourself if you -- if you were a purchaser and was going to spend millions of dollars on some land and you get down to it and they say, oh, yeah, you got a C-C. Well, you look what C-C says and it says all this and, then, you look at the development agreement and it says, oh, anything over 20,000 square foot you got to go through a CUP. While I realize 99 percent of the CUPS go through, there is always that chance that one percent is not is going to go through. I think we are covered and Caleb basically said it, in our own design and ordinances and stuff I can't see putting any kind of limit on somebody in a C-C zone -- and I realize 118 is a little different, it don't -- none of it fronts Ten Mile, but it's still a C-C zone right next to it. I just can't -- I just don't think it's fair to the people to put a restriction on the square Meridian City Council January 17, 2012 Page 22 of 40 footage. I think we are already protected myself. That's my personal opinion, Mr. President. Hoaglun: Okay. So, I guess, Councilman Bird, if Niki headquarters wanted to move to Meridian, Idaho, and they wanted to purchase a spot you would be okay with that? Bird: Who? Hoaglun: Niki. Bird: Man, I would be up there -- and so would you. Hoaglun: I would be very happy, yes. That is an inside joke. Brenda Sherwood, our economic development director, I told her I said all I want is one thing, you land Niki and you can have a job as long as you want. Bird: Yeah. Zaremba: Mr. President? Hoaglun:. Councilman Zaremba. Zaremba: Again, there was a great deal of study that went into the original Ten Mile area plan and I just -- I need to be refreshed on what -- the properties that we are not talking about around this were designated. The property to the north of it, the property to the east across the street -- the snowball effect of saying, okay, we are going to ignore the Ten Mile area plan in this instance, what impact is that going to have on the rest of the plan across the street and up and down this street. Are there other TN-Cs and C-Cs and -- Hood: Council President, Councilman Zaremba, I can remember directly north of the subject property is a high density residential. Bird: It's R-40. Hood: Yeah. Across the street, though, I can't remember what that designation is off the top of my head. It is some mixed use planning commercial -- as far as the snowball effect, I mean, who knows, we haven't seen the concept plan yet, so we don't really know what the trickle down may be, you know, especially when we are talking square footages. I don't really foresee anything that the Council does tonight would necessarily affect across the street so much. I mean there are different -- you know, going to work and coming home sides that you want to be on I think that will factor into that. But, again, I don't know that your decision tonight will affect any of that. The lifestyle center is directly across the street at the -- Meridian City Council January 17, 2012 Page 23 of 40 Zaremba: What you're showing now helps. Thank you. And also your assessment that this may not have an impact across the street also helps. All right. Thank you. Hoaglun: Question for Sonya. The pipeline where it shows the green, that is the Williams pipeline through there or is that the -- is that the drain? Bird: That's the drain. Zaremba: Yeah. The green is a waterway. The canal. Watters: Councilman Hoaglun, that is a drain. Zaremba: The pipeline is -- Watters: Further to the south. Hoaglun: Okay. Zaremba: -- a little farther to -- Hoaglun: I knew it was in that property somewhere, but I couldn't recall where Watters: The gray you see here on this map is where the pipeline is located. Hoaglun: Okay. Thank you. A question for legal counsel, Bill. Any motions made on this, they have to be -- there has to be three different motions, one for each property related to this? I read that somewhere, but it didn't -- I think that was asomething -- or it can one --since it's one zoning or annexation application -- Nary: Yeah. Council President Hoaglun, Members of the Council, yeah, it's one application. So, it's one approval. So, you don't have to make a separate one for each property. Because it's been -- it's been all one whole application, one development agreement with all the different signatory -- it's all -- it's all been one project. Hoaglun: Okay. Thank you. Watters: There are three separate development agreements, though. Just wanted to make sure I didn't miss something there. Hoaglun: I think, Sonya, that's what I was thinking, there is three separate development agreements and that's why I was curious, we don't have to approve three -- all three agreements separately, Bill? Nary: No. Hoaglun: Okay Meridian Cily Council January 17, 2012 Page 24 of 40 Wafters: It's only one application, one file member, but -- yeah Hoaglun: Okay. Great. Thank you. Hood: I would request, though, Council, that any changes you make, make sure you're in the right DA or you make it in all the DAs or whatever property -- you know, it's applicable to that development agreement. So, any motion you may make to amend that, if you could make it clear that it's an amendment to all three or two out of the three or one out of three or whatever the case may be, so -- Hoaglun: Okay. Thank you, Caleb. And, of course, I might mention when we are talking about options, you can always take this and say, yeah, we like this, this is a whole new deal. We can send it back down to Planning and Zoning Commission and have them kick it around some more and bring it back. I mean that's just an option. It doesn't mean it's something we have to do, but it is an option. So, with that, Becky, do you want to wrap up? McKay: Thank you, Council President Hoaglun and Members of the Council. I guess I just wanted to -- to make a couple of final comments. On Meridian 118 they are .medium -- they .had. medium high density residential, mixed use residential. But they didn't have any TN-C component. They were given ME and the C-C. I think Councilman Zaremba talked about deviating from the plan. That matrix says what zones are appropriate for these designations and it gives a menu for the Council to choose from. The C-C is one of those designated zones that is allowed for the mixed use commercial, mixed use residential that are on the Janicek property. So, it's not a deviation of the plan, it is a choice of which zone is appropriate based on the Council's best determination. I think Louann had a good point, in Meridian 118 they are not saddled with any max -- or, you know, maximum square footage of 20,000 and so, you know, that property is for sale. We looked -- we saw it in Thornton Oliver. They came through with a plat. They are trying to sell it. I will bet five dollars that somebody will come back with a new site plan and architectural designs and you guys will be re- looking at that one, too. So, I don't -- I really don't see this one as any different. As far as -- you talked about projects changing hands. They didn't have the Ten Mile specific plan as their blueprint either, the ones that we have seen that have changed hands. They had a designation in your comp plan, they got annexed, they got zoned, they may have had a concept at the time. The project went back to a bank or was sold to someone else, changed hands, now they are back before you. The beauty of this one is that you have that blueprint of the Ten Mile specific plan. It's a specific plan for a reason and that sets those parameters and I guess that's what I'd like the Council to realize, that it is not cart blanche out here, it never will be, not with your design guidelines and architectural standards, not with this Ten Mile specific plan and I can guarantee you if someone comes in and they are proposing something that doesn't fit with that vision, I know the staff would recommend denial. I know the Council would say, you know what, I think that building is just too large right there next to Ten Mile. Staff, you're right. And what happens? You deny the develop -- the DA mod and the Meridian City Council January 17, 2012 Page 25 of 40 concept plan and you send them back to the drawing board again. We have done it before. I just want to make all this come together. It's been one of the longest hauls I have ever been on, one of the most complex projects I have ever been on and I guess if the restrictions are such that I can't get everybody to agree that -- to sign off on these DAs, then, my little pyramid that we have built over the past year trying to get every one board kind of starts falling apart and I think Louann Janicek, that's her primary concern. She's got a partner in this who happens to be her ex-husband and, obviously, with 50- 50 -- you got to come to a consensus, so -- so, I think, you know, her fear is that -- that if it is so severely restricted that -- that this whole plan may fall apart and we have got a great opportunity here and this transportation plan, getting these right of way easements, getting that trust fund from ITD -- 458,000 dollars in a trust fund to ACHD to build this -- start this collector, get that line in, get the intersection established, is going to benefit this area. It really is. We just need to take the first step and get this done, get the right of way easements established and I guarantee you guys will have the final say in whatever goes on out there and this is going to be a beautiful area and that plan is going to make sure of it. And I guess I would ask you to, please, consider elimination of that 20,000. I guess it's just -- it's just too low. Thank you. Hoaglun: Okay. Thank you, Becky. This is a public hearing. So, a motion to close the public hearing would be in order. Bird: Mr. President? Hoaglun: Yes. Bird: I move we close the public hearing on AZ 11-001. Zaremba: Second. Hoaglun: There is a motion and a second to close the public hearing on AZ 11-001. All those in favor say aye. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Hoaglun: The item is before you. Bird: Mr. President? Hoaglun: Councilman Bird. Bird: I would move that we approve AZ 11-001 with removing from all three DAs the restriction of any square footage on buildings and also to include all staff and applicant comments. Hoaglun: I'll second that. We have a motion and a second. Any comments? Meridian City Council January 17, 2072 Page 26 of 40 Bird: I have none. Hoaglun: Okay. Madam Clerk, please, call the roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. Hoaglun: Thank you. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Hoaglun: Long and winding journey, Becky. Item 8: Department Reports A. Public Works: Discussion of Public Works Inspection Services Bird: Nice job, Beck. We are on Item 8-A, Department Reports, Public Works. Warren, are you doing that or Tom? Tom, you're up. Bird: Mr. President, before Tom starts, can lask -- Tom, what's the new do? Barry: The new do? Bird: I mean I don't hardly recognize you. I know you're not getting any younger. Barry: That's true. But I'm trying to hang onto every second I have got, so -- that's right. No. I appreciate you noticing that and embarrassing me. Bird: When you get my age you start backwards. Barry: Yeah. Bird: You know, I'm 70 now. Next birthday is 69. We start back down. Barry: I like that. Hoaglun: Tom, what do you have for us tonight? Barry: Thank you, Mr. President, Members of the City Council. I wanted to speak to you tonight about the Public Works inspection services that we provide. This would be underground utility inspections for both water and sewer, related to both capital projects, those are projects that we build as a city, expansions of water lines, infrastructure, sewer lines, well and facility improvements, like wastewater treatment plant improvements, wells, those type of things and similar services provided for the private development project that we have in the city as well, things like residential subdivisions or, you know, apartment complexes or those sorts of things as well. We currently have Meridian City Council January 17, 2012 Page 27 of 40 three inspectors in Public Works and up until 2010 we had four inspectors in Public Works. I'm here to talk to you tonight about restoring the one position that we let go in the budget last year and Councilman Hoaglun was our liaison last year, Councilman Zaremba is our liaison this year, both of them briefed on this. Up until 2010 we had run with four inspectors, as I mentioned, and when the -- one of those inspectors had been terminated for cause from the city I had held that position open in an attempt -- because at the time we wanted to evaluate whether or not we really, in fact, needed that position refilled. So, we kind of bumped along for some time. As you know we had a change in our chief inspector position during that same time period and I asked for an analysis to be done after we got our chief inspector position refilled with Joe Meusch, who is actually -- I don't know if you have met him or not in the audience here. And he's done just that. And, essentially, what we were sort of hoping for, which was a continuance of the same quality inspection services we have been providing for some time with three staff is no longer possible for us. We wanted to talk with you tonight about sort of why the need for restoring this position, which was once in Public Works for many years and let go in the budget last year is now needed again. So, that's the reason I'm before tonight. So, I wanted to just brief you -- see if I can get the --great. Thank you. Talk a little bit about the type of inspection services we provide very quickly. You're familiar with most of these. We do reviewing of plans and specifications and also document construction activity through various inspections and other sorts of services for capital projects, .as well as -for private development projects and the construction activity documents develop -- we develop reports, inspection reports, which include a variety of different types of assessment as to what's going on in the field and this is done, again, mostly for water and sewer projects, although it includes infrastructure projects as well. The -- I guess we have got problems with the machine tonight. Thank you, Caleb. All right. So, what staff did in our analysis -- because we wanted to bring that to you this evening for discussion -- is we looked back at two years worth of data and we tried to analyze, okay, what are our typical base load projects? What's our typical workload. And so we have been -- as we have heightened our ability for record keeping we were able to go back to the last two years and evaluate, essentially, what kind of projects -- what kind of time frames, how much staff were required to, essentially, inspect these various projects and we came up with what's called a typical base load. And these are some projects here on the screen that coincide with these types of projects we have been working on recently for private development. A couple things have been -- you know, the bright side is there has been a bit of an up tick in development and we are seeing that around Meridian. If you look at kind of what's going on recently with the Center Cal development, Center Cal itself includes, essentially, 28 commercial buildings and a variety of different townhomes, lifestyle center for us. The Zebulon Four residential subdivision, Spurwing Heights residential subdivision, the Scentsy campus, which is in full swing, that includes a distribution center, a power center, two warehouse facilities, IT building. Also the Meadow Lake Village expansion, Rosarias supermarket and Regency apartments, which will be about 700 units as well. On the capital improvement side we have been, of course, very busy and we are seeing an up tick in capital construction again. We have had a lull over the last two to three years. Right now we are running about 50 to 60 capital projects on the city's improvement project plan over the year's time. So, essentially, we are still very busy and so -- one other Meridian City Council January 17, 2012 Page 28 of 40 thing that we are doing as well is warranty inspections. We talked with you about that and we have done about three to four warranty inspections over the last four months alone. So, it's not really a big time commitment at the moment, but certainly is something that is important for us. So, what are some differences in our inspection services today than say as opposed to 2008 and 2009? We have made quite a bit of improvements and we have been sharing these improvements department wide with you in our strategic plan updates over the last several years. One of the major improvements that we have been focusing on are process improvements and this is, then, certainly the case in our inspection arena as well. As it relates to the kinds of improvements we have been making in inspection, we have been doing a much better job of improving our CIP pay application verification process. This is where we have engineers and inspectors working together to make sure that capital project work has been done before the work's been paid. It keeps us out of a situation where a project engineer on the city will issue payment for work that may not have been done, so that's certainly a benefit to us to insure that we have coordination between inspection and project management side. We have also increased our coordination with -- of construction meetings for both water and wastewater personnel, insuring that we have appropriate conversations prior to the design and construction of various facilities to make sure that those facilities, once installed, meet the needs of the city. And this helps, of course -- it benefits the city in many ways. One is to minimize change orders and .also reduce. costs over the .long term. We. have also enhanced -- .and. this is probably one of our biggest benefits over what our process improvements have been in the last couple of years -- is that we have enhanced markedly the inspection documentation process. Our recordkeeping is lots better now than it used to be and for good reason and you are familiar with some cases recently where the documentation has come in pretty handily for us. It's important to make sure that we have the appropriate documentation on capital projects, even private development projects, to insure that we can defend ourselves in certain positions and also make sure that the right thing is being done at the right time by the right people. As well we have increased our coordination with project managers, insuring, again, that the expectations of the design engineers and project managers are met in the field during time of construction. And, then, I mentioned also constructability reviews. These constructability reviews, again, are an attempt in advance, similarly as I have mentioned, to coordinate all the logistics of the construction prior to the construction, so that the inspectors are clear before the first dirt -- first shovel is turned on what exactly the project is going to be and what to expect on that. We have also improved as well our preconstruction meetings. We have been recording those, as you all know. That was in improvement we have made and been doing a lot better on documentation that way. And, then, warranty inspections I mentioned also. So, there is lots of improvements going on. Now, these improvements come with an enhanced or required increase in time for the staff. You can't make these kind of improvements on the same number of hours that the staff were committing to inspections and administration back before these improvements were made. But we all agree that these improvements are the right improvements and are necessary to insure that we have a quality inspection program. Moving forward I want to talk about personnel availability, because the staff and I worked together to evaluate, essentially, what kind of capacity do we have with our existing three inspectors and a Meridian City Council January 17, 2012 Page 29 of 40 capacity analysis has to include, essentially, what kind of time do the inspectors have for the inspection related work. If you look at the typical work year you end up with about 2,008 hours of work time. Now, a good portion of that, as you know, is consumed by holidays, sick leave, vacation and, then, a whole bunch of other administrative duties and going back two years, we have been able to evaluate what those components are and we have put them here for you on the screen. Essentially any particular FTE or inspection staff member is only able to spend anywhere between 70 and 72 percent of their time in the field doing inspections, because either they are meetings or they have these other areas that are consumed by personal time or vacation or those kinds of things. That's significant, because what that does is takes a 40 hour work week and it reduces it around 29 to 30 hours, because the other time is consumed by these other areas, as I have mentioned. So, that's one thing to keep in mind as well. And this is -- this is the case with not just inspection, but it's the case with every staff position. I mean you can't say that you're going to get a full 20-80 hours out of any position if that person is taking time off for holidays, if they are taking time off for vacation or sick leave and, then, certainly there is a variety of different types of administrative components to every job, which are varied by that job. So, then, after we look at what's available, really, then, we say, okay, what do we have with regard to our base need? What -- what are we able to spend on projects? So, we went through this two years of data and we, essentially, established that over the past two years we have been able to put together a baseline and that baseline shows that on average we are able to.accomplish about 15. projects a day per year. Now, that is an entire inspection team. That means, essentially, currently we are spending approximately one hour currently on these projects per staff person per day, when, in fact, we really need to be spending one and a half hours. So, we need to bump up the time by simply a half an hour per project per day in order to meet the need that we have for the inspection program. But that doesn't seem like a lot, but it actually ends up being considerable and that's what I wanted to share with you this evening. So, our ability currently is one hour per day per job or per project and that gives us a combined work group hourly load, if you will, of 75 hours per week. Again, as I mentioned, we need one and a half hours per day per job, which means that the need is about 112.5 hours per week as an inspection group. So, you can see we are short just about 37 and a half hours here per week and that's, essentially, of course, equivalent to about one FTE. Considering, again, based upon the workload allocation graph I showed to you earlier, we are not going to get that full 37 hours or 40 hours with an FTE, we are going to get something like 30. So, we will still be a little bit short, but we feel like we should be able, with continued improvements, to make adjustment and be fine with that particular FTE. What we did also is we benchmarked ourselves against other communities in the Treasure Valley and beyond and based on our population and the comparisons of other populations, what we have noticed is that, essentially, there is an average of about four FTEs for a population of around 80,000. And that's looking at, of course, Medford, Oregon, Caldwell, Bend, Lewiston, Twin Falls, Nampa, and city of Boise is certainly on the larger side here. So, that was in alignment with where we were up until 2010 as well, with four inspectors, and certainly is something we have come to realize through a little bit more robust analysis as well with regard to our needs with -- for inspection time. So, if we look forward -- because one thing we don't want to do is we don't want to hire somebody Meridian City Council January 17, 2012 Page 30 of 40 and, then, three to four months or six months or eight months or a year or two realize, well, we don't need that person anymore and end up in a situation we may have to let them go. So, part of the analysis included, as you know, one thing we are big in in Public Works is modeling and projecting. So, we looked at our capital improvement plan and we looked at --and talked with the folks in development services and projected out what would be sort of the typical base load going forward with regard to projects and what we realized is, essentially, that for the next five years certainly -- and that's as far out as our capital planning goes, that's as far as our strategic planning goes and it's as far out as our model goes, the base demands continued to justify an inspection team of four FTEs or this additional person. So, one other point that I wanted to mention is that we have not, as I said before, been able to meet the inspection needs today. So, you might be asking, well, how are you getting by and the answer is we have been getting by by consulting our service -- consulting that service out. For example, we spent 75,000 dollars recently to inspect or have inspection services provided by consultants for three separate projects. Seventy-five thousand dollars bought us a combined total of one hundred hours of inspection. Now, keep in mind that, essentially, we need, you know, on the order of -- or, excuse me, one hundred days. I said one hundred hours. I'm sorry, that's way off. It bought us one hundred days of inspection time. And keep in mind that there is 250 working days in a year. So, in order to get that same level of service we would be spending on the order of 180,000 or more for that same service, which we think we can do for far less, with the addition of one.staff member and still get an additional 50 hours per -- or 50 days -- work days per year. So, that's important to keep in mind as well, that right now the way that we are getting by is we are consulting these services out and that doesn't seem like a good use of funds, particularly if you look at the next five year period and you say, okay, what would it cost us over this five year period. Well, if we had an in-house inspector three position that would cost us around 72,000 dollars a year for a combined five year total of about 432,000 dollars or we could continue to consult these services out and get a lessor amount of working days each year, which -- at a cost of 150,000 dollars per year, which would equate to 900,000 dollars over that same five year period. So, we think that the timing is right. We have done the analysis and the analysis suggests what we -- what we have as a recommendation for you this evening, which is to allow us to move forward in bringing about the inspector three position back to the city, allow us to fill that position. I will mention again it's a position that we have had, you know, since 2010 and in an effort to see if we could get by without it we went for a year and a half or so and the Mayor and Councilman Hoaglun and myself agreed last year to pull it out of the budget, because we thought maybe we could get by and at least not tax the Enterprise Fund with a vacant position that's going to be held on for some time. We discuss at that point in time if the position needed to come back we needed to come to the City Council and present our case, which is what we are doing this evening. So, with that I will stop for questions and we have inspection staff here tonight and certainly our chief inspector and myself ready to answer any questions you might have. Hoaglun: Thank you, Tom. Any questions? Bird: Mr. President? Meridian City Council January 17, 2012 Page 31 of 40 Hoaglun: Councilman Bird. Bird: Tom, I got a couple things. That 72,000, does that include benefits and everything? Barry: Yes, sir, it does. Bird: Okay. Have you considered -- and I'm just throwing this out -- like we do with our building inspectors, subcontracting? Barry: Yes, Mr. Bird, we did and I -- as I mentioned the contracting out of these services is pretty pricey. The recent example is those three projects for a hundred working days at 75,000 dollars. Bird: Yeah, but you're hiring a consultant at that time. I take it it's probably a professional engineering firm or something? Barry: That's correct. Bird: .Yeah. .Well, you don't -- do you have to have -- do you have to have a professional engineer or -- is all our inspectors professional engineers? Barry: No, sir. Bird: Okay. Barry: And they not -- Bird: Why -- I mean why don't we -- like we do with electrical and stuff like that. Have we ever considered that, Tom? I'm just throwing this out. Barry: Sure. Bird: The 28 workable hours -- 29, 30 hours -- workable hours a week is not acceptable to me. You -- you don't live in the real world if you only get that. I realize that just with vacation and holidays you only get 1,912 hours out of your employees, but 72 percent of it is work? I -- I have a hard time with that. Barry: Council Member, you bring up some good points. So, let me just clarify that statistic as well, which we verified internally as well. The number of hours that we have calculated just for the record and for your benefit, for vacations are 96 hours per year. That's if everybody accrued the eight days per -- or, excuse me, eight hours per month or the 12 months. That's 96 hours. Holidays you take off another 80 hours. Sick leave, if somebody uses their sick leave as they accrue it, which many of our staff do, you have to take off another 96. So, those -- those three components I think we could all Meridian City Council January 17, 2012 Page 32 of 40 agree that's just --that's just the way it is. Some staff aren't as sick as much, some staff are sick more. But the other percentage that I was talking about, the remaining 374 hours, is meetings. Now, Councilman Zaremba has sat for the last four months with my inspection team and my construction manager on a focus group just about every week for two hours. One meeting alone. Not to mention the subcommittee work that goes on behind the scenes, which you're well aware of, Councilman Zaremba. Those kinds of activities, including things like revising the standard specifications for the city or doing time cards and filing and answering phone calls and correspondence and all -- that's noninspection work and that's what we are talking about, Mr. Bird. That kind of work is work that has to get done, but it takes our inspectors out of the field and puts them in the office doing that kind of work and I know it seems like a large number and that's the reason I bring it up, because it is a large number, but the reality is it's a real number and, like it or not, the difference is that we only end up with 70 percent of the time in an average work year to devote to inspections and that's one of the areas that's been difficult for us to overcome. Hoaglun: Just a comment on what Tom said earlier about the vacancy -- creating the vacancy. My recollection of the conversation was Tom wanted to hang onto it. It says I foresee a time that you're carrying it -- he says, you know, I foresee a time we are going to need it. I don't know when, but we will need it. I prefer to carry it. Well, the Mayor and I and, of course, Finance .said, well, you know, let's just get rid.of it and when you need it come to us and I'm sure everything will work out. So, that's the only difference I have in that recollection, Tom, but -- Barry: Thank you, Mr. Hoaglun. Hoaglun: But it was discussed that, you know, if it's going to be vacant for some time let's just get rid of it and the need -- when the need comes we can -- we can look at filling it again, which -- which it looks like, thankfully, the time is now that has come and it's certainly good if we have got inspectors and you need more inspectors, then, we have got activity out there in the community and we appreciate that and we want to make sure we provide good customer service to get things done on that, so -- anyway, any other questions, comments? Zaremba: Mr. President, I would just comment that I think it's a good thing if we need to refill that position. It speaks well for what's going on in the city and the need for it. That's a good position to need to fill. Hoaglun: Tom, did you want us to take any action on this or was this just a discussion? Barry: Thank you, Mr. Hoaglun. I wanted to just have the discussion with you this evening and get sort of your temperature on how to move forward. My recommendation is to bring a budget amendment forward at the next Council meeting and ask for your approval of that budget amendment, so that we can fill the position before the construction season really picks up and this is what we are trying to get ahead of, because we don't think we are going to be able to make it through the summer. Meridian City Council January 17, 2012 Page 33 of 40 Otherwise, I would have just put that position in the budget for the fiscal year 2013. I will say that the budget amendment is ready to go pending your favorable consideration tonight and I want to point out to you that it does include a vehicle, because we have reappropriated all the vehicles we have in Public Works and so we do need a vehicle as well. So, that's going to be a one time expense. I will talk to you more about the fiscal component of this, if you allow me, next week, but, essentially, the Enterprise Fund can accommodate this. We have modeled for it and we can include it without disruption to -- or compromising of our base budget and certainly our ending fund balance, so -- Hoaglun: Okay. Appreciate the information, Tom, and we look forward to dealing with that probably next week then. Barry: Great. Thank you, sir. Thank you all. Appreciate your time. B. Legal Department: Ada County Highway District Cost Share Permit -Ustick & Ten Mile Intersection Hoaglun: Okay. Now, next up 8-B. Legal Department. ACHD cost share permit. Nary: Thank you, Mr. President, Members of the Council. This is really a joint presentation .both from the legal department, as well.as Planning. Caleb is here to speak to the planning component. What you have on your agenda is the cost share permits. ACHD, as you well know, passed an ordinance last year in relation to cost share and what that means in relation to various road projects that occur. This particular permit is the first one, so I think there is a couple of things that we at least want to point out to you if those are issues or concerns. Mr. Lucas is here as the highway district's representative and if that's the direction the Council wishes to take to provide some feedback to the highway district, but Ithink -- I think a couple of things before Mr. Hood takes over, but there are a couple of issues of concern. Basically this is a roadway project at the area of Ten Mile and Ustick. There are some parcels that are -- belong -- that have been purchased as part of the right of way take for the intersection improvement by the highway district that are on the southwest corner of that. The map is up there in front of you. They are parcel eight, nine and ten, but this permit goes beyond just that particular section. It deals with the right of way improvement or detached sidewalks, both for that section, as well as the property to the north, as well as the improvements both to the south of the --parcels eight, nine and ten along Ten Mile, as well as the improvements that are done to the parcels that are attached to the subdivision on the east side of Ten Mile, both on the south side and the north side. There are some -- some things in the permit that we can discuss, but that's, basically, what we are here for. The highway district is looking for either consent from the city or feedback from the city in regards to the permit. Their target date to get either a final decision from the city yea or nay on this particular permit is approximately the first week or the first full week of February they would like to get this project out to bid and get this constructed here in the early spring, late spring, whatever. Ithink I'm going to let Caleb take it from this point. He's got kind of bullet pointed out to you folks, just Meridian City Council January 17, 2012 Page 34 of 40 kind of the issues and concern that we want to raise to you and see whether they are concerns to you as well. Hood: Thank you, Mr. Nary. Council President, Members of the Council, Ihope -- usually I go to the podium, but I've got some things here that I want to have easy access to. If you don't mind I'm going to just stay put here -- Hoaglun: You're good to go, Caleb. Hood: -- for this presentation. Just a little bit more background before I get into some of those bullet points regarding the cost share permit. Bill and I did go over the ACHD two Fridays ago now -- a couple Fridays ago and we met with the project manager AI Bush and their legal counsel Steve Price, at which time they outlined the terms, essentially, of this cost share permit. Bill mentioned this is the first cost share permit for the city and ACRD and together. So, we are -- we are it. This is the first known one in Ada county and so we are taking this to you and I have went through it a few times now. Our legal department has as well and I do want to just go through the terms with you. I think the easiest way, probably, to do that is to break it up, essentially, into three different sections, the way I see it. There is really three different components to this permit and the diagram I think does a good job of explaining them. So, the group -- the first section .for parcels 12, 14, 16, 18 and 19, which is on the northeast side -- so it will run north-. south along Ten Mile there, that would be -- see if my pointer shows up. I don't know if you can see that. It's these parcels basically on the east side of Ten Mile, north and south. The draft permit says the maintenance of these -- the interim treatments in the form of existing weed barrier and two inch minus drain rock, along with conduit for future irrigation is the responsibility of the city. So, the maintenance and interim treatment in the form of existing weed barrier. That might be okay. There is already drain rock out there, so that's probably not that big of a deal. If you read on, though, it says: After a ten year period the interim treatments must be replaced with developed landscaping in the form of irrigated grass. And now that, in my honest opinion, is a difficult one. There may be -- whatever gets put down with this project is probably going to be there maybe forever. We are talking about an existing developed subdivision where back in the day our codes may have not applied, but there is existing drain rock out there today and I know of no forum for the city to go back on that homeowners association in ten years or whenever and say, hey, times due now, you need to landscape this. I just don't -- we don't have that mechanism in place today. So, I am concerned of that particular language. And, again, just to call your attention whatever goes down there with this project is probably what's going to be there for a long time. It may not meet code. It may be nonconforming, but we usually don't spend our code enforcement efforts on things like this. As long as the weeds are kept down by the adjacent HOA we usually don't make a big deal out of it. So, I do want to call that -- that's -- that's one situation of the three that I will point out. The second one, then, applies to parcels eight, nine, ten, which Mr. Nary called out as the ones that are on the southwest corner that ACHD currently owns. Thirteen, 15 and 21, which are the ones just directly across Ustick Road. Part of the McNellis Subdivision. And the permit says ACHD authorizes and requires the design, construction, and maintenance of interim treatments within the six Meridian City Council January 17, 2012 Page 35 of 40 foot wide pedestrian safety buffers present in front of those parcels. So, ACHD is requiring the city, because the plans have detached sidewalks to design, construct, and, then, maintain the interim treatments or if you want to put permanent in that would be okay, too -- the interim treatments in front of those parcels. It, then, goes on to say, similar to the section that I read you: After a ten year period the interim treatments must be replaced with permanent landscaping. Now, for this one the interim treatments I don't think they are going to last ten years. I think those properties I just called out there will develop within a ten year period and I think probably, hopefully, within the next couple of years. So, I'm not too worried about it being there long term. I really do think that would be an interim treatment in that case. But I am questioning a little bit of why the onus to put in the weed barrier and rock is on the city. That -- for a couple of reasons. One, as mentioned the one on the southwest side is an ACHD owned property. The other one would be --and, again, I think it's just -- it's sort of incidental to this roadway project. I mean it is -- it's between the sidewalk and the curb. So, to me that's something that the highway district wouldn't be violating their own cost share ordinance if they were to install some interim rock. They could even recycle that if they sell that surplus property off and it developed, but we don't currently have any money budgeted to install any interim treatments and weed barrier. I did get some cost estimates from AI Bush, the project manager. We are talking about 7 ,000 dollars to improve that frontage with this project. Now, that would be a cost that ACHD would have to incur, too, to be fair about it. But it would be a cost that the city wasn't planning on incurring, especially in this fiscal year. And, then, again, the second part is that if by chance it doesn't -- one of those properties -- or all of them don't develop, we are still on the hook to -- after ten years potentially install it with permanent landscaping and to me that's just -- it becomes a nightmare ten years from now to say, oh, that -- that one house didn't redevelop and now the city is on the hook to -- to put the irrigation and landscaping down. I'm not overly concerned about that, but did just want to call that out. And, then, the third situation here is in front of parcels seven and 12. So, seven is on the far south end on the west side here and, then, 12 is actually east-west along the north side of Ustick in this general location. And the terms state: ACRD authorizes and requires the design, construction, and perpetual maintenance of the permanent landscaping in front of parcel seven and 12. This one to me is probably the one that causes the most concern and I think, hopefully, we can -- after talking with ACHD can sort of talk them out of this, but there is existing landscaping in those areas. ACHD's project is removing some of that landscaping and have compensated the HOAs to place back some landscaping. Well, in the terms of this they are putting the onus to make sure it gets put in on the city. To me that's directly in relation to that project. Even if the sidewalks are attached ACHD would have to go in and patch back in the sod and the trees and everything else that they are taking out with the project. So, to me, whether it's attached or detached, the landscaping needs to get put back in and I don't understand how that can be put on the city to patch back in landscaping, essentially, there. That's something that's typical with an ACHD project. If it's landscape and their project goes in and puts a sidewalk in and they take out some of that landscaping, they will match it back in. And, again, just kind of an incidental cost. So, to have that say that the city is on the hook to making sure that the HOAs patch that back in -- again, similar to my first concern. One, we don't have a mechanism to do that. Now, we have Meridian City Council January 17, 2012 Page 36 of 40 city code, but we really don't have any protocols to say because of that roadway project your subdivision is no longer in conformance, you have so many days to improve this landscaping. Or the alternate would be the city budgets for -- for it and puts in and -- and Idon't think that that may be is an appropriate use of city funds either, so -- so, those are kind of the high level -- I guess I should point out the other -- the southeast corner of this intersection has attached sidewalks. So, really, there is no issue. It's not addressed in this permit. It doesn't meet our city code and it's not consistent with TLIP, as are the other three sides of the intersection, because they have detached sidewalk. But there really just isn't an opportunity to do detached sidewalk. Those homes are so close, the backyards are so close, and with the additional planter areas it just doesn't -- it doesn't make sense and the impact would be too great. So, that one is kind of out of the picture for this permit. So, just a little more -- and I mentioned it a couple of times, but I do like that ACHD has designed into their project detached sidewalks on three corners. It's consistent with city code. It's consistent with TLIP. It's been something that's been in this plan set for about seven years now. I guess that's another sub point is this project has been 99 percent designed since 2006. This isn't something new and to retrofit -- and I hate to use the term grandfathered, because we get called on it all the time, but -- but to ask the city to retrofit it for something that's been in ACHD's design all along just doesn't -- it doesn't seem right anyway. So, that's something I'd like to explore a little bit more with ACHD and I guess that's my recommendation at this point is .would ask for some .direction from the Council to negotiate to try to understand the terms of this permit. I don't recommend that the city sign this permit as currently drafted. I hate to see this project delayed. It's a very important project. This intersection has seen tremendous growth in traffic counts since the interchange opened. It needs to be improved. At the same time I think we need to understand where ACHD is coming from and the implications to signing, to not signing, to maybe working something out with them to come to some other understanding than the terms that are currently in this agreement, because, again, just to be frank, Idon't -- I don't necessarily think it's -- it's equitable at this point. So, I guess that's where I'm at at this point. I know it's a very high level of the permit, but I think those are, essentially, the -- what the -- the draft permit calls for. I did speak with Justin just briefly before -- before the meeting and -- and asked him that -- you know, I would be talking to the Council and ask that we have some more time to consider this, to understand this, with -- with whoever, if it's the director or the commission or legal staff over there or what, but just to understand exactly where we are at and if this is their final and best, if it's a take it or leave it type thing or if there is some room for negotiations. So, I think it would be appropriate. Justin is our newly appointed liaison -- to break him in and see if he can help us out with at least exploring that avenue a little bit better, so we can understand where ACHD is coming from. Again, I'm not trying to be overly difficult, but I don't want the city to get into something that by signing we are setting ourselves up for failure in the end, so -- and I think we just maybe need to explain some of that to ACHD to see if they -- Hoaglun: Caleb, my recollection is the city has paid for interim treatment, but my recollection on Ustick Road, it was still in the county, there is going to be future development. We would, then, require the next -- the new land owner to put in the Meridian City Council January 17, 2012 Page 37 of 40 landscaping and the different things. I mean we -- we have never paid for -- within the city limits any -- like you said, this is the first one, but the only agreements we have had with them to do this where we have paid was because it was outside in the area of impact. Is there any other thing that we have done? Has there been other cases? Hood: I can't think of -- and that's a great point. I didn't initially point that out to you. All -- all the properties that are on the screen are currently annexed into the city and that is a little bit different than the Ustick project where we agreed to pay for the weed barrier and some roto mill material to put down interim, because it's in front of county parcels. And those will redevelop. We are pretty certain. Some of these homes that are there, particularly parcel 14, I think that's going to be there forever. I mean I don't know when -- you know, at least there will be a single family home and we won't be able to apply some of our current code to that. So, again, we are setting ourselves up to where if we can't require the adjacent property owner to improve those things, we are going to be on the hook for. So, I know of no other instance where we, the city, has paid for interim improvements such as the weed barrier and rock, other than on front of county parcels. Hoaglun: And the other point I guess I want to make is the fact that the weed barrier and rock is an interim item and I have never seen that as -- I have never considered that landscaping. It is a way to transition to landscaping down the road when -- like in the county parcel, it's just a low cost way to get the. improvements in, have .everything designated in place, they have the weed barrier just so we don't have weeds exploding everywhere. Weed barrier and rock. And, then, in the future when that property -- that corner develops we require that landowner to put in place irrigation, landscaping, trees, what have you, whatever works best for that particular area and, then, we considered it landscape. I mean this to me is part of the -- the construction process. We have the detached sidewalk, which is -- which is a safety issue, among other things, and, then, just the interim treatment is rocks. So, I know ACHD may disagree with us on that, but to me it is interim, it's not landscaping, and I can understand why they don't want to pay for landscaping, because we could be over the top in our requirements for them and they want to put the money towards construction. I truly understand that. So, this is a low cost alternative in the interim before we get to that point. But as you point out on that northeast side, for example, that's all that's going to be, because we really have no mechanism to go back and do that and redo. That's -- and some of the places we will be stuck. But on the northwest side we can even probably talk to that property owner now to say, okay, let's go ahead and get that landscape now and see what can be done. And, then, on the southwest corner, that's a whole new dilemma where the property owner themselves is ACHD. Now, if they said no, we are not going to landscape, because we are going to sell and they put in a sidewalk up next to the road, if they want to sell that and we tell a potential buyer, oh, by the way, to meet code you're going to have to rip out the sidewalk and put in a detached and they go back to the seller and say, oh, before we buy the property we want you to do that, we are wasting taxpayer money. That just doesn't make any sense to -- if we are going to require that as a property owner, what we are going to -- that just makes my head spin. Meridian Cily Council January 17, 2012 Page 36 of 40 Hood: And I do -- that's a good point and I do want to make a couple of clarifications along those lines. So, if by chance the city doesn't end up signing a cost share permit on this, ACHD could go and redesign the project and put in the attached sidewalks as you just mentioned. And you have explained how that would play out and the city could say, well, those are attached sidewalks, don't meet our code, we need them to be detached sidewalks. That -- that is a possibility and I did talk to AI a little bit about that. He did mention that if -- if that were the case and it needed to be redesigned, ACHD decided that was the prudent thing to do, it would take about two months and so it would delay this process about two months to get the intersection reconfigured, so the cons to that are it delays the project another two months and we end up with the attached sidewalks for however long it takes for those properties to develop. The northwest side -- I don't think we are in -- you know, as this aerial shows, it's -- it's ready for development. It's -- it's ready to go. I don't think we are going to be too far off. In fact, the city is holding a bond for landscaping in front of that property. So, if -- I'm trying to work with that property owner currently, set up a meeting to figure out how we can -- he can work with his landscape architects and maybe even hire ACHD's landscape folks that they are going to have out here on site to do the work needed in front of their -- in front of that development. So, that's a little bit different where I think that one is more imminent, maybe, than the surplus property that ACHD currently has. But good points and I -- there are -- there are repercussions or pros and cons to different options here. And, like you said, you know, that potentially is a waste of resources regardless if_it's ACHD's or the city's or a private -- and Ijust -- it makes some sense as you were pointing out to put in some low cost interim treatments there that could look okay for five, six, seven, ten years, you know. The rock was kind of a compromise. I don't know if you all recall, but the first time we talked about doing that for any county parcels, we actually proposed dirt. We said we will keep the weeds down and the highway district said we don't do projects that have dirt as a treatment. We need at least some roto mill or some type of gravel rock in there and you agreed to at least do that to those county parcels. So --but that's just how far it's come is we -- our first proposal was dirt and we went from landscaping to dirt and now we are kind of somewhere in the middle with interim treatments, but -- so, anyways, I just wanted to propose this, to get this in front of you, since we have had it now at staff for about ten days. Share it with you, get some of your initial thoughts on that. Again, ask for some direction. Maybe you're fine with all that and you're comfortable in -- we will make it happen. If it doesn't happen within ten years we are fine with committing to landscaping all four corners or three corners within ten years anyways and see no issue. But that's not my assessment to this point and I will toss the baton back to Mr. Nary and see if he has any final say -- any final comments or -- or where do we go from here. But, again, I would seek your direction and try to work with ACHD staff a little bit more on this. Hoaglun: Mr. Nary. Nary: Mr. President, Members of the Council, I think Caleb has really covered it all. I think really we are seeking your direction on our next step. I can certainly communicate to Mr. Price. Mr. Lucas is here, so he can certainly carry that back to the powers that be. Caleb can certainly talk to Mr. Bush, who is the project manager, and, then, we can Meridian City Council January 17, 2012 Page 39 of 40 bring back whatever responses we get. I guess if that's the direction you would like us to take. I don't know if all of the issues that -- that Caleb has raised are such that it could be resolved at the staff level. So, I guess that's something we could come back to you with to let you know if this is something really that is going to take commission action or at least the director's action or both -- I don't know. Hoaglun: Okay. Thank you. Comments, Council Members? Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: I may be repeating or may be hopefully summarizing some of what's already been said, but to me there is a big distinction between the city's past and current willingness to pay for treatment of properties that are not annexed into the city. Ustick has been mentioned and South Ten Mile I think is another instance where properties that were not in the city, but we assume will be sometime in the near future -- Meridian wants -- when those are eventually annexed for them to meet our codes and we were willing to kick something in to pay the difference to help them meet our code, even though they are in county at the moment. Here we are talking about city properties that .must meet our code anyhow and .it's up to the owner to meet our code.. As Mr. Hoaglun pointed out, even on the southwest corner our code says that needs to be a detached sidewalk. If it got put in as an attached sidewalk, there would never be any building permits issued for that property and I would think that would make it difficult to sell. So, I think it's in the owner of the property's best interest to meet the codes. It would certainly be cheaper. As Mr. Hoaglun said it's a better use of taxpayer funds to meet the code in the first place and that's something the property owner pays for. The city doesn't pay for that on any properties. There are even right on this intersection exceptions. You have the southeast corner that is not going to meet our code, but it doesn't meet our code now. It met the code at the time that it was put in. We have not typically gone back and required owners to retrofit when the code has changed. Old construction tends to stay that way. But certainly the two western legs of this are new construction and I would say they aren't subject to cost share. That's the owner needing to meet the code that exists that applies to everybody. So, I would ask that that be passed along. It would be difficult for them to make future use of their property if they don't meet the code. I guess that's my comment. Hoaglun: Thank you. And, Caleb, I did want to comment on that southwest corner on the Ustick side. I'm sorry. The northeast corner on the south side -- Ustick side, parcel 12 you had mentioned. And this is a learning curve for everybody, since this is our first one, but that did seem odd, pay the homeowner the money, they removed it, now we are suppose to go in and enforce our standards, I -- I hope Mr. Lucas takes back that -- that needs to be worked on and tweaked a bit for future things. That just kind of -- that puts us in a difficult situation on that, so -- and so that's just one of those that -- and I'm just glad we could give Mr. Lucas a really easy one his first time, having something to Meridian City Council January 17, 2012 Page 40 of 40 go back to his folks with, so -- any further comments on this? Staff, anything else to prod us on? Hood: No. Thank you. And I will be back -- if not next Tuesday, in a couple weeks, because, as Mr. Nary pointed out, we would like to get some response by the first part of February anyways, so -- Hoaglun: Okay. Hood: Thank you. Item 9: Future Meeting Topics Hoaglun: Great. Thank you. Well, we are to Item 9, future meeting topics. Anybody have anything that we need to bring up -- bring to our attention? Bird: I have nothing. Hoaglun: Okay. Then we are at the very end of the meeting.. Bird: I move we adjourn. Zaremba: Second. Hoaglun: Motion and second to adjourn. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 9:06 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR T MY DE WEER ~s° °bST, DATE APPROVED ..~ r~,.. """' EF~1. HOLMAN, CITY C ~, mpu Sa'.f1S, y A ~y tiA~~ °~ Ida TR! Rl~pe, Meridian City Council Meeting DATE: January 17, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approval of ACHD Bid amount for the Pine/Cinder Intersection Project for the Not-To- Exceed amount of $137,608.00 MEETING NOTES Community Item/Presentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Manager CC: Jacy Jones, Brent Blake Date: 1/12/12 Re: January 17 City Council Meeting Agenda Item The, Purchasing Department respectfully requests that the following item be placed on the January 17 City Council Consent Agenda for Council's consideration. Approval of ACHD Bid Amount for the Pine/Cinder Intersection Proiect. This is the City's portion of the bid amount for the Pine/Cinder Intersection Project. The Interagency Agreement for this project was approved by Council October 11, 2011. Recommended Council Action: Approval of the bid amount of $137,608.00 and authorize the Purchasing Manager to issue a PO to ACHD for the same amount. Thank you for your consideration. • Page 1 E IDIAN~-- Public ~ D A H O Works Department TO: Mayor Tammy de Weerd Members ofthe City Council FROM: Brent Blake, Engineering Technician II DATE: 7anuary 11, 2012 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree Davld Zaremba SUBJECT: APPROVAL OF THE $137,608.00 BID AMOUNT FOR THE PINElLINDER INTERSECTION PROJECT IN CONJUNCTION WITH THE ASSOCIATED ACRD COOPERATIVE AGREEMENT. I. ACTION A. Move to: Approve the bid amount of $137,608.00 for construction of the Pine Avenue/Linder Road Intersection Project in conjunction with the associated ACHD cooperative agreement. II. DEPARTMENT CONTACT PERSONELL Brent Blake, Engineering Technician II 489-0342 Kyle Radek, Assistant City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 III. A. Back rg ound The Ada County Highway District (ACHD) will begin reconstruction of the Pine Avenue/Linder Road intersection in February 2012. As part of the reconstruction, City of Meridian utilities are being adjusted to meet State required clearances and to avoid conflicts with the ACHD new storm drain and irrigation pipelines. 1 of 2 IV. IMPACT A. Strategic Impact: The agreement with ACHD allows the City's work to be constructed at the same time as ACHD's project, resulting in cost savings and a reduction in the overall duration of construction in the roadway. These benefits further the goals of the Public Works Department to conduct projects in a fiscally responsible manner. B. Service/Delivery Impact: This project is expected to minimize impacts to the traveling public by completing the work in conjunction with the ACHD project, i.e., an additional road closure would be expected if the City were to separate the two projects. C. Fiscal Impact: This project was budgeted during FY2011. The City will realize a reduction in the overall project construction cost due to sharing administrative, traffic control, and mobilization costs. The City will not have to pay certain costs, such as permanent pavement restoration and Storm Water Pollution Prevention Plan administration, associated with constmcting the project separately. V. ALTERNATIVES A. Council may choose not to approve this project; however, this would require the City's work to be removed from the ACHD project and bid separately, which would likely result in higher costs. VI. TIME CONSTRAINTS A. Council's approval will allow the City's work to be completed with the ACHD's project. VII. LIST OF ATTACHMENTS A. Agreement with ACHD B. ACHD bid abstract C. Staffs Recommended Amount Approved for Council Agenda: u ~ Z anen St art, Engineering Manager ate 2 of 2 i ~~~ EcOM~IC~vo~D ~'jZOU/l1T" Gl7 _ ~NDER P=NE Pos~GT .r~:~s' ~~on. EEs C5CC7iOC. E of AcflO CD-aP ~w~'f _. ~ z~ . y6 ~ o.os = ' 6 3zg.$? e ~ {{~c Co~~~o' ~ts5 $ecf ior~ F of ACHE ~O•QP /~Gnee~ne,~ r.s. _ Soy u ~ .0805 = 3~6,`.(~ ~s = 3c .19 3g7. ws ~ . o8 Bo..~i~~cs = q p INM'.. '~ ZZS6.00.. ~ ~:OV OS. ^. I~I.~~ /~.,/kel9 = 3OFl.oo ~` • 07ro5 2~(• ~ 9 t=1 as - Z I o.~o ~ .oSos Z I~'•B6 Ma:..-t......,c~. = Z,z,96o. oo ak .ogo5 = ~`Sy8'•Z~ /VLo~j:I:~o.`t~ov~ = I,000,oo ~ ,OBb~ =. 5'0.50 ~_ ~ ~ 0 . ~~ S~cf:o~• 1 ~? = 63Z~•8`~ +'f7ol.?a = II~a30.5 Co..sf.•~~a,.. 13,'~ +secfe..~ ~Z = ~tzb57~.Y6 t tl Q3o.s~{ # 13? 6~g, p3 e.cn.,,.«~e...~ad Cow.uY /ouc~ /~.wo.rv`f ~= t{37 ~C~~,O3 z ¢~ o~~~ ~~o~ ~ara~~~ N J J O u~~s~~ 6 U ~~ z ~g ~o Q F--~i W w a Z U w O K a .~raE'~-. BID ABSTRACT Contrect Number CT212-09 contract Name pine and Linder Intersection BldDale 11572012 Blddare _. ... _.. Of Bidder Nampa Peving^ .. ~' 02 Bidder Central Paving ~ ~ '' 03 Bidder Idaho Sand 8 Gravel 1 04 Bidder WF. Conatruclion 05 Bidder C 8 A Paving Co. O6 Bidder Knife River 03 Bidder $15,595.00 $15,695:00 02 Bldder a $8,000.00 : SB,000.OD. 03 BMder '$12,SOD OD 1512,500.00; 04 Bidder $23,800.00 $23,800:00 ~ OS BIdde ':: $18,000.00: : $18,000.00; Ofi Bidder ':$12,500.00 -512,500.00'. 0202.4,1:A,1 Fxcave0on Plan Quantlly~ ~ 10010 ICY $5;00. 550;Ob0.00 P., 03 Bidder $4.00 $40,040:00 ' 01 BMde ::. $8.40. :1 $84,084.005 03 BMder $9.00 ($90,090.00 . 04 BMder __$8.00 $80,080.00 j 05 BMde b $S.OO S 550,060.005 O6 Bidder $8.85 588,588.50;.] 0202 q.5A:1: _ Unsullaple Malarial Ezdevellon - 100 CY $20.00 $2,000.DO 'a Ol Bklder $12.00 $1,200:00 o1 BMder ;'. $12.20 `. $1,220.00: -03 Bidder ' $30.50 ;$3,050.00 04 Bidder $17.00 $1,700;00 OS Bidder ? $23.00: ? $2,800.00.! Ob Bidder - - - 58.85 £: $885,00; 0307.4.1.D.1 Type "p" --_ Surface Rest0ra8on (Asphalt Roadway) - - 1280 SY $20,09 526,200.00 < 03 Bldddr $D;00 $0.00,07 Bidder :': $16,20. '; $20,412.00:103 Bidder ': $22,00 527,720.00'r 04 Bidder $23.50 $28,810:00 OS BMde $9.00 1511,340.OOI O6 Bidder j. $18.30 I$23,DI{8.00',~ 0601.4.1A!1.12 72" Slarm DrainlCulverV Gravity Irrlgelion Pipe, Class V Reinforced Concrete (RCP) 280 )LF $25.00 $8,500.00 :'. O1 Bidder $27.oD 57,020.00 01 BMde 'a $27sD ;'. 57,1$D,OD :'D3 Bidder ; $2121 ($5,514.80-: 04 BMder $21:50 58,580:00 0581dde (. $22.OD ( :: 56,720.00''106 Bidder $45.25 >511,785.00,'. 0601,4.1A.1.3B 38" Storm DralnlCUlvaNOrevily Irngalion pipe, Class V Reinforoetl-0oncrele (RCP) 1126 :!LF 595.00 5108,875.00 `: O1 adder $80,00 ;90,000;00 07 Bidder S: $87.20 ::: 588,100,00 : :03 Bidder (. $77.27 -588,928,75'. 04 Bidder $79.00: 388,875.00 05 BMder .S $78.00 4: $87,750,00 : 106 Bidder ! $93.35 $105,018.767 0801A.1A.1112 12" Stdrm DreIn7Culvert OreNty ImgetlorrPlpe, Class _ Cbrrugeled Gelveeizstl 35 LF 540:00 51,40D.00 - - - .~. Sleal (CGSP)14 Gage: - 01B/dder $40.00 $1,400;00 01 BIdde '.. $26.30 ''. $820.60 '. '03 Bidder `;'. $2D.96 !'. 5733.805 04 Bidder $21.50 5752.50 05 BIdde ': $22,00 <! $770.00 : :O6 Bidder S` $74.95 32,823.251: OB01A.1.A.1112A - - - 12" Storm DreInlCulved Grevily ImlgeOon Plpe;Cless ~„ Codugated Oalvaelzed 335 ':LF $60.00 520,10D.00 !"I Sleel (CGSP) 14 Gage - Slotted Dislh - 03 BMder $115.00: _59B,b28.00 02 Bidder '. $59.60 : 519,986.00 : 03 BIdde '. $66.fi7 $22,334.46_ 04 Bldder~4 $68.00: 522,780.00 OS Bidder $67.00 1522,446.00'. 06 Bldder~ '. $102.00 $34,170.00 0801,4,fA.6.10 1p" Storm DreInICUIverUGrevily Irrigation Plpe Class SDR 35 PVC 70 'LF $30.00 $2;100.00 O1 BMder $20.00 $1,400.00 O2 Bidder S $SZ00 '.' $1,190.00 : :03 BMder ',. $19.19 51,343.30:, 04 B/dd¢r $19.50 $1,385.00 OS BMder $19.40 ': $1,368.00 1 :06 BMder ':: $30.05 ::52,103.50>1' 0801.4.1A.612 12" Storm Drain/Culvert/Grevity IRigaOon Plpe, Class SDR 35 PVC 980 ILF $21.00 524680~OD -s 01 BMder $2L00 521,660:00 ~ 02 BIdde ' $20.30 <! $1B,BB4.00: 03 BMder ;, $19.19 .!$18,808,20 O4 BIdde $19,50 519,110:00105 BIdde ':~ $19.40<; 519,012.00< :O6 eldder ~: $31.50 ':530,870.00;1 O6D7.4A A,515 15" Slorrrl DrainlCulvert/Gravity Irtigstlon Plpo, Class SDR 35 PVC 110 LF $34.00 53,740.00 03 BMde $26.00: 52,880,00 ,01 Bidder :: $25.80 `. 52,838.00 1'03 Bidder ;.! $24.75 `52,722.6D- 04 BIdde $25,50 52,805:00 OS Bidder '. $25.OD- : 52,750.00 IObBldder ;, $311.85 (54,279.60: 0601.4.1A.$ 78 18" Sldne DralnlCulverVGravity Inigatlon pipe, Class SDR 35 PVC 930 ' LF 530.00 527,800.00 :. 01 BMde 04 BIdde $33.00 $31.00 $30,690.00 $28,830.00 02 Bidder OS BMde $3430 $31.00: $31,899.00 $28,830.00 03 BIdde O6 BIdde $30.30 528,179.OD ~ $43.fi5 540,584.60 06014 fA 5 24 24" Storm OrelnlCUiveA/Grevily Irrlgallan Plpe, Class SDR 35 PVC 75 LF $60.00 54,500.00 " 01 BMder 554.00! 54,050.00 :02 Bidder $50:10: 53,767.60; 103 Bidder . $48.48 ' 53,838.00;( 04 Bidder $49.50 53,712,60 OS Bidder $49.00'. 53,875.00 :Ob Bidder $68.00 ;35,100.00'.: 0802.41.A,1 Bfi0 Slomjbreln orGrevity lrrigellon Manhole-Type _860' ~~~ 2 '. F~1 $3,000;00 58,000,00 01 BMder $3,500,00 $7,000.00 02 BIdd4r $3,300.00 ': 58,800.00. :03 BMde ';$2,500.00 <55,000.OD ' 04 B/dder $2,550.00: $5,100.00 j 05 Bidder $2,500.00. ' 56,000.00: :068/drier : ($2,890.00 I'.55,780.00'~ 1/972012 CT2f2-09 -Pine and Linderlnfersecfion Page 1 Ofi02A.tA.1 8.72 Sloan btalnaGravlly lrttOaUoeManhole-TVOB - 872" 2 'EA53.500.00 .57,000.00 Ol Oldder $3,500.00 57,000.00 ' 0281dder $3,300.00. ' 56,800.00 038Mder .$3,33333 58,888.88 ~~ 048Mder 53,400.00 58,800.00 i OS BIdde! 53,400.00. 50,800.00 O6 BIdde ':$3,150.00 ' .58,300.00 0602.4.T.E:1 q __ Slomi Oreln orGreNty Ini9aUon Celeh MenholeType A 10 'EAR $2,000.00 520,000.00 O1 BMder $2,300.00 523,000.00 02 Bidder $2,000.00: 520,000.00' 03 Bidder $2,020.20. ..520,202.00 04 BMder $2,050.00 520,500.00 105 BIdde $2,100.00, ' 521,000.00 06 BWder $2,460.00 ,$2AA00.00' i0fi02.4.i:F.i _ Catch Basin-Type) T13 EA $600.00 57,000.00 01 BMder 5512:50 58,882.60 02 BIdde $354.00. 54,802.00 03 Bidder $353.54 :154,698.021 04 Bidder $800.00 510,400:00 +OS BIdde S $612.00 57,968.00. O6 BMder ,.. $379.00 ;54,927.00 ' 0602.4.1.H!1A PrecesCSedlmenl BOZ-Size_1000 Gallon 3 IF.A $2,000.00 58,000.00 >'. 01 Bidder $2,700.00 58,100.00 02 BIdde <- $2,300.00 58,900.00.- 03 BMder ':$2,222.22 iS8,868.88' 04 Bidder $2,265:00 58,785:00 05BWde $2,300.00 !'. 58,800.00; Q6 Bidder ....$3,250.00 .'$9,760.00 0802.4.1.H.1B Precast Sedlmenl BOS-Slie_1500 Gallon 2 '. FJ3 $2,800.00 55,800.00 01 Bidder $2,900.00 56,800,00 01 BMde '.. $3,100.00 56,200.00% 03 BMder '.;$2,929.29 '$5,858.68 04 BMder $3,000:00 $8,000.00 OS BIdde .'. $3,400.00 I ' 58,800.00;. O6 BMde '. $3,930.00 '. 57,80.00 0fi02:4:1.M.1A Concrete lBlgaUon BOx-Size -4k4' 4 FJ1 $2,000:00 ,,$8,000.00--' 01 Bidder $1,600.00 50,400:00 01 Bidder $1,300.001 55,200:00 03 BMder ;.$2,150.00 $8,800.00 O4 BIdde $2,010.00 58,040,00 OS Bidder $1,500.00 : '. $5,000.00' O6 Bidder '.$2,260.OO.i .58,040.00 _,.. 0fi02.41.M.LB .v ~.~ - - Concrete lrrigallOn BOt-Slze_Tx9' 1 FJ1 510,0110.00 510.000,00 O1 Bidder $12,000.00 512,000:00 028Wder >. $8,500.00 ' SB,600.00' 03 Bidder 54.200.00 'I 54,200.00 04 BMde $9,800.00 59,800.00 OS Bidder '.`. $8,500.00 58,600.00. 06Bldder $]5,230.00, 'b16,230.00 0706( 4:1A.3 8" VaHlcel Curb-(Na GuUS~) 610 6LF $12.00 58,120.00 01 BWder 512.30 58,273.00 020Wder .532.10 ~ .58;171.00 03 BMder $13.16 56,711.80) 04 BMder $10.30 55,253:00 OS BIdde $18.00 59,180.00 06 BMder $13.00 1:58,830.00' 0706.4.tA.5 SladdeM 8-0nch VerUYAI Curb li Guller -- -- 2080 iF $8.00 518,840.00 01 BMde? $7.94 510,616.01 BIdde $8.60 517,808.00 03 BMder $9.10 , 518,928 00 04 BMder $7.20 S14,978.00 05 BIdde _ $21.00 543,080.00. 06Bldder _ $8.85 517,992.00` 0708.4,1.8.1 Conolele Valley GuBera ~~~ ~ ~ ~ 280 V'LF $20.00 55,800.00- 01Bidder $25,1 3 _ $7,030.00 0201dder _ $18.20 55,088.00 0301ddei _ $22.88 ''.58,408.40 O4 Bidder _ $18.00 55,040.00 OS Bidder $22.25: $8,230:00, 06 BMder $19.45 ~, 36,448.00 0708.4a.Ea> - _ __ Concrete Sidewalks; thickness 4"- '1480 SY $16:00 $23,080.0(1. O1 BIdde 517.99 04 BIdde $16.50 528,625.20 02 BIdde 524,420.00 OS 9ldder '_ $19A0 ! $22.50 527,232.00 533 300.00 03 Bidder 06 BMder 523.30 $17.85 534,484.00 ..528,418.00 0706.4.1 F1 Condrele Driveway Approach 185 SY $25.00 54,825.00 '.! 01 BIdde _ 522A2 ~ 54,147;70 02 Bidder _ $26.90. 54,978.50 03 Bidder , $32.63 ..!58,038.65 ' 04 BIdde $24.00 54A40.00 ~ OS BIdde $24.60 54,661.00 06 Bidder _ l $27A5 <.55,00425 I' _.._ 706.4.1.G.1 Conerete Repelr~~ ~ ~ q0.. §Y S33•oo $1;280.00 '. O1'Bldde $22.42 3896.00 02 BIdde $25.30 $1,012.00 03 Bidder > $67.07 :' $2,BB2.BD, 04 Bidder 520.00 51,120.00 SOS Bidder 521:42' 5068.80 06 Bidder $2205 '.51,082:00 0706.4.1.H.1 A Pedeafdsn Remp wroelectable Wemtnp Domes, Type _p 8' EA $700,00 55.800.00;__ 01 BIdde 5317,75. $2,542.00 $404A0 02 eWde 53,232.00. 0.1 BMde 5521.00 54,188.00. 04 BMder $800.00 50,400:00 _ OS Bidder $510.00, 54,080.00" 06 Bidder $433.00 ,153,484.00 0108.4.LH.1 C3 Pedesldan Ramp wlDaledable Waming Domea,'Type _C3 2 F11 $700.00 51,400.00. 01 Bidder $317.75 5835.50 @ BIdde $404.00 5808.00 03 Bidder $521.00 '51,042.00 OQ BMder :$800.00 51,800.00 05 BIdde ' $510.00 51,020.00 06Bldder .. $433.90 ;': SBB8.00: 0706.4.1 H.1 CA Pedeslden Ramp wlDeledable Wareing bomes, Type _C4 ' B : FA $700.00 55,000.00 '. O1 BIdde! $317.75 52,642.00 02 BIdde $404.00. 53,232.00: 03 BWder : 5521.00 .!$4,108.00 ~ 04 Bidder 5800.00 56,400.00 OS Bidder I'. $530.00 54,OBO.OOI 06 BWder ';; $433.00 155,484.00`. 10708A.1.H:1 G PedeaUlan Remp w/tletedebla Weming Domes, Typa _G 1 ~ EA $700.00 ?5700.00 O1 Blddtr $317.75 5317.76 02 Bidder '. $404.00 : 5404.00. 03 BIdde $521.00 !. 5621.W Oq BMder 5800.00 5800.00 05 BMder ': $510.00 ' 5610.00) 06 BWder '.: $433.00 $433.00 0801.4.i.B.f _.Mlnus Uncruahetl.Agpregete Bese 8" (Plan QuenUty) - 12830' ITN 56.00 578 ,980.00 01 BIdde 04 Bidder 55.22 _56.50 $88,972,80 583,395,00 02 Bidder - $5.65 OS BIddeer ;_ $9.00 _ 572,489.60. 1$102640,00! 03 BMder 06 Bidder __ 56.35 __ $L25 581 470.50 593,017.60) 119/2012 CT212-09 -Pine and under Intersecllon Page 2 OB024:7.B.1 Crushed Aceredate far Base Tvbe 1 Plan t]usnllly - - - 2800 ~T 517:W :'.. 530 800:00 ~ O1 BMder $9.35 526,100:00 02 BIdde : $10.10. . $20,280.00 Q3 Bldder : $13.50 -537,800.00 ~~ 04 Bldder .$14.50 .540,800.00 BS BIdde $19.25; $38,900.00. 06 Bldder $14.15 %~53B,820.00; OB10.IaA.1 Plant Mlx PavemeniClassl ~ _ ~ 2980 'TN $60.00 ~~$142,900.00-- OiBldder $61;00 5146,180:00 02 BMde $60.50 5143,990.00! 03 Bldder : $69.00 5184,220A0. 04 Bldder $66:00 $167,080:00 OS BMde ~ $62.00': :5147,580.00' O6 BIdde >: 564.50 .$163,510.00' 1001.4.1.8:1 Slabillzad Gonstluitl0a Entrance - 1 'FA $1,000.00 $1,000.00 ~. 01 Bldder $2W.00 $200.00 02 BMder $1,300.00'. . 57,300.00. 03 Bldder ,1$1,600.00 '''$1,600.00. 04 Bldder $1,080;00 51,080:00 OS BMde '' $360.00 . 5380.00 06 BMder :$1,140.00 '51,140.00 1003.4,7.C:1 SIII Fence - 526 LF 52.50 $7,312.60 01 Bldder $1.79 5938.78 02 BIdde $3.30' $1,732.50: 03 Bldder .$1.70 5882.60: 04 BMder .$1:60 :5940.00 OS BIdde $1.80: 51745.00``. O6 Bldder $1,eb '. 5946.00 1006.4.7.8.1. Rlprap.Slope and Outlet Prolectlon B '8Y $45.00 $279.00 01 Bldder $100.00 $609,00107 BMder ', 59L30 $583.90 03 BMder '. 555.00 I'. 5330,00'. 04 BMder $62.00 5372.00 i05 BMder ' $96.00 5278.00) O68/dder ' $374.00 ;:52,244.OD 1008./.1.C.1 Inlet Protedlon - 18 '. FA $6 0.00 3T,tl80.00 01 BMder $69.70 51,264:80 ,07 BMde $59.60 57,072.80 : 038ldder $50.00 : 5800.00 i 04 BMder $74W $1,332:00 OS BMde '. $25.50 r ' 5499.00': 0681dder (' $53.60 r'. 588480 ~ 1703.4.1.8:1: Tre(flc Control Slgns 800 ISF 53 .00 52,409,00 ' O1 BMder $5.38 54,304.00 02 Bldder '.: 55.30 1. 54,240.00',. 03 Bldder $5.30 '!54,240.00'. 048Mder $5.50 54,400:00 OS BIdde $1.00 -: $800.00'. 06Wdder $5.70 -54,660.002 1103.4.i.C.£ Tref9s Control Barricades, Typsill B IIFA $40.00 5380.00 ' 01 Bldder $43.05 5387:45 02 BMde - $42.40 ? 5387.80'. 03 Bldder -. $42.50 'S3B2.S0 D4 Bldder $43;00 5387.00 05 BMde $51,00: '' 5459.00' 06 BIdde ' $45.40 '. 5408.80 1103,q.1.p.1'. Tref6c Cbn0ol Drums~~ 200 S:FA $11:00 52;200.00 ;. OS Bldder $11.28 52,268;00 07 Bldder al $11.505 $2,220.001 03 BMder ' :. $11.25 !:52,2b0.00 04 Bldder $11;50 52,300:00 _ OS BIdde >5. $10.25 32,050.00-. :O6 Bldder $11.90 1$2,380.00 1103A.1,G,1 Tref6c GOOlral Meinlenance BBO MH $25.00 524,000.00. 01 BMde 04 BMder $20,59 $20.50 378,800.90 578,880.00 02Bldder ~05 Bldder '. $7A 20 : $20.45 '. $18438_2.00 ~ 518,832.00 '03 BMder '06 BMder 53.00 ' $980.00'. ~ $21.65 ' 520,784.00 1703.4,7.H.1 , _ PartableTubular Marhere.. 700 ~IEA $4.25 3925.00 : 0] BMde- $3.08 04 BIdde $3.10 $308.00 5370.00 02 BIdde 05 BIdde ,_ $3.05 . 5305.00 $5.25 ~ 5525.00 03 01dde Ofi BIdde £ $3.03 y , $303.00 $3,25 i $32b.00 7103.4.7.1:1. Tratfld~Gonlrol Flaggera 7280 IMH $18.00 523,040.00.1' 0181dde 517:43 522,310,40 02 Bldder ` $17.20. .. 522,018.00: -.03 Bldder '. $17.17 521,877.80. 04 Bldder $17.50 522,400.00 OS BMde <.- $17.30. 5 52$744.00 I I06 Bldder $18.40 1$23,652.00 ' 1731.01.01 A Tref6c Slgnel end IIIuminaUon System Complete Pine 8 Linder 1 ' LS 565,o00:Od 585,000.00 '; 01 Bldder $56,580.00 568,880.00 07 Bldder ':! $43,800.00 ? 543,800.00 < 03 Bldder $55,750.OD :555,760.00'. 04 Bldder $49,300.00 544.300:00 OS Bldder ': $95,000.00 jS46,000.00'. .O6 Bldder .$96,990.00 548,940.90' 1370102%_ In5lell TrePoc Slg0al Interconnect Coadull 9770 SLF 53 .50 $12,895.00 ? O3 Bldder 52.99 $77,082:00 02 BIdde '' 52.85 5'.510,673.80 " 03 Bldder 52.95 !510,944.805 04 Bldder 53.00 517,130.00 0581dder $2.90 '<510,758.00< 06 Bldder $3.05 'S11,31S.b0 1731A1.03 ;.: Install 7ra81c Signal Inldrwnnect Jundtlon Box S45LADA wllb Rlser - 7 FJ1 $70 0:00 154,900.00. O1 BMde $824:10 55,768.70 07 Bldder '<. $707.00 5. 54,848.00': 103 Bldder S' $812.00 ".56,884.00 1 O4 Bldder $721,00. 55,047:00 OS Bldder '. $715,00 55,005.OOI 06Bldder ':.. $757.00 555,2BBA0 i 113L01.04'I Install Interconnect Spllce Vault 1 :FA $2,500:00 52,600.00 ' 01 BMde $1,73533 $1,735.33 02 Bldder '.. $1,300.00 ''. 57,300.00. 03 Bldder $1,700.00 '. 31,700.00'. 04 Bldder $1,288:00 57,288.00 OS Bldder 51,275.00: 51,275.00': :06 BMder '. '. $1;350.00 $1,360,00 1737.01,07 InstallStreelLlgh9ngGondull - 1810 LF $5.50 $10,605.00 l 01 Bldder $2.30 54,383:00 02 Bldder ' $3.55' 58,780.60 03 BMder '. $2.25 )54,287.60'. 04 Bldder $3.60 58,878.00 OS BIdde $3.60 58,87@,00 O6 Bldder 53.80 557,268.00' 7131.OL08 - Install Stre et LIgh11n0 Jun dlon BozS-40TlADA. - 8 FJ1 $450,00 52;700.00' -- 03 Bldder $410.00 __-. $2,640.00 O1 Bfdderl $443.83' 04 Bldder $361.00 $2,882.98 52,188.00 '.01 BIdde '05 BMde $354.00 $360.00 !$2,124.00. $2,180.00 - O6Bldder $379.00 $2,274.00 -~_ - - - ~ 119/2012 CT212-09 -Pine and Llnderlnfer;ecllon Page 3 1131.01.09 InslalfSlreet Llghlln0 Junction Box S45T/ADA 1 ' EA $800.00 15800.00 01 Bidder :$620:13 ..`.$820.13. -02 BMde 5566.00' 5688.007. 03 BMde .5630.00 5810:00: 04 Bidder $577:00 5577.00 OSOfdder $575.00>. 5575.00. O6 Bidder $606.00 : 5606.00 S~ 1134,03,18.:. Pavamenl Markings (Palnq 8720 SF $0.50 $3,360.00 01 Bidder _ _ $0.44 04 Bidder ~ $0.45 52,956,80 0] Bfdde ' $0.43 53,024.00 OS Bldder'~ $0.45 : 52,889.80 '. : $3,024.00'. 03 Bidder 06 Bidder __ _ $0.43 $0.45 _ 52,888.80 IS3,024.00. 1134.05:18 ~: Pavement Markings (Thermoplssllc) - - 1860 ' :SF $7.00 51T,820.00 01 Bfdde $7.91 513.130:60 X02 Bidder '.: $7.80'; '. 512,948.00 03 Bidder :' $7.80 ;512,948.00'. 04 Bfdde 1$8.66 $13,260:00 ~ q5 Bidder $7.90:: : 513,114.00 06 Bidder $8.35 '. `513,861.00'1 1134.09:01 . Detinealors (White) ~ ~ ~ u 4 '.FA $13 _ _. . 0,00 .5520.00 of Bidder $41.00 5184.00 01 BMder $40.40' 5161.80:1 03 eldder :: $41.00 :' 3184.00 04 Bidder $72;00 5208:00 OS Bidder $71.06 S2B4.00 O6 Bidder $75.70 : 5302.80 1136.01.01 Roatlslde TrafDc Sign Installalian.(One Metal Poai): 20 ::F13 $35.00 ' :5700.00 j. 01 Bidder $66.63 51,332.80 02 Bfdde $65.70' 57,314.00'. 03 Bidder $66.00 $1,320.00 04 Bidder 546.00 5920:00 OS Bfdde $45.00' : Sg00.ODa 06 BMder : $48.65' 5973.00:. 113501.05..x... Remove and Salvage:Roadside Sign: 12 x EA $23:00 5278.06 01 Bidder $15.38 5184.56 01 Bidder : 515.20:: SiB2.4DS 03 BMder : 515.15 S $181.80 : 04 Bidder $26:00 5312:00 OS Bidder . $25.ODI : $300.00'. 06 BMder : $27.05 :: $924.60 1135,07.07 ' ~ Relocate-Roadside Sign 1 'Fli ~5100.a0 5100.00 01 Bfdde $15.38 515.38 01 Bfdde :: $1520 '. 578.20.- 03 Bldde _ 535.15 :: $16.15 04 Bidder $62.00 : 582.00 OS Bidder : $61.005 '. 551.00, 06 BMder $69.90 '. 584.80'- 2010.4.1.A.1 Mobilization 1 LS $45A00.00 $45;000.00 `: O1 Bidder $84,350;00 $84,350.00 ~ 02 Bidder :: $63,737.82: - $83,737.82< 03 Bidder $49,000.00 :_$48,000.00 04 Bidder $44,800.00 544,800.00 05 Bidder :'. $52,000.00'. ' S62,000.OOS O6 BMder $32,580.00 '532,580.0021. 2030.4.7 A.1: Manhole, Adjust to Grede 6 FA $35 0:00 $2,100.00 S 01 Bidder $291:88 02 BId der .51,891.28 a $278.00'. 1 $1,888.00'. 03 Balder $280.00 ', 51,BBO.OO:j 04 Bidder $450.OD _ _ 52,700.00 OS Bidder s $460.00. > ~52,780,g0': 06 Bidder --- $984.00 fS5,904.001. sP-0S724. MIsc ABphaU (Road:Hump) - - - ZO `fON $15 0.00 53.000.00 7 01 Bidder 5200:00 54,OOD.00 02 Bidder :' _ 5108.0O:. I 52,780011 0381dde $69.00 ~ IS7,380.00' 04 Bidder $115.00 52,300.00 OS Bidder .. $130.00'. ' 52.600.00. O6Bldder 5132.00 _ SS2,240.00' SP 1140D:~ _ O611lerate Pavement Markings 7000 SF $2.29: $2,250.OD '.' Oi:Bfdde $0:00 liaerddc _ $2:10 ' 50.00 5210.0.00 01 BMder OSBMde _: _ 52.OO.. $2.OD . 52,000.00' S 52,000.00, 03 efdder 06 Bidder _ $2A2 ::52,020.0Oi 52.15 ':.$2,150.60 SR29087 a: ? 100 :1~SY 545,06 $4,600.00 'a Repalr.Landsraping: O1 Bidder :$8.20 5820.00 O2 Bidder '' $9.10 :: SB10.OOI 03 BMder $9.09 5909.00< O4 BMder $9.50 5950.00 OS Bldde $8.00 : 5800.00.:: O6 Bidder $10.80 ;51,080.00' SSP-02010 Grevel.Repair 380 " SY 56 .00 $2,180.00 01 Bidder $4:00 51,440.00 07 Bfdde ': $3,65: :: 51,314.001 03 BMder $9,00 ::53,240.00' -' O4 Bidder $750 52,700.00 OS Bfdde ': $9.00: :. $3,240.00' O6 Bidder $4.65 :51,674.00? SSP-06013 r.!_ Storm Watar Management Plen PmparaUOn end Approval 14 LS $3,000.00 53,000.00 ;I. 01 Bidder $500:00 ' 5600.00 07 BMde l $1,000,00 ! ! 51,000.00: 03 Bfdde 5965.00 ? 5965.D6 (~ 04 Bidder $350:00 E350:00 05 Bfdde > $1,200,Op ( :- 57,200.00'. 06 Bidder :$5,350,00 '.;6,360.00 : SSP-0810bS Temporary PavernanC: 1000 ''6Y 515.00 $75,000.00 01 Blddel 50:00 :50,00 02 Bfdde :': $13.50 'I $73.500,001'. 03 Bidder 53.00 !'.51,900.OD'. 04 Bidder $12:50 $72,600.00 OS Bidder S $36.001 1 $18,1100.00'1 06 Bidder S 535.00 1$15,000.00 '. SSP-011125? sphall.Repalr-Olhbr. 65D 6Y $20.00 513,000.00': 01 Bidder $12.00 57.800:00 02 BMde :` $31.80 : 57,670.D0. 03 BMde '. $17.00 1571,050.001 04 Bidder $22.00 574,300:00 OS Bidder ;. $12.00 57,800.00': 06 BMder '. 513.30 SSB,846.00 SSP•11002:' Podeble.C hangeableMessegeSjgn 840 '. HR 56.00 56,040.00 O1 Bidder $3.08 52,587,20 02 Bfdde $3:OB $2,582.00;: 03 Bidder '. $3.03 :'52,545.20 09 Bidder $310 52,804:00 OS Bldde 511.00 59,240.005 O6 Bidder $3:25 52,730.00 ~ BSP-20003 Temporary ConaWctlon Fencing 500 ::LF .`53 .00 .57,600.00 ,:'. 03 Bidder 09 Bidder 51.54 $1;50 5770:00 02 B_Mde $750:00 05 BMder $1.50: ~ $1:20 _ 576D.06I 5800.00. 03 Bidder O6 Bidder $1_20 ~ $1.65 5600•UU'i $826.00 1/912012 CT212-09 - Plne and IJnderlntersecflon Page 4 SSP-26050 4" Topsoil. .480 SY $4.25 $2,040:00 018Mder $3.74 51,785.20 01 BIdde ?'__ $3.05 $1,484.00 03 BMder $6.01 .:$2,804.80!; 048Mddr $3:10 51,488.00 OS Balder : $3.75 $1,800.00 06 BMder $7,20 53,458.00< SSP-26080 S' __ :.- ... Remove: and Resat Mailbox ~ ~ 10 :. EA $110:DD 51,100.00 ' 01 Bidder $158.88 51,588.00 of Bidder $157.00 ' 51,570.00 03 BMder $160.00 :$1000.00 04 Bidder _ $IB0.00 51,800.00 fi05 Bidder $180.00 _ . : 51,800.00 06Bldder : $189.OD _ 151,880.00 BSP-29085 Sod.Repalr - 480 $Y $6 :00 S?,880.00 01 BMder $3.33 51,688.40 ~ 01 BMder ' $3.05' $1.484.ODS 03 Balder : $3A3 :::51,454.40 ! 04 BMder $3a0 51,488,00 OS BIdde ' $335'. $1.808.00''. 06 Balder __ : $Z20 153,458.00:': SSP•29093 Remove Tree B"+ - - 18 EA 5225.00 53,600,00 a:~ 01 Bidder $284L95 54,559,2Q 02 Bidder $334.00 :: 55,344.00 - 03 Bidder ? $280.00 :54,480.00 04 Bidder $290.00 54,840:00 OS Bidder . $285.00: : $4,580:00 06 BMder ::. $286.00 .::54,670.00' SSP-28701:: Removeand Resat Spdnklar System ~ 1210: :LF $6.00 57,200.00 ''. 01 Bidder : $4.05 54,800.60 , OZ Bidder S. $4.05! 6 54,800.50 03 BIdde $4.04 :.54,888.40. 04 BMder $4.10 $4,887.00 ' OS BMder :': $9.00 54,840.00: O6 Bidder $6.70 :5$8,107.00:. Estimate $890;653,60 O1 BMde 5807,438,87 02 Bidden ~. $831,706!82 ~ ~ Bldder~~ T 5968,884:12 104Bd ee ~- ~~_5878,771,90 05 Bidder T, :- 5870376:80 ~O6 Bldder~vJ ;; 51,082,842;98 O1 Bidder $0.50 $4,238.00 01 BMder S $8.40 : $58,304.00 03 Bidder : $9AO !$83,540.00' 04 Bidder $8,00 558,480.00 05 BMder ': $5.00: : $36,300.00.. 06 Bidder $7.95 :!558,127.00'. 0202.4:5A(1 _- Unsullbele Matedal Exdava8on 60 &Y $35:00 $1;780:00 O1 BMder $12.00 5808:00 01 BIdde :. $1430. 5715.00: 03 BMder :' $30.50 :51,525.00 04 Bidder $17.00 5860.00 05 BIdde $23:00 $1,150.00 06 Bidder : $8.85 ;': $442.50. 0801.4:7:A.612 12" Storm DraiNCUIVeNGravily IrOgalfon Plpe, Class ~ PVC SDR 35 186 ILF $30.00 $4,860.00 o1 BMder $22,00 $3,830:00 01 Bidder l: 513.50' $3,8 77.60 : 03 Bidder S; $19.19 5.53,188.35 04 BMder $19.50 53217;60 05 Bidder - $19.00 : _ _ : $3,195.00 06 Bidder ( $25.9D I.$4,273,60a 0602.4.1.F:1 ' Catch B@sln - Type 1. - 4 ' FA $775.00 53,700.00 0181dder $512.50 $2,050:80 02 BIdde :: $354.00'. 51,478.00': 03 Bidder :: $353.54 ::$7,474.18 :~ 04 BMder $800.00 $3,200:00 OS Bidder I'. $615.00: 52,480.00' 06BMder !! $379.00 '.:51,618.001 0106.4.7.A.5 Standard 6-Inch VerUral Curb 8 GuBer 1100 LF $B.7$'. $9,625.00 _. O1 Bidder $7.94 $8,734.00 02 BIdde '. $8.95.'. < $9,845.00 03 Bidder $9.10 :$10,070.00: 04 Bidder $7:20 57,820.08 ~05 BMder :' $11.00': 512,100.00 06eldder $8.65 ;159,518.00' D706.q.7.E.1 ~ Concrete Sldewalke, tlilcknese a" 820 ' SY SI6:50 513,630.OO::I~ 03 B/ddgr _.._..,.~ 04 Bidder $17,99 , $1730 514,751.80 01 BIdde __._ _,. 514,350.OO.~BIdde $19.20 $22.50 516,744.00. - $18460.00_. 03 Bidder - .06 Bidder $13.40 _ __, '. $17.85 $78,188.00 : r. '.$14,637,00' 0706.4:7.H.tA Pedesidan Ramp wlDeleclable Weming Domes, Type A 8 ~ FA $700,00 $4,200.00. ; 0l eldder $317.75 $1,908[50 01 Bidder:: $409.00; ' 52,424.00. 03 BMder ::: $521.00 :.$3,126.00 Oq Bidder $800.00 $4,800.00 05 BIdde : 5530.00 53,080,00 : 06 Bidder -.: $433.00 352,688.00 801.4.7.8.1_ 8' Minus Uncruehed Aggregate Base (Plan QuaaUry) 8180 ' ON $7.00. $84 ,280.00 ~ ~: 01 BMder $5;22 547,810.00 01 BIdde 55.65' 551,887.00,: '03 Bidder $635 5$58,283.00:. 04 BMder $6.50 350,870:00 OS Bidder $8.08. S 573,440.00': -06 Bidder $7.20 :S6B,096.OOI 0802.4.7:8:7: _ Crushed Aggregate fdb9ese Typed jPisn QuariBry) 1880 ' ON $12.00 $22 ,560A0 o1 BMder $9:35 E17,578,00 01 Bidder $10.10 '.'. 518,988.00 1 '03 eldder :! $13.50 .526,380.00 OQ &dder $14.50 527,280.00105 BIdde $35.30: ': 528,784.00< 106 Bidder : $12.90 '524,282.00'. 0010.4,1,A,1~ Plant Mix Pavement Class l 1870 : ON $60:00 5100,200.00 ~~! Oi Bidder $61.00 5101,870.00 02 Bfdde $60.50 ':$f 01,035,00< -03 Bidder $69.00 S11b,230.00; 04 Bidder $86:00 $110,220.00 05 BIdde $62.00 .:$f03,540.00 06 Bidder , $63.80 5108648.00 119/2012 CT212-09 -Pine and Linder Intersection Pege 5 f003.4.11C.1 SII1 Fence ~ ~ ~ 1218 - tF ,$ 3.50 "5763.00 OS Bidder x 51;79 5380.22 01 Bidder $330'. 5719.40 `. 03 Bidder : $1.70 ','. $370.60: 04 Bidder $2.00 $438.00 OS BMder $1.85:' : $403.90.' 06 Bidder $1R0 S-. $382.40 1003:4:1.C.1 Sllt Fence 1 :..ILF $S,ap0.0o $5,000.00 _.. 03 Bidder $500:00 $500.00 02 Bidder ! $4,500.00' 54,800.00'. 03 Bidder :..$;,BSOAO £_$1,860.00 04 Bidder $9,400:W $9,400.00 OS Bidder : $3,400.00'. - 53,400.00 06 Bidder :1:$5,010.00 155,010.00 ~1006.4.1.C.1 Intel Pretectlon - - - 8 IFJt $75.00 ~ $8011.00- 01 Bidde 569.7tl 5657:80 02 Bldds : $59.60 5478.80; 03 Bidder < $50.00 $400.00: 04 Bidder $74.00 5592.00 OS Bldde ,' $25.00 _ $200.00; 06 Bidder 553:60: $428.BOS 11034.1.0:1 .._ raffid Conlral Malnlenance - 150 ~ ~MH $25.00 54,000.00 ' Ol Bidder $20:50 53,280.00 OZ BMde '.' $20.20: §3,232.00'! 03BMder ' $lA0 `: ~1~0.00< 04 Bidder '.$20.50 53,260.00 OS Bidder <I $21.00; 53,380.005 06 Bidder ' $21.65 :.$9,484.00; 1103.4.1.I:L; rafOc Cpntrol Flaggere 260 : MH $1B.a0 $8,040.00 ' of Bidder $17:43 54,850.40 02 BMdei $17.201 . 54,818.00! 03 Bidder $1717 .'.!54,807.80'. 04 Bidder $17:.50 54,900.OQ OS BMder $17.50- 54,900.00'. O6 Biddei $18.40 (36,152:00 1131.01.018 TraiBC Signal and Illuminatlon 3yslem Complete PIOe 8 Linder 1 iS $14,900;00 574,800.00-.' O1 Bidder $469.45 5469:45 02 Bidder $4,000.00.: '. $4,000.DOI 03 Bidder : $460.00 ::: $480.00 '. 04 Bidder $4,100:00 §4,100.00 05 Bidder - : $4,100.OO $4,100.00. - 0681dder !$22,180.00 '.522,180.00 113101.OTC ~T.._ _ ~_ ' Traffip:5lgnal antl Illuminalion System Complete Pedestdan Hytidd Beecon 1 ILS $29,0p0,00 $20,000.00 OS Bidder $20,708.09 520,708.08 07 Bidder :.' $18,800.00': '. $18,800.00' 03 Bidder '$20,500.00 1520,500.00-' 04 BMder $19,350.00 $19,160.00 OS Bidder :: $19,000,l1D< '. $19,000.00'' 06Bldder '':$4,320.00 :154,320.00" 1131.01.02 Install TralSc Signal interconnect Coapull 2180 :LF $4.00 $8,840.00 S 01 B/dd4r $2.98 $8,438.80 02 Bidder > $2.851 58,158.00 tl3 Bidder $2.95 38,372.00 04 Bidder $3:00 $8;480.00 OS BMde S $3A0- 55,499.Dp O6 Bidder $305 158,688.00 1131.01.03 _- Install TrafOC Slgnel Interconnect Jencllon Boxy-45T/ADA withRiser 2 : F1~ $800.00 $1,000.00 '. 01 BMder 0901dder $815113 ~ $721:00 $1,6502_8 $1,442.00 02 Bldde OS Bidder $70LOOI `-:--$715.00 I' 51,414:00. ,` $1.430;00. 03 Bidder 06 Bidder ,'. $810.00 ;~ $757.00 SI51,820:00. ';31,614.00 X131.01.04 InslellJnle rcanned Splice Vault ' - 1 :FA $2,500.00 $2,600.00 I O1 BMdei 04 BMder $1,735.33 $1,290.00 51495.93 51,280.00 02 Bidder 05 BMde >` $1,300.00 ~.~ $1,275.00: _' §1,300.00 : 51,275.00; 03 Bidder pfi Bidder ..151,700.00 ':$1,700.00 !~$1,35Q,00?51.350.00 '~. 113101.05 ~ Install TraPoc Slgnel Interconnect lBUle 1220 IFA $2.50 ,$9,050.00 ': OI BlddeO $1:06 09 Blddei _$1.35 51 317.60 __51,847.00 ~ 02 BlddeH $1.30 OS BMde~. $1.30. §7 586.00 §1586.00 03 Bidder $1.06 O6 Bidder $1.40 $1 293.20 $1708.00 m 1131.01.07 1250 : LF $5.00: :$8,250.05 ~ Instell8lreet LighfinO.Canduit 02 Bidder $4.78 55,875.00 01 Bidder S'. $6.651 '. §8,312.50. 03 BMder $4.70 S$6,875.00 09 Bidder $6:90 58,500.00 05 Bidder ' $6.75 ? 58,437.50 06 BMder '. $7.15 (:$8,937;50.: 1131.01.08'.'. Install Street Lighting Junction Box $-0OTIADA 3 : FA Y$450.90 51,350.00 : --- 01 Blddei $442.50 $1,328:40 02 Bidder :' $35q.00: !: §1,052.00 03 BMder ': $935,00 ':51,305.00 1:- 04Bldder $360:00 $1,080:00 05 eldder " $35ZO0. : $1,071!00 O6 BMder '-: $379.00 131,137:00 1131.01.10 erminste Fiber Optic Ca ble Strand ` ~ 12 : IFA $70:00 5840.00 O1 BMder $70.21 :5842.62 02 Bldde ;'. $78.80 S 5908.80: 03 BMder '. $70.00 S 5840.00 09 Bidder $77.00 5924.00 OS Bidder ::. $75.50 I. 5818.Oq; p6 BMder : $81,10 ':'. §979.20 1194.03.18 Pavement Markings (Paint) 4630 '.SF $0,50: 52,285.00 S' i 01 Bidder $0.44 51,903,20 02 Bidder ". $0.43 '.: §1.847,00, 03 BMder : $0.43 ':$1,947:90 04 BMde $0:45 ~52,03E.W OS Bldder S $OAS £2,038.50, 06 Bidder $0.45 ''52,038.50 1134.06.18 Paveme04 Markings (Thermoplastic) 1010 SF ,$6.75 58,017.60 01 Blddei $7.91 57,880:10 02 Bldde '; $7.80 57,878.00 03 BMder $L80, '$7,878.00! 04 Blddei $8.00 58,080.00 OS Bidder ' .$5.00 58,080.00' 06 Bidder $9.35 '58,433,60''. 11135.01'.01 __ Roadsltle Traffic Slgn Installation (OOe Metal Past). 11 j Flt $50.00 $550:00' r, Ol Bidder $66.63 $732:03 02 BMder $65.70 $722.70; 03 Bidder :' $6600 ': 5728.00' 04 Blddei $46:00 5508:00 OSOMde $46.00 . $508.00' 06 Bidder ': $48.65 '. 5535.16. 1135.01.06;' Remove antl Salvage Roadside Slgn 8 ': IFA $40.00 5249.00 OS Bidder 04 Bidder $35.38 $26.00 $92.28 5168.00 02 Bidder OS BMder $15:20 : $26.00: 591.20; Sf58.00'. 03 Bldtler O6 BMder ;'. $15.15 : $27.05 590.80 :. $182.30. 11912012 CT212-08 -Pine and tJ'nder lnrersecfion Page 6 201pA.tA.1: - --- - Mobilization - - 1 :SLS $20,000.00 :$20,000.OD 01 BIdde $0.00 E0,00 02 Bidder $1,100.00 51,100.00. 03 Bidder $10,000.00 510,000.ODJ 04 BMder $1,000.00 57,000.00 OS Bidder $17,Ob0.00: 517,000.00:'. 06 Bidder :'$3,300.00 '.$3,500.00 2030A.fA.1 Manhole, Type , AdJust to Grade 13 -FJ1 $325.00 S4,??8.00 - ~ 01 BMde Bidder $281.98 x3,884.44 5450.00 56.850.00 OI BMde 05 BMde ' $278.00 5275.00 _ 53,814.00: 53,675.00: 03 Bidder O6 Bidder - $290.00 $994.00 S3,8g0.00 , 572.782.00 SP-71400 Obliterate Pavement Markings--~- - 1500 !SF r $2.2$ :59,376.00 '? '. 03 Bidder S. $0.00< '. ,50:00: 01 Bidder $2.OD :$3,000.00' 03 Bidder $2.02 $3,030.00 09 Blddei '. $;.10.: ': $3,160.00 OS Bfdder $2A0 I,33,OOD,OOI 06 BIdde $2:15 $3,225.00 ~ ~ SSP-07005'; Fxlmdetl Concrete Curb 1~ 778: :LF $10:00 $1,780.00 O1 Brdder $20.50 ;$3;808.00 01 BIdde :. $17.70 53,115.20 03 BMder ' $14.14 (:52,488.84 09 BIdde ~ $12.50 $2,200.00 OS Bidder $12:25 52,168.00 06 Bidder' T $2060. $3,625,60 SSP-08705 ,~ _ Temporary Pavement 300 '; SY $15.00 54,000:00 , 01 Bfdder $0,00 50.08 01 Blddei $13:60 54,OB0.00'. tl3 Bidder $lA0 :S 5300.00' 04 Bidder $12.50 $3,760.00 OS Bidder ' $ 26.00 : $7,800.003 d6 Bidder ':: $15.00 -:54600.00. SSP-08125a _ Asphalt Repair Olher~ 20 : SSY $35.00 5700.00 01 Bidder $12.00 $240.00 01 Bidder $17.80 : $238.00 ! 03 Blddei $32.00 5840.00 O4 Bldder l $29;00 $580.00 05 BIdde $71.00'. $1,420.00 06 BIdde : $13.35 5267.00 SSP-77002 Porlatile Changeable Message Slge ~ 420 -HR $6.75 $2,93b.00 O1 Bidder .$3.08 57,293.80 WBldder $3.05, . 51,281.00: 03 Bidder $3.03 :'.51,272.80', 04 Bfdder ,:,$3.10 51,302.00 1 05 Bidder : $11.00'. ! $4,620.00 06 BMder ' $9.25 : 51,966.00 I, ISSP-20003' Temporary Conslmctlon Fendng - 200 '1F $3:75 5780.00_ '. ~ O1 Bidder $1.54 $308:00 ~ 02 BMde ': $1.503 : $300.003 03 BMder $1:20' 5240.00 : 04 Bidder $1.50 5300.00 SOS Bidder :'. $1.25; : $260.00; __ ._ 06 Bfdder ' $1.65; E330.OO;.j 9SP-?50501' __ _ 4'Topeoll - 290 '-SV .$4:50 SY,305.00:- _. _ 01 Bidder _ $3,74 51,084.60 ~ OY Blddei $3.b5 - - $884,60:1 03 BMder : $6.01 <' 51,742.90 04 Blddei : $3,18 3889.00 OS Bidder $3.40 $886.00< O6 BMder $7.20 ':52,OB8,00. $SP•290t15:: Sod Repair 280 8Y $9:75 51,957,50.; 01 Brdder $3.33 5985.90 02 Brdder '. $3.05' ': 5884.80 ` 03 BMder : _ _$3.03 5878.70 0481dder $3.10 5098.00 OS Blddrrr : $3:40: ! 5988.00-: 06 BMder $7.20: ; $2,088.00 S9P-29093 Remove Tree 6'+ 1 SF11 $350.00 ~. $350.08 O1 Bidder $284.95 5284:86 01 BIdde $334.00 ' 3334.003 03 Bidder ';'. $280.00 ":$280.00 04 Bidder $290.00 5280.00 OS BIdde : $255.00 5286.00:: O6 Bidder ': $286.00 :' $288.00 SrrSP-28101 L--~.-,~-. _ Remove end Reset Bpdnklar System - 1700 'LF $6:00 510,200.00.. O1 BIQder :$4A5 38,886.00 Ol eldder ' $9A$' : 58,885.OOI 03 BMder I $4.04 : 56,889;00 04 Bidder "$4.10 58,970.00 OS Hldder $4.00- ; $8,800.00< O6 Bidder $6.70; $17,990.00 Estimate $411.798.00 ! 101 Bidden ~ ;482,499.38 102 Bldde~ $369,963(80 03 Bldde. ~ $390844968 104 B)dderj ,, 5389160.00 105 B)dde1~ : 5397,688:301 ~OB BlddeP . _ T - 5406,783:96.',1 01 Bfdder $1,730.00 $1,730:00 02 Bidder '< $100.00 S100A0; 03 Bddei :. :$5,000.00 '>.56,000.00; 04 Bidder $5,900.00 $6,800.00 OS Bidder >: $?,525.00: $2,625.00: 06 Bidder I59,350.tl0 '154,360.00, 0201.4.1:F.1 -..... ~ Removal of 72"Tree T 1 FA $75 - 0.00 5750.00 ql Bidder $284.95 $284.98 01 Blddei _ $334.00 $934,00 03 BMder ' : $510.00 :' $510.00: 04 BIdde $290.00 $280.00 OS Bfdder $260.00 - - $280.00 06 BMder ;: $573.00 $673.00 0205.4.7.B.L'< ~ Dewalednp 7 LS $5,000:00 55,000.00 '. 01 Blddei $3,500.00 $3,500.00 02 Bidder $11,fi00.00' 511,BOO.Ob : 03 Bidder ::$11,010.10 ::$11,010.10 04 BIdde! $11,225,00 $77,226.00 05 BMder $11,SOOAp $11,500.00 :06Bldder :58,190.00 ;58,180.00'. 1I9I2012 CT212-09 - Plne and Under InfersecOdn Page 7 ~mnae e7a~ uexxora.en oieaz aw~a~~mie ..... T-~c....:rrv >-t e<nM ~m~ i ....,.._.. .._.._ ...- 01 Bidder _ ....-r. - . $75.00 ._ ...._ E7,125.00 01 Bidder $75.00 : ; $1,125.00:-: 03 Bidder $55.00 EB25.00- 04 BMder $62.00 EB30.OD OS Bidder $38.00 " 5570.00' O6 Bidder ':. $43.20. 5648.00': 0307,4,i.F.1 Main Line Type "P Sudace Restoratlan (AsphaB Roadway)- 856 :'LF $30A0 E10,650.00 01 Bidder O4 Bidder $28.30 518 638.80 $25:00 578375.00 OI Bfdde $19.10 05 Bidder $13.00 512,610.50 '. ? 58,516.00'. 03 Bidder O6 Bidder ' 523.00 $19.80 $16,086.00. S1B,619.00 0307.4.1.F.3 _ Maln Llee Type "P"Surface Restoratlan (Asphalt Roadway with Fabdc)- 190 - :LF $90.00 $7,600.00 ': OI Bidder .$30.00 E6,700:00 01 Blddar $20.505 -53,896.00 03 Balder ' : $35.00 5;0,850.00 04 Bidder $27:00 56,13¢80 OS eldder'. $18.00 E3,420.00 06 Bidder : $4755 SS9.034.80'. 0801A.tA:014B 48" Stone Drain/CUIveNGravily IrdOallan Pipe, Reinforced Concrete (RCP)- "' - 1016 SLF $i;0.00 5121;800.00'' Gravityjnigallon,_Class V - 0181dder 5144.00 5148ABO;OD 03 Bfdde $144.OD 'E146,180.00'. 03 Bidder ! $158.59 $180,908.86, o4erdder $162.00 $164,430.110 SOS Bfdde $I65.OD; $1W,476.00 06 Bidder '' $159.00 $181,386.00,; 0802.4.1.ES rStorm Drain or Gravltylrtlgatlon Catch Manhole- 96" 5 'EA 55,8011.00 $29,000.00 01 Bfdde $7,800:00 E39,000.00 ; 02 BMde $8,900.00 : $44,600.00. 03 BMder ':$10,166.67 ($60,833.35 O4 Bidder $10,100.00 E50,600.00 SOS Bidder $10,300.00. $61,600.00; O6 Bidder ;1$9,690.00 548,460.00 0T06.4.1Ai5 StendaN 6-Inch Vertical Curb 8 Gutter- Remove a nd replace ~ ~~80 '. ~ $31.00 $1;800.00 01 Balder $12,81 E840.60 02 Bfdde $12.001 '' 5800.00'. 03 Bidder 55630' .52,616.00 -- 04 Bfdde $36.011 51,800.00 OS Bidder ". $9.006 : $450.00' 06 Bidder $17.35 $887;60 0706.4.1:8.3 Conerele Valley Gutters- Remove and replace ~ 45 SF 535.00 5678,00 o1 BMder $10.2; $481.26 02 Bidder '. $20.40'. 5918.00-: 03 Bidder ! 547.42 '.52,133.90 '! 04 B/dderr '$14.00 5830.00 OS Bidder : $5.251 < 5238.25`. O6 Bidder $24.65. ,.51,109.25;.; D7p84.1.EJ Concrete Sidewalks;-.Remove aeCreplece, 4" 30 S SY T $30.00 E900:00 Ol Bidder 04 Bidder $22.55 $40.00 EB78.50 i 01 Bfdde 51,200;00 1 05 Bfdde ! $22.90 $27,Op. S68Z00 -. 5810.00'. 03 Bidder 06 Bidder 595.34 ' 530A5. : 52,860.20 ' $813.50.' ~1001.4.1A:1 Sedimept Conlro6 ~ 1 L$ $2,5 00,00 E2;500.00 01 Bfdde Oq Bidder $1,025.00 $585.00 E1,026.00 OI Bfdde _ 5585. 0 0 OS Bfdde $100000 $1 000.00 :I 5110000 $1100.00_- 03 Bfdde O6 Bfdde :' $l B0 $686.00 51.00 ~ 5688.00. 11D3.4.1,A;1; _ . Construction Treffi¢Cdnlral 1 ~ <LS 55,0 00.00 55Utltl.DD r'. 0] Bfdde 04 Bfdde $1.03 $1,00 51.03 02 Bfdde $1.00 ~ 05 Bfdde $1.00 ~ $2,100.00 <: E1.00 '. ' 52,100.00 03 Bfdde O6 Bfdde $1.01 ~~ $1.05 $1.01 J $1.06 1110341 B:T Traffic Control Signs ~ 64 '. SF $8.00. 5384.00 01 Bfdde/ : $5:38 5344;32 02 Bfdde $5.30- 3339.20'. 03Wdde $530 : E339.20 04 BWde $5.30 $352.00 OS Bfdde $5.25: ' $33D.OOI 0661dder : $5.70'. $384.80'. 20f0A.fA.1 Mabllizellon _.:; __;._ 1 LS 510,000:00 $10,080.00 S O1 Bidder .$0.00 50.00 ~ 01 Bidder '. $1,600.00 - $1,600.00' 03 Bidder $4,900.00 6,.54,900.00 0481dder $1,000.00 51,000.00 ~OS Bidder ` 58,000.00 ' 1 58,000.00 ' 06 Bidder '.$2,340.00 692,340.00,1 ' SPOB017 S' ConDid M anhole-72"Ih19aDon drainlsanltary sewer 1.` FA^ $6,000:00 $6,000.00 O1 Wdd $13,800.00 $13,800.00 01 BMder <. $10,30p,00. 6. 510.300.p0 03 Bidder ,.$9,292.93 6:59,292,93' 04 Bfdde $9,500.00 59,600.00 OS Bfdde '. $9,700.00 E9,7tl0.00' 06 Bidder : p $8,880.00 SB,BB0.00 SP 06025 Irdgallod D rain/Sanitary Sewer ConBlcl BOx- 1 I EA $35,000;00 536,000.00 ' O1 Balder $15,600.00 516,800.00 02 Bidder : $16,900.00. E18,900.00'. 03 Bidder $16,415.15 '518,616.16'. 04 Bidder $16,840.00 518,840.00 OS Bidder !': $17,200.00'. 517,200.00'' 06 Bidder $17,970.00 $17.970.00' (SP OB120 ~. Asphalt Repair ~ ~~? 130 ~ SY ~ $25.00 E3,260,00 ~~ 01 Bidder $12.00 51,680,00 01 BMder 1 $11.80; 51,694.00 03 Bidder 3 $20.00 6$2,BOO.OO;r 04 Bidder $24:50 53,165.00 OS Bldder~ S $13.00' 51,890.00 06 Bidder 535.40 :!$2,002.001 SP 28087 Repalr,Landscaping( 1 'LS $3,000:00 $3,000.00 ' OS Bidder $4,100.00 E4,100.00 Ol Bfdde ' 51,300.00 51,300.00' 03 Balder ';$1,287.88 6.$1,287.88 04 Bidder 53,310.00 51,310.00 OS BMder $1,100.001 52,100.00 OBBMder ;.$4,640.00 ~I54,840.00 Estimate 5257;0$8.00 :: 07 Bldd ;~`_ 5264,216,00 ~028idde __.____ t_ 5266,403.70 ~03 Bfdder]'~ _~~ $293808`67 1048Idder~ ::, $281,183.00; 05 Bidder,; 5289,c87:26` OB BIdde~~5297,923;80~. 1192012 CT212-09 - Plne. and Linder Infersecffon Page B 01 Bidder $150.00 34,fi00.00 02 Bldde $135.OD' f 34,060.00. 03 BMder $122.73 ,E3,6B1.90' ' 04 Bidder $125.00 33,760.00 Os Bldde - $130.00< ' 33,900.00 06 Bidder $147.00 _IE4,410.ODS SP-M106B' 24"O 3/B"THICK STEEL CASING 60'. LF $13 0:00 36,500.00 ~' 01 Bidder $ico:ao 38,000.00 02 Bidder '. $138.00: 36,900.00'. 03 Bidder ;'. $128.79 ..!56,439.60 O4 Bidder $33.00 36,660.U0 OS Bidder '. $194.00- ' E5d00.QD'. 06 BMder al $160.00 ''EB,000,ODs. 5P,Mg07 " ASANCK)N EXISTIN©WATER SERVICE 18 '. EA $25 0.00 54;50q.00 01 Bidder $SD.9o 3800.00 01 BMde $49.80'. 3896.40. 03 BMder '. - $277,78 (36,000.04 ` a4emeer $263,00 55,094.00 05Bldder ' $288.OD 36,184.00 06 BMder ' $165.00 'r,32,970,OPJ.~ SP-M504 RECONSTRUCT EXISTING SEWER S ERVICE~A ~-w 360 ItF $24A0 38,840.00 Ol Bidder $15.00 35.400.00 Ol Bidder $39.BD 374,326 DO 03 Bidder `. $21.21 <.37,836.fiD 04 Bidder $21.50 37,740.00 OS BMder $23A0 38,280.00. 1068Mder $28.70 .310,3 0 1/BI2012 CT212-09 -Pine and Under Intersec0an Page 9 Esllmale 594;285.00 -~ 01 Blddel~; ~ 5110,683.861 i028idder~'._ 588408.801 I03 Bldder~ 598,311:881 [04 Bidde `: ~ 586327,001 ~05 Bidder 5137,677:00 ~OB Bidd9r~-T 5109,698.90` 01 Bidder $25;30 52,183.00 @Bldde~ $21.10 51,814.80 0.7 Bidder '' 535.00 '.:53,010.00'- 04 Bidder $19.00 51,834.00 05 Bidder 524.00 52,084.00. 06Bldder ' $26.85 52,309.10' 0706.41.G;1 _ Concrete Repels _ 36 ; ~ SY $40:00 57,440.00 ' O1 Blddar $30.75 51,107.00 02 Bidder $25.30< '. 5810.805 03 BMder I`. $83.84 . ':$2,948.24' 04 Bidder $28;00 51,DD9.9D OS Bidder _ $27A0 '. ' SB72.00.. : 06 Bidder ' $1205 5973.8D5 ASP 1 -_ I AdJusl F~datlnp Water Maln al New Plpe Crosaln9 ~- ____...._.T'. "r 2 ~~ $2,a~;00 ~ 54,000.00 1 r01 Bidder $4,200.00 58,400.00 02 Bldde $310p,p0 $6,200.00: p3 Bidder -$1222.22 54 444.44 04 BIdderL $2,2fi5.00 54,830,00 OS Bidder I $2,300,001 54,800.00. 06 BMde $3,230A01 , x8480,0 SP 2 AdJual Fxlatlnp Water Service Al New Plpe Cros6lep 2 '.: 511 $1,200.00 52,400.00 O1 Bidder $500.00 51,000.00 01 B/dde~ , $638.00 '. 51,278A0'. 03 BMder °>' $353.54 ;. 5707.08. 04 Bidder $360.00 5720;00 OS BMder ~. $370,00`. ' S740AD. 06 Bidder '; $735.00 „1$1,470.00 SP3 RewnaVUCt F~IeOnp Wekr 6eMce -120 ~IILF $x6.00 53;120.00: 01 Bidder $20;00 52,400,00 01 BMder '. $57.4D:: 58,088.00 '. 03 Bidder $B.OB I 5888.80 04 Bidder $8.00 5880.00 05 BMder _ _ - $9.OD. 57,tl80.00.1 06 Bldde _ $29.70 53,684;00 8P4 _ Lawn Sad Reatore80n 438 ISF $4.00 ..51,744.00 Oi Bldde $2.05 5883.80 OS Bidder 5' $1.00; ' $430.005 03 Bidder '' $1A3 _'. 5440.38 1 04 B/dde1~ $IAO ~ 5438:00 OS Bidder <I $1.255 . $981.00, 06 Bidder $10.80 $4,708.80 .Esllmale 516,284.00 `, 0181tlde ,; ~.. 516,883:80 L02 BMd ' S17~628.40 03 el0lde ~ ~T 572,67Y.72 04 Bidders ' 58,25&00 Ob Brdd{ ~ 510,497.00 8 BIddB ~- 519,488;70' 11812012 CT212-09 -Pine and Under Intersec(ion Pape 1 D -- Eenreate T-517se,eie.5li .. Contract Totals. is Rating B1d Pine Ave B Linder Rd -- - ~5g07 438.81 s,e oiw o,,.. e..e aY uw.. ow ' "~` `coon woe o¢ -I 02 Bidder Central Pavino Schedule to-Base Bkl Plhe Ave&Lldder Rd Schetlule 1 b-Altemale_Bld Plna Ave &Llndar Rd a".5031,705:B2a 5365,853.50 '. Scbed4te 2-Nine Mlle Creek Plpe Replacement ProJecl ` 5255,403.70 Schedule 3-Floe AVe 8 Llndar Rd Sauter $ Water PreJecl 588,409.00 Schedule 4-NIne Mild Creek Plpa Replacement -Sewer $ x517,626.40 S;j.51,862,887.32 ~ Schedule la-Sale Bid Plna AveBtlader Rd 5979,771.001 Schedule ~GAltemate Bld Pine Ave 8ilnder Rd 5309,159.00 Schedule2-NIne Mlle Creek Plpe Replacement ProJea Schedule 3-Pine Ave $ Linder Rd Bewef $ Walar ProJeG S_291,103.00 595,327.00 Schedule4•Nlne Mlle Creek Pfpe Replacement-SewerB ,59,29E00 Schedule 7e Base Bid Plhe Ave $ Lldtler Rtl ~___ .51;052;642.95 Schedule 7b-Altemete Bld Plne AVe BLlntlar Rd _ 5405,783.86 Schetlule 2-NIne Mile Creek Pipe Replacement ProJeet Schetlule 3-PIne Ave 8 Linder Rd Sewer $ Water Pr6jed - Schedule 4-NIne Mile Creek Pipe t2eplacemenl-SewerB '5281,923.90 ~ 3708708 9B8_B0._ 518,405.70 'S1r0T9,433.10 5f0,410,827.27 x._.51,761,720.00 ~ 05 Bidder C $ A Paving Co. ~ _ Schedule 1a-Rasa Bld Qlne Ave Bllndef Rd _ 5970,974.00 Schedule 1b-Altemete BW Pine Ave BSlntler Rtl _ 5307,50$.90 Schedule 2-Nine Mile Creek Plpe Replacement Project 5208,507,26 Schetlule 3-Pine Ave 8 Linder Rd Sewer $ Water PraJecl ~ 5137,57Y.00 Schedule 4-Nine Mile Creek Pipe Replacement -Sewer 8 _ _ _ ;10,437.00 _ : . 51,806,604.36' O6 Bidder Knife River 1!8/2012 CT212-09 -Pine and Llntler Intersec9on Page 11 04 Blddef WF Conslnlcllon .~ INTERAGENCY AGREEMENT FOR ROADWAY CONSTRUCTION/ POTABLE WATER AND SANITARY SEWER UTILITY IMPROVEMENTS: PINE AVENUE AND CINDER ROAD INTERSECTION AND NINE MILE CREEK PIPE REPLACEMENT ACHD PROJECT N0.306007 THIS INTERAGENCY AGREEMENT FORROADWAY CONSTRUCTION/POTAHLE WATER AND SANITARY SBWER UTILITY IMPROVBMENTS FOR PINE AVENUE AND LHVDER ROAD INTERSECTION AND NEVE MH.e CREEK PIPE REPLACEMENT ("Agreement's is made and entered into this . f _.L day of ~''.~-,bea( .2011 ("Effective Date"), by and between the Ada County Highway District, a highway district organized under Title 40, Chapter 14, Idaho Code ("ACHD'~, and thl City of Meridian, a municipal corporation organized under Title 50, Idaho Code ("City"). WHEREAS, pursuant to Idaho Code § 67-2332, ACHD and City desire to undertake a joint effort to shaze the tasks and costs of reconstructing the Pine Avenue and Linder Roed Intersection, including potable water and sanitary sewer utility adjustments and installations as detailed in Project Number 306007 (the "Project"); and WHEREAS, ACHD is willing to arrange for adjustments and installation of potable water and sanitary sewer utilities as part of the Project plans so long as ACHD is fully reimbursed.for all costs and expenses it incurs as a result of additional work attributable to the adjustments and installation of the potable water and sanitary sewer utilities within the Project boundaries, including but not limited to, costa for changed conditions, plan errors and omissions, and delays attributable to the potable water and sanitary sewer utility design and installation; NOW, THEREFORE, inconsideration of the foregoing premises, mutual covenants and agreement herein contained, the parties hereto agree as Follows: 1. ACHD SHALL: a. Solicit, receive, and open bids and for executing and administering the construction contract for the Project referenced herein ("Contract'7; b. Provide City with a complete set ofcombined bid documents for the roadway reconstmction and for the potable water and sanitary sewer utility work referenced herein; c. Furnish City with an abstract of all bids received, and obtain City's concurrence with ACHD's selection for award of the Contract prior to making such award; d. Coordinate with City regazding execution and any modification of the Contract, with regazd to any provisions that may impact City's potable water and sanitary sewer utility work; e. Make monthly progress payments and the fmal payment to the Contractor in conformance with the terms of the Contract; ~~ ~ =w =ago ~ ism C.-i _.. :~ - o $~ ~~ ~ ^'~ ° OT~~ W_ Wa mW ae~•2x o g 1 S ~QmW}3 e°.aW~~b °Q °mo~g INTERAGENCY AGREEMENT FOR ACRD PROJECT N0.306007 PAGE 1 OF 6 f. Obtain City's concurrence prior to approval of each Contractor's progress payment estimate and submit to City a copy of each estimate together with an invoice for City's share of the Contract costs earned by and to be paid to Contractor; g. Obtain City's prior approval for any change order work involving the installations, adjustments, relocations, and abandonments ofpotable water and sanitary sewer utilities; h. Provide for the reference and replacement of all pre-existing aurvey monuments within the work area; i. Provide the trench wmpaction testing, at the minimum frequency rate of one (1) test per five hundred (500) lineal feet per one foot (1') of trench depth, for the potable water and sanitary sewer utilities from one foot (1') above the pipe zone to sub-grade of the roadway section; j. Provide all re-testing required in any area that does not meet Contract requirements; k. Provide the field survey and grade control necessary for construction of the roadway; 1. Establish centerline or offsets and stationing prior to City staking potable water and sanitary sewer utilities contained in City's portion of the work; and m. Coordinate with City prior to making changes to ACHD's portion of the Contract where such changes may impact City's portion of the Contract. 2. CITY SAALL: a. Inspect all potable water and sanitary sewer utilities installed under the Contract and provide copies of appropriate tests and diaries to ACRD Project Representative; b. Provide field survey and grade control required for the installation of the potable water and sanitary sewer utilities installed under the Contract; c. Provide ACRD with the construction plans, special provisions, and unit bid quantities for the potable water and sanitary sewer utilities to be included in the bid documents for the Contract, including the requirement that all work regarding the potable water and sanitary sewer utilities must be performed in conformance with the most current edition of the Idaho Standazds for Public Works Constmction ("ISPWC") and the most current City of Meridian Supplemental Specifications to the ISPWC; d. Remit to ACRD, withinthirty-five (35) days after the date of invoice therefor, all funds for which City is responsible pursuant to the approved final Contrnct and this Agreement; e. Reimburse ACRD for all additional costs incurred by ACRD, up to a maximum of five percent (5%) of City's constroction costs, including overhead and benefits, project administration, compaction testing, and soils work required solely for the installations, INTERAGENCY AGREEMENT FOR AC®PROJECI' N0.3O6007 PAGE 2 OF adjustments, relocafions, and abandonments of the water and sanitary sewer facilities, which reimbursement shell be calculated as the actual quantities of work acceptably perfonned, and/or, installed, as determined from field measurements made by City, and paid for pursuant to the unit, and/or lump sum prices established in the Contract; f. Reimburse ACHD for mobilization, traffic control, flagging, detours, and weekly meetings, on a prorated basis, to be calculated using the percentage of City's project costs as they relate to the total project cons[mction costs; g. Be liable for the cost of repairing any trench failures attributable to failure of potable water and sanitary sewer utilities; and h. Reimburse ACHD for any additional costs to ACRD attributable to the installations, adjustments, relocations, and abandonments of City's portion of the potable water and sanitary sewer utilities or to the removal of any or all items from the Contract that are associated with the installation of potable water and sanitary sewer utilities. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. Prior to commencement of work by the Contractor, the Parties, together with the Contractor, shall inspect the entire Project for the purpose of locating and resolving any items of concern or misunderstanding; b. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto, c. All signatories to this Agcement represent and warrant that they have the power to execute this Agreement and to bind Ure agency they represent to the terms of this Agreement; d. Should either party to this Agreement be required to commence legal action against the other to enforce the teens and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action; e. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada; f. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto; g. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution; h. The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho; INTERAGENCY AGREEMENT FOR ACRD PRO.rECrN0.3O6007 PACE 3 OF 6 i. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to the other in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein; The promises, covenants, conditions, and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns; k. if any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible; The failure of a party to insist on the strict perfonnance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by ACRD and City; m. This Agreement maybe executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same. n. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership, or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement; and o. Time shall be of the essence for all events and obligations to be performed under this Agreement. INTERAGENCY AGREEMENT FOR ACIID PRWECT N0.3a6007 PAGE 4 OP 6 IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT B By: - y: Bruae Wong ', bates W. Arnold Director President, Board of Commiasionere ATTEST: ~ayr,T°n OF MERIDIAN c~ I ~ B ~, s 7~ m~x° .e/ Jaycee Holman ?y ~ ~~` emmy a eerd , City Clerk ~"n• ~~ Mayor ~°p°~ STATE OF IDAHO ss. COUNTY OF ADA ) On this 2 ~ s; day oT~J ~ 2011, before me, a notary public in and for said state, personally appeare REBECCA ARNOLD lmown to me to be the PRESIDENT of the ADA COUNTY HIGHWAY DISTRICT BOARD OF COMMISSIONERS and the person who subscribed said name to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have,hereunto set my hand and affixed my official seal the day and year first above written. l J i4~h~ l ~e~ No ublic or Idaho Residing at • ~tw, Idaho My commission expires: ~, y/.7~ ~ ~- INTERAGENCY AGREEMENT FOR ACRD PROJECT N0.3061107 PACE 50F 6 STATE OF IDAHO ) ss. COUN'T'Y OF ADA ) On this ~_ day of L1~-~Q)1 , 2011, before me, the undersigned, personally appeazed TAMMY DE WEERD and JAYCEE HOLMAN, Mayor and City Clerk respectively of MERIDIAN CITY, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at ~o~1al'~.Idaho My commissionexpires: an '~ . a d ~{ INTERAGENCY AGREEMENT FOR ACRD PROJECT' N0.306007 PAGE 6 OF 6 Meridian City Council Meeting DATE: January 17, 2012 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: Acceptance Agreement: Display of Artwork of Helen Grainger Wilson in Initial Point Gallery from August 31 to September 28, 2012 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 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the l=l day of ~w, 2012 ("Effective Date"), by and between the City of Meridian, a municipal corporation organiz under the laws of the State of Idaho ("City"), and Helen Grainger Wilson, an individual person whose address is 700 E. Parkway Court, Boise, Idaho ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.' WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on November 3, 2011, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on December 6, 2011, by the passage of Resolution no. 11- 825, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and cemfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows; I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on August 31, 2012, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit D hereto. Artist shall be responsible for installing such artwork on August 31, 2012 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from August 31, 2012 to September 28, 2012, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on September 28, 2012, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Artist and the Gallery Curator. ACCEPTANCE AGREEMENT W rr1AL POMT GN-EERY DISPLAY PAGE 1 II. COMrENSATIONANDSALEOFARTWORIC. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council, City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B, Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer, the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display In Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) ofproceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwor•Ic from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TrME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement, IV,INSTALLATION. A• Cool•dination with Curator. Prior to the installation, removal, replacement, and/or substitution o£ the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensute that such artwork may be safely and appropriately displayed in Initial Point Gallery, If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in ExhibitsA and B, does not refleot artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator, or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork fi•om Initial Point Gallery where such removal serves the bast interest of the City. Acane•rnricB AGIi6BMBNT TNfTIAL PORJT QALLERY AISPLAY PAGB 2 V, DISPLAY. A. Original artwork, Artist warrants that any and all artwork provided by Artist for display in Tnitial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Whore practicable and to the extent of City's authority, Artist shall be aclotowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name, Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of lutist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for pur~roses of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's I~ecutive Assistant, E. Removal of artwork by Clty, City shall have the right to remove Artist's artwork from public display at any time and for any reason, Such removal may be temporary or permanent in natm•e. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) how•s, City shall notify Artist in the manner set forthherein, While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period maybe shortened by City for any reason, without notice to the Artist. I', Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason G, Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Tnitial Point Gallery shall be determined by the Gallery Curator, VI, INDEMNIBICATION. WAIVER. AND INSURANCE, A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. ACCEPTANCE AGREEMENT' INITIAL POINT GALLERY DISPLAY PAGE 3 B. Waiver, Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to pet•sons ot• property arising fiom, growing out of; or in any way connected with or incident to Artist's perfolTnance of this Agreement, whether such loss or damage maybe attributable to known or unknown conditions, except fm' liability arising out of the tortious conduct of City or its officers, agents or employees. C, Insm•ance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the altwork; of the Artist's person, properly, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as maybe required in order to protect Artist's insurable interests for its tights and obligations described within this Agreemont, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the altworlc to be displayod in initial Point Gallery Artist shall beat, any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, hansported fiom, installed or hung in, and/or displayed in initial Point Gallery. VII. TERMINATION. A. Termination for Canso. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party wi]1fillly or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Patty shall have the right to terminate the Agreemont by giving written notice to the defaulting party of its intent to terminate, and shall specify the Bounds for termination. The defaulting party shall have twenty-four (24) horn's after receipt of such notice to trite rho default, If t]te default is not trued within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating patty, B. Termination without cause. City may immediately terminatc this Agreement for any reason at any time without prior notice to Alist• C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Alist. D, 1Von-waiver. A waiver of any breach or default of any provision of this Agreoment shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGR 4 VIII. CrENEItALPROVISIONS. A. Relationship of Parties, It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City, Nothing in this Agreement shall be interpreted or construed as creating or establislring the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term ofthis Agreement. B. Compliance with law, Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. Infulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sax, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Enth•c agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and ail statements, promises, or• inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith, The terms ofthis Agreement may not be enlarged, modified or altered except upon written agreement signed by both, parties hereto. E. Agreement gover~red by Idaho law. The laws of the State of Tdaho shall govern the validity, interpretation, performance and enforcement of this Agreement, Venue shalt be in the courts of Ada County, Tdaho. F. Cwnulative rights and remedies, All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law, Likewise, the exercise of any remedy provided for herein or allowed bylaw shall not be to the exclusion of any other remedy. G. Severabillty. If any provision ofthis Agreement is found by a court of competent jurisdiction to be illegal, invalid, ar unenforceable, the remainder ofthis Agreement shall not be affected. H, Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise, Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise, AlI of the terms, provisions, covenants and conditions ofthis Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any acrd all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows; ACCEPTANCE AGREEMENT INITIAL POMT GALLERY DISPLAY PAGF. 5 Artist: Helen Grainger Wilson 700 E. Pazkway Court Boise, Idaho 83706 (208 344-4344 gwilson@gmail.com h 3c~„~iil son~c~.l .C.l,u"~ Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 887-6473 dwight5332@q.com C Emily Kane, Deputy City Attorney City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 898-5506 ekane@meridiancity.org Any party may change its respective address for the purpose of this pazagraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~ day of, 2012. ARTIST: ~e~Q..~..~ ,,(7.ta~e%~~ lea Pa~J Helen Grainger Wilson CITY OF MERIDIAN: BY: ~J 1 Attest: City Clerk S ~^a, ~L }-F ACCEPTANCE AGREEMENT INrrIAL POINT GALLERY DISPLAY _ PAGE 6 Exhibit A Meridian Commission Ca(l for Ari~(sts: 2012 INI IAL POINT GALLERY SERIES ovERVlew: The Meridian Arts Commission {MAC) seeks proposals for the display of two-dimensional and/or three-dimensiona[ artwork as part of the 2012 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery, Initial Point Gallery is located on the third floor of Meridian City Hall (33 E, Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space for hanging two- dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests Chat artists voluntarily donate to MAC 2096 of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in Initial PofnC Gallery must be comprised ofprofessional-quality, ready-to•hang, original art; artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery. Three- dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated far its compliance with these general requirements. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees may reapply biennially. PROPOSAL REQUIREMENTS; Artists or organizations wishing to display work in the 2012 Initial Point Gallery Series must provide the following materials and information Co MAC in order to be considered for selection, 'Completed, signed Application & Acknowledgements form; • Biography of the artist or informational statement regarding organization; Letter of intent; Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different artist's work); and • $35 gallery maintenance fee (nonrefundable). • Details and forms are available at the City's website, http://www,meridianclty.org or upon request, Limited assistance producing digital images may be available upon request. Materials submitted cannot be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 28, 2011. SELECTION PROCESS: The selection of art for the 2012 Initial Point Gallery Series will be made by MAC, MAC will notify selectees by letter sent U,S, Mail. In evaluating eligible proposals, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; Consistency with City policy and community values; and Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources; • Volunteers to assist artist/organization with installing and removing each piece of artwork; • Track system for hanging 2D art, using wires that are attached to hooks; • Four enclosed pedestals for 3D art, each approximately 24 inches square; • Space for artist information and/or an information board; and • Publicity of the exhibit through Clty contacts, local media, and other informational forums, CONTACT MAC: By mail; Meridian Arts Commission Attn: 2012 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 eye-mail: mac®meridiancity.org Exhibit B Tvlaridian Commission Applicatir7n & Acknowledgments: 2012 INITIAL POINT GALLERY SERIES ARTIST/ORGANIZER Checlt ane: Artist/6r-g-Name; organizer hams: E-mail address: Mailing Address; Physical Address: Phone numbers; APPLIGAT1gN gVER~ Checkall.that apply: Number pf 2D pieces; Number of 3D pieces: ITACTINFORMATIONt I am submitting this form as an individual artist. I am;;ubmitting this form on behalf of an tjrg7Di: I/eve propase.to FIII ane half of Initial Point Gallery with twa•dimenslanal I/we propose to fill the ehtire Initial Pnlnt Gallery with two-dimensional ; i/We propose to fill these di;:play cases With 3D artwork: q 24"Wx24'.'px42"H 1~2~"Wx24"px36"H V~'24"W%24"DX30"H I.x.'o r" 13 Average size of 2D pieces; 1 /v u ~~ ` %(.~ i'~ Average size of 3D piecos: ~ rc e F APPLICATION MATERIALS: ~ ~ - Q Completed, signed Application @ Acknowledgements Form d Biography of artist orinformational statement regarding organization, no longer than one g'h x 11" page; L7 A letter of intent, describing: a. Artist/Organizptlon's vlsigD for and/or theme of the proposed display; b, Nuhlber, dimensions, prices, and medium or media utilized in Che Worsts to be displayed; c. Any publicity that the Artist/Orgaitizatton plans to undertake ifselecteq; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed far display. p tl to five ieltal images of work representational of the artist'slorganizat ion's work on a GD, resolution of 300 dpi gat a minimum size of 5x7", 1n .Jpg format. Please Hems= each image file With artist's last name or organization name and tits title of the work (e.g.: name.title,Jpg). Materials subjnitted will not be returned. Damaged or non- compllaht CDs and/or images will not be considered. Images will not be accepted via email. CI $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee fs nonrefundable. DISPLAY INFQRMATI.ON: I;tJkial Point Gallery is equipped with a track system for hanging two-dimensional artwork. Artworlt displayed in the gallery.will be hung from caples using hnolcs, and therefore must be equipped with one D ring on. the back of Cite framo, ar two D rings on the side Pails on the back of the frame, as Illustrated below. The D-rings should be approximately a quarter of the distance of the total frame height from the tap of the frame in order to avoid slanting away from tho wail. Wires, eyehoolcs, and clip frames may Jto ~ be used for hanging, and are not allowed. initial Point Galt6ry glsp provides four display cases,, each with different dimensions, for displaying three-dimensional artwork. ly , 3'~b" - ' ~ J~ p~.~ J• ~ I+ ~ ~ I ~ {I ... Q1 ~1~ ACKNtlWI.EDGMENTS; I,~xfyt~~ U~/u ~ieJ~-~ ;}yereby acknowledge the following stipulations and agrae that if this proposal is selected for dis~t Inltlal Point Gallory, such display shall occursubject to these general torms and conditions, as well as subject to otlser specific terms and conditions that shall be set forth 1n a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that; A. Before my work will be displayed in Initial Point Gallery, I will be required to enter inta an Acceptance " Agreement with the City of Meridian establishing the specific terms and conditions of the display of tho particular works displayed. 8, If my work 1s selected for display in Initial Point Gallery, the City oP Meridian and Its agents will "'r exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss os• damage. '7~~ C. Any insurance of the artwork displayed in Inltlal Point Gallery shall be the sole responsibility of the artist. The Gity of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Inltlal Point Gallery. i77 n~ D. Whilo artwork displayed In InIC1al Point Gallery may 6e passively offered for sale by means of an informational table, board, or handout as provided or allowed by the Gity of Meridian, no piece displayed in Initlat Point Gai[ery may have a visible price tag. ~r~ E. Wh11e it is intended that each exhibit in Initial Point Gallery will be displayed far aone- to twn•month period, this period may be shortened by the City of Merldtan for any reason, without notice to the artisk or organization. T~ F. The City may display the work of more than one artist or organization in Inltlal Point Gallery at any n' time, at the Ciky's sole discretion, (~ G. Artwork submitted far display in Initial Point Gallery must be original wort<s conceived and created by the artist (or by artist members of the organization) submitting this application. .L `~ H. Merldtan City Hall 1s primarily a place of public business and InRial Point Gallery Is a public place. The Gity seeps to cncaurage artistic expression and public dialogue, put must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and artwork meeting tho eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed In Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and da agree to these general terms and condttions. I - l Signature; ~.~ 7~'t~~~ ~~~~~ print name:~"~1~'~n ~.t~_I~ ~A/ ~C1St5f~ Date: (?~i`~-=-4~ ~u 1 ~ To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mall, to: Merldtan Arts commission Attn: Initlat Point Gallery 33 East Broadway Avenue Meridian 1D B34A2 Thank you for your interest! Helen Grainger Wilson 2012 Initial Point Gallery Series Call for Artists better of Intent Dear Commissioners, It is my request thatthe Meridian Arts Commission conslderdisplaying mytwo-dimensional and three-dimensional artwork as part of the 2012 Initial Point Gallery Series, It is Intended to be half of a one-month exhtblt (preferably September) dual exhtblt with Patrtata Fennell. Our work is compatible, as was indicated In an exhibit we shared in 2009. The overall theme for our propnsed exhibit would have a un[fying ldaho linic, My patntings (12 or 13) have an international Basque theme, They combine Idaho-related subf eck matter with subJects from my recent travels to the Basque provinces of Spain and France, and a few months ago to the hlstortc whaling and fishing site, Red Bay National Historic Site of Canada, in Labrador, Canada. I have immense apprec(ation of the Basque people, their culture, history and environments, which 1s onhanced by my association with the Basquo Museum and Cultural Center, Balsa and several friends of Basquo origin. Hopefully, my paintings reflect that apprec[ation in style and spirit, In three of the paintings I emphasize tho international Basque heritage in diptychs or triptychs. For example is a diptych of Mountain Home, Idaho's, hlstortc* Kronton hand-ball court Juxtaposed to ono being used In San Sebastian, Spain. * [In the National Regisker of Historic places] My three-dhnenstonal porcelain clay forms are wheel-thrown and hand carved with abstracted motifs insp(red by Idaho's natural environment. Most aro glazed with my nwn black or colored formulas; the white pieces are unglazed, emphasizing the subtle nuances of light and shade on the handsnme'white clay. All pieces would fit into the gallery's display cases and might be arranged In tone-related or Color groupings. Their designs are compet[ble with the theme of our proposed exhtblt, Thank you for considering this proposal. Of course I would abide by all restrictions and requests if my proposal is accepted. Helen Grainger Wilson October 20, za11 Helen GraYnger Wllsan 2012 Initial Point Gallery Series Call for Artists (208) 344=4344 h$gwlfson®gmall.tom BiogPaphlcal5tatement Now a white-hatred grandmother, I try to view the world with more apprec[atlon, truth and less judgment. I am part.of an inter-radal/ethn[c faintly, have dual citizenship and seek cfeative authenticity. My hope is that my artwork and life reflect my ever-broadening perspective of the world. Born and raised in the foothills of the Canadian Rocky Mountains, traveled on four continanks, and an Idahoan most of my life, I marvel at how fortunate I am; I also recognize my responsibility to othets and td aurlife-giving planet; Much of my artVyarl<, both two-dimensional and three-dimensional, reflects dualities: nature and culture; the interplay between land, people and culture essence ahd existence; the relationship between spirit and reality • content and matetlals the balance between meanln~ ahd t2cln4cal considerations My current arC related Involvements include the. following: merit membership In the.ldaho Watercolor Society; membership in the Plein Alr paintors of Idaho, Western Art Association, @n'd Northwest Watercolor Society • teaching artist (rostered artist/artist an resilience) throughout Idaho through the Idaho Commission nn the Arts' Arts Bducatlon program • teaching artist in residence in Alaska through Alaska's Artists in Schools program valunteering ip varinusert-related programs for children and adults Before turning mueh of my professional attent[on to creating and teaching art, I taught elementary school In Boise for a dozen years and helped raise our family. 1-lappily, many Qf my favorite art activities now include doing art projects w[th.our three young grandchildren. A foundation for creating and teaching art and appreciating nature and cultures lies to my university eclucatlon: Mastors of Arts degrees In art and elementary education, and Bachelor of Arts degrees In sociology and art. Three quotations that influence my artwork and life are the following: We need the tonic of wlldnc~ss..and nature. Henry David Thoreau Art washes away from the sou! the dust afeverydaylife. Pablo Picasso Paint whatyau love-we dop'thave thatmud7'time. zrarol Barnes - hieleli Grainger Wilson Teaching Artist PPMMI~8810~N . iA. AIxTa 700 E, PaCI<way Court Artists In; H: (206) 344.4344 agise,In 83706 Residence Ct(435) 049-1664 www.h3gwllson.com Program h3gwllson@gmaiLcorrt wW W.erle,ldaho.go'V/ae/roster Meridian City Council Meeting DATE: January 17, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Acceptance Agreement: Display of Artwork of William Gardoski in Initial Point Gallery from March 30 to April 27, 2012 MEETING NOTES i~,.~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITL4L POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the ~ day of~_, 2012 ("Effective Date"), by and between the City of Meridian, a municipal corporation organrz under the laws of the State of Idaho ("City"), and William Gardoski, an individual person whose address is 1620 E. 2 %z Street, Meridian, Idaho ("Artist"), (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E, Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on November 3, 2011, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on December 6, 201 ], by the passage of Resolution no. 11- 825, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agee as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on March 30, 2012, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, artwork which shall substantially confor7rr to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on March 30, 2012 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from March 30, 2012 to April 27, 2012, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on Apri127, 2012, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Artist and the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POMT GALLERY DISPLAY PAGE I II. COMPENSATION AND SALE OF ARTWORK. A, No compensation. At•tist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council, City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale, No price shall be displayed on or be proximate to any piece on display in Initial Point Gallety. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled so]ely by Artist, Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery, Upon the sale of a piece of artwork on display in Initial Point Gallety, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallory Curator prior to such activity, III. TIME OF PERFORMANCE, Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is sttictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement, IV.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator, B, Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as ExhibttA, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery, If the Gallety Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal sat forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallety Curator or the City may require the immediate removal of such artwork from Initial Point Gallery, Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest ofthe City, ACCEPTANCE AGREEMENT' INITIAL PGINT GALLERY DISPLAY PAGE 2 V. DISPLAY, A. Original artworiz. Artist warrants that any and al] at•twork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C• Use of AI•tisNs name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist, D, Use of City's name. City hereby conveys to Artist permission to use City's name fot• purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission ofthe Mayor's Executive Assistant, E. Removal of artwork by City. City shall have the right to remove Artist's artwork from pnblio display at any time and for any reason, Such removal may be temporazy or permanent in nature. Where such artwork is or is intended to be removed fiom public display for longer than forty-eight (48) hours, City shall notify Artist in the manner sot forth herein, While it is intended that Artist's artwork will be displayed in Initial Point Gallory for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F'. Rernoval of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, andlor substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece ot• for any other reason. G• Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion, The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI, INpEMNIYICATION, WAIVER, AND INSURANCE. A, Indemnification. At•tist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials fi'om arty and all losses, claltns, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. ACCEPTANCH ACREEMEN'I• INITIAL POINT GALLERY DfSPLAY ~ PAOE a B, Waiver, Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to parsons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such Loss or damage may be ath•ibutable to lmown or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees, C. Insurance Artist's responsibility, City shall not provide insurance to cover loss, theft, or datnage of artwork displayed in Initial Point Gallety or to cover any activity undertaken by Artist in the furthetance of Artists' rights or obligations described herein, Insurance of the at•twork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as maybe required in order to protect Artist's insrtrable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in initial Point Gallety, Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallety. VII. TERMINATION. A. Termination for cause. If City determines that At•tist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/Gr stipulations of this Agreement, falsified any record or dooument required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other acC of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Parry shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination, The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default, If the default is not cured within such period, this Agreement shall be tetrninated upon mailing of written notice of such Germination by the terminating party. B. Termination tvithout cause, City may immediately terminate this Agreement for any reason at any time without prior notice to Artist, C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity ofArtist, D, Non-waiver, A waiver of any breach or default of any provision of this Agreement shall not be consU•ued as a waiver of a breach of the same or• any other provision hereof, ACCBPTANCa AGRE9MP.N•I• TNI•I•fAI. POM•f GALLBRY DISPLAY PAGE ~} VIH. GENERALPROVISION$. A, Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Attist and any official, agent, or employee of City. Both parties aclmowledge that Artist is not an employee of City. At~ist shall retain the xight to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the Course of this Agreement, Artist shall comply with any and all applicable fedetal, state, and local laws. C, Non-Discrnnination, In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability, D, Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreemont supersedes anyand all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The tetTns of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto, E. Agreement governed by Idaho law. The laws of the State of Idalto shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F, Cumulative rights and comedies. All rights and comedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any comedy provided for herein or allowed bylaw shall not be to the exclusion of any other temedy, G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, ot• unenforceable, the remainder of this Agreement shall not be affected, H. Successors and assigns. Artist shall not subcontract or assign any of Attist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not requite Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each patty and their successors, assigns, legal representatives, heirs, executors, and administtatol•s. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows; ACCEPTANCH AORHHML~NT 1NITIAI. POINT QALLHRY DISPLAY PAOH 5 Artist: William Gardoski 1620 E. 2 '/z Street Meridian, Idaho 83642 (208) 887-3768 wski45@msn.com Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho 83642 (208)887-6473 dwight5332@q.com C Emily Kane, Deputy City Attorney City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 898-5506 ekane@meridiancity.org Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Courlcl approval. _ _ -.. . ° IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~~ day of _~ `/ , 2012. ARTIST: William Gardoski CITY OF MERIDIAN: Bvaal iloal~lA,~.,~, Ctt*++~ 3~D .~ n ..cnrue Attest: Jaycee Holb~i n, City Clerk IOANO SERI, ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 Exhibit A Meridian ~ Commission Call for Artists: 2012 INI~"IAL POINT GALLERY SERIES OVERVIEW: Tho Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or Yhree•dimensional artwork as part of the 2012 Initial Point Gallery Series, a series of one•month exhibitions in Inftial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours, Initial Point Gallery provides 720 feet of total wall space for hanging two- dimensionalartwork, and four enclosed display cases for three•dimenslonal artwork. MAC requests that artists voluntarily donate to MAC 2090 of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in Initial Point Gallery must be comprised ofprofessional-quality, ready-to-hang, original art; artwork on paper musC be under glass or acrylic. Selectees must fill all or half of the gallery, Three• dimensional works may be of any medium, but must fit within the four supplied display cases, No artwork will be displayed which: cannot be safely hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated far its compliance with these general requirements. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees may reapply biennially, PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2012 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application ti; Acknowledgements form; y Biography of the artist or Informational statement regarding organization; Letter of intent; • Five {5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different artisC's work); and $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http://www,meridiancity.org or upon request, Limited assistance producing digital images maybe available upon request. Materials submitted cannot be returned. DEADLINE: All proposals must be received by MAC by 5;00 p.m. on Friday, October 28, 2017, SELECTION PROCESS: The selection of art for the 2012 Initial Point Gallery Series will be made by MAC. MAC will notify Selectees by letter sent U,S, Mail, In evaluating eligible proposals, the following factors will be considered; • Quality of Work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION; The City of Moridian will provide selected artists/organizations with the following resources: • Volunteers to assist artist/organization with installing and removing each piece of artwork; • Track system for hanging 2D art, using wires that are attached to hooks; • Four enclosed pedestals for 3D art, each approximately 241nches square; .Space for artist information and/or an information board; and • Publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail; By a-mail; Meridian Arts Commission Attn: 2012 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 mac@meridiancity, org Exhibit B MI?ridiGin Commission Al~p(icatiion ~ ,4c1<novtrledgrrients; 20'i 2 INITMAL POIN1°_GALLERY SERIES ARTIST/oRGANIZCR CONTACT IfVFOitMATION: Check one: f ~ I am submitting this form as ~gn individual artist. ^ I am submitting this form on behalf of an organization. Artist/Drg. Narne: Organizer name: Email addressi Melling Address: Physical Address.: phone numbers; gpPI,ICATION OyERVIEyV; Check all that apply: 1sP I/wn propose to fill one half of initial point Gallery with two~dimensional artwork. ^ 1/we propose to flit the entire Initial Poink Gallery with two-ilfinensional i;rtwarlc, ^ I/we propose to fill these display Cases with 3D artwork! p ?4"Wx2q"px4z"H p 7,.4"Wx24"Dx3.6"H ^ 24"Wx2A"Dx31)"H Q 24"Wx24"Dx24."H Number of 2D pieces! /3 Average size of 2D pieces; of v u '~ Number of 3D pieces; Average size of 3D pieces: APPLICATION MATERIALS; f~ Completed, signed Application & Aclcnowled~ements Form 8lography of artist orinformatianal statement regarding organization, no longerthan one 8%z x 11" Pegg; ~, A letter of intent, describing: a. Artist/Organization's vlsipn for and/Rr theme of the proposed display; b, Number, dimensions, prices, and medium or media utilized in the Works to be displayed;, c. Any publicity that the Artistl0rganLZgtlan plans to undertake if selected; and/or d. Any atypical Issues or cha'I(enges regarding hanging or display of the works proposed for display. ~( Up fie five dlgttallmages of work representational of the art•Ist's/organization's work on a CD, resolution of 30p dpi at is hifnifium size of 5X7", ip :jpg format Pease name each Image file with artist's last name ar organization Harps and the title of the warlc (e.g.: name.tltle, jpg). Materials submitted will not be returned. Damaged qr non- compliant CDs and/or images will not be considered. Images Will noC 6e accepted via a-mall. ~, $35 gallery maintenance fee, check made payable to the Meridian Arts Commission, This fee 1s nonrefundable. DISPLAY INFORMATION: Initial Point Galleryis equipped with P track system for hangitl6 tWo•dimensional artwork. Artwork displayed in the galle'ry' will pe Ituhg .from cables using hooks, and therefore must be equipped Wlkh one D ring nn the.baclc of the frame, ortwo D rings an the side rails on the back of the frame, as illustrated below. The D-rings should be appraxlmately a quarter of the dlstahco bf the total frame height from'tha top of the frafia in order to avoid slanting away from the wall. W(res, eyehn6lts, and clip frames may not be used fa• hanging, and are not allowed. Initial Point Gallery also provides four display cases, each with different dimensions, for displaying three-dimensidna[ artwork, ~r / _ I l - - /// ~ , ir. ~, ,~ I, . ' . J ,5._~.. Y i ACKNDWLBDGMPNTS; I, • L~'//icu., ~a r~~'/o.{le~` , hereby acicnowledg2 the following stipulations and agree that Yf this proposal is selected for display at initial Paint Gallery, .such display shall'occu'r subject tb these general forms and conditldns, as Well as subjoct to other specific terms and condikions that shall beset forth in a separate, written Acceptapce Agreement between myself and the City of Meridian. I spocifically aGlcnowledge that: A. 62fore my work Will pe displayed in Initial. Pnint Gallery, I will be required to enter into qn Accoptance T'^`' Agreement With the City of Meridian establishing the specific terms and condiffnnsof the display of the particular Works displayed. "~~ B. If my work is selected far display in Initial Point Gallery, the Cit afMeridian and its agents .will exercise professional taro in handling and securing all artworit displayed in Initial Point Gallery, but cannot and will 'not assume liability for any lass or damage. l~~J C. Any insutronro.of the artwgric displayed in Initial Pklnt Gallery shall be the solo respopsibility of the "~ artist. The City 6f Meridian shall not pYoPlde insurance to cover loss, theft, or damage of artwork displayad,iq liiittal Point Gallery. D. While artwork displayed in Initial Point Gallery may be passively offered for sale byy means of'an informational fable, board, or handout as provided or allowed by the City of Meridian,'no piece displayed fn Inifial point Gallery may have a visible price tag. / E, While it is intended that each exhibiC'in initial Point Gallery will be displ~yep fdf a ur:e- to two-rhonth "' period, tMs period may be shortened by the Cfty of Meridian far any reason, without notice l'u the artist or organization, F. Tlie City may display flr~ work of more than oqe artist or organization in Initial Point Gallery at any T ^` tihiv, ~t the City's sole discretlori. G. Artwork submitted far display in Initial Point Gallery must be original works Conceived and created ~r ` by the artist (or by artist members of the organization) subirrikting this applieatian, li. Meridian City Hall is primarily a place pf public business and Initial Point Gallery is a public place. The ,r ° Gity seeks to encourage arUstlc expressl0n and public dialogue, but must simultaneously ensure that Cityy Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feol We1cbMe and comfortable, To this end; only artists and artWOrkmeeting the eBglbility standards described in the Call fqr Artists and following the forms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms.and caniiitfens. , Signature; .~~ti l"" Print name; 1,~~!l~~r, Gaset'wsG{t_, Doke: fD -,7.(e'°!/ To propose an exhibition in Initial Point Gallery, ploaso sub(itit this #orm, completed in full, with the roquirod materials and fpo, via U.S. mail, to: Meridian.Arts Commission Attn: initial Point Gallery 33 East Broadw4y Aviar,ua Meridtan I.D B3642 Thank you Par your interest) TI-l)3 ART OF WTLLJAM "HILT." CtARIaOSICT T AM ARIiALIST ARTIST I livo with my wife of 34 years in Meridian and worlr iiom my home studio. I have thtree Son's, two cats and ttu'ee dogs. I was horn in 19x5 and am an Idaho Native, working as al3ody Repahman/Painter,Lnng haul TruckAriver, Policeman, mad served six years in the US Aargy. My goat is to document historical events, nostalgia, and showcase the wonderfiil things manhas made. Buildings, Landmarks, Ships, Planar, Automobiles and Trains. I have no formal art: tiaimlttg whatever, I am completely self taught, work exclusively with oil on canvas, and strive to make my worlr as realistic as possible. Using only 12 colors, and with the exception oftbe very large areas ofmy work, almost all of the painting is finished with vary small brushes, ranging from 0 to 000 in size. Regardless of the size oFmy paintings, they all involve between 90 to 150 hours to complete, and as I work wet on d<y, I atn usually woilcing on at least 20 at a time, rotating worlr as they are drying. T have won many competitions, havo work innational catalogs, have Bono international commmissions, sold railroad art prints world wide, and my F-4 Phantom Painting was jtuied to hang for a year in the Naval Aviation Museum in 2002. The Western Idaho Fair purchasod a painting in 2000, The Meridian Libraxy Commissioned a Raihoad painting in 2004, it hangs in the lobby. Tn 2010, the City Of Meridianpw•chased mypainting ofthe Meiiclian Creamery to hang iaa CityHali. I am a juriedmember of the "American Sooiety ofAviationAttists". Ihave sold many original works, both nationally, internationally and locally, a large number of which weto commissions. I thrive on detail and accuracy in any work, and the greatest compliment is "that looks like a photo". Please enjoyviewing my effort. William Gardoski 208887-37G8 Home 208-a50-9777 Ask about a Commission ws1ci45(3a msn.oom .Artist Statement My paintings reflect my interest in, and desire to document, the wonderf<~l machines made by man, and nostalgic and historic accomplishments by individuals using some of theso machines. They may be machines of war; and tho horoic doeds man accompIlshed while using t11em. They maybe old trains with xoad names Iong gone, that can transport: ono back to a more relaxed and peaceful past memory lost till now Beautiful ships that relax you. and bring the senses to faraway planes, beautiful seascapes and sky's. Working ships, transporting freight or oil .from foreign shores. Vehicles, classic cars that take us back to the special drive in movie, semi trucks that bring our food, clothes and fur~rittuo to make our lives more comfortable. T txuly enjoy magnificent sky's and clouds, expansive and colorful, with the aver changing sea. I relish the demands of the technical detail that is needed to portray these xnaahines accurately in two dimensions, and the time and patience to do them, l strive for photo realism. Some say, why paint? why not just got a photo? You cannot get photos of many ofthese machines, nor rho surroundings I placo them in, most subjects I paint are long gone, many places do not even axist anymore, except in memory. These arc same of the reasons I do the kind of art I do. William Gardoski ARTWORK D~SCRIPTLON I EXPECT TO HANG 14-15 PAINTINGS RANGING IN SIZE FROM 18 7C 24, 18 7~ 36, 24 X 30, AND MAXBE ONE 24 X 48 ]N'CH, TFIESB ARE UNF.IZAMED SIZES ALL OF 1b1'Y WORK IS OIL ON CANVAS. PRICES ARS llEPENDBNT ON TIIE PAINTING, BUT RANGE FROM $500.00 TO $2500.00 DOLLARS CERTAIN ONES ARE NOT FOR SALE A k'EW ARE STILL WORDS IN PROGRESS, FINISA DA'Z'ES FOIL ALL Wild, BE JAN. 2012 Meridian City Council Meeting -DATE: January 17, 2012 ITEM NUMBER: 5E PROJECT NUMBER: ITEM TITLE: Acceptance Agreement: Display of Artwork of Dean Estes in Initial Point Gallery from August 3 to August 31, 2012 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 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the ~ day of ~~, 2012 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized and r the laws of the State of Idaho ("City', and Dean Estes, an individual person whose address is 8967 Springhurst Drive, Boise, Idaho ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, has invited Artist to display his arnvork in initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E, Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and inconsideration of the mutual promises and covenants herein contained, the Parties agree as follows; I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on August 3, 2012, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator. Artist shall be responsible far installing such artwork on August 3, 2012 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from August 3, 2012 to August 31, 2012, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on August 3l, 2012, at 9:00 a.m., or at such time and data as is mutually agreed upon by the Artist and the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork withintwenty- four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 1 III.TIrvIE OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein, Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement, I'V. INSTALLATION. A. Coordination with Cgrator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallety or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. B. Inspectlan of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallety to ensure compliance with all criteria set froth in the Call to Artists attached hereto as Ekhibit A, as wall as to ensure that such artwork maybe safely and appropriately displayed in Initial Point Gallely. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Bxht6ltA or cannot be safely and/or appropriately displayed in Initial Point Gallety, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery, Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallety where such removal serves the best interest of the City, V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallety shall bc, and is, original work conceived and oreated by Artist, B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallety, as Clty may desire for purposes of advertising, marketing, and public information, Where practicable and to the extant of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork, C. Use of Artist's Warne. Artist hereby conveys to City petxnission to use Artist's name for purposes of advertising, marketing, and public infbrmation, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist, D. [Ise of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Bxeeutive Assistant. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist, ACCF.P"I'ANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary duo to the Salo of a piece or for any other reason, 6. Simnltaneons display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallory Curator, VI, INDI MNICICATIONr WAIVER, AND INSURANCE, A. Indemnification, Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials &'om any and all losses, claims, and judgments for damages or injury to persons or property, and fi•om any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees, B. Waivor, Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contrlbuticn for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage maybe attributable to lmown or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover ]ass, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity midertaken by Artist in the furtherance of Artists' rights or• obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist, Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described witlrin this Agreement, including, but not limited to, liability insurance, airtornoblle Insurance, worker's compensation insurance, and/or• insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, andlor stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting parry shall have twenty-four (24) hours after receipt of such notice to cure the default, If the default is not cured within such period, this Agreement sha]I be terminated upon mailing of written notice of such termination by the terminating party. B. Termhration without cause, City may immediately terminate this Agreement for any reason at any time without prior notice to Artist, ACCtsP'I'ANCa AGReeMaNT INITIAL POINT GALLI3RY DISPLAY PAGE 3 C. Termination upon death or incapacity of Artist, This Agreement shall automatically terminate upon the death or incapacity of Artist. I). Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a broach of the same or any other provision hereof. VIII, GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or batweon Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shad retain the right to perform services For others during the term of this Agreement. B, Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shat] not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability, D, hntire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either parry, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. )C. Agreement governed by Idaho law.1'helaws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for heroin or allowed bylaw shall not be to Che exclusion of any othet• remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreomont shall not be affected. A. Successors and assigns, Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise, Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by Cho Parties hereto, unless otherwise stated in this Agreoment, shall be in writing and shall be deemed convnunicated upon mailing by United States Mail, addressed as follows: ACCL~PTANCC AORHP.MBNT TNPf1AL POINT GALLERY DISPLAY PAGL~ 4 Artist: Dean Estes 8967 Springhurst Drive Boise, ID 83704 deanestes@me.com Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho 83642 (208)887-6473 dwight5332@q.com C Emily Kane, Deputy City Attorney City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 (208)898-5506 ekane@meridiancity.org Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this. Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ll day of 2012. BY: YJ ~ ~~°~)l~ B,~t +.lro,~l,,,,,r.., a,c*;,~ rnowbec Attest: ~ ~~ -~~ - -~ Jaycee Ho an, City Clerk ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY DRpTBD AVpV cs '~', 3`~ ~ sEAI. 00=1de 7PF ~5% PAGE 5 CITY OF MERIDIAN: Exhibit A Meridian Call for Artists: 20121NI~'IAL POINT GALLERY SERIES The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three~dimensional artwork as part of the 2072 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial PoinC Gallery is located on the third floor of Meridian City Hall (33 E, Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space for hangingtwo- dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate Co MAC 20%of proceeds from sales of art displayed in Initial Point Gallery, ELIGIBILITY: Two-dimensional works displayed in Initial Point Gallery must be comprised ofprofessional-quality, ready-ta-hang, original art; artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery, Three- dimensionalworks may be of any medium, buC must fit within the four supplied display cases. No artwork will be displayed which: cannoC be safely hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with those general requirements, Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display, Selectees may reapply biennially. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2012 Initial Point Gallery Series must provide the following materials and information to MAC (n order to be considered for selection. • Completed, signed Application f} Acknowledgements form; • Biography of the artist or informational statement regarding organization; • Letter of intent; ^ Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different artist's work); and $35 gallery maintenance fee (nonrefundable), Details and forms are available at the City's website, http://www.meridiancity.org or upon request, Limited assistance producing digital images may be available upon request. Materials submitted cannot be returned, DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 28, 2011. SELECTION PROCESS: The selection of art for the 2012 Initial Point Gallery Series will be made by MAC. MAC will notify selectees by letter sent U.S. Mail. In evaluating eligible proposals, the fallowing factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: • Volunteers to assist artist/organization with installing and removing each piece of artwork; • Track system for hanging 2D arC, using wires that are attached to hooks; • Four enclosed pedestals for 3D art, each approximately 241nches square; Space for artist information and/oY an information board; and Publicity of the exhibit through City contacts, local media, and other informational forums, CONTACT MAC: 8y mail; By a-mail; Meridian Arts Commission Attn: 2012 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 mac®meridiancity.org mmission Meridian City Council Meeting DATE: January 17, 2012 ITEM NUMBER: 5F PROJECT NUMBER: ITEM TITLE: Acceptance Agreement: Display of Artwork of Elizabeth Meyer in Initial Point Gallery from June 1 to June 29, 2012 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 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITTAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the ~ day of -~l'~~1t, 2012 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized t de the laws of the State of Idaho ("City"), and Elizabeth Meyer, an individual person whose address is 63 N. Wedgewood Drive, Nampa, Idaho ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties:') WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, has invited Artist to display his artwork in Initial Point Gallery, an att gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES.' Artist shall personally deliver artwork to Initial Point Gallery, on June 1, 2012, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator. Artist shall be responsible for installing such artwork on June 1, 20] 2 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery fmm June 1, 2012 to June 29, 2012, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on June 29, 2012, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Artist and the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall -not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery fot• sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of arlwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of attwork within twenty- four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. ACCEPTANCE AGREEMENT INITIAL POINT GALLGRY DISPLAY PACE 1 IILTIME OI+PERTORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein, Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or' the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as ExhtbitA, as well as to ensure that such artwork maybe safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibit A or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Flrrtlter, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY, A, Orighlal artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point 4allery shall be, and is, original work conceived and created by Artist. B, Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of adverkising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the ottiginal subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name For proposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist, D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights ofprivacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. )a. Removal of artrvorlc by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal maybe temporary or permanent in nature. Whoro such artwork is or is intended to he removed from public display for longer than forty-eight (48) hotus, Ciry shall notify Artist in the manner set forth herein, Whilo it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist, ACCHP'I•ANCa AGREEMENT INITIAL POINT QALLHRY DISPLAY PAGE 2 r, Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason, G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. Tho manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. 'VI. INDEMNIFICATION. WAIVER, AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injluy to persons or properly, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B, Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising fiom, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to larown or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C• Insw•ance Artist's responsibility. City shall not provide insurance to cover loss, theft, ondamage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations desa•ibed herein. Insurance ofthe artwork; of the Artist's person, property, or interests; and/or of the Artist's employees ar agents shall be the solo responsibility of Artist, Artist shall obtain all necessary insurance as may be reyuired in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. ,VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any terra or condition of this Agreement, violated any of the covenants, agt•eements, and/or stipulations of this Agreement, falsified any record or document reyuired to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after, receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating pasty. B. Termiuation without cause, City may immediately terminate this Agreement for any reason at any lima without prior notice to Artist. ACCDPTANCa AGReaMaNT INITIAL POINT GALLERY DISPLAY PAGD 3 C. Termination upon death or incapacity of AI•tist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be conshued as a waiver of a breach of the same or any other provision hereof, VIII, GCNCItA4PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint ventw~er, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any off cial, agent, or employee of City, Both parties acknowledge that Artist is not an employee of City Artist shall retain the right to perform services for others during the term of this Agroomont, B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and al] applicable federal, state, and local laws, C. Non-Discrimination, In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execation hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto, E. Agreoment governed by Idaho law, The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement, Venue shall be in the covets of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by lave, Likewise, the exercise of arty remedy provided for herein or allowed bylaw shall not be to the exclusion of any other remedy, G. Severability, If any provision of this Agreoment is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H, Successors and assigns, Artist shall not subcontract or assigu arty of Artist's obligations under, this Agreement that require or that may require Artist's artistic talent or expertise. Altist may subcontractor assign obligations that do not requite Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and theh• successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Patties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by Unitod States Mail, addressed as follows: ACCIIPTANC6 AalreaMaNT INITIAL POINT QALLGRY DISPLAY PAGII 4 Artist: Elizabeth Meyer 63 N. Wedgewood Dr. Nampa 83651 ejadventures@msn.com Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho 83642 (208)887-6473 dwight5332@q.com C Emily Kane, Deputy City Attorney City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 898-5506 ekane@meridiancity.org Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this I-1 day of J~„~_, 2012. ARTIST: E izl a th Meyer CITY OF MERIDIAN: BY: yJ a~ ~~~ ~~ Attest: ~`r~ - Jaycee Ho an, City Clerk ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE $ Exhibit A Meridipn ~ commission Call for Artists: 2012 IN11`IAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2012 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery, Initial Paint Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and Is open to the public during City working hours, Initial Point Gallery provides 120 feet of total wall space for hanging two- dimensionalartwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY; Two-dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art; artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery, Three- dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which; cannot be safely hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements, Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees may reapply biennially. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2012 Initial Paint Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application & Acknowledgements form; • Biography of the artist or informational statement regarding organization; • Letter ofintent; • Five (5) digital images representational ofthe works proposed for display, on a CD (for organizations, each image must be of a different artist's work); and • $35 gallery maintenance fee (nonrefundable). • Details and forms are available at the City's website, http;//wvrw.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request, Materials submitted cannot be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October Z8, 2011. SELECTION PROCESS: The selection of art for the 2012 Initial Point Gallery Series will be made by MAC. MAC will notify Selectees by letter sent U.S, Mail. In evaluating eligible proposals, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning governmenC workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall, RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources; • Volunteers to assist artist/organization with installing and removing each piece of artwork; • Track system for hanging 2D art, using wires that are attached to hooks; • Four enclosed pedestals for 3D art, each approximately 2q inches square; • Space for artist information and/or an information board; and • Publicity of the exhibit through City contacts, local media, and other informational forums, CONTACT MAC; By mail: By email: Meridian Arts Commission Attn: 2012 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 mac@merldiancity.org Meridian City Council Meeting DATE: January 17, 2012 ITEM NUMBER: 6 PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 17, 2012 PROJECT NUMBER: ITEM TITLE: Community Development Block Grant (CDBG) Sub-Recipient Agreement between Joint School District #2 and the City of Meridian MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ITEM NUMBER: 5UBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND MERIDIAN JOINT SCHOOL DISTRICT N0.2 FOR PY 2011 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Agreement is entered into this 17th day of January, 2012 by and between the City of Meridian, a municlpal corporation organized under the laws of the state of Idaho ("City") and Meridian Joint School District No. 2, a school district organized under the laws of the state of Idaho ("Subrecipient"). WHEREAS, City is an entitlement community, and as such has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i.e. Community Development Block Grant ("CDBG") funds; and WHEREAS, Subrecipient is committed to preparing today's students for tomorrow's challenges through education, including physical education and athletic activities related to the educational program, which complements the objectives of the CDBG program; and WHERF,AS, City and Subrecipient wish to enter into a cooperative agreement for the investment of CDBG funds from Program Year 2011 (PYl1); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SCOPE OF SERVICE A. Activities. Subrecipient shall use City's PYl l CDBG funds in the amount of seventy- fivethousand dollars ($75,000) to purchase playground equipment for an all-abilities playground to be located at Meridian Elementary School, a public school. Specifically, Subrecipient shall undertake the following activities: 1. Utilize an open competitive bid process which satisfies State Statue 67-2806 for the selection of a playground equipment vendor and installer. 2. Consult with the City CDBG Administrator and the City Purchasing Manager prior to advertisement of the bid documents and prior to signing the vendor contract for the playgrowrd equipment and installation to ensure inclusion of proper language related to the Davis Bacon Act requirements and Section 3 of the Housing and Urban Development Act of 1968. 3. htform selected vendor of Davis Bacon Act wage requirements and reporting for the installation of the playground equipment. 4. Ensure selected vendor submits all required Davis Bacon wage documentation, including weekly payroll reports, for the installation of the playground equipment to JSD2 or to City of Meridian. 5. Purchase and install playground equipment at Meridian Elementary School. Submit draw down request to the City for reimbursement of said purchase up to $75,000. PYII SUBRECIPIENT AGREEMENT-MJSD2 PAGEI OF I7 B. National Objective. Subrecipient certifies that the activities carried out City's PY11 CDBG fiords provided by City under this Agreement will meet one or more of the CDBG program's National Objectives as defined in 24 CFR § 570.208. Specifically, Subrecipient's activities under this agreement shall benefit a low to moderate income area (24 CFR § 570.208(a)(1)). C. Levels of accomplishment. 1. Goals. Subrecipient shall undet'take activities pursuant to this Agreement to complete one (l) Unit. For the purposes of this Agreement, "Unit of Service" shall be defined as one completed public Facility. 2. Performance measures. This project will purchase altd install new playground equipment for an all-abilities playground to be located at Meridian Elementary School, 1035 NW lsl Street, Meridian, Idaho 83642. I). Stat'fing not funded. Subrecipient agrees that no CDBG funds will be utilized for staffing. C. Performance monitoring. City will monitor the performance of Subrecipient against goals and performance measures as set forth herein. Performance monitoring shall ,include City's review of Subrecipients' submitted documents for accuracy tmd completion, as well as an on-site visit from City's CDBG Administrator to review the completeness and accuracy of records maintained. Substandard performance as determined by City shall constitute noncompliance with this Agreement. If action to cotrect such substandard performance is not taken by Subrecipient within fourteen days (14) after being notified by City, Agreement suspension or termination procedures will be initiated. F. Time of performance. Services of Subrecipient shall start no eazlier than January 17, 2012 and end on September 30, 2012. The teen of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. G. Progress Reports. Subrecipient shall submit a regular Progress Repott, in the form and content as required by City, with every draw request. If Progress Reports are delinquent, draw requests will not be processed until the delinquency is cured. Progress Reports must contain information on outcome-based measurements as outlined in this Agreement. II. A. Uniform administrative requiremeuts. Subrecipient shall complywith applicable uniform administrative requirements, as described in 24 CFR § 570.506. PYI I SUBRECIPIEN'I' A(1HEEfvIIiN'I' - tv115p2 I' \~ iI: L 1)I~ I I B. Financial Management. 1. Budget. Subrecipient agrees that it shall use City's PYl l CDBG fiends in the amount of seventy-five thousand dollars ($75,000) to purchase playground equipment to be installed at Meridian Elementary School, Meridian, Idaho. City may require a detailed budget breakdown, and Subrecipient shall provide such information in a timely fashion, and in the form and content prescribed by City. 2. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. 3. Accounting Standards. Subrecipient agrees to comply with 24 CFR §§ 84.21 through 84.2$, and further agrees to: adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 4. Cost Prlnciples. Subrecipient shall administer its program in conformance with OMB Circular A-122, "Cost Principles for Non-Profit Organizations." These principles shall be applied for all costs incurred, whether charged on a direct or hrdirect basis. 5. Certification of financial management system. Payments shall be contingent upon HUD's certification of Subrecipient's financial management system in accordance with 24 CFR § 84.21. 6. Subrecipient Orientation Worltshop. Subrecipient agrees to meet with City's CDBG Program Administrator prior to submitting the first draw request to City, City will not process draw requests unless and until Subrecipient attends this meeting. 7. Client Data. Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available for review upon City's request. 8. Disclosures. Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 9. Property Records. Subrecipient shall maintain real property inventory records that clearly identify properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria. PYIISUERECIPIENTAGREEMENT-MJSD2 PAGE30F17 10. Closeout. Subrecipient's obligation to Cily shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but shall not be limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during :my period that Subrecipient has control over CDBC funds, including program income. 11. Audits and inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excetpts or transcripts of all relevant (lata for purposes of investigation to ascertain compliance with the rules, regulations an(I provisions stated herein. Any deficiencies noted in audit reports must be fully repaired by Subrecipient within thirty (30) days after receipt of such report by Subrecipiett. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of Future payments. Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current City policy conceming audits and as applicable, OMB Circular A-133. Sub-recipient shall comply with OMB Circular A-133, Subpart B, Section 200(x) which requires that all non-Federal entities that expend $500,000 or more in a year have a single orprogram-specific audit conducted in accordance with A-133. Sub- recipient shall be willing to allow inquires from the City about the sub-recipient's fina(tcial statements and single audit reports. If subrecipient is subject to this requirement, a copy of the audit report shall be provided to the City within 30 days of completion of the audit. C. Payment Procedures. 1. Program Income. The activities governed by this agreement are not anticipated to generate program income as Subrecipient shall not charge its members for the service. Any change to the activities described herein that will generate program income shall require an amendment to this agreement. 2. Indirect Costs. Indirect costs are not eligible for CDBG funding. 3. Payment Procedures. City will pay to Subrecipient funds available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. Payments will be made for eligible expenses actually incutTed by Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fund and program income balances available in Subrecipient's accounts. In addition, City reserves the right [o liquidate funds available under this Agreement for costs incurred PYI I SUBRECIPIENT AGREEMENT-MJSD2 PAGE4U1~ 17 by City on behalf of Subrecipient, Q. Draw requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed $75,000. Draw downs for the payment of eligible expenses shall be made against the activity specified, in accordance with performance and as expenses are incurred by Subrecipient. Draw requests shall only be accepted on official City and/or HUD forms and must be completed in full to be processed. All draw requests are to be submitted monthly, no later than twenty-one (21) days after the end of the month for which reimbursement is being submitted. Draw requests shall include the following; copy of the invoice for playground equipment from selected vendor and proof of payment by the Subrecipient to the vendor. 5. Frlnds transfer. Pursuant to 24 CFR § 570.503(b)(7), upon expiration of this Agreement, Subrecipient shall transfer to City any CDBG funds on hand at the time of expiration and tuty accounts receivable attributable to the use of CDB G funds. 6. DUNS number. Subrecipient shall comply with requirements established by the Office of Management and Budget ("OMB") concerning the Dun and Bradstreet Data Universal Numbering System ("DUNS"), the Central Contractor Registration database, and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed. Reg. 55671 (Sept. 14, 2010) (to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010) (to be codified at 2 CFR part 170). D. Procurement. 1. Compliance with policies. Subrecipient shall comply with current Federal and City policies concerning the purchase of equipment artd shall maintain inventory records of all nou-expendable personal property as defined by such policy as may be procured with fitnds provided hereunder. 2. OMB Standards. Subrecipient shall procure all materials in accordance with the requirements of 24 CFR §§ 84.40 to 84.48. 3. Travel. Subrecipient shall obtain written approval from City prior to any travel outside the Boise metropolitan area with funds provided under this Agreement, E, Use and Reversion of Assets. The use and disposition of real property and equipment under the Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR §§ 570,502 tlu~ough 570.504, as applicable, which include, but are not limited to, the following: PYII SUERECIPIENT AGREEMENT-MJSD2 PAGES OP I7 1. Records. Subrecipient shall maintain real property inventory records, which clearly identify properties purchased, improved or sold. 2. National Objectives met for five (5) years. Pursuant to 24 CFR § 570,503(b)(7)(i), real property that is acquired or improved, in whole or in part, with Funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives until five (5) years after expiration of this Agreement. If the use of the CDBG-assisted real property fails to meet a CDBG National Objective for this prescribed period of time, 5ubrecipient shall pay City an amount equal to the current tnarket value of the property, less any portion of the value attributed to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such payment shall constitute progratn income to City. Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the Five- year period. 3. Sale of equipment. In all cases in which equipment acquired in whole or in part with Funds under this Agreement is sold, the proceeds shall be program income, prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment. Equipment purchased with funds received under this Agreement but not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to City for the CDBG program or (b) retained after compensating City an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. F. Records and reports. 1. Records to be maintained. In addition to specific records mentioned in this Agreement, Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including, but not limited to, those required by the Federal regulations specified in 24 CFR § 570.506, and: a. Full descriptions and records of each activity undertaken; b. Records related to activities meeting the National Objectives; c. Records required to determine the eligibility of activities for CDBG funding; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program; f, Financial records, as required by 24 CFR §§ 84.21 through 84.28 and 570.502; g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K, except that Subrecipient does not assume City's responsibilities under 24 CFR § 570.604 and part 52. 2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement, defined as the date of the submission of City's final annual performance and evaluation report to HUD. Records for• non- PYII SUBRECU'fENTAOREEMENT-MJSD2 PAGE6OF 17 expendable properly acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. lf, prior to the expiration of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year period, whichever occurs later. iII.1MPLOYMENTRND LABOR CONDITION REQUIREMENTS A. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) attd Section 109 of Title I of the Housing and Cormnunity Development Act of 1974, Section 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, the Executive Order 11246 as amended by Executive Order 11375 and 12086, and 24 CFR 570.601 and 570.602, In regard to tlra sale, lease, or other n•ansfer of land acquired, cleared or improved with assistance provided under this contract, Subrecipient shall cause or require a covenant ntnning with the land to be inserted in the deed or ]ease for such transfer,. prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in auy improvements erected or to be erected thereon, providing that City and the United States are beneficiaries of and entitled to enforce such covenants. Subrecipient, in under•caking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. B. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. Subrecipient will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forYns of compensation, and selection for training, including apprenticeship. C. ADA section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 706) which prohibits discrimination against the handicapped in any Federally-assisted program. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the tet7n of this Agreement. PYII SUaRHCIPIENT AGREEMENT-MJSD2 PAGE70P 17 D. AI'lirmudve Action. L. Approved Plan. Subrecipient agrees that it shall be committed to carry out pursuant to City's specifications an Affirmative Action program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. City shall provide Affirmative Action guidelines to Subrecipient to assist in the Formulation of such program. Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 2. Women• and Minority-Owned Businesses. Subrecipient shall use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of ibis contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), acrd "[nnority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. F'or the purpose of this definition, "minority group members" are Afro- Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. ). Notifications. 1. Notice to workers. Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the`ag8ncy contracting officer, advising the labor union or workers' representative of Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees a[td applicants for employment. 2. Solicitations for employmett. Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. P. Prohibited Activity. Subrecipient is prohibited from using funds provided herein or personnel employed in the acitninistration of the program for political activities; sectarian, or religious activities; lobbying, political patronage, and nepotism activities. 1. Political activities. Subrecipient agrees that no funds. provided, nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act (Title V, Chapter 15, U.S.C.). 2. Religious activities. Subrecipient agrees that funds provided under this Agreetent will not be utilized for religious activities, to protnote religious interests, or for the PYI I SUBRECIPIENT AGREEh[ENT-M7SD2 PAGE80F 17 benefit of a religious organization in accordance with the Federal regulations specified in 24 CFR § 570.200Q), G. Labor standards. Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended; the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti-Kickback" Act (40 U.S.C. §§ 276a, 276c, and 327); and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the perfortnattce of this Agreement. Subrecipient shall maintain documentation which demonstrates compliance with the hour and wage requirements of this part. Such documentation shall be made available to City for review upon request. Subrecipient further agrees that all Contractors engaged under contracts in excess of $2,000.00 for cottstmetion, renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with Federal requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor, trader 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient of its obligation, if any, to require payment of the higher wage. $. Section 3 of the Housing and Urban Development Act of 3968, 1. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701) ("Section 3"), the regulations set forth in 24 CFR Pats 135, and all applicable rules and orders issued thereunder prior to the execufion of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding upon City, Subrecipient a,td any of Subrecipient's subrecipients and/or subcontractors. Failure to fulfill these requirements shall subject Ci[y, Subrecipient and any of Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 2. Subcontract language, Subrecipient further agrees to include the following language in all subcontracts executed under this Agreement: "1'he work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701), Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and very low income residents of the project area and Agreements for work in connection with the project be awarded to business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan area in which the project is located." PYILSUERECll'IENTACREEMENT-M7SD2 PAGE90F17 3. Employment of low- attd very-low-income persons. Subrecipient further agrees to ensure that opportunities For troining and employment arising in connections with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public constrttction projects are given to low and very-low income person residing within the metropolitan area in which the CDBG-funded project is locnted; where feasible, priority should be given to low and very low income persons within the service area of the project or the neighborhood in which the project is located, and to low and very low income participants in other HUD programs; and award contracts for work undertakentn connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to business concerns that provide economic opportunities for low and very low income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns which provide economic opportunities to low and very low income residents within the service area of the neighborhood in which the project is located, and to low and very low income participants in other HUD programs. Subrecipient certiY7es and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 4. Notifications. Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 5. Subcontracts. Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcol)tractor is in violation of regulations issued by the grantor agency. Subrecipient will not subcontract with any entity where it has notice or knowledge [hat the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. I. Conflicts of Interest. Subrecipient agrees to abide by the provisions of 24 CFR §§ 84.42 and 570.611m, which include, but are not limited to, the following: 1. Code of Conduct. Subrecipient shall maintain a written code or standards of conduct that shall govet•n the performance of its officers, employees or agents engaged in the award and administration of Agreements supported by Federal funds. 2. Contract selection. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. PY I I SUaRECIPIENT AGREEMENT- MSSD2 I'AG8 I U OF 17 3. Self-interested contracts artd nepotism. No persons who exercises or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in adecision-making process or gain inside information with tegatd to such activities, may obtain a financial interest in any Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with who they have business or immediate family ties, during their tenure or For a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of City, the Subrecipient, or any designated public agency. J. Lobbying. The following certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C, Subrecipient hereby certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in corutection with the awarding of <vty Federal Agreement, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation;.renewal,.amendment, or modification of any Federal Agreement, great, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing attempting to influence an officer or employee of any agency, a Metnber of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Fortn-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 3. Subrecipient will require that the following language be included in the award documents for all sub-awards at all tiers (including subcontt•acts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly: "This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, Submission of this certification is a prerequisite for making or enterhig into this transaction unposed by 31 U.S.C. § 1352. Any person who fails to file the t•equired certification shall be subject to a civil penalty of not let less that $10,000 and not more than $100,000 for each such failure." IV.ENVIRONMENTAL CONDITIONS A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar es they apply to the performance of this Agreement: PYl I SUORECIPaiNTAGREEMENT-MJSD2 PAGE I I OF 17 1. Clean Air Act, 42 U.S.C. §§ 740 L, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating to inspection, monitoring, entry reports, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. 3. Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R. Part 50. B. Flood Disaster Protection. lu accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead-Based Paint. Subrecipient agrees that any constmction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations, 24 CFR Part 35, implementing Title X of the Housing and Community Development Act of 1992. These regulations revise the CDBG lead based paint requirements under 24 CFR § 570.608. Such regulations pertain to all CDBG-assisted housin and re uire that all owners, rospective owners, and tenants of properties constructed prior to 1978 be properly noticed that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be t~dcen when dealing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven. The notice must also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending orr the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470) and the procedures set forth in 36 CFR Part 800, Advisor Council on Historic Preservation Procedures for Protection of Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years or older or that are included on a Federal, state or local historic property list. V. GEN);RAL CONDI'I'ION5 A. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: PYIISUBRECIPIENTAGREEhTEN'C-M15D2 PAGE120P17 City of Meridian Attn: Lori Den Hartog CDBG Progrant Administrator 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian Joint School District No. 2 Attn: Joe Yochum South Region Director 1303 E. Central Drive Meridian, Idaho 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided, B. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG funds, including, but not limited to, 24 CFR Part 570 and subpart K of such regulations. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this Agreement, except that: (1) Subrecipient does not assutne the recipient's environmental responsibilities described in 24 CFR 570.604, and (2) Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. C. Copyright. Contracts of agreements for the performance of experimental developmental or research work shall provide for the rights of the Federal Govetiunent and the recipient in any resulting invention in accordance with 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants Contracts and Cooperative Agreements." b. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any maruter, as creating or establishing the relationship of employer/employee between the parties. Subrecipient shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to Suhrecipient and/or to its agents. G, Indemnity. Subrecipient, acrd each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in Subrecipient's progranuning, shall hold harmless, defend and indemnify City from and for al] such losses, claims, actions, and/or judgments for damages or injury to persons or property and/or losses and expenses caused or incurred by Subrecipient and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and patticipauts in its programming, and otter costs, inclttdittg litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Subrecipient and/or Subrecipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests, invitees, participants, and/or volunteers and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property. PYII SUERECIPIENTAGREEM ENT-M7SD2 PAGE 130F17 F. Workers' Compensation. Subrecipient shall provide Workers' Compensation Ltsurance coverage for all employees involved in the performance of this Agreement. G. Insurance and bonding. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets frorn loss due to theft, fraud and/or undrte physical damage. Further, Subrecipient shall comply with the bonding and insurance requirements of 24 CFR §§ 84.31 and 84,48. H. Grantor Recognition. Subrecipient shall publically recognize the role of City in providing services under this Agreement. [n addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. I. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each puty, and approved by City's governing body. Such amendments shall not invalidate this Agreetent, nor relieve or release either party from its obligations under this Agreement, City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreemenl, such modifications will be incorporated only by written amendment signed by both parties. J. Termination. 1. Notice of termination. Either party may terminate this Agreement by, at least 30 days before the effective date of such termination, giving written notice to the other party of such termination and specifying the effective date thereof. 2. Partial termination. Partial terminations of the Scope of Service as set forth herein muy only be undertaken with the prior approval of City. 3. Work completed. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports of other materials prepared by Subrecipient under this Agreement shall, at the option of City, become the property of City, and Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on suclr documents or materials prior to the termination. 4. Termination For convenience. In accordance with 24 CFR § 85.44, suspension or termination of the Agreement, in whole or in part, may occur for convenience. 5. Termination for muterial noncompliance. In accordance with 24 CFR § 85.43, suspension or termination of the Agreement, in whole or in part, may occur if Subrecipient materially fails to comply with any term of this Agreement, which shall PYI I SUBRECIPIRM'AGRGEMENT-M.fSD2 PAGE 140E 17 include, but shall not be limited to, the following: a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; b, Failure by Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of funds provided under this Agreement; or d. Submission by the Subrecipient to City reports that are incorrect or incomplete in any material respect. 6. Penalty for material noncompliartcc. hi addition to suspension or termination of this Agreement and/or any other remedies as provided bylaw, upon a finding of material noncompliance, City may declare Subrecipient ineligible for any further participation in City CDSG programming. In the event there is probable cause to believe Subrecipient is in noncompliance with any applicable rules or regulations, City may withhold up to fifteen (IS) percent of said Agreement funds until such time as Subrecipient is found to be in compliance by City, or is otherwise adjudicated to be in compliance. K. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior written consent of City; provided, however, that claims for money due or to become due to Subrecipient from City under this Agreement maybe assigned to a bank, trust company, or other financial institution without such approval. Notice of any assignment or transfer shall be filrnished promptly to City. L. Subcontractors. 1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of City. Al] subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or federal laws. 2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by City, HUD or its agent, or ottrex authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their entirety to be included in and made a part of any subcontract executed in the perfomrance of this Agreement. Specifically, without limitation, Subrecipient shall include the provisions of this Agreement regarding Civil Rights and Affirmative PYl l SUBRECIPI6NTAGREEMENT-MJSD2 PAGE 15 OF l7 Action in every subcontract or purchase order, specifically or by reference, to ensure that such provisions will be binding upon all subcontractors. 4. Docnmentation. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. NI. Relocation, real property acquisition, and one-for-one housing replacement. Subrecipient agrees specifically, without ]imitation, to comply with: 1. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(6); 2. The requirements of 24 CFR 570.606(e) governing the Residential Anti-displacement and Relocation Assistance Plan under section L04(d) of the HCD Act; and' 3. The requirements in 24 CFR 570.606(d) governing optional relocation policies. Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(6)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. N. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. O. Severability. [f any provision of this Agreement_is held invalid, the reminder. of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. P. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. Q. Non-waiver. Failure of either party to promptly enforce the strict performance of any team of this Agreetent shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and arty tight or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. R. Approval required. This Agreetent shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient. PYIISUERECa'IENTAGAEEMENT-MJSD2 PACE 160E 17 IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: STATE OF IDAHO ) Meri ' Joint School District No. 2 ) ss: County of ~ 0. ) I HEREBY CERTIFY that on this ~ ~~ day of JuJtiu~x.vc~ By: Dr. Linda Clark personally District Superintendent ~,.••' 1p A. p ''•.. O ., ~a~ sj~oTaey 9~ * ~~~ j°bBL~~' j: O •.,~JT9 ~,•DF IOP~,~~,. CITY: City of Meridian before the undersigned, a Notary Public in the Stale of Idaho, appeared ~-1VldA C~QN~2 ,proven to me to be the person who executed the said instrument, and acknowledged to me that such person executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and yeaz in this certificate fust~ve written. ,trlXCA ~ . Gc'iti' Notary Publi or Idaho p ~ , Residing at _, p,re ~~ a 4_, My Commission Ex fires: 3-a~-is Attest: 'vim" p4p48DgpG.fi By: Tatmxgd o~ ~ cee man, City Clerk 3w~L'hloo~y~l-,..' Outh.~ atyoF '~, ~iQ~E IDIAN ~o.~o ~, SEAL tiT`p 0~u, reeeb~`~,'y PYI l SUBRECB'IENTAGREEMENT-MJSD2 PAGE 170E 17 Meridian City Council Meeting DATE: January 17, 2012 ITEM NUMBER: 7q PROJECT NUMBER: FP 11-013 ITEM TITLE: Oakcreek No. 2 FP 1 1-013 Oakcreek No. 2 by Norpac, LLC Located at Northwest Corner of N. Black Cat Road and W. McMillan Road Request: Final Plat Approval Consisting of 41 Residential Building Lots and Six (6) Common Lots on 9.58 Acres in an R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 17, 2012 ITEM NUMBER: 7g PROJECT NUMBER: AZ 1 1- ITEM TITLE: Ten Mile Annexation Public Hearing Continued from December 20, 201 1: AZ 11-001 Ten Mile Annexation by Janicek Properties, LLC; Fedrizzi Ten Mile, LLC; and SJJV, LLC Located West of S. Ten Mile Road and North of I-84 Request: Annexation and Zoning of 1 16.25 Acres of Land From RUT in Ada County to C-G Zone 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 Meridian City Council Meeting DATE: January 17. 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Public Works: Discussion of Public Works Inspection Services 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 Meridian City Council Meeting DATE: January 17, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Legal Department: Ada County Highway District Cost Share Permit- Ustick & Ten Mile Intersection MEETING NOTES ~c~ ~~~ QPpvare A~~,-~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY HIGHWAY DISTRICT COST SHARE PERMIT ~ ~ _ 3775 Adams Street ACHD Contact Person: f ! ~ ~ 3 ~ ~ Garden City Idaho 83714 Phone (208) 387-6280 Name: AI Busche 3775 Adams Street , Facsimile (208) 387-6289 Garden City Idaho 83714 Phone: (208) 387-6230 /} .may- / (~t?7t~vt'~rtrl~! G~ ~~ ^t+firi Date of Permit: Novemberl8, 2011 ACRD Project No.: 310023 Permit No.: 001 Capitalized terms that are not defined in this Permit shall have the meanings given to them in the ACHD Cost Share Ordinance No. 215. This pernut is granted to: City of Meridian Partnerin A enc Contact Person: 33 E. Broadway Ave. Caleb Hood Meridian, Idaho 83642 33 E. Broadway Ave. Meridian, Idaho 83642 Phone: (208) 489-0572 Email: chood@meridiancit .or Name/Location of ACHD Road Project: Ustick & Ten Mile Intersection, ACRD Project #310023, as generally depicted on Exhibit A and further depicted in the plans attached hereto and incorporated herein as Exhibit B. Approved Non-Transportation Components: In accordance with Section 3109.10 of Cost Share Ordinance No. 215, ACHD considers the Partnering Agency's Cost Share Application to be an exception request to allow interim treatments in connection with the ACHD Road Project. The Interim Treatments (defined below) must eventually be replaced with Permanent Landscaping (defined below) within 10 years, unless otherwise authorized in writing. Therefore, pursuant to this Permit, ACHD authorizes, and as a condition of issuing tlis Permit, requires, the following Non-Transportation Components: (1) Design, Construction, and Maintenance of Interim Treatments until Replaced with Design, Constmction, and Perpetual Maintenance of Permanent Landscaping in Front of Parcels 12, 14, 16. 18, and 19 as depicted on Exhibit A. ACHD authorizes and requires the maintenance of interim treatments in the form of existing weed barrier and two inch minus drain rock, along with conduit for future irrigation. The top surface of the drain rock shall be level and depressed'h inch to 1 inch below the top surface of the curb and sidewalk in order to contain the rock (collectively, the "Interim Treatment") within the six-foot wide pedestrian safety buffer areas present in front of parcels 12, 14, 16, 18, and 19 for a period of ten (10) years from the date of this Permit. After the 10 year period, the Interim Treatments must be replaced with developed landscaping in the form of irrigated grass (the "Permanent Landscaping"), except that the Interim Treatment may remain in front of parcels that are undeveloped beyond the 10 year period upon the prior written consent of ACHD. (2) Design Construction, and Maintenance of Interim Treatments until Replaced with Design, Constmction and Perpetual Maintenance of Permanent Landscaping in Front of Parcels 8, 9, 10, 13, 15, and 21. ACHD authorizes and requires the design, constnrction, and maintenance of Interim Treatments within the six-foot wide pedestrian safety buffers present in front of parcels 8, 9, 10, 13, 15, and 21 for a period of ten (10) yeazs from the date of this Permit. After the 10 year period, the Interim Treatments must be replaced with Permanent Landscaping, except that ACHD may, in its sole discretion, taking into account then-current conditions, authorize the Interim Treatments to remain in front of parcels that are undeveloped beyond the 10 yeaz period. Such authorization, if given, shall only be valid if it is provided by ACHD in writing prior to the expiration of the 10-year period. . (3) Desien Construction and Perpetual Maintenance of Permanent Landscaping of Parcels 7 and 12. ACHD authorizes and requires the design, construction, and perpetual maintenance of the Permanent Landscaping in front of parcels 7 and 12. In accordance with Ordinance 215, the foregoing Interim Treatments and Permanent Landscaping aze referred to herein as the "Non-Transportation Components." Conditions of acquisition/contribution of real property by Partnering Agency and/or reimbursement to ACHD by Partnering Agency for acquisition of real property: None. ACHD has already acquired or is in the process of acquiring the right-of-way necessary to incorporate the Non-Transportation Components into the Project. Therefore, the acquisition of the real property for these safety buffer areas is not required of Partnering Agency, and is not part of the Non-Transportation Components. 2 Party responsible for obtaining plans/design for Non-Transportation Components: The Partnering Agency shall be responsible for obtaining approval of the plans/designs of the Non-Transportation Components, which shall consist of designs for the Interim Treatments and Permanent Landscaping, as applicable, for the parcels outlined above. If Partnering Agency is responsible for providing plans/designs, deadline for submitting plans/designs to ACHD for approval: Partnering Agency shall submit the plans/designs of the Non-Transportation Components and receive approval from ACHD as to the plans/designs prior to installation. Additional conditions: All designs/plans submitted by the Partnering Agency will comply with (i) established engineering standards, including the Idaho Standards for Public Works Construction (ISPWC) (ii) the American Association of State Highway and Transportation Officials ("AASHTO "), (iii) the Cost-Share Ordinance No. 215, (iv) all adopted ACHD rules, regulations, and policies, and (v) all state and federal laws. No designs shall be considered final until they are approved, in writing by ACHD. Any modifications to the deadlines set forth above must be approved in writing by ACHD. By approving such designs/plans, ACHD assumes no responsibility for any deficiencies or inadequacies in the design or construction of the Non-Transportation Components. Allocation of design costs for Non-Transportation Components (including, if applicable, any credits provided to Partnering Agency and application of any federal funding) and time for reimbursement, if applicable: Paztnering Agency shall be solely responsible for all design costs for the Non-Transportation Components. Partnering Agency shall receive no credits in connection with the design costs for the Non-Transportation Components. Description of construction work approved by ACHD to be completed by Partnering Agency (if applicable): (In addition to description, refer to designs and plans attached to this Permit as Exhibits, if applicable. If designs and plans are not complete at the time of issuance of this Permit, they must be approved in writing by ACHD and shall be incorporated into this Permit.) Upon submission of the plans/designs of the Non-Transportation Components by Partnering Agency and approval by ACHD, Partnering Agency may proceed with construction or may elect to contract with ACHD for construction. If Partnering Agency performs the construction, it shall construct the improvements in accordance with the approved plans/designs. In connection with the construction, Partnering Agency may elect to utilize existing 2 inch minus drain rock in front of parcels 12 and 14 as depicted on Exhibit A. If Paztnering Agency elects to do so, so long as Partnerin A ency is solely res onsible for the collection of such gravels or reimbursement to ACHD for such collection, and so long as such collection is reasonably feasible. Additional conditions: (I) The Partnering Agency will not allow any liens to attach to any right-of--way, improvements, or other property of ACHD as a result of any labor performed or materials supplied in connection with the construction of the Non-Transportation Components. (2)The Partnering Agency shall be responsible for obtaining all permits required by ACRD in connection with any construction of the Non-Transportation Components. (3) Partnering Agency's construction shall not negatively impact ACHD's construction of the Transportation Components or ACHD's Road Project schedule in any way. (4) Any amendment to the designs and plans must be approved in writing by ACHD. (5) All construction of the Non-Transportation Components shall be in accordance with the designs/plans approved by ACHD. (6) All construction by the Partnering Agency will comply with (i) established engineering standards, including the Idaho Standards for Public Works Construction (ISPWC) (i) the American Association of State Highway and Transportation Officials ("AASHTO"), (iii) the Cost-Share Ordinance No. 215, (iv) all adopted ACRD rules, regulations, and policies, and (v) all state and federal laws. If Partnering Agency is responsible for all or a part of the construction of the Non- Transportation Components: a. Date for submitting the Partnering Agency's contractors and engineers to ACHD for approval: Not applicable due to the nature of the construction. b. Date for submitting the Partnering Agency's contractors' and engineers' estimates to ACHD for approval: Not applicable due to the nature of the construction. c. Date for submitting the Partnering Agency's contractors' and engineers' contracts to ACHD for approval: Not applicable due to the nature of the construction. Any modifications to the deadlines set forth above must be approved in writing by ACRD. Allocation of construction costs for Non-Transportation Components, reconstruction costs of Transportation Components necessitated by the incorporation of Non-Transportation Components into the Road Project, ACHD construction, maintenance, administration, and overrun costs (including, if applicable, any credits provided to Partnering Agency and application of any federal funding), and time for reimbursement, if applicable: Partnering Agency shall be solely responsible for all construction costs of the Non- Transportation Components, whether ACHD or Partnering Agency performs such construction. Partnering Agency shall receive no credits in connection with the constmction of the Non- Transportation Components. If ACHD performs the construction of the Non-Transportation Components, then Partnering Agency shall reimburse ACHD for the actual cost of all materials used, the cost of the relocation of any utilities necessitated by the Non-Transportation Components, and any other costs associated with the construction and installation of the Non- Transportation Components. Payment by Partnering Agency shall be made to ACHD within 30 days following submission of an invoice by ACHD to Partnering Agency identifying such 4 Relocation of utilities to be completed by Partnering Agency (if any): If Partnering Agency constructs the Non-Transportation Components, the Partnering Agency will be solely responsible for the relocation of any utilites required in connection with the placement, incorporation, or construction of the Non-Transportation Components. If ACHD constructs the Non-Transportation Components, the Partnering Agency will be solely responsible for the cost of the relocation of any such utilities. Storm water provisions (if applicable): The pedestrian safety buffer area between sidewalk and vertical curb shall be designed so as to prevent storm water from accumulating and ponding in the buffer area. Additional conditions: Upon a determination by ACRD that the incorporation into the Road Project of the Partnering Agency's Non-Transportation Component(s) will have an adverse effect on storm water quantity or quality, Partnering Agency shall be solely responsible for either mitigating or funding the mitigation of any such adverse effected in a means determined by or acceptable to ACHD. Schedule for completion of Road Project: At this fime, ACHD's schedule for completion of the Transportation Components of the Road Project completion is unknown, but estimated on August , 2012. There is no deadline for Partnering Agency's completion of the Non-Transportation Components. Maintenance requirements of Non-Transportation Components by the Partnering Agency: Partnering Agency shall, and is hereby granted anon-exclusive, revocable license to, maintain, repair, and replace the Non-Transportation Components, subject to the provisions of this Permit and during the term of this Permit. This includes: (1) The maintenance, repair, and replacement of Interim Treatments until replaced with Permanent Landscaping in front of Parcels 12, 14, 16, 18, and 19, and thereafter, the perpetual maintenance, repair, and replacement of the Permanent Landscaping in front of such parcels. (2) The maintenance repair, and replacement of Interim Treatments until replaced with Permanent Landscaping in front of Parcels 8, 9, 10, 13, 15, and 21, and thereafter, the perpetual maintenance, repair, and replacement of the Permanent Landscaping in front of such parcels. (3) The perpetual maintenance, repair, and replacement of the Permanent Landscaping in front of Parcels 7 and 12. Partnering Agency shall cause the Non-Transportation Components to be operated and maintained in good functioning order during the term of this Permit, in accordance with applicable law, the approved designs/plans, the Partnering Agency's landscape and irrigation standards and specifications, and industry standards. This obligation includes, without limitation, grass and lawn care, pruning or replacement of gravel, trees, and shrubs, clean-up of litter and debris, weed removal and application for shrubs, trees and groundcover, as applicable. Any replacement and/or installation by Partnering Agency of additional improvements shall be accomplished in accordance with designs, plans and specifications approved in advance and in writing by ACHD, in its discretion, and as required to satisfy applicable laws, its policies and good engineering and landscaping practices. Additional conditions: I.This Permit does not extend to Partnering Agency the right to use any part of the ACHD Road Project area to the exclusion of ACHD for any use within its jurisdiction, authority, and discretion or of others to the extent authorized by law. 2. /n accessing any part of the Road Project that has been accepted as an open public highway (as the term "highway" is defined in Idaho Code Section 40-109(5)), Partnering Agency's authorized use is subject to the rights of the public to use the highway. 3. The rights granted hereunder are subject to and subordinate to the rights of holders of easements of records and the statutory rights of utilities to use the right-of--way. 4. This Permit does not preclude or impede the ability of ACHD to enter into or grant easements or license agreements allowing third parties to access the Road Project area, or the ability of ACHD to redesign, reconstruct, relocate, maintain, and improve the Road Project and right-af--way as it determines necessary, in its sole discretion. 5. In consideration of the license granted by this Permit, Partnering Agency expressly covenants and agrees that the license granted herein is temporary and merely a permissive use of the ACHD right-of- way pursuant to the terms of this Permit. Partnering Agency assumes the risk that the license granted herein may be terminated before Partnering Agency has realized the economic benefit of the cost of installing, constructing, repairing, or maintaining the Non-Transportation Components, and by signing and accepting this Permit, Partnering Agency hereby waives and estops itself from asserting any claim, including damages or reimbursement, that the license is in any way irrevocable because Parmering Agency has expended funds on the Non-Transportation Components and the Permit has not been in effect for a period sufficient for Partnering Agency to realize the economic benefit from such expenditures. 6. In the event the Partnering Agency fails to replace, repair, maintain, and care for the Non- Transportation Components, ACHD shall have the following remedies in addition to any other recovery in law or in equity provided that ACHD first gives the Partnering Agency thirty (30) days notice and the Partnering Agency fails to remedy such failure: (i) ACHD may revoke this Permit, (ii) ACHD may replace, maintain, and/or care for the Non-Transportation Components and the Partnering Agency shall reimburse ACHD fully for all associated costs, (iii) ACRD may remove, alter, redesign, or reconstruct the Non-Transportation Components or any part of the ACRD Road Project (including without limitation the right-of--way), or in the case of landscaping, replace the Non-Transportation Components with hardscape, and the Partnering Agency shall reimburse ACHD fully for all associated costs; and (iv) ACHD may refuse to issue any further Cost Share Permits or any other permits far future ACHD Road Projects until the Partnering Agency complies with the conditions of the Permit. In addition, in the event of an emergency caused by the Partnering Agency's failure to perform required maintenance, ACHD may immediately perform any and all emergency repairs or take other measures in connection with an emergency, and the Partnering Agency shall reimburse ACHD full for all associated costs. Term of Permit: Perpetual, until terminated or revoked pursuant to the provisions of this Permit, provided that Interim Treatments aze only authorized for a period of 10 years following the date of this Permit, after which time the Interim Treatments must be replaced with Permanent Landscaping, which shall be perpetually maintained by Partnering Agency until termination or revocation of this Permit. Notwithstanding the foregoing, Interim Treatments may remain in front of parcels that are undeveloped beyond the 10 year period upon the prior written consent of ACHD Upon termination or revocation of this Permit, upon the request of ACHD, Partnering Agency will either, as directed by ACHD, (i) promptly remove the Non-Transportation Components and restore the underlying area to at least the condition present as of the date of this Permit. Partnering Agency shall repair and restore all portions of ACHD's right-of-way and personal property, if any, that is damaged during such removal activities, or (ii) reimburse ACHD for its cost of redesigning, replacing, and/or reconstructing the right-of-way underlying the Non- Transportation Components. Any portion of the Non-Transportation Components that remain in ACHD right-of-way 90 days after the termination or revocation of this Permit shall be deemed abandoned and ACHD shall have the right to remove them or redesign, replace, and reconstruct the ri ht-of-wa underl in them and char e all costs to Partnerin A enc . Additional provisions: This Permit is issued in connection with the following findings: Partnering Agency's Cost Share Application was determined by ACRD to be incomplete due to numerous inaccuracies, including, byway of example and without limitation, (i) the reference to the former ACHD Cost Share Policy, which has been superseded by the ACHD Cost Share Ordinance No. 215, (ii) the application of credits to the Non-Transportation Components, (iii) the reference to the Non- Transportation Components as Transportation Components, (iv) the statement that Partnering Agency will not assume the cost of the design and construction of Non-Transportation Components, and (v) the request that ACHD enter directly into agreements with third party property owners within the Road Project area to provide the Non-Transportation Components. This Permit provides the terms upon which the incorporation of the Non-Transportation Components into the Road Project are approved. 1. This Permit is issued conditioned upon the Partnering Agency's compliance with ACHD's Cost Share Ordinance No. 215 and all certifications made by the Partnering Agency pursuant to this Permit. 2. This Permit is subject to the provisions of state and federal law and ACHD's Cost Share Ordinance No. 215, in effect as of the date of issuance of this Permit (the "Applicable Law"). In the event of any conflict between this Permit and Applicable Law, Applicable Law shall govern. In the event that any part of the obligations of the Partnering Agency or of ACHD in connection with the Road Project are determined to be illegal or unenforceable by a court of competent jurisdiction, the remaining obligations of the Partnering Agency set forth in this Permit shall still be applicable. Future amendments and restatements of the Cost Share Ordinance shall not be applicable to this Permit. 3. If any portion of the ACHD Road Project (including without limitation any portion of the right- of-way) is damaged as a result of Partnering Agency's action or inaction with regard to the construction, operation, and/or maintenance of the Non-Transportation Components or the failure or neglect to construct, operate, and/or maintain the Non-Transportation Components, then Partnering Agency shall, at its sole cost and expense, correct such deficiency and restore the area to the same condition it was in prior thereto, and if Partnering Agency or its successors or assigns shall fail or neglect to commence such correction and restoration within 24 hours of notification thereof, ACHD may proceed to do so, in which event Partnering Agency shall reimburse ACHD for the costs and expenses thereof, including, without limitation, reasonable compensation for the use of staff and equipment of ACHD. 4. The Partnering Agency shall be liable to ACHD for any and all damages, fines, fees, obligations to third parties, costs, expenses, attorney fees, or any other liabilities whatsoever resulting from the Partnering Agency's failure to comply with any provision of this Permit and/or Cost Share Ordinance No. 215. Without limiting the foregoing in any manner, in the event Partnering Agency fails to comply with any provision of this Permit, then following any applicable notice and opportunity to cure set forth herein, ACHD shall have the right, in addition to all other rights and remedies elsewhere in this Permit, to redesign, replace, and/or reconstruct the Non- Transportation Components and/or the right-of-way underlying the Non-Transportation Components, and in such event, Partnering Agency shall reimburse ACHD for all associated costs. The obligations in this Section shall survive the expiration, revocation, and/or cancellation of this Permit for any reason. Partnering Agency may delegate any of its responsibilities hereunder to any third party so long as it gives prior written notice to ACHD that specifies in detail what responsibilities are being delegated and identifies the third party Notwithstanding any delegation to a third party, the Partnering Agency shall remain and shall be ultimately responsible for the third party's compliance with the terms of this Permit, and no delegation shall absolve Partnering Agency of any duties or obligations of this Permit in any way. In addition, Partnering Agency fully assumes all legal risks of determining whether any such delegation is proper under applicable law and/or regulations, and shall not be absolved of any responsibilities under this Permit if it is unable to complete or maintain any such delegation for any reason. The Partnering Agency, will protect, defend, indemnify, and hold ACHD and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from or out of any acts or omissions of the Partnering Agency, its agents, or contractors related to or in connection with the Non-Transportation Components and the exercise of any privileges or performance of any obligations by the Partnering Agency pursuant to the terms of this Permit. The Partnering Agency's obligations in this Section shall survive the expiration, revocation, and/or cancellation of this Permit for any reason. 7. In the event the Non-Transportation Components will or may necessitate future maintenance, repair, relocation, or replacement that is not the subject of this Permit, ACHD shall in its discretion issue the Partnering Agency an amended or an additional Cost Share Permit to perform such work. 8. ACHD shall at all times have the right to relocate, reconstmct, remove, or redesign any and all improvements that are part of the Road Project. ACHD will use its best efforts to advise Partnering Agency of any anticipated actions within the Road Project that would be likely to cause a relocation, modification, or other adaptation of any of the Non-Transportation Components, and the parties, to the extent reasonably possible, shall agree to a priority schedule regarding the same and shall attempt to cooperate with respect to planning and coordination as related to any such relocation, modification, or other adaptation of any of the Non-Transportation Components. If ACHD ultimately determines that any part of the Road Project must be relocated, reconstructed, removed, or redesigned, then Partnering Agency, at its sole cost and expense, shall be responsible for relocating, reconstructing, removing, or redesigning the Non- Transportation Components, as required by ACHD, which shall be accomplished by Partnering Agency according to designs, plans, and specifications approved by ACHD in writing prior to any such work. Partnering Agency may also elect to remove all or a part of the Non-Transportation Components in lieu of any relocation, modification, or adaptation. Partnering Agency assumes any and all costs of itself and ACHD relating to any future relocation of the Non-Transportation Components. 9. ACHD shall at all times have the right to revoke this and any other Cost Share Permit granted to the Partnering Agency to access any Highway or Public Right-of-Way. In addition, ACHD may immediately perform any and all emergency repairs or take other measures in connection with an emergency, in which case the Partnering Agency shall reimburse ACHD fully for all associated costs. 10. This Permit shall immediately be revocable and/or cancelable by ACHD by providing written notice to the Partnering Agency upon the occurrence of any of the following: (i) a determination by ACHD that any of the information submitted by the Partnering Agency in the Cost Share Application is false or inaccurate in any manner, (ii) a determination by ACHD that the Partnering Agency has failed to comply with any term or provision of this Permit or any other permit granted by ACRD to Partnering Agency, (iii) a determination by ACHD that the Partnering Agency has failed to replace, maintain, and/or care for the Non-Transportation Components as required by the terms of this Permit. Except in an emergency situation, ACHD shall provide the Partnering Agency with thirty (30) days notice of the issue and an opportunity to comply prior to exercising such rights. 11. The issuance of this Permit shall in no way obligate ACHD to provide Partnering Agency with additional permits or rights, nor shall ACHD be obligated to utilize provisions or rights set forth in this Permit in connection with additional permits or rights that it may elect to provide to Partnering Agency in the future. 12. All exhibits and any addenda to this Permit aze incorporated herein. 13. This Permit is conditioned upon the signature of ACHD and the Partnering Agency below. This Cost Share Permit is issued by the Ada County Highway District on the date set forth above: Ada County Highway District: to The person signing below represents that he or she has the authority on behalf of ACRD to issue this Permit and bind ACHD to the terms set forth herein. Acceptance/certification by Partnering Agency: The person signing below represents that he or she has the authority on behalf of the Partnering Agency to accept and agree to the terms of this Permit and bind the Partnering Agency to the terms set forth herein. By: Tammy DeWeerd Its: Mayor Exhibits Exhibit A General Depiction of Project Exhibit B Project Plans 11 City of Meridian: Meridian City Council Meeting DATE: January 17, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS