2012-07-10C�VEFIDIAN --
IDAHO
CITY COUNCIL WORKSHOP
MEETING AGENDA
Tuesday, July 10, 2012 at 3:00 PM
1. Roll -Call Attendance
X David Zaremba X Brad Hoaglun
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
2. Pledge of Allegiance
3. Adoption of the Agenda Adopted
4. Consent Agenda Approved
A. Approval of Fiber Optic License Agreement with the Ada
County Highway District for the Split Corridor Phase 2 Project
B. Approval of Task Order 10340 for Professional Design
Services for "Water Treatment Equipment Specification and
Design of New Iron and Manganese Removal Treatment
Facility" to CH2M HILL Engineers, Inc. for a Not -To -Exceed
Amount of $272,000.00
C. Approval of Award of Bid and Agreement for Independent
Contractor Services for "Well 10B Pumping Facilities
Construction" to Star Construction, LLC. for the Not -To -
Exceed amount of $448,186.00
D. Approval of a Budget Amendment for Contract Legal Services
5. Items Moved From Consent Agenda None
6. Department Reports
A. Legal/HR/IT Department: Budget Amendment for Personal
Wellness Profile Screenings Approved
B. Community Development and Legal Departments: Downtown
Right -of -Way Encroachments, Amenities and Streetscape
Meridian City Council Meeting Agenda—Tuesday, July 10, 2012 Page 1 oft
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.
Improvements - Draft Allowances and Standards for Sidewalk
Cafes and Other Uses on Downtown Sidewalks
C. Community Development: Budget Amendment for Mobile PC's
for Contract Inspectors for a Not -to -Exceed Amount of
$14,750.00 Approved
D. Mayor's Office: Idaho Public Utilities Commission (IPUC)
Public Utility Regulatory Policies Act (PURPA) Letter
Discussion
7. Future Meeting Topics
Adjourned at 3:46 p.m.
Meridian City Council Meeting Agenda— Tuesday, July 10, 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.
Meridian City Council Workshop July 10, 2012
A meeting of the Meridian City Council was called to order at 3:00 p.m., Tuesday, July
10, 2012, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, Brad Hoaglun
and Charlie Rountree.
Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Caleb Hood, Emily Kane,
Scott Colaiani, Pete Friedman, Mark Niemeyer, Steve Siddoway, Warren Stewart, and
Dean Willis.
Item 1: Roll -call Attendance:
Roll call.
X David Zaremba X Brad Hoaglun
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
De Weerd: Okay. I will go ahead and call this meeting to order. For the record it is
Tuesday, July 10th. It's 3:00 o'clock. We will start today's City Council Workshop with
roll call attendance.
Item 2: Pledge of Allegiance
De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all join us in our pledge to
the flag.
(Pledge of Allegiance recited.)
Item No. 2: Adoption of the Agenda
De Weerd: Item No. 3 is adoption of the agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: There are no changes on the workshop agenda, so I move approval -- I move
adoption of the agenda as printed.
Bird: Second.
De Weerd: I have a motion and a second to adopt the agenda as printed. All those in
favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Meridian City Council Workshop
July 10, 2012
Page 2 of 18
Item 4: Consent Agenda
A. Approval of Fiber Optic License Agreement with the Ada
County Highway District for the Split Corridor Phase 2 Project
B. Approval of Task Order 10340 for Professional Design
Services for "Water Treatment Equipment Specification and
Design of New Iron and Manganese Removal Treatment
Facility" to CH2M HILL Engineers, Inc. for a Not -To -Exceed
Amount of $272,000.00
C. Approval of Award of Bid and Agreement for Independent
Contractor Services for "Well 10B Pumping Facilities
Construction" to Star Construction, LLC. for the Not -To -
Exceed amount of $448,186.00
D. Approval of a Budget Amendment for Contract Legal Services
De Weerd: Item 4 is our Consent Agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I move approval of the Consent Agenda and the Mayor to sign and the Clerk
to attest.
Bird: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda. Madam
Clerk, will you, please, call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5: Items Moved From Consent Agenda
De Weerd: There were no items moved from the Consent Agenda.
Item 6: Department Reports
Meridian City Council Workshop
July 10, 2012
Page 3 of 18
A. Legal/HR/IT Department: Budget Amendment for Personal
Wellness Profile Screenings
De Weerd: So, we will move to Item No. 6 under Department Reports and Item 6-A is
our Legal Department.
Nary: Thank you, Madam Mayor, Members of the Council. The budget amendment in
front of you is for the wellness profile screenings that we did in the fall and we had a few
that we caught up in the spring. Last -- in the prior fiscal year we only paid for a portion
of the cost of these wellness screenings and we had a very big drop off, so -- let me
back up. Two years ago we paid all of it. A year ago we paid a portion. This year the
wellness committee recommended that we pay a portion -- pay the full cost of the
screenings, so we would get greater participation of the employees and we did. We had
over 150 employees participate in the screening process. But because we did it after
the budget had been set for the wellness committee for the year, that impacts our
bottom line on how much we can provide for any other type of programming. We have
a contract as you all recall with St. Luke's to help us program different activities and
events to track all the point system and everything else. That contract is about 14,000
dollars a year. We also sponsor classes and we pay a portion of the cost to defray a
little bit of the cost to the employees and that costs us about 6,000 dollars a year or so
and, then, we have incidental costs to some of the programming of the events. This
5,000 dollars basically impacts our ability to cover any of the other types of
programming costs like the classes and the different activities that we do and so you
may recall I did bring that up before and said we are going to do this this year, we are
going to ask for that, but next year we are going to change the way the program is
structured, so we won't be asking for it in another fiscal year. So, we didn't ask for a
change to the wellness funding or to this one, but this one year we did ask -- we are
asking to have it put back into our wellness account so we can complete the year with
the rest of the program that we have.
De Weerd: Thank you, Mr. Nary. Any questions from Council?
Hoaglun: Madam Mayor?
De Weerd: Yes.
Hoaglun: What was that amount for the total bill?
Nary: I think 5,250 dollars.
Hoaglun: Thank you. Madam Mayor?
De Weerd: Mr. Hoaglun.
Meridian City Council Workshop
July 10, 2012
Page 4 of 18
Hoaglun: I would move approval of the budget amendment for personal wellness profile
screenings in the amount not to exceed 5,250 dollars.
Bird: Second.
De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you,
please, call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All eyes. Motion carried.
MOTION CARRIED: ALL AYES.
B. Community Development and Legal Departments: Downtown
Right -of -Way Encroachments, Amenities and Streetscape
Improvements - Draft Allowances and Standards for Sidewalk
Cafes and Other Uses on Downtown Sidewalks
De Weerd: Item 6-B I believe is who? Oh. Caleb. Caleb or Emily or --
Zaremba: Tag team.
De Weerd: It's a tag team. Not Pete.
Hood: Madam Mayor, Members of the Council, you get both of us today and, actually,
there are others that have been involved, but we drew the short straws and we will be
presenting to you today.
De Weerd: Yeah. We saw them push you forward.
Hood: This item we have actually talked about before. It was actually last November
that we were here in a workshop setting and talked about some draft right of way
encroachment standards and processes and I took some of that direction and are ready
to update you with a plan of attack. I just mentioned that there are others that have
been working on this. The who in this are on the screen. This is actually taking place in
our ongoing work group, the streetscape and community character working group,
which was originally established about two years ago essentially just to make sure that
our needs are met by the transportation agencies. We have dealt with things like the
cost share issues, maybe some things that aren't covered in impact fees. We just do it
-- use it as kind of a coordination meeting internally as well. So, that's sort of what's
been going on. This group meets every other week. The last few months we really
have been focusing on what we are here to talk to you about today and that's right of
way encroachments in downtown. As you can see in this slide we are -- we have
developed some strategies and processes that we would like to share with you today to
regulate those encroachments. Currently ACHD has authority on the right of way
Meridian City Council Workshop
July 10, 2012
Page 5 of 18
downtown and we have been working to establish standards, regulations, and a process
to allow those businesses and the public to better utilize the walking areas and the
improvements that happen in that realm. Moving onto the next slide here. So, this --
what we are going to talk about today is focused in the downtown core and we use that
term within the documents that we have drafted thus far. It's -- visually you can see it
goes north of Ada Street up to Carlton and, then, east to west from Meridian Road over
to East 3rd. So, that is the geographic area we are talking about, the downtown area.
The other exhibit on this slide shows the realms. And this is pretty important as we use
some of the terms that are both in the draft code and in the lingo that we will probably
speak of today a little bit. I would just call your attention to a couple of things at this
point I think. The use zone, which is really amenities focused -- and when we say
amenities there is a list there of, you know, tables, chairs, planters, those type of things
-- and the street furnishings zone are the two main zones that you will -- that we will be
referring to. There is other exhibits that will do a better job than me painting on the
slide, but the street furnishing zone is a more permanent thing. Street lights, those
types of things. And, then, of course, your clear zone. We need to maintain a
pedestrian zone. So, those are really the three zones and if you can kind of get those -
understand those I think you will be able to track this as we talk about this today, so -
I'm going to pass the mike to Emily at this point.
Kane: Okay. You want to trade spots? Okay. For the record, I'm Deputy City Attorney
Emily Kane in the Legal Department. There are two -- we have kind of a two phased
approach for this -- for assuming authority from Ada County in regulating
encroachments on the sidewalk downtown. The linchpin is that we need to first assume
the licensing authority and we will do that by agreement with the Ada County Highway
District. ACHD does have a similar agreement in place with the city of Boise, so that
can serve as a really close template to what we are interested in doing. So, our work is
nearly complete, it's just a matter of tweaking it to fit our specific needs and negotiate
some of that with Ada County. My guess is that that will be complete by the end of the
month. We are working to get it done as quickly as possible now that we do have a
plan in place, but we are not quite there yet. However, you will see that, hopefully, in
the next few weeks. In the short term once that licensing agreement is in place we
would like to recommend that we allow and regulate encroachments in the use zone
through our temporary use process. We have a temporary use permit available for
promotional sales unit, which is typically a sidewalk sale or an extension of the business
into -- usually their parking lot, but in this case we could extend that business use into
the sidewalk. This TUP would be good for 160 days. So, that would carry through the
summer season. Any service of alcohol will still require modification of the license to
serve alcohol. A liquor catering permit would be available, but that's, of course, three
days, so that is truly a temporary use. But it's certainly an option. And, then, other uses
of the streetscape would happen through a sub license with the city and that would be a
derivative of our license agreement with ACHD. So, again, in the short term we would
sub license everything except for promotional sales units in the use zone, so a TUP
would be available for that limited use. And, then, everything else would require a sub
license with the city. So, any other encroachment. A planter, a -- and I guess in -- well,
I will talk more about that later, but more — other improvements or encroachments on
Meridian City Council Workshop
July 10, 2012
Page 6 of 16
the sidewalk will require a city sub license. And, then, always there is a clear zone
requirement that pedestrians and wheelchairs and people just generally will be able to
use the sidewalk to walk, of course, with a five foot area. Okay.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: On the liquor catering or permit or whatever, the license actually is just for the
premises, isn't it? I mean for the legal description of the building. So, can you change
the license to allow it to go outside of the premises?
Kane: It's my understanding -- excuse me. It's my understanding that, yes, you could.
Bird: Okay.
Kane: That as long as the business owner has the authority to expand the service area
that would be okay. So, in some cases the business owner or the service area is not
owned by the licensee necessarily, they might be a tenant in that building, so in this
case they would extend and be a licensee as to part of the premises. So, it's really a
matter of ownership of the premises.
Bird: Follow up. Emily, on the exterior, if you add alcohol out there, would that have to
be -- have a fence or something around it, so that half a block up the street you don't
have open containers or something like that? Is that -- would it have to be enclosed, the
area outside?
Kane: Yes. Madam Mayor, Members of the Council, Councilman Bird, yes, the city
would have the ability to place those kinds of stipulations on the expansion of the
license and also through the TUP process that could be a condition of the temporary
use permit.
Bird: Okay.
Kane: So, there are -- I think in some cases it would need to be customized to fit that
particular property, particularly since downtown there is -- there is some sidewalks that
are very skinny and some that are wide enough to accommodate tables and chairs,
planters, and a fence. In some cases that might not be available.
Bird: Okay.
Kane: An available option. However, to delineate the service area from the rest of the
sidewalk I think is certainly reasonable and that could be a stipulation of the permit.
Bird: Thank you, Emily
Meridian City Council Workshop
July 10, 2012
Page 7 of 18
Kane: Thanks.
Hoaglun: Madam Mayor?
De Weerd: Yes, Mr. Hoaglun
Hoaglun: Question for Emily and -- I was just curious about 160 days versus 180 days,
which is six months. I mean some spring they could be open mid-April and go until
mid-October and that's six months. I was just curious about the 20 day difference.
Kane: Uh-huh. Madam Mayor, Members of the Council, Councilman Hoaglun, the -- as
you know, every temporary use permit has its own temporal limit and this was the limit
was established for promotional sales units and why 160 and not 180 1 guess I couldn't
tell you, but certainly it's for calendar year, so you could use 160 days per business for
2012 and, then, the clock starts again in 2013. So, if necessary, you could do another
promotional sales unit in 2013.
Hoaglun: Okay. My other question -- and this might be more for Caleb. Because
walking -- with my office downtown Boise and I run into these things walking down 9th
Street and that is some people put out sandwich boards, so they get a permit, they want
to advertise, that has to be out of the clear zone I would assume and we would make
sure that's done, because it gets really tight when you have the fenced off area where
they can serve alcohol and, then, you have got the tree and the tree well and, then, they
throw and sandwich board out there and throw a dog and a biker in there as well and it
gets chaotic, so --
Kane: Madam Mayor, Members of the Council, Councilman Hoaglun, yes, I think that
the signs -- under the temporary use permit signs are allowed. I don't actually
remember how many signs, but certainly it was -- that can be another condition of the
temporary use permit. But the location of the sign, the number of the sign, or maybe no
signs would be allowed understand the TUP. We -- in the long term, which Caleb will
speak to you, in a moment, the streetscape encroachment certificate would not
necessarily entitle -- or rather would not entitle that certificate holder to any additional
signs -- temporary signs or limited duration signs would still be under the sign -- would
still require a separate sign permit. We struggled with this a little bit as to -- for
example, an umbrella that might say the name of the business or might have an
advertisement for a Coke or a beer or something that is technically a sign, because it
contains text. So, we have kind of been around the block on that issue, but the -- the
main thing is that we are not trying to let signs proliferate under the streetscape
encroachment certificate or the TUP for promotional sales.
Hoaglun: Yeah. Madam Mayor and Emily. I don't mind if they have a sign and they go
through the process, get the sign, I just want to make sure it's not in the clear zone
trying to divert your attention, it's got to be off, because we do need that access for
people, so --
Meridian City Council Workshop
July 10, 2012
Page 8 of 18
Kane: Yes. And certainly the clear zone is an overlay regardless of what else is going
on.
De Weerd: Any other questions?
Rountree: I have none.
Hood: So, maybe before I jump into some of the long term things, I think some of this
discussion -- I just want to be clear. This is phase one. The short term -- 160 days we
fully plan -- hopefully with Council's blessing here in the next couple of months -- to
have a long-term solution to this. The TUP would just be for the season. It's something
that we can kick off right away, we don't envision needing 160 or 180 days, we should
have something on the books here in the near future. The 160 is already on the books
for the TUP ordinance. Same with barriers or fencing for eateries and bars. We will --
we are looking to require barriers for those businesses as they want to expand here.
So, that is one of the standards that we will ask for your comments on. We do have a
36 inch barrier requirement, so you can delineate where food and beverages being
served and consumed versus the public realm. So, this next three months we can piece
something together real quick and we can condition those individually, but there will be
a standard, hopefully, in the next three or four months that just requires that for signs,
for barriers, for different things. A clear zone even that will be very black and white and
say you can and can't do this. So, onto the long-term plan, which we just don't have all
the ducks in a row yet to come straight away with -- with code, but are working on it.
That is in your memo for today, so, hopefully, you have had a chance to look at some of
-- of that -- that memo, which included the master license agreement that ACHD and
Boise have on the books currently. It was just amended here I think last week or the
week before to allow some valet parking as well. But it will be modeled after that. And,
then, the second part of that is a draft. We are still working on it, but -- and we put
together some code for Title 8. That's where we envision this going longer term, which
Title 8 is -- be some work anyway. So, we thought this could be a good place to start
with Title 8. So, again, we will regulate -- and I'm going to go back to the use zone on
the street furnishing zone. So, the use zone area or the areas near the buildings --
really, if you can think of those -- that area as amenities, you would need an
encroachment certificate through the planning department and city code would apply to
the standards. So, how you can use that area on an interim basis. So, that's one zone.
And, then, the street furnishing zone -- so, again, near the curb are more permanent --
meant for more permanent improvements. It would require a sublicense with the city.
You wouldn't need the encroachment certificate, it's just a sub license, so we can insure
that the way that those improvements are going in meet the city standard and
specifications. So, if you are putting in trees you got the right grates, the right type of
tree, and that's primarily through legal now. Parks will be urging that to make sure that
the trees are proofed for type and whatnot. That's really the two -- all in the same public
realm, the processes. The use zone and your street furnishing zone. And that's sort of
how we have tackled it and what our proposal is to you today that -- to discuss a little bit
and, then, what will come back to you on the near future with, hopefully, some
preliminary discussion and adoption. This really just illustrates what I tried to tell you
Meridian City Council Workshop
July 10, 2012
Page 9 of 18
and you have seen this diagram now a few times. Your use zone with your movable
amenities, again, you would require the streetscape encroachment certificate, a clear
zone, and a street furnishing zone. So, here is our -- our timeline. And, Emily, you want
to run through the first couple things here.
Kane: Okay. The -- again, the first step is to execute the license agreement with
ACHD. I'd like to get that done by the end of the month. And the very next day we can
start accepting applications for TUPs for promotional sales units in the use zone. We
would, then, approve the amenities encroachments and the TUP process. And to be
clear, this can happen now, it's just that ACHD, as the license authority, has control over
encroachments on the sidewalk. So, this is intended to be a streamlining of that
process and, frankly, it may be less expensive for downtown business owners.
Hood: And what we wanted to -- what I will highlight next on this is the stakeholder
outreach. We would like to get the word out there, talk with some business owners
downtown that we know have some interest in this or just generally like to be involved
with these types of things. We have I think about four or five names at this point, but if
there is others in particular you want us to contact I think we were talking about Rick's,
Steve at the smoke shop next door. The bike -- the bike shop and Molly with Corkscrew
were kind of the few that we were going to make individual contact, because there has
been -- we know of some interest on those parts and maybe try to work a couple of
more business owners into the mix, have them look at the draft standards, but a story --
work with Frank on doing a story in the Valley Times, if not a notice in the Valley Times,
and, then, the city website, we'd really like to use that to -- to reach those others that
haven't seen some of our other media and invite them to a little mini work session here
at City Hall. Hopefully we will get some attendance and run through this with the
business owners and kind of explain how this can work and what some of the draft
standards are. So, that's our -- our vision for moving forward and, then, come back to
Council, obviously. I know you have been sitting there for all day, so I don't want to take
too much time, but I do want to -- if you don't mind, just spend a couple minutes turning
the pages of the draft Title 8 and see maybe if we are on the right track. We took, you
know, some of your comments last time we talked about, you know, the quality of
furniture, should we regulate that it needs to be of a quality material that won't blow
away or -- you know, those types of things. So, we have really scaled that back and we
are really focused in on draft Title 8 and in the standards that you don't see yet and
that's one of the reasons why we are not ready to go to the long term plan today is we
are still working on bringing together city wide standards for street lights and tree grates
and all that and cleaning up some of the streetscape standards that we currently have.
I just want to spend a couple of minutes going through this to make sure we are on the
right track and you're familiar with at least the way we regulate the use zone if you don't
mind. So, I'm going to start on page six, which is, again, related to the streetscape
encroachment certificate. And just point out that we -- one of the things that we will talk
about here is an application -- we need to develop and application -- this is a new
application, we haven't developed that or a checklist. We have some things that we
would like to see with the site plan and whatnot, and, then, a fee schedule. So, we
need to -- we need to come up with some proposal for those couple of things and have
Meridian City Council Workshop
July 10, 2012
Page 10 of 18
those ready to roll as we adopt this process. We envision also for the -- I'm turning to
page seven of thirteen in the packet. As a term of the certificate we envision these being
valid for one year, with a renewable every year. That could change, but that seems to
be standard practice for most other cities that have a similar ordinance, it's renewable
annually, but, then, if you get a problem child you don't have to renew it or if they are not
in compliance you wouldn't have to renew that. But -- and we weren't -- we weren't
thinking about with these having it be a -- a revenue generator, we weren't planning on
charging them, but for maybe an application fee for our time to process and review their
site plan and issue the permit. We weren't looking at providing them like a square foot,
you know, cost or whatever. But that is certainly -- that varies. Boise city does. Some
other agencies do charge for that -- that use zone and if that's the direction, then, we
can go that way, but we aren't planning at this point to -- to charge any ongoing or rental
lease fee if you will. Flipping the page to page eight, the allowed use on amenities, they
are listed there. I'm not going to read them all for you, but they are the things like tables
and chairs and the fencing or barriers are what are envisioned there. And we will
probably add some additional outdoor dining requirements. Again, we are focusing
primarily on safety here. We are a clear zone with safety, so we are not -- we are not
creating a safety hazard for motorists or pedestrians or anybody else using this public
realm as our overarching goal. The prohibited encroachments, then, is in Section D.
Again, I'm not going to run through all those. If you have any comments on any of this,
though, please stop me at any time. Again, we haven't -- we haven't set up the
processing fee or application for this inner -- or not interagency, but the agreement for
the streetscape improvements, but we will do that -- get that put together and bring that
back to you as well in the near future.
Hoaglun: Madam Mayor and Caleb? I did have a question on page 11. It was -- when I
read it I didn't understand. Make sure I find it here. Or was it on ten? It said that
anything placed in the -- oh, item seven. All encroachments placed in the street
furnishing zone under a streetscape sub license shall become the property of the City of
Meridian upon expiration of the streetscape sub license. In -- can you explain that? I
mean it's not like, okay, they put their tables and chairs out there and, then, the
season's over and they happen to leave them there, I was thinking, oh, do we own
those now? I don't think that was the case.
Hood: I will let Emily explain some of that, but remember what zone we are in here.
We are in the streetscape zone, we are not in the use zone anymore.
Hoaglun: Okay.
Hood: So, this is related to the more permanent improvements that are being made. I
think we need to have some internal discussion about the one year expiration and
renewal. Once somebody improves a streetscape we have agreed to maintain that. I
don't think it needs to be renewed annually, but this would be for more permanent
improvements that are of general benefit to the overall community. Emily may have
to explain a little bit more why it's worded as such, but we are in that improvement
realm.
Meridian City Council Workshop
July 10, 2012
Page 11 of 18
Kane: Madam Mayor, Members of Council, Councilman Hoaglun, so the -- Caleb is
right, it goes by the zone. So, the -- the blue zone, the use zone is for amenities, that's
the streetscape encroachment certificate, so it's more of a permit and we wouldn't take
the personal property that people put out there, as people are required to remove their
amenities when their certificate expires, but that is always -- that always belongs to
somebody else. Improvements that are put in the green area in the street furnishing
zone, pursuant to a sub license agreement, would be governed by that agreement and,
typically, it's things like street lights and trees and bike racks, benches, and garbage
cans and things that we don't want people to take with them when they -- when their
license expires. It's a fixture that becomes part of the streetscape. So, it's kind of two
different concepts. One is for the outdoor dining situation and one is for the
beautification of the street and putting in stuff that will stay there.
Hoaglun: That helps. Okay.
Kane: There are two sections here and I think you -- you skip to the next one.
Hoaglun: Yeah. Thank you.
Hood: And just to clarify, there are a few things that are allowed in the street furnishing
zone that aren't permanent amenities and those are also called out on page 12.
Newspaper stands, for instance, are an amenity that we would allow in the street
furnishing zone, but, again, that's sort of the exception of the rule. We allow very few
encroachments in that realm that aren't a permanent fixture, so --
Caleb: And, then, we have got a small penalty encroachment -- or enforcement section
there, too, so it's very legal in its form and I wanted to just run through with you real
quick and see if you have any comments at this point, but, again, we took your direction
from late last fall and think we have captured the spirit of that discussion and I would
stand for any questions at this point.
De Weerd: Mr. Rountree.
Rountree: Madam Mayor, Caleb, I'm not -- I know what you're trying to accomplish and
it -- specific to the public right of way, but when I look at the definitions of the city core
and look at your map, is that too exclusive? Could it be broader? I mean I can see
maybe potentials on Main Street further north where somebody might want to use the
public right of way, assuming we know where it is. I guess there is -- the function that's
behind the -- it's the back side of the sidewalk. But it might actually go into some of the
front yards there that people might want to use and it's almost all commercial anymore
and the same thing -- we have extended it down Meridian Road to Carlton and for those
two blocks north of the City Hall -- or north of State Street there are converted
residential or apartments, so it's covered there, so do we have to say it's got to be with
this -- I can think of places that are not in the downtown core where this might be
applicable where the commercial buildings are very close, if not abutting the back of
Meridian City Council Workshop
July 10, 2012
Page 12 of 18
sidewalk and they might want to use it. So, I just throw that out. Is there a down side to
making this more flexible?
Bird: Madam Mayor, Councilman Rountree, I think -- I don't know if there is a down
side. We would certainly have to look at what we have written and kind of modify it if
that's where we want to start. The geographic area that's here matches the adopted
streetscape standards that we have right now for downtown. So, that's why just -- we
just kept it where we have north, south and east, west cross-sections, that's right where
we thought we would start. But certainly we can make it city wide if that's what we want
to do. The problem is we are going to have to have multiple sections, because this
cross-section with a minimum 13 foot from curb to building face isn't typical for
anywhere else in downtown -- or in town. So, we would have to come up with some
other standards if you want to -- if you have an extra wide sidewalk. We will need five.
You have two there, you could use it, you can't do a lot typically in two. If somebody
wanted to improve it with street trees we could certainly look at allowing folks to use a
five or seven foot wide sidewalk. The problem is going to be the ADA and that clear
zone stuff. But, yeah, we could establish the -- whatever you want, it's just having that
cross-section is really only envisioned in the core with your street trees.
Rountree: Right. With that.
Caleb: Right.
Rountree: I'm thinking just the concept of that way we have control to some degree of
what people might want to do in that right of way zone no matter where it is. And ACHD
has opted that as long as we meet certain requirements it's okay.
Caleb: And, again, I think -- Madam Mayor, Councilman Rountree, I think we can
expand this over time. I would want to look at blocks or neighborhoods before we just
paint that broad brush and say anywhere you can do this, because I just -- I think it
would be almost impossible. It looks like you could do it somewhere, but it really
would make it nearly impossible or having a clear zone and some use area would be
difficult. But, yeah, again, I think in concept we could -- we could do that if that's the
direction.
De Weerd: Anything further from Council?
Bird: I have nothing, Mayor. Have you covered everything?
Caleb: Okay. Thank you. We will be back with the standards and any other comments
we hear here in the -- go over the timeline real quick again, so we can have that
engrained as we leave.
De Weerd: I believe -- yeah.
Caleb: Okay.
Meridian City Council Workshop
July 10, 2012
Page 13 of 18
C. Community Development: Budget Amendment for Mobile PC's
for Contract Inspectors for a Not -to -Exceed Amount of
$14,750.00
De Weerd: Thank you. Okay. Our next item is from our Community Development
director.
Chatterton: Madam Mayor, Council Members, here is Community Development back
begging for money again. In this case we have a fund to pay for it, if you agree. We
are sort of a victim of our own success. Permitting is up about 25 percent roughly,
month over month, compared to about a year ago and as you all are aware with our
system of having contractors provide inspections, we are also contractually obliged to
provide connectivity equipment -- in this case laptops -- with air cards so that they can
access Accela Automation, our tool for permitting. What we have before you is roughly
-- was 14,750 dollars that covers the cost of the laptops. The largest share of this is the
actual Accela software licenses. Those are -- those are a bit spendy, but necessary, as
well as the air cards and some maintenance on the software as well. This will allow us
to continue to serve our customers and hopefully get at some additional revenues for
the coming year and we are feeling good about that. So, happy to answer any
questions you might have.
Bird: Madam Mayor?
De Weerd: Thank you, Bruce. Yes, Mr. Bird.
Bird: In contract -- these subcontractor, we are committed to providing computers for
them?
Chatterton: Yes. That's correct.
Bird: They provide their own vehicles. They use their own vehicles. Part of the reason
for this, council member, is that we put forward the Accela Automation tool and without
these laptops they wouldn't -- and in particular computers which have been spec'd to
work well with Accela Automation by IT, they wouldn't have that connectivity in the field.
It's very important.
Bird: And how many computers are we purchasing for this?
Chatterton: Two.
Bird: Two computers.
Chatterton: Yes.
Bird: Who for?
Meridian City Council Workshop
July 10, 2012
Page 14 of 18
Chatterton: I'm sorry?
Bird: We got subcontracts with four people.
Chatterton: Yes.
16- mom URT,•
Chatterton: Oh. Well, I believe that these are for structural inspectors.
Bird: Just for -- just for structural?
Chatterton: I believe that these are for structural. Actually, I'm not -- council member,
I'm not sure which particular inspectors these are for. Part of the issue -- and one of the
biggest elements of the workload is the amount of commercial work and we did 99
single family permits last time.
Bird: Yeah. I realize that.
Chatterton: So, I honestly don't know which inspectors these are for. I could find out
and let you know.
Bird: Okay. What have we been doing before, Bruce, when we were doing 600 and
some permits a month?
Chatterton: Well, at the time we didn't have Accela Automation, so it wasn't
implemented, it wasn't -- it wasn't necessary.
Bird: Okay. But this is just for two computers.
Chatterton: It's for two computers and the biggest --
Bird: The licensing -- and all the licensing, yeah.
Chatterton: Yes. That's correct. The licensing.
Bird: Okay.
De Weerd: And the wireless cards.
Chatterton: That's correct.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Meridian City Council Workshop
July 10, 2012
Page 15 of 18
Zaremba: I would add that I believe we already have four or maybe six of these and
Bruce Freckleton reminded me that two or three years ago when we bought those, we
made the decision only to buy as many as we had people to sit in the seat in front of
them for, knowing that at some point when permits came up -- I think we still have the
same number contractors, but some of them are bringing in more staff and can't share a
computer and work at the same time. So, this is actually finishing a purchase that we
started several years ago now that we actually need more seats to sit. I don't know if
that makes sense, but --
Bird: It seems like it's awful expensive license for just two computers.
Zaremba: Well, the license is the big part.
Chatterton: Madam Mayor and council member, I agree, Accela is a great tool. It -- and
I think it provides us with a high level of customer service, but, yes, it is expensive.
Bird: No problem. No questions.
De Weerd: Any other questions from Council?
Rountree: I have none.
De Weerd: Okay.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we approve the budget amendment for mobile PCs for the not to
exceed amount of 14,750 dollars.
Hoaglun: Second.
De Weerd: I have a motion and a second to approve Item 6-C. If there is no
discussion, Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Chatterton: Thank you very much.
Meridian City Council Workshop
July 10, 2012
Page 16 of 18
D. Mayor's Office: Idaho Public Utilities Commission (IPUC)
Public Utility Regulatory Policies Act (PURPA) Letter
Discussion
De Weerd: Thank you, Bruce. Under 6-D for the Mayor's Office we have Robert.
Simison: Thank you, Madam Mayor, Members of the Council. What we have in front of
you today is a draft letter to the Idaho Public Utilities Commission, which has been
prepared to encourage the Idaho Public Utilities to give Idaho Power as much leeway as
they possibly can to negotiate with some of the renewable energy providers in the state.
Not to go into too much history or information on the background, but Idaho Power has
to pay a set rate by the federal government to purchase wind, solar, geothermal, and
the PUC has tentatively come up with a way to allow Idaho Power to have some sort of
a negotiated discussion with those groups, but this letter is intended primarily to
encourage the Idaho PUC to find a way to keep rates as low as possible for all
consumers, because regardless that's who ultimately pays and in our case it impacts
what our -- not just what the people in the city pays for their electricity, but what the city
pays in electricity with the wastewater treatment plant being one of the largest electrical
users in the city, if not the Treasure Valley. So, with that letter before you I would be
happy to take any edits or comments you have regarding the letter.
De Weerd: Thank you, Robert. Any comments, questions?
Bird: I have none. I have none.
De Weerd: Edits?
Hoaglun: Quick comment, Madam Mayor.
De Weerd: Yes.
Hoaglun: I'm in favor of the letter. I mean this is something -- an issue that most utilities
around the country are facing. I know BPA, Bonneville Power Administration, earlier
this spring was having a heck of a time. They have some customers in Idaho where
they were running the water through their dams, but six, eight cents a kilowatt hour and
-- was the cost, yet the wind was blowing and they were required to purchase the wind
power and that was 27, 28 cents a kilowatt hour and that cost is passed onto the rate
payer and they weren't able to choose which is the lowest cost for the consumer, they
were doing what was required by law and I think this -- this would help for all of us and
our citizens in Meridian to at least try to get lower -- lower energy costs. That's a good
thing.
De Weerd: And some of the same concerns we have in cost of power with the
Dynamus project and what that means to our taxpayers as well, so it's a very timely
subject. Any edits or any concerns with the letter?
Meridian City Council Workshop
July 10, 2012
Page 17 of 18
Rountree: I think it's a good letter.
Bird: Looks good tome.
De Weerd: Okay. Very good. Well, we will get it out.
Simison: Thanks.
Item 7: Future Meeting Topics
De Weerd: Thank you, Robert. Okay. That ends our Department Reports. Council,
any topics under future meeting topics? I know Ralph had brought up a topic he wanted
to -- he had some concerns over the Fourth of July and some of the illegal fireworks that
are being not allowed, but at least set off in our city limits, as I directed him to talk with
the chief, because I know it's an equally timely project or topic and concern of the city's.
We do have a local ordinance that -- that addresses it, but certainly it's very difficult to
enforce. It needs to be done at the state level. So, Ralph, we will give you the phone
numbers and names of all of our elected officials and you can start a letter writing
campaign.
Hoaglun: And Madam Mayor -- Ralph, I have some names that complained to me that
can pass onto you, too. So, they would be interested, so -- and, Madam Mayor, future
topics. Do we want to discuss roundabout landscaping at some future meeting?
De Weerd: Yes. That is something that we had asked to -- to certainly have Caleb
bring to ACHD's attention and so we will ask him to bring that back and report --
Hoaglun: Thank you.
De Weerd: -- to you all. Okay. Anything further for City Council agenda? I would
entertain a motion to adjourn.
Rountree: So moved.
Bird: Second.
De Weerd: All those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 3:46 P.M.
Meridian City Council Meeting
DATE: July 10, 2012 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE:
Approval of Fiber Optic License Agreement with the Ada County Highway District for
the Split Corridor Phase 2 Project
MEETING NOTES
14f x, " 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
E IDIAN ,
Public D A H O
Works Department
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Tim Curns, Transportation and Utility Coordinator
DATE: June 26, 2012
Mayor Tammy de Weerd
City Council Memberst
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
SUBJECT: APPROVAL OF FIBER OPTIC LICENSE AGREEMENT WITH THE
ADA COUNTY HIGHWAY DISTRICT FOR THE SPLIT CORRIDOR
PHASE 2 PROJECT
I. RECOMMENDED ACTION
A. Move to:
1. Approve the fiber optic license agreement with the Ada County Highway
District for the Split Corridor Phase 2 project; and
2. Authorize the Mayor to sign the agreement
II. DEPARTMENT CONTACT PERSONS
Tim Curns, Transportation and Utility Coordinator 489-0342
Warren Stewart, PW Engineering Manager 489-0350
Tom Barry, Director of Public Works 489-0372
III. DESCRIPTION
Back rg ound
As part of the Split Corridor Phase 2 project, the City is replacing a fiber optic
connection from the City Hall building to a communications cabinet at the
Franklin/Meridian Road intersection. This fiber optic line provides important
connections for the Police Department offices, the Water Tower, and for Fire
Station 41. The Ada County Highway District is asking the City to execute the
license agreement to ensure that the line will be maintained by the City and that
1 of 2
the City utility location crew will mark the line for any future construction
activities.
IV. IMPACT
A. Service/Delivery Impact:
This agreement insures that existing communications connections between City
Hall, Fire Station #1, the Water Tower, and the Police Department will be
replaced during construction of the Split Corridor. The new line will be larger
than the current line to allow for additional uses in the future.
B. Fiscal Impact:
This license agreement does not have any fees associated with it.
V. ALTERNATIVES
Council may choose not to approve the agreement; however, without the agreement,
ACHD may not allow the replacement of the fiber optic line during ACHD's
roadway construction project.
VL TIME CONSTRAINTS
The project is expected to go out to bid in August.
VII. LIST OF ATTACHMENTS
A. Fiber Optic License Agreement
Approved for Council Agenda:
Warren Stewart, Engineering Manager
2 of 2
z z
Date
PROPERTY MANAGEMENT NO. 0731-2456-0812
- MERIDIAN - FRANKLIN TO BROADWAY
FIBER OPTICS (CITY OF MERIDIAN)
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 10
BOISE IDAHO 08/16/12 03:26 PM
DEPUTY Bonnie Oberbillig III I�II'II'IIT)(I'IIIII)I(II'II I'II
RECORDED -REQUEST OF 112082954
Ada County Highway District
LICENSE AGREEMENT
K&lxAV
S LICENSE AGREEMENT(the "A reement" is made and entered into this"Agreement") �
day of , 2012, by and between the ADA COUNTY HIGHWAY DISTRICT, a
body politic nd corporate of the state of Idaho, ("ACHD") and the City of Meridian, and Idaho
Municipal Corporation ("Licensee").
WITNESSETH:
For good and valuable consideration, the receipt and sufficiency of which is
acknowledged by the parties:
WITNESSETH:
For and in consideration of the terms and conditions hereinafter contained, and the covenants to
be kept, it is hereby agreed as follows:
1. NATURE OF LICENSE: Pursuant to the terms, conditions and limitations of this
Agreement Licensor hereby grants to Licensee a license to encroach upon a portion of the
public right-of-way in Ada County, for the following specific use:
To use and maintain a portion of the public Right -of -Way known as N. Meridian Road (from
Broadway to Franklin Road) for the installation of one (1) 1.25 inch conduit that may enclose
fiber optic cable (the conduits and any associated fiber optic cable and other equipment are
collectively hereinafter referred to as "fixtures and improvements") for the Licensee's
exclusive use. The fixtures and improvements will be running along the west side of N.
Meridian Road, all as depicted in the attached Exhibit "A". The Licensee will install the new
line with the ACHD Split Corridor Project and agrees to avoid all utilities. The conduit shall
have a minimum depth of cover of three (3) feet. Licensee will be responsible for the
location of existing easements and facilities before any construction in the public Right -of -
Way. Licensee shall provide ACHD Utility Coordinator plan and profile plans showing
placement of the fixtures and improvements in the Right -of -Way and will become a member
of Digline, Inc.. Licensee understands and agrees that it may be required to remove and/or
relocate the fixtures and improvements if a need for this portion of the public Right -of -Way is
required for a public use. Costs associated with the removal and relocation of the fixtures
and improvements will be borne by Licensee at no cost to Licensor. This Agreement is not
an exclusive right to use the public Right -of -Way; is not intended to preclude access to
adjacent and abutting properties; and is subject to any existing easements of record or in
use.
2. GRANT OF LICENSE: The property to be included in this Agreement are parcels of real
property within the public right-of-way in Ada County, State of Idaho, depicted in Exhibit "A".
3. TERM OF LICENSE: This license will commence on the day first entered above, and will
continue until terminated by Licensor or its successors or assigns or by Licensee. Licensor
LICENSE AGREEMENT - Page 1
(6/21/12)
or Licensee may terminate this license anytime, with or without cause, upon giving the other
party THIRTY (30) DAYS written notice of termination of this license.
4. OWNERSHIP: Licensee acknowledges that the real property described in paragraph
two, "Grant of License," hereinabove set out is a public Right -of -Way and Licensee waives
any claim to ownership of the Right -of -Way whether in fee, adverse possession or any other
right, title or interest therein, other than established pursuant to the terms of this Agreement.
This Agreement does not extend to Licensee the right to use the Right -of -Way to the
exclusion of ACHD for any use within its jurisdiction, authority and discretion or of others to
the extent authorized by law to use public Right -of -Way. If the Right -of -Way has been
opened as a public Highway (as used in this License Agreement the term "Highway" is as
defined in Idaho Code § 40-109(5)) Licensee's authorized use is subject to the rights of the
public to use the Right -of -Way for Highway purposes. Licensee's authorized use is also
subject to the rights of holders of easements of record or obvious on inspection of the Right -
of -Way and statutory rights of utilities to use the public Right -of -Way. This Agreement it is
not intended to, and shall not, preclude or impede the ability of ACRD to enter into other
similar agreements in the future allowing third parties to also use its public rights-of-way, or
the ability of ACHD to redesign, reconstruct, relocate, maintain and improve its public rights-
of-way and Highways as authorized by law and as it determines, in its sole discretion, is
appropriate.
5. TAXES AND ASSESSMENTS: Licensee agrees to pay all special assessments and
personal property taxes that may be imposed against the fixtures and improvements
property during the term of this Agreement.
6. LICENSEE'S FEES: Any ACHD license fees shall be waived in accordance with the
ACRD -Meridian Interagency Governmental Agreement for Waiver of Costs and Fees dated
June 9, 2010 and incorporated herein by reference.
7. FIXTURES AND IMPROVEMENTS: Pursuant to the terms of this License Agreement,
Licensee may build those improvements and/or place those fixtures upon the Right -of -Way
as set out in paragraph one, "Nature of License." At its sole cost and expense, Licensee
shall maintain the fixtures and improvements in good condition and repair and as required to
satisfy applicable laws, the policies of ACHD and sound engineering practices. Licensee
shall have access over, across and under the Right -of -Way for the purposes of
accomplishing such repair and maintenance.
If the Highway on and/or adjacent to the Right -of -Way is damaged as a result of:
(i) the performance by Licensee of the maintenance required by this Section 7, or
the failure or neglect to perform such maintenance; and/or
(ii) Licensee's design, installation or use of the Improvements, regardless of cause;
at its sole cost and expense Licensee shall forthwith correct such deficiency and restore the
Highway and the surface of the Right -of -Way to the same condition it was in prior thereto,
and if Licensee shall fail or neglect to commence such correction and restoration within
twenty-four (24) hours of notification thereof, ACHD may proceed to do so, in which event
LICENSE AGREEMENT - Page 2
(6/21/12)
Licensee agrees to reimburse ACHD for the costs and expenses thereof, including, without
limitation, reasonable compensation for the use of staff and equipment of ACRD.
Notwithstanding the provisions of the preceding paragraph, should an emergency exist
related to the Licensee's use of this license which threatens the stability or function of the
Highway on or adjacent to the Right -of -Way or the safety of the public use thereof, ACHD
shall have the right to immediately perform, on behalf of, and at the cost of Licensee
necessary emergency repairs.
It is agreed that upon the termination of this Agreement, Licensee will promptly remove all
improvements and/or fixtures placed in the right-of-way by Licensee at no cost or expense
to Licensor.
Licensee agrees at the termination of this Agreement, to return all premises as nearly as
practical to the condition that the premises were in before any use by Licensee. Should
Licensee fail to promptly remove any improvements and/or fixtures upon the Right -of -Way at
the termination of this license herein, and Licensor wants to have said improvements and/or
fixtures removed, Licensor may remove such improvements and/or fixtures and assess
Licensee for the costs of their removal. Licensee will also be liable for all costs incurred by
Licensor to cause the property to be returned to the same condition it was in before the
grant of this license.
It is further agreed that should Licensee not remove the improvement's and/or fixtures in the
public Right -of -Way at the termination of this Agreement that Licensee hereby disclaims any
interest or title to the improvements or fixtures left on the property after the expiration of the
term of this Agreement, and all improvements and/or fixtures left on the property after the
termination of this Agreement will pass to Licensor at no cost to Licensor.
8. ASSIGNMENT: It is expressly agreed and understood by and between the parties
hereto, that Licensee will not have the right to assign, transfer, hypothecate or sell any of its
rights under this License Agreement except upon the prior express written consent of
Licensor.
9. HOLD HARMLESS AND INDEMNIFICATION: Licensee will, to the extent permitted by
law, always, indemnify, defend and hold harmless Licensor, its agents, successors and
assigns, against all actions, claims, demands, liabilities, damages, debts, bodily injury and
property damage, including all expenses, costs and attorney fees that may in any manner
be imposed or incurred by Licensor because of, or arising out of, the actions, direct or
indirect, defaults or omissions by Licensee, or any of its officers, agents or servants, arising
out of or concerning the above described property and/or license granted herein, or any
other liability or damages to which Licensor may be subjected as a result or consequence of
granting this license. Licensee's obligations pursuant to this paragraph shall survive the
termination of this License Agreement.
10. HAZARDOUS MATERIAL CLAIMS; Licensee will be solely responsible for and will
indemnify and hold harmless Licensor, its respective directors, officers, employees, agents,
successors, and assigns from and against any and all loss, damage, cost, expense or
liability directly or indirectly arising out of or attributable to the use, generation, storage,
release, threatened release, discharge, disposal, or presence of hazardous materials on,
LICENSE AGREEMENT - Page 3
(6/21/12)
under or about the real property described in paragraph two "Grant of License," including
without limitation (1) all damages, (2) the costs of any required or necessary repair, cleanup
or detoxification of the property and (3) all reasonable costs and expenses incurred by the
Licensor in connection therewith, including but not limited to reasonable attorneys' fees.
Licensee's obligations pursuant to this paragraph shall survive the termination of this
License Agreement.
11. ATTORNEYS FEES: It is agreed by and between the parties hereto, that in the event
suit is instituted for the purpose of enforcing any and all of the provisions of this License
Agreement, the prevailing party will be entitled to such attorneys' fees as are adjudged
reasonable by the Court.
12. HEIRS AND ASSIGNS: The covenants and conditions of this Agreement will extend to
and bind the heirs, executors, assigns and successors of the respective parties hereto.
13. NO COST TO ACHD: Any and all costs and expenses associated with Licensee's
authorized use of the Right -of -Way, or any construction or installation of Improvements
thereon, or the repair and maintenance thereof, or the relocation of improvements or utilities
thereon, or the restoration thereof at the termination of this Agreement, shall be at the sole
cost and expense of Licensee.
14. NOTICE: Any notice under this Agreement shall be in writing and be delivered in person,
or by United States Mails, postage prepaid, or by public or private 24-hour overnight courier
service (so long as such service provides written confirmation of delivery), or by facsimile
verified by electronic confirmation. All notices shall be addressed to the party at the address
set forth below or at such other addresses as the parties may from time to time direct in
writing by notice given the other. Any notice shall be deemed to have been given on (a)
actual delivery or refusal, (b) three (3) days following the day of deposit in the United States
Mails, (c) the day of delivery to the overnight courier, or (d) the day facsimile delivery is
electronically confirmed.
If to ACHD: Ada County Highway District
3775 Adams Street
Garden City, Idaho 83714
Attn: Right of Way Division
If to Licensee: City of
Meridian
3 G
arQxj��, A Vz. R
15. EXHIBITS: All exhibits attached hereto and the recitals contained herein are
incorporated herein as if set forth in full herein.
16. WARRANTY OF AUTHORITY TO EXECUTE: The person executing this Agreement on
behalf of ACHD represents and warrants due authorization to do so on behalf of ACHD, and
LICENSE AGREEMENT - Page 4
(6/21/12)
that upon execution of this Agreement on behalf of ACRD, the same is binding upon, and
shall inure to the benefit of, ACRD.
The person executing the Agreement on behalf of Licensee represents and warrants due
authorization to do so on behalf of Licensee, and that upon execution of this Agreement on
behalf of Licensee, the same is binding upon, and shall inure to the benefit, of Licensee.
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed
the day, month and year first set forth above.
EXHIBITS
Exhibit A — Depiction of Licensee's Conduit in Relation to ACHD's Right -of -Way
ADA CO HIGHW, Y STRICT
By cca W. Arnold
Its: President
CITY OF MERIDIAN
By: Tam �- eWeerd
Its: May r
LICENSE AGREEMENT - Page 5
(6/21/12)
STATE OF IDAHO
ss.
County of Ada )
0 -
On this day of , 2012, before me, a Ke a
Notary Public in and for the Stat f Idaho, personally appeared, R becca W. Arnold, known or
identified to me to be the President of the Ada County Highway District Board of
Commissioners, the person who executed this instrument on behalf of said District, and
acknowledged to me that the Ada County Highway District executed the same.
IN WITNESS WHEREOF, I have hereunt t my hand and affixed my official seal the day
and year first abover
NoT .
Notar Public for Idaho
Residing at: z
My commission expires: 3 • - .1
.,�. tiC,;
STATE OF IDAHO )
ss.
County of Ada )
On this 10 day of v1` , 2012, before me, Jaycee Holman, a Notary Public in
and for the State of Idaho, personally appeared Tammy DeWeerd, known or identified to me to
be the Mayor of the City of Meridian, the person who executed this instrument on behalf of said
City, and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
first above written. a
VA
w Notary Public for Idaho
Residing at: l
My commission expires:\-rx v%
p
to
The Ada County Highway District (ACHD) is committed to compliance with Title VI of the Civil
Rights Act of 1964 and related regulations and directives. ACHD assures that no person shall
on the grounds of race, color, national origin, gender, disability or age, be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination under any
ACHD service, program or activity.
LICENSE AGREEMENT - Page 6
(6/21/12)
EXHIBIT "A"
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Meridian City Council Meeting
DATE: July 10, 2012 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE:
Approval of Task Order 10340 for Professional Design Services for "Water Treatment
Equipment Specification and Design of New Iron and Manganese Removal Treatment
Facility" to CH2M HILL Engineers, Inc. for a Not -To -Exceed amount of $272,000.00
MEETING NOTES
+04
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Memo
To:
Jaycee L. Holman, City Clerk,
From:
Keith Watts, Purchasing Manager
CC:
Jacy Jones, Clint Worthington
Date:
7/5/12
Re:
July 10 City Council Agenda Item
The Purchasing Department respectfully requests that the following item be placed on the
July 101" City Council Consent Agenda for Council's consideration.
Approval of Task Order 10340 for Professional Design Services for "Water Treatment
Not -To -Exceed amount of $272.000.00.. The work will be completed in 2 phases.
$111,400.00 is available in the FY12 budget and will be completed as Phase 1. It is
anticipated that Council will approve the remainder of $160,600.00 in the FY13
budget. Thins 2"d phase of work is subject to Council approval of the FY13 budget
prior to the 2nd phase commencing. This Task Order is issued in conjunction with the
Master Agreement dated December 6, 2011.
Recommended Council Action: Approval of Task Order 10340 and authorize
the Mayor to sign for the Not -To -Exceed amount of $272,000.00.
Thank you for your consideration.
0 Page 1
E T
Public HO
Works Department
TO: Purchasing
FROM: Clint Worthington, Staff Engineer I1
DATE: June 22, 2012
Mayor Tammy de Weerd
City Council Membern
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
SUBJECT: TASK ORDER 10340A FOR THE DESIGN OF THE WELL 21 WATER
TREATMENT FACILITY WITH C112M HILL, FOR A NOT -TO -EXCEED
AMOUNT OF $111,400, PER THE MASTER AGREEMENT DATED
DECEMBER 6, 2011.
PLEASE PLACE ON THE NEXT AVAILABLE CONSENT AGENDA
I. DEPARTMENT CONTACT PERSONS
Clint Worthington, Staff Engineer (Project Manager) 489-0349
Kyle Radek, Assist City Engineer 489-0343
Warren Stewart, PW Engineering Manager 489-0350
Tom Barry, Director of Public Works 489-0372
II. DESCRIPTION
A. Back rg ound
This project was initiated to begin the process of mitigating brown water in the
water system by improving the water quality supplied by Well 21. When
adequate chlorine residuals are provided for disinfection in the distribution
system, Iron and Manganese precipitate into the supply water resulting in brown
or black water coloration. Although there are no known health threats from these
elements, they can cause staining on plumbing fixtures, laundry and cause
unpleasant taste and smell. The primary purpose and justification for this project
is to improve customer satisfaction by reducing water quality issues created by
Iron and Manganese precipitation in our water supply. The project consists of
constructing an Iron and Manganese Filter to remove excess levels of the
constituents from supply water before entering the distribution system. Well 21
was selected as the highest priority well for treatment because it contains high
Page I of 2
levels of Iron and Manganese and is a major supplier to the City's largest
pressure zone (zone 2).
B. Proposed Project
The proposed project will be the FY 2012 portion of the design of an Iron and
Manganese Treatment Facility at Well 21. The remaining design work and
construction will take place in FY 2013 and will be included in the FY 2013
budget.
III. IMPACT
A. Strategic Impact:
This project supports the Public Works Mission and Vision for enhancing and
protecting water quality.
B. Service/Delivery Impact:
This project will improve the water quality delivered to our customers and allow
us to maintain stable disinfectant residuals throughout the water system.
C. Fiscal Impact:
Project Costs
Well 21 Treatment Design(FY 2012) Not -to -exceed $111,400
Well 21 Treatment Design(FY 2013) Not -to -exceed $160,600
Well 21 Treatment Construction(FY 2013) Estimate $900,000
Project Funding
Well 21 Water Treatment (60-3490-96121) $111,400
Total Funding(FY 2012) $111,400
IV. TIME CONSTRAINTS
Council approval will allow this project, to begin the design portion of the treatment
facility and allow us to stay on schedule for the completion of construction by the
end of FY 2013.
V. LIST OF ATTACHMENTS
A. Task Order 10340a
B. PO Requisition
Approved for Council Agenda: 1 -
4 D to
Page 2 of 2
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TASK ORDER NO. 10340
Pursuant to the
MASTER AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
CITY OF MERIDIAN (OWNER) AND CH2M HILL ENGINEERING, INC. (ENGINEER)
This Task Order is made this Td day of July, 2012 and entered into by and between the City of
Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter
referred to as "City", and accepted by (CH2M HILL ENGINEERING, INC.),hereinafter referred
to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the
Master Agreement (Category 1B) between the above mentioned parties dated December 6,
2011. The Project Name for this Task Order 10340 is as follows:
CITY OF MERIDIAN
WELL 21
WATER TREATMENT EQUIPMENT AND DESIGN OF NEW IRON
AND MANGANESE REMOVAL TREATMENT FACILITY
PROJECT UNDERSTANDING
Over the years, the City of Meridian water distribution system has experienced water quality
issues related to the precipitation of iron and manganese from its groundwater sources. This
precipitation is the cause of brown water events, reduced chlorine residuals and customer
dissatisfaction. The City conducted a pilot study in September 2011 to better understand these
constituents, as they pertain to the City's source specific water chemistry, and to help identify
possible water treatment options to mitigate them from the distribution system.
The purpose of this project is to assist the City in implementing new water treatment
technology at Well 21. The project will consist of assisting the City in:
(1) Determining and specifying performance requirements for treatment of iron and
manganese removal at Well 21.
(2) Selection and procurement of a treatment system for iron and manganese removal from
an equipment supplier through a City -led competitive bid process.
(3) Preparing a technical design and construction document package to support the
selection of a general construction contractor through a City -led competitive bid process
for the construction of a new facility adjacent to Well 21.
Task Order 10340 Well 21 Water Treatment Design Page 1 of 17
CH2M Hill
General Approach
CH2M HILL has outlined the following tasks to work with the City to design the iron and
manganese removal facility at Well 21:
Task 1 — Project Management and Administration
Task 2 — Conduct Pilot Test
Task 3 — Prepare Iron and Manganese Removal Equipment Procurement Package
Task 4 — Assistance during the Equipment Procurement Bidding Process
Task 5 — Assistance in the Selection of Iron and Manganese Removal Equipment
Task 6 — Survey and Mapping
Task 7 — Preparation of a Conceptual Design Report and 30% Drawings
Task 8 — Preparation of Final Design for 90% and 100% Submittal
Task 9 — Assistance during the Bidding for the Construction of the Water Treatment Facility
ASSUMPTIONS
Project Scoping Assumptions
1. The City will provide CH2M HILL updated water quality information for the City wells obtained
since the September 2011 Pilot Testing.
2. The City will provide CH2M HILL a set of record drawings for Well 21, including the well
construction log and the pump station.
3. The City will provide CH2M HILL the pump curve and pump setting information for the well pump
as currently installed.
4. The City will provide CH2M HILL available topographic mapping for the project site as a reference.
5. The City will provide CH2M HILL a legal description for the existing Well 21 site plan or for the
parcel upon which Well 21 is located.
6. CH2M HILL will provide as a part of their scope of service a survey and base mapping of the
project site and the new drain line outfall corridor to the sewer east of the project site. The survey
for the drain line outfall will include the preparation of legal description for the drain line outfall
easement to the sewer.
7. The City will provide CH2M HILL historical geotechnical reports and/or drilling logs for the Well 21
pump station. It is assumed that adequate geotechnical data will be contained in the historical
records to support the design of the new factility. No new geotechnical field exploratory work will
be performed as part of this scope of work.
8. The City will provide CH2M HILL a copy of the City's Legal "Boiler Plate" specifications for
construction contracts, including general conditions and bidding requirements of the Contract for
reference to aid in CH21VI HILL's preparation of the technical specifications.
9. The City will provide CH2M HILL a copy of the City's Standard and Codes that the project design
will need to comply with for reference.
10. The City will handle and coordinate all permits and approvals needed for the project including the
Nampa Meridian Irrigation District.
11. The City will handle and coordinate all project reviews with City Departments.
12. The bidding of the iron and manganese removal water treatment equipment will be open to both
greensand and adsorptive types of water treatment systems that meet specified performance
requirements.
Task Order 10340 Well 21 Water Treatment Design Page 2 of 17
CH2M Hill
13. CH2M HILL will provide pilot testing equipment, chemical feed equipment, and field
analytical equipment for the pilot test period. Pilot testing will include columns for both
greensand and adsorptive (manganese dioxide).
14.The City will provide site access for CH2M HILL to locate equipment and personel at Well
21 to perform the pilot test. The City will also provide power (110 VAC) for injection
equipment and lighting.
15. CH2M HILL will prepare and provide electronic copies to the City of the technical specifications,
including General Requirements Division 1, to bid the iron and manganese removal water
treatment equipment.
16. The City review period for the draft technical specifications to the equipment procurement
packages will be 3 days in duration and will occur concurrently with CH2M HILL's internal QC
review period.
17. The City will incorporate CH2M HILL's technical specifications into a Contract Document using the
City's legal contracting boiler plate. It is assumed that the City will prepare/finalize the front end
specifications, bidding and legal requirements, and other portions of the bid package and contract
documents to supplement the drawings and technical specifications prepared by CH2M HILL.
18. The City will handle the distribution of the Contract Documents to bid and procure the iron and
manganese removal water treatment equipment.
19. CH2M HILL will provide technical assistance to the City to respond to technical questions during
the water treatment equipment bid period including assistance in preparing up to two technical
addenda.
20. CH2M HILL will review the bids received to provide water treatment equipment, meet with the City
to review our technical review comments, and make a recommendation for award.
21. Following a review of the bids received for the water treatment equipment, the City will award and
execute the Agreement to purchase the equipment from the successful bidder.
22. The design of the iron and manganese removal water treatment facility will include a conceptual
design and a final design.
23. The City will provide guidance to CH2M HILL on the requirements of the instrumentation and
controls and SCADA for the project.
24. The conceptual design will serve as the Preliminary Engineering Report for submittal to the Idaho
Department of Environmental Quality (IDEQ).
25. CH2M HILL will review the final submittals from the successful water treatment equipment bidder
during the conceptual (30%) design task.
26. The conceptual design will include site plan, floor plan, survey, P&ID's, and cost estimate.
27. Review comments provided by the City and the IDEQ will be incorporated into the subsequent
90% design package.
28. The final design package will include a 90% and 100% deliverable to the City.
29. The 90% design package will include an updated cost estimate.
30. Review comments from the 90% final design by the City will be incorporated into the 100% design
package.
31. The City review period for the 30% and 90% packages will be 5 days in duration and will occur
concurrently with CH2M HILL's internal QC review period.
32. The iron and manganese removal equipment will be housed in a separate building adjacent to the
existing Well 21 building.
33. The wastewater from the facility will be sent to the existing sanitary sewer main approximately 500
feet east of Well 21. It is assumed that the existing sanitary sewer main has adequate capacity to
receive and convey the equipment backwash water.
34. It is assumed that space is available in Well 21 to house the chemical feed facilities for the
new treatment process and that large external storage tanks will not be required.
Furthermore, it is assumed that chemicals required will be small in volume so as not to
Task Order 10340 Well 21 Water Treatment Design Page 3 of 17
CH2M Hill
require sprinkler system installation in either the existing well pump building or in the new
well treatment building.
35. It is assumed that the existing electrical service to the site is capable of accepting the
electrical loads associated with the demands for this new equipment, building, and
associated appurtenances
36. CH21VI HILL will provide the City electronic copies of the technical specifications, including General
Requirements Division 1, and drawings to bid the construction of the iron and manganese removal
water treatment facility.
37. The City will incorporate CH2M HILL's technical specifications and drawings into a Contract
Document using the City's legal contracting boiler plate to bid the construction and startup of the
water treatment facility.
38. The City will handle the distribution of the Contract Documents for the construction of the iron and
manganese removal water treatment facility.
39. CH2M HILL will provide technical assistance to the City to respond to technical questions during
the bid period for the construction of the water treatment facility including assistance in preparing
technical addenda.
40. CH2M HILL will provide technical assistance in the review the bids received to construct the water
treatment facility.
41. Following a review of the bids received for the construction of the water treatment facility, the City
will award and execute the Agreement with the successful bidder.
42. CH2M HILL will execute the work plan presented in this scope of work in a timely manner with the
ultimate goal of having a majority of the construction completed by the general contractor by
September 30, 2013.
43. Services During Construction of the water treatment facility are not included in this Scope of Work.
A separate scope of work and associated budget will be prepared after the bidding of the
construction of the water treatment facility.
SCOPE OF WORK
Task 1: Project Management and Administration
Objective
The scope of this task is to provide the overall project planning, management, coordination of
efforts and the day-to-day administrative tasks required for the project.
Development and Maintenance of Project Schedule
CH21VI HILL shall prepare a project schedule and submit it to the City for review. The schedule
will show the duration of activities for the different project tasks.
Progress Reports
The project is assumed to require six to eight months for the water treatment equipment
procurement and design of the water treatment facility. CH21VI HILL will prepare written
monthly progress reports. The reports will include the following items:
• A written description of the progress of the work accomplished to date
• A summary of project issues and concerns that need to be resolved
Task Order 10340 Well 21 Water Treatment Design Page 4 of 17
CH2M Hill
• A summary of changes in contract amount or time (if applicable)
Invoicing
CH2M HILL will prepare monthly invoices for work completed and submit them to the City.
Deliverables for this Task
• Progress reports and detailed billing summary
Task 2 — Conduct Pilot Test
Objective
To conduct a pilot test of potential treatment or conditioning systems for iron and manganese
removal at Well 21 that will be included as part of the treatment equipment procurement
package (Task 3) to define conditions for bidders.
Approach
CH21M HILL will perform a pilot test at Well 21 for up to one week to determine the
recommended conditions for optimized iron and manganese removal. Processes tested will
include:
• Adsorptive iron and manganese removal with manganese dioxide media.
• Manganese greensand filtration
Testing will be performed using 2 columns (one for each process) at a loading rate of 10
gpm/sf to establish filter performance criteria. One backup test column will be available if
needed due to complications with a primary column. Samples are collected at 30 to 60 minute
intervals throughout the pilot test. The following field tests are normally taken.
Field Testing Parameter Frequency
pH
30 minutes or continuous
Free Chlorine Residual
30 minutes or continuous
Iron, Total
30 to 60 minutes
Manganese
30 to 60 minutes
Alkalinity
Daily
Ammonia
Twice Daily
Chlorine Solution Strength
Daily or more frequently, if concentration is changed.
Hydrogen Sulfide
60 minutes to daily, depending on variability.
Backwash effluent samples will also be collected and analyzed to help in the preparation of
any backwash water treatment, disposal or recycling recommendations.
Analysis
Results of the pilot testing will be analyzed to determine the efficiency of the filter types at
sequestering and removing iron and manganese from the source water. The data will be
presented in tabular and graphical form showing operating conditions, removal effeciencies,
and chlorine dose and residual levels.
Task Order 10340 Well 21 Water Treatment Design Page 5 of 17
CH2M Hill
Reporting
A draft and final Well 21 Pilot Study Report will be prepared detailing the results of the pilot
testing and an analysis of the variables used in the pilot test. The report will include an
evaluation of the technical feasibility of using the treatment processes on the source water and
development of a basis of design. The Pilot Study Report will be in a format suitable for review
by City staff and management. The final report will be provided to the Idaho Department of
Environmental Quality as an attachment to the Preliminary Engineering Report (Task 7).
Deliverables for this task
• Draft and final Well 21 Pilot Study Report
Expenses
• Rental truck allowance of $700 for trailering pilot test equipment to and from site.
• Fuel allowance of $320 for trailering pilot test equipment.
• Airfare allowance of $300 for treatment process engineer to facilitate test setup and
startup.
• Meal allowance of $360 for test technician is included for the 8 field days projected
including travel days. Meal allowance of $70 for treatment process engineer to facilitate
setup and startup.
• Lodging allowance of $640 for test technician is included for the 8 field days projected
including travel days. Lodging allowance of $100 for treatment process engineer.
• An equipment allowance of $1,000 is included to cover potential testing equipment
replacement, repair, etc.
• A $500 laboratory test allowance is included in the event that samples require outside
testing due to onsite testing complications
Task 3 - Prepare Iron and Manganese Removal Equipment
Procurement Package
Objective
To prepare technical specifications to solicit bids for water treatment equipment for the Well 21
treatment project through a competitive bidding process.
Approach
CH2M HILL will prepare a draft performance specification for equipment and review it with the
City in a Workshop. It is anticipated that the specification will include;
• A range of expected well water quality
• The results of the Well 21 pilot testing (Task 2)
• Well flow and pressure information
• Requirements for removal of iron and manganese
• Requirements for identifying and defining treatment system operational and
maintenance costs
• Limitations on backwash flow and volume that are allowed
Task Order 10340 Well 21 Water Treatment Design Page 6 of 17
OH2M Hill
• Requirements for a guaranty of treatment performance based on well pilot test
performed by CH2M HILL (Task 2)
• Penalties for not meeting the treatment guaranty
• Minimum qualifications for bidders
• Evaluation criteria for selection of the preferred equipment supplier
• Requirements for submittals, training, start-up and treatment assistance.
Deliverables for this task
• Draft and final technical performance specification for treatment equipment in electronic
(PDF) format
Task 4 — Assistance during the Equipment Procurement
Bidding Process
Objective
To assist the City, during the bidding process for the procurement of water treatment
equipment, in responding to technical questions from prospective bidders.
Approach
The City will facilitate the equipment procurement bidding process and field all questions
during the bidding process. CH21VI HILL will assist the City in responding to technical questions
that the City is unable to answer through the review of the Contract Document. For purposes of
developing this scope of work and budget we have assumed 18 hours.
Deliverables for this task
• Written responses to technical questions.
Task 5 — Assistance in the Selection of the Iron and
Manganese Removal Equipment
Objective
Assist the City in selecting the supplier for the treatment equipment for the Well 21 following
receipt of bids through the competitive bidding process.
Approach
CH2M HILL will assist the City in reviewing the technical information received with the bids for
the water treatment equipment. It is anticipated that the technical information will include:
• Bidders qualifications
• General product information
• General layout drawings
• Product performance information
• Treatment system operational and maintenance costs
• Example project installations
Task Order 10340 Well 21 Water Treatment Design Page 7 of 17
CH2M Hill
• References
Deliverables for this task
• Technical evaluation of treatment equipment submittals and recommendation of
Preferred Treatment Equipment Supplier.
Task 6 - Survey and Mapping
Objective
Prepare base mapping for the design of the water treatment facility at the well site and for the
drain line outfall alignment to the existing sanitary sewer east of the project site.
Approach
CH2M HILL will subcontract the survey and mapping task for the project including preparation
of a legal description for the drain line outfall easement. It is anticipated that the effort will
include;
• Field work to gather onsite topographical information based on NAD 83 state plane
coordinates, NAVD 88 elevations
• Field work to gather existing exposed and buried utilities identified by the local utilities
coordinator
• Field work to locate existing observable features such as building corners, sidewalks,
fences, edge of roadways, power poles, and utility boxes
• Prepare a topographic field map depicting contours, located utilities, and located
surface features.
• The City will coordinate access to the site with adjacent property owners
Deliverables for this task
Base mapping pdf with 0.5 foot contours intervals of the project site including the drain
line outfall to the existing sanitary sewer approximately 500 feet east of the project.
Legal description of the easement for the drain line outfall.
Expenses
• Reproduction and plotting allowance of $50
• RTK equipment recovery allowance of $251
• Total Station equipment recovery allowance of $134
• Vehicle charge allowance of $150 (3 days at $50/day)
Task 7 - Preparation of a Conceptual Design Report and
30% Drawings
Objective
The objective of this task is to provide a conceptual design report and 30% design drawings for
the facility.
Task Order 10340 Well 21 Water Treatment Design Page 8 of 17
CH2M Hill
Approach
The conceptual design will be developed in a workshop approach with the City. The single
workshop will address:
Building layout and equipment selection
Site layout
30% design drawings:
o Title Sheet
o Site Civil Plan
o Design Criteria
o P&ID
o Building Layout
o Building Elevation
The results of the workshop will be developed into a conceptual design report for City and
IDEQ approval. The Conceptual Design Report will identify design criteria, site constraints,
code requirements for the City of Meridian, permitting requirements for the City of Meridian, a
list of equipment to be provided in the facility along with their electrical requirements, and a
description of the operation, maintenance and control of the facility. A conceptual level cost
estimate will also be provided in the Conceptual Design Report. Six copies of the Conceptual
Design Report will be submitted to the City for initial review. Following the City's review the
report will be updated and provided to the City for submission to the IDEQ as the Preliminary
Engineering Report for approval.
Deliverables for this Task
• Conceptual Design Report and 30% Design Drawings for City and IDEQ Approval
Task 8 - Preparation of the Final Design for 90% and 100%
Submittal
Objective
CH2M HILL will conduct the civil, mechanical, electrical, and structural engineering to design
and prepare technical plans and specifications for the construction of a 2,000 gpm treatment
facility for iron and manganese removal at Well 21. The facilities included in the design will be
as described in the Conceptual Design Report from Task 7. Design elements will include the
following.
City -Selected (following Task 5) iron and manganese removal equipment including
filters, media, backwash controller, backwash flow meter, backwash flow control,
pressure relief valve, and other related appurtences.
2. Electrical power and controls for the new treatment and building equipment.
3. A new building constructed of CMU with a shingled roof to match or blend with the
architecture of the existing building for Well 21.
Task Order 10340 Well 21 Water Treatment Design Page 9 of 17
CH2M Hill
4. Lighting, heating and ventilation for the new building. Lighting is assumed to be
industrial, chemically resistant fluorescent lighting. Heating is assumed to be ceiling
mounted industrial electrical space heaters. Ventilation will be provided by wall and
ceiling vents.
5. On-site yard piping improvements needed for the new treatment equipment.
6. Drain line to the existing sanitary sewer main.
An assumed list of design drawings is attached (Attachment A). Drawings and specifications
will be submitted to the City for review and approval at 90% and 100% completion. Up to 6
hard copies of the 90% submittals will be provided to the City and 6 sets of the 100%
submittal, plus an electronic copy of the 100% submittal will be provided. The City will submit
final drawings and specifications to the Idaho Department of Environmental Quality for review
and approval. An engineer's estimate of cost will be updated and submitted with the 90%
documents. It is assumed the City will require 5 days for review of the 90% submittal and the
State will require up to 30 days for review of the 100% submittal.
Task 8.1: 90% Design
The purpose of this task is to utilize the project decisions that were made in the conceptual
design task to complete and finalize the preliminary calculations of the conceptual design and
develop the project design to achieve a true "design freeze" at the conclusion of the 90%
Design. Structures, equipment, major plant piping, process, site plan are all finalized during
this phase to allow final detailing of the same during the 100% design activities. Specific
activities, and work products from 90% design include the following:
Design Management
• Update work plan.
• Conduct constructability review.
• Conduct operability review.
• Update construction cost estimate.
Civil and Site Development
• Finalize building, and major site element horizontal locations.
• Finalize floor/control levels and finished grades.
• Define contractor staging, storage, access, and off-site access corridors.
• Prepare site grading drawing.
• Prepare yard piping and plant drain layouts.
• Prepare access road revisions to building.
• Prepare technical specifications.
• Review design and work products with and seek approval from quality control reviewer.
Task Order 10340 Well 21 Water Treatment Design Page 10 of 17
CH2M Hill
Architectural
• Finalize building floor plan and elevations for building.
• Coordinate with structural engineer to finalize the structural design concepts for the building.
• Review applicable codes for the building with local code officials and fire marshal. Complete
building and fire code analysis.
• Prepare technical specifications.
• Review design and work products with and seek approval from quality control reviewer.
Structural
• Coordinate with geotechnical engineer to finalize foundation design criteria for proposed facilities.
Review available geotechnical information and discuss foundation design approach with
geotechnical engineer and senior structural reviewer
• Complete structural design for new building and selection of materials of construction.
• Prepare framing plan for building.
• Prepare final floor plan for building.
• Prepare technical specifications.
• Review design and work products with and seek approval from quality control reviewer.
Process
• Final major equipment sizing calculations.
• Coordinate with I&CS on completion of P&IDs.
• Review design and work products with and seek approval from quality control reviewer.
Mechanical
• Calculate the hydraulic profile for all -major gravity process pipelines and hydraulic structures.
Establish maximum and minimum water surface elevations for all process tanks.
• Coordinate with architectural and structural team on preparation of building layout.
• Assemble catalog cuts for all major process equipment. Complete equipment data sheets or
equipment list on all major equipment items.
• Coordinate with I&CS in the finalization of P&IDs
• Finalize ancillary equipment sizing and line sizing calculations.
• Finalize equipment selection (type, size, weight, arrangement).
• Finalize selection of piping materials.
• Prepare technical specifications.
• Review design and work products with and seek approval from quality control reviewer.
Task Order 10340 Well 21 Water Treatment Design Page 11 of 17
CH2M Hill
HVAC/Plumbing
• Prepare sizing calculations for heating and ventilating equipment based on energy code
requirements and selected building construction materials. Prepare heating and ventilating
equipment data sheets and cut sheets.
• Prepare technical specifications for heating and ventilating and plumbing.
• Review design and work products with and seek approval from quality control reviewer.
Instrumentation and Control
• Finalize hand annotated internal reference P&IDs for internal coordination use.
• Prepare 1/0 count. Size and locate 1/0 locations for distributed control systems (DCS). Coordinate
1/0 rack room sizing with electrical and architectural disciplines.
• Update/finalize control system block diagram. Finalize typical control diagrams/loop diagrams for
each type of control scheme to be used.
• Define control interfaces for all package systems with local controls.
• Prepare technical specifications.
• Review design and work products with and seek approval from quality control reviewer.
Electrical
• Prepare one -line diagram for the facility. Coordinate with lead process engineers to size equipment
motors.
• Prepare detailed electrical load calculations.
• Coordinate with I&C discipline to determine space requirements and locations for control
equipment. Locate major 1/0 termination panels, TJB's, and control panels.
• Define/document requirements and concepts for special systems: SCADA and Fire alarm system.
• Submit load calculations and one -lines to electric utility for review. Identify routing for electrical
conduit. Locate incoming power service and primary power transformers. Coordinate with civil
yard piping. Locate manholes and hand holes.
• Prepare lighting layout.
• Prepare technical specifications for interior lighting.
• Review design and work products with and seek approval from quality control reviewer.
90% Design Workshop
CH2M HILL will conduct a half day design workshop to review the work products with the City's
personnel and other key project staff. Workshop minutes including the City's comments will be
prepared and refinements will be incorporated into the 100% Contract Documents.
Task Order 10340 Well 21 Water Treatment Design Page 12 of 17
CH2M Hill
Task 8.2: 100% Contract Document Preparation
The purpose of this task is to develop the final technical contract drawings and specifications
for competitive bidding. Key activities during this phase will include:
Design Management
• Update work plan.
• Conduct final reviews and adjudicate 90% design review comments.
Contract Document Completion
• Prepare final construction drawings.
• Prepare final technical specifications.
• Prepare final calculations.
• Complete final checking and coordination review.
Incorporation of Final Review Comments
CH21VI HILL will modify the contract documents to reflect all agreed upon 90% review
comments from the City, and CH21VI HILL's quality control review team. The final documents
will then be provided to the City for submission to the IDEQ for review and approval.
Task 9 - Assistance during the Bidding for the
Construction of the Water Treatment Facility
Objective
To assist the City, during the bidding process for the construction of the new water treatment
facility, in responding to technical questions from prospective bidders.
Approach
The City will facilitate the bidding process and field all questions during the bidding process.
CH2M HILL will assist the City in responding to technical questions that the City is unable to
answer through review of the Contract Document. For purposes of developing this scope of
work and budget we have assumed 37 hours.
Deliverables for this task
• Written responses to technical questions submitted during the bidding.
Services During Construction
Services during construction of the water treatment facility are not included in this scope of
work. CH21VI HILL will submit a separate scope and budget for these services prior to the start
of construction activities.
Task Order 10340 Well 21 Water Treatment Design Page 13 of 17
CH2M Hill
TIME OF COMPLETION and COMPENSATION SCHEDULE
The following schedule is based on a Notice to Proceed (NTP) from the City by June 2012 and
resulting in Final Design being completed by DECEMBER 2012. A NTP issued on a different
date will change the schedule accordingly.
iroMPN3ATiatatAND CaIU(hRT1oGFIDI�LE
WHO
=Task '. Description
Date
Expenses
Compensation
=. f- Project Management and Administration
• March 2013
• $25,000
2 r' Conduct Pilot Test
• June 2012
$3,990
• $16,510
3 Prepare Iron and Manganese Removal Equipment Procurement
• July 20, 2012
• $14,100
Package
Assistance During the Equipment Procurement Bidding Process
August 21, 2012
$2,900
Assistance in the Selection of Iron and Manganese Removal
August 28, 2012
$2,500
n,iT�:7 Equipment
=6 Surveying and Mapping
July 5, 2012
$73000
= 7 - Preparation of a Conceptual Design Report and 30% Drawing
• October 9, 2012
• $51,300
Preparation of Final Design for 90% and 100% Submittal
• December 18,
• $140,400
-
2012
9 - Assistance during the Bidding for the Construction of the Water
• March 8, 2012
• $8,300
Treatment Facility
St�t)1#11
X10,990
•=$261 Dib __
ORDER
TOTAL $272;O06
CH2M HILL acknowledges that the City will authorize this Task Order in two phases per the
following description:
Phase 1 — Portion of Task 1 up to $13,100 and all of Tasks 2 through 7 for a total Not -To -
Exceed Phase 1 amount of $111,400
Phase 2 — Remaining Portion of Task 1 at $11,900 and all of Tasks 8 and 9 fora total Not -
To -Exceed Phase 2 amount of $160,600
Phase 1 activities will be funded and authorized for execution during the remainder of this City
fiscal year (ending September 30, 2012). Authorization of Phase 2 activities by the City is
dependent upon Council approval for additional project funding for next fiscal year (October 1,
2012 through September 30, 2013).
Task Order 10340 Well 21 Water Treatment Design Page 14 of 17
CH2M Hill
The Not -To -Exceed amount to complete all services listed above for this Task Order No.
10340 is two hundred seventy two thousand dollars ($272,000.00). No compensation will be
paid over the Not -to -Exceed amount without prior written approval by the City in the form of a
Change Order. The hourly rates for services and direct expenses are per the Master
Agreement (by this reference made a part hereof) and will be the basis for any additions and/or
deletions in services rendered. Travel, meals, and other expenses are indicated in the
expense column above. All travel and meal expenses will only be paid for out of town travel &
personnel brought in for this project, and must be pre -approved by the City Project Manager.
CITY OF MERIDIAN
BY: `!Z'
TAMMY deRD, MAYOR
r-1
Dated: I — i o— iQL-
Approved by Council:
3�np$ED
9
HOLMAN, CITY CLERK A DgND
SEAL
Purchasin Ap roval
BY: BY:
KEIT A TS, Pu-rcVagrng Mana er WA
City Project Manager
Task Order 10340 Well 21 Water Treatment Design
CH2M Hill
ERING , Inc.
op&y.hars lP.Ader
7.$,
Engineering Manager
Dated:��/ "2_
Page 15 of 17
Attachment A
Proposed Drawing List for Final Design
1.
Cover Sheet, Location Map, Vicinity Map, and Sheet Index
2.
Abbreviations
3.
Civil Legend and Notes
4.
Architectural Legend and Notes
5.
Structural Design Criteria and Notes
6.
Quality Assurance Plan
7.
Quality Assurance Plan
8.
Mechanical Legend and Notes
9.
Electrical Legend 1
10.
Electrical Legend 2
11.
Instrumentation Legend 1
12.
Instrumentation Legend 2
13.
Site Plan, Yard Piping, Grading
14.
Overflow Outfall Line Plan and Profile
15.
Civil Details
16.
Architectural/Structural Floor Plan
17.
Architectural/Structural Roof Framing Plan
18.
Architectural Elevations
19.
Architectural/Structural Building Sections
20.
Architectural/Structural Details
21.
Door and Hardware Schedules and Building Code Analysis
22.
Mechanical and HVAC Plan
23.
Mechanical Sections
24.
Mechanical Sections
25.
Mechanical Details
26.
Mechanical Details
27.
Electrical Site Plan
28.
One Line Diagram
29.
Power and Control Plan
30.
Lighting and Receptacle Plan
31.
Panel Schedule and Control Diagrams
32.
Treatment P&ID
33.
Chemical Feed P&ID
34.
Standard Details - Civil
35.
Standard Details - Structural
36.
Standard Details - Structural
37.
Standard Details - Mechanical
Task Order 10340 Well 21 Water Treatment Design Page 16 of 17
CH2M Hill
38. Standard Details -Mechanical
39. Standard Details -Electrical
40. Standard Details -Instrumentation
Task Order 10340 Well 21 Water Treatment Design Page 17 of 17
CH2M Hill
Meridian City Council Meeting
DATE: July 10, 2012 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE:
Approval of Award of Bid and Agreement for Independent Contractor Services for
"Well 10B Pumping Facilities Construction" to Star Construction, LLC. for the Not -To -
Exceed amount of $448,186.00
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
Memo
To: Jaycee L. Holman, City Clerk,
From: Keith Watts, Purchasing Manager
CC: Jacy Jones, Brent Blake
Date: 7/5/12
Re: July 101h City Council Meeting Agenda Item
The Purchasing Department respectfully requests that the following item be placed on the
July 10'h City Council Consent Agenda for Council's consideration.
Approval of Award of Bid and Agreement for Independent Contractor Services for
"Well 10B Pumping Facilities Construction" to Star Construction, LLC for a Not -To -
Exceed amount of $448,186.00. The work will be completed in 2 phases.
$360,825.00 is available in the FY12 budget and will be completed as phase 1. It is
anticipated that Council will approve the remainder of $87,361.00 in the FY13 budget.
This 2nd phase of the work is subject to Council approval of the FY13 Budget prior to
the 2nd phase commencing. This Agreement is the result of formal IFB #PW -12-
10011 D issued June 5`h and opened June 27"'. Four bids were received.
Recommended Council Action: Approval of Agreement and for the Not -To -
Exceed amount of $234,150.00.
Thank you for your consideration
• Page 1
E IDIAN--
Public IDAHO
Works Department
TO: Keith Watts
FROM: Brent Blake
Engineering Technician II
DATE: 7/6/2012
SUBJECT: Project Information; Well 10b Pumping Facilities (Construction)
DEPARTMENT CONTACT PERSONS
Brent Blake, Engineering Technician B (Project Manager) 489-0340
Kyle Radek, Asst. City Engineer 489-0343
Warren Stewart, PW Engineering Manager 489-0350
Tom Barry, PW Director 489-0372
IL DESCRIPTION
Mayor Tammy de Weerd
City Council Member)r
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
A. Back rg ound
Well 10 and the associated pumping facility was originally drilled and constructed in
1977 and produced 1,100 gallons per minute of water to city residents. The well was
taken off line in September 2008 due to uranium concentrations exceeding the 30 ltg/L
maximum contaminant level (MCL) set forth by the Environmental Protection Agency
(EPA).
During 2010 SPF Water Engineering investigated several options to mitigate the uranium
concentrations and provided a report regarding the feasibility of developing a new
production well at the site. After considering all of the options that were presented in the
feasibility report, the Public Works Department decided to develop a new production
well at the site utilizing a deeper aquifer without uranium.
Moving forward with a new production well first required the removal of the existing
pumping facilities. During the removal process, dry rot was encountered throughout the
old wood framed pump house and it was determined that a new pump house was needed.
B. Proposed Project
This project consists of constructing a new pump house, pump and motor, discharge
piping, electrical controls, heating and ventilation system, site improvements and
landscaping. The pump house will also be equipped with a water lubricated vertical
turbine pump delivering approximately 2000 gallons per minute with a 250 horsepower
motor.
Construction of this project will began late in the FY -2012 budget year with completion
anticipated during the early FY -2013 budget year. Therefore, funding for the
Page 1 of 2
construction phase of this project will be allocated from both FY -2012 and FY -2013
budgets as shown in the Fiscal Impact section below.
III. IMPACT
A. Strategic Impact:
This project meets our mission requirements to indentify and prioritize work in order to
anticipate, plan and provide public services and facilities that support the needs of our
growing community, and to ensure modern reliable facilities while maintaining financial
stewardship. A new well at this location will be developed to serve Pressure Zone 3.
This well and associated facilities is needed in order to avoid pumping capacity shortfalls.
U
C.
Service/Delivery Impact:
Development of a high quality source of water supply at this location will serve to
improve water quality to customers and ensure capacity for fire flows.
Fiscal Impacts:
FY 2012 Cost (3490-96167)
FY 2012 Funding (3490-96167)
FY 2013 Cost (3490-96167)
FY 2013 Funding (3490-96167)
Total Construction Cost
Approved for Council Agenda:_ _
nen Stewart
Page 2 of 2
$360,825.00
$360,825.00
$87,361.00
$87,361.00
$448,186.00
7D e
AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES
(WELL 10B PUMPING FACILITIES CONSTRUCTION)
PROJECT # 10011 D
THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made
this 10th day of JULY, 2012, and entered into by and between the City of Meridian, a
municipal corporation organized under the laws of the State of Idaho, hereinafter
referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Star
Construction. LLC, hereinafter referred to as "CONTRACTOR", whose business
address is P O Box 157, Star, ID 83669 and whose Public Works Contractor License
# is C -14428 -AAA -4.
INTRODUCTION
Whereas, the City has a need for services involving WELL 10B PUMPING
FACILITIES CONSTRUCTION; and
WHEREAS, the Contractor is specially trained, experienced and
competent to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
Scope of Work:
1.1 CONTRACTOR shall perform and furnish to the City upon
execution of this Agreement and receipt of the City's written notice to
proceed, all services and work, and comply in all respects, as specified in
the document titled "Scope of Work" a copy of which is attached hereto as
Attachment "A" and incorporated herein by this reference, together with
any amendments that may be agreed to in writing by the parties.
1.2 All documents, drawings and written work product prepared or
produced by the Contractor under this Agreement, including without
limitation electronic data files, are the property of the Contractor; provided,
however, the City shall have the right to reproduce, publish and use all
such work, or any part thereof, in any manner and for any purposes
whatsoever and to authorize others to do so. If any such work is
copyrightable, the Contractor may copyright the same, except that, as to
any work which is copyrighted by the Contractor, the City reservesa
royalty -free, non-exclusive, and irrevocable license to reproduce, publish
and use such work, or any part thereof, and to authorize others to do so.
Well 10b Pumping Facilities - Construction page 1 of 12
Project 10011 D
1.3 The Contractor shall provide services and work under this
Agreement consistent with the requirements and standards established by
applicable federal, state and city laws, ordinances, regulations and
resolutions. The Contractor represents and warrants that it will perform its
work in accordance with generally accepted industry standards and
practices for the profession or professions that are used in performance of
this Agreement and that are in effect at the time of performance of this
Agreement. Except for that representation and any representations made
or contained in any proposal submitted by the Contractor and any reports
or opinions prepared or issued as part of the work performed by the
Contractor under this Agreement, Contractor makes no other warranties,
either express or implied, as part of this Agreement.
1.4 Services and work provided by the Contractor at the City's request
under this Agreement will be performed in a timely manner in accordance
with a Schedule of Work, which the parties hereto shall agree to. The
Schedule of Work may be revised from time to time upon mutual written
consent of the parties.
2. Consideration
2.1 The Contractor shall be compensated on a Not to Exceed basis as
provided in Attachment B "Payment Schedule" attached hereto and by
reference made a part hereof. Compensation is scheduled to be paid
from two different fiscal years, FYI and FYI 3. Currently $360,825 has
been budgeted for this year (FYI 2) and it is anticipated that Council will
approve the budget for the remainder of the project ($87,361) in FYI for
a Not -To -Exceed total of $448,186.00. Therefore, continuation of this
contract past the FYI budget amount of $360,825 is subject to the
appropriation of funds for such purpose by the City Council. If funds to
effect such continued payment are not appropriated, CITY may terminate
this Agreement as thereby affected and Contractor will relieve CITY of any
further obligation.
Contractor must NOT complete work that exceeds $360,825 prior to October
1, 2012. It is the contractor's responsibility to schedule all work and to
adhere to the schedule and the amounts listed above.
2.2 The Contractor shall provide the City with a monthly statement, as
the work warrants, of fees earned and costs incurred for services provided
during the billing period, which the City will pay within 30 days of receipt of
a correct invoice and approval by the City. The City will not withhold any
Federal or State income taxes or Social Security Tax from any payment
made by City to Contractor under the terms and conditions of this
Agreement. Payment of all taxes and other assessments on such sums is
the sole responsibility of Contractor.
Well 10b Pumping Facilities - Construction page 2 of 12
Project 10011 D
2.3 Except as expressly provided in this Agreement, Contractor shall
not be entitled to receive from the City any additional consideration,
compensation, salary, wages, or other type of remuneration for services
rendered under this Agreement including, but not limited to, meals,
lodging, transportation, drawings, renderings or mockups. Specifically,
Contractor shall not be entitled by virtue of this Agreement to
consideration in the form of overtime, health insurance benefits,
retirement benefits, paid holidays or other paid leaves of absence of any
type or kind whatsoever.
Term:
3.1 This agreement shall become effective upon execution by both
parties, and shall expire upon (a) completion of the agreed upon work,
(b) unless sooner terminated as provided below or unless some other
method or time of termination is listed in Attachment A.
3.2 Should Contractor default in the performance of this Agreement or
materially breach any of its provisions, City, at City's option, may
terminate this Agreement by giving written notification to Contractor.
3.3 Should City fail to pay Contractor all or any part of the
compensation set forth in Attachment B of this Agreement on the date
due, Contractor, at the Contractor's option, may terminate this Agreement
if the failure is not remedied by the City within thirty (30) days from the
date payment is due.
3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED
DAMAGES
Upon receipt of a Notice to Proceed, the Contractor shall have 150 (one
hundred fifty) calendar days to complete the work as described herein.
Contractor shall be liable to the City for any delay beyond this time period
in the amount of five hundred dollars ($500.00) per calendar day. Such
payment shall be construed to be liquidated damages by the Contractor in
lieu of any claim or damage because of such delay and not be construed
as a penalty.
4. Termination:
4.1 If, through any cause, CONTRACTOR, its officers, employees, or
agents fails to fulfill in a timely and proper manner its obligations under
this Agreement, violates any of the covenants, agreements, or stipulations
of this Agreement, falsifies any record or document required to be
prepared under this agreement, engages in fraud, dishonesty, or any
other act of misconduct in the performance of this contract, or if the City
Council determines that termination of this Agreement is in the best
Well 10b Pumping Facilities - Construction page 3 of 12
Project 10011 D
interest of CITY, the CITY shall thereupon have the right to terminate this
Agreement by giving written notice to CONTRACTOR of such termination
and specifying the effective date thereof at least fifteen (15) days before
the effective date of such termination. CONTRACTOR may terminate this
agreement at any time by giving at least sixty (60) days notice to CITY.
In the event of any termination of this Agreement, all finished or
unfinished documents, data, and reports prepared by CONTRACTOR
under this Agreement shall, at the option of the CITY, become its
property, and CONTRACTOR shall be entitled to receive just and
equitable compensation for any work satisfactorily complete hereunder.
4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of
liability to the CITY for damages sustained by the CITY by virtue of any
breach of this Agreement by CONTRACTOR, and the CITY may withhold
any payments to CONTRACTOR for the purposes of set-off until such
time as the exact amount of damages due the CITY from CONTRACTOR
is determined. This provision shall survive the termination of this
agreement and shall not relieve CONTRACTOR of its liability to the CITY
for damages.
5. Independent Contractor:
5.1 In all matters pertaining to this agreement, CONTRACTOR shall be
acting as an independent contractor, and neither CONTRACTOR nor any
officer, employee or agent of CONTRACTOR will be deemed an
employee of CITY. Except as expressly provided in Attachment A,
Contractor has no authority or responsibility to exercise any rights or
power vested in the City and therefore has no authority to bind or incur
any obligation on behalf of the City. The selection and designation of the
personnel of the CITY in the performance of this agreement shall be
made by the CITY.
5.2 Contractor, its agents, officers, and employees are and at all times
during the term of this Agreement shall represent and conduct themselves
as independent contractors and not as employees of the City.
5.3 Contractor shall determine the method, details and means of
performing the work and services to be provided by Contractor under this
Agreement. Contractor shall be responsible to City only for the
requirements and results specified in this Agreement and, except as
expressly provided in this Agreement, shall not be subjected to City's
control with respect to the physical action or activities of Contractor in
fulfillment of this Agreement. If in the performance of this Agreement any
third persons are employed by Contractor, such persons shall be entirely
and exclusively under the direction and supervision and control of the
Contractor.
Well 10b Pumping Facilities - Construction page 4 of 12
Project 10011 D
6. Indemnification and Insurance:
6.1 CONTRACTOR shall indemnify and save and hold harmless CITY
from and for any and all losses, claims, actions, judgments for damages,
or injury to persons or property and losses and expenses and other costs
including litigation costs and attorney's fees, arising out of, resulting from,
or in connection with the performance of this Agreement by the
CONTRACTOR, its servants, agents, officers, employees, guests, and
business invitees, and not caused by or arising out of the tortious conduct
of CITY or its employees. CONTRACTOR shall maintain, and specifically
minimum amounts as follow: General Liability One Million Dollars
($1,000,000) per incident or occurrence, Automobile Liability Insurance
One Million Dollars ($1,000,000) per incident or occurrence and Workers'
Compensation Insurance, in the statutory limits as required by law.. The
limits of insurance shall not be deemed a limitation of the covenants to
indemnify and save and hold harmless CITY; and if CITY becomes liable
for an amount in excess of the insurance limits, herein provided,
CONTRACTOR covenants and agrees to indemnify and save and hold
harmless CITY from and for all such losses, claims, actions, or judgments
for damages or injury to persons or property and other costs, including
litigation costs and attorneys' fees, arising out of, resulting from , or in
connection with the performance of this Agreement by the Contractor or
Contractor's officers, employs, agents, representatives or subcontractors
and resulting in or attributable to personal injury, death, or damage or
destruction to tangible or intangible property, including use of.
CONTRACTOR shall provide CITY with a Certificate of Insurance, or
other proof of insurance evidencing CONTRACTOR'S compliance with the
requirements of this paragraph and file such proof of insurance with the
CITY at least ten (10) days prior to the date Contractor begins
performance of it's obligations under this Agreement. In the event the
insurance minimums are changed, CONTRACTOR shall immediately
submit proof of compliance with the changed limits. Evidence of all
insurance shall be submitted to the City Purchasing Agent with a copy to
Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho
83642.
6.2 Any deductibles, self-insured retention, or named insureds must
be declared in writing and approved by the City. At the option of the City,
either: the insurer shall reduce or eliminate such deductibles, self-insured
retentions or named insureds; or the Contractor shall provide a bond,
cash or letter of credit guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
6.3 To the extent of the indemnity in this contract, Contractor's
Well 10b Pumping Facilities - Construction page 5 of 12
Project 10011 D
Insurance coverage shall be primary insurance regarding the City's
elected officers, officials, employees and volunteers. Any insurance or
self-insurance maintained by the City or the City's elected officers,
officials, employees and volunteers shall be excess of the Contractor's
insurance and shall not contribute with Contractor's insurance except as
to the extent of City's negligence.
6.4 The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
6.5 All insurance coverages for subcontractors shall be subject to all of
the insurance and indemnity requirements stated herein.
6.6 The limits of insurance described herein shall not limit the liability of
the Contractor and Contractor's agents, representatives, employees or
subcontractors.
7. Bonds: Payment and Performance Bonds are required on all Public
Works Improvement Projects per the ISPWC and the City of Meridian
Supplemental Specifications & Drawings to the ISPWC, which by this
reference are made a part hereof.
Warranty: Contractor must warrant the project per the ISPWC and the
City of Meridian Supplemental Specifications & Drawings to the ISPWC,
which by this reference are made a part hereof.
9. Notices: Any and all notices required to be given by either of the parties
hereto, unless otherwise stated in this agreement, shall be in writing and
be deemed communicated when mailed in the United States mail,
certified, return receipt requested, addressed as follows:
CITY
CONTRACTOR
City of Meridian
Star Construction
Purchasing Manager
Attn: Ancil Irminger
33 E Broadway Ave
P O Box 157
Meridian, ID 83642
Star, ID 83669
208-888-4433
Phone: 208-286-9198
Email: starconstructionllc@gmail.com
Idaho Public Works License # C -14428 -AAA -4
Either party may change their address for the purpose of this paragraph
by giving written notice of such change to the other in the manner herein
provided.
10. Attorney Fees: Should any litigation be commenced between the parties
hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as may be granted, to court costs and
Well 10b Pumping Facilities - Construction page 6 of 12
Project 10011 D
reasonable attorneys' fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract
between the parties and shall survive any default, termination or forfeiture
of this Agreement.
11. Time is of the Essence: The parties hereto acknowledge and agree that
time is strictly of the essence with respect to each and every term,
condition and provision hereof, and that the failure to timely perform any
of the obligations hereunder shall constitute a breach of, and a default
under, this Agreement by the party so failing to perform.
12. Assignment: It is expressly agreed and understood by the parties
hereto, that CONTRACTOR shall not have the right to assign, transfer,
hypothecate or sell any of its rights under this Agreement except upon the
prior express written consent of CITY.
13. Discrimination Prohibited: In performing the Work required herein,
CONTRACTOR shall not unlawfully discriminate in violation of any
federal, state or local law, rule or regulation against any person on the
basis of race, color, religion, sex, national origin or ancestry, age or
disability.
14. Reports and Information:
14.1 At such times and in such forms as the CITY may require, there
shall be furnished to the CITY such statements, records, reports, data and
information as the CITY may request pertaining to matters covered by this
Agreement.
14.2 Contractor shall maintain all writings, documents and records
prepared or compiled in connection with the performance of this
Agreement for a minimum of four (4) years from the termination or
completion of this or Agreement. This includes any handwriting,
typewriting, printing, photo static, photographic and every other means of
recording upon any tangible thing, any form of communication or
representation including letters, words, pictures, sounds or symbols or any
combination thereof.
15. Audits and Inspections: At any time during normal business hours and
as often as the CITY may deem necessary, there shall be made available
to the CITY for examination all of CONTRACTOR'S records with respect
to all matters covered by this Agreement. CONTRACTOR shall permit the
CITY to audit, examine, and make excerpts or transcripts from such
records, and to make audits of all contracts, invoices, materials, payrolls,
records of personnel, conditions of employment and other data relating to
all matters covered by this Agreement.
Well 10b Pumping Facilities - Construction page 7 of 12
Project 10011 D
16. Publication, Reproduction and Use of Material: No material produced
in whole or in part under this Agreement shall be subject to copyright in
the United States or in any other country. The CITY shall have
unrestricted authority to publish, disclose and otherwise use, in whole or in
part, any reports, data or other materials prepared under this Agreement.
17. Compliance with Laws: In performing the scope of work required
hereunder, CONTRACTOR shall comply with all applicable laws,
ordinances, and codes of Federal, State, and local governments.
18. Changes: The CITY may, from time to time, request changes in the
Scope of Work to be performed hereunder. Such changes, including any
increase or decrease in the amount of CONTRACTOR'S compensation,
which are mutually agreed upon by and between the CITY and
CONTRACTOR, shall be incorporated in written amendments which shall
be executed with the same formalities as this Agreement.
19. Construction and Severability: If any part of this Agreement is held to
be invalid or unenforceable, such holding will not affect the validity or
enforceability of any other part of this Agreement so long as the remainder
of the Agreement is reasonably capable of completion.
20. Waiver of Default: Waiver of default by either party to this Agreement
shall not be deemed to be waiver of any subsequent default. Waiver or
breach of any provision of this Agreement shall not be deemed to be a
waiver of any other or subsequent breach, and shall not be construed to
be a modification of the terms of this Agreement unless this Agreement is
modified as provided above.
21. Advice of Attorney: Each party warrants and represents that in
executing this Agreement. It has received independent legal advice from
its attorney's or the opportunity to seek such advice.
22. Entire Agreement: This Agreement contains the entire agreement of the
parties and supersedes any and all other agreements or understandings,
oral of written, whether previous to the execution hereof or
contemporaneous herewith.
23. Order of Precedence: The order or precedence shall be the contract
agreement, the Invitation for Bid document, then the winning bidders
submitted bid document.
24. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq.,
information or documents received from the Contractor may be open to
public inspection and copying unless exempt from disclosure. The Contractor
shall clearly designate individual documents as "exempt" on each page of
such documents and shall indicate the basis for such exemption. The CITY
will not accept the marking of an entire document as exempt. In addition, the
Well 10b Pumping Facilities - Construction page 8 of 12
Project 10011 D
CITY will not accept a legend or statement on one (1) page that all, or
substantially all, of the document is exempt from disclosure. The Contractor
shall indemnify and defend the CITY against all liability, claims, damages,
losses, expenses, actions, attorney fees and suits whatsoever for honoring
such a designation or for the Contractor's failure to designate individual
documents as exempt. The Contractor's failure to designate as exempt any
document or portion of a document that is released by the CITY shall
constitute a complete waiver of any and all claims for damages caused by
any such release.
25. Applicable Law: This Agreement shall be governed by and construed
and enforced in accordance with the laws of the State of Idaho, and the
ordinances of the City of Meridian.
26. Approval Required: This Agreement shall not become effective or
binding until approved by the City of Meridian.
CITY OF MERIDIAN
BY:
TAMMY de RD, MAYOR
Dated: 7— 10 " I a—
Approved by Council:
STAR "Man
BY'
ANCIL
CITY CLERK \
SEAL
yr
re
Purchasing Approval
BY:
KEIT ATTS, Purchas g Manager
Dated:: Z
Well 10b Pumping Facilities - Construction
Project 10011D
72-2oiz-
49
page 9 of 12
Attachment A
SCOPE OF WORK
REFER TO INVITATION TO BID PW -12-10011D
ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the
Invitation to Bid Package # PW -12-10011 D, are by this reference made
a part hereof.
Well 10b Pumping Facilities - Construction page 10 of 12
Project 10011 D
Attachment B
MILESTONE / PAYMENT SCHEDULE
A. Total and complete compensation for this Agreement shall not exceed
$448,186.00.
Well 10b Pumping Facilities - Construction page 11 of 12
Project 10011 D
Contract includes furnishing all labor, materials, equipment, and incidentals as required for the
WELL 10B PUMPING FACILITIES CONSTRUCTION per IFB PW -12-10011 D.
Total FY 12 ...................$360,825
'Pending Council Approval as stated in Paragraph 2.1 Total FY13 ......................$87,361
'CONTRACT TOTAL .......................$
ITEM PRICING BELOW WILL BE USED FOR CHANGE ORDER PRICING ONLY.
Y�ti�3
yyYY 4d
t4 �ti vi C
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M1
Item
No.
Description
Quantity
Unit
Unit Price
201.4.1.C.1.
Removal of Obstructions
1
LS
$10,000
202.4.1.A.1.
Excavation
300
CY
$25
307.4.1.G.1.
Type P Surface Repair
28
SY
$30
401.4.1.A.1.a.
6" Water Main, AWWA C900,
13
LF
DR 18, PVC
$160
401.4.1.A.1.b.
10" Water Main, AWWA C900,
58
LF
DR 18, PVC
$90
401.4.1.A.1.c.
12" Water Main, AWWA C900,
165
LF
DR 18, PVC
$90
402.4.1.A.1.a.
6" Gate Valve
1
EA
$700
402.4.1.A.1.b.
10" Gate Valve
2
EA
$1,550
402.4.1.A.1.c.
12" Gate Valve
2
EA
$1,800
404.4.1.A.1.
1" Water Service Connection
2
EA
$2,750
601.4.1.A.5.
12" PVC, SDR35, By -Pass Drain Pipe
16
LF
$100
706.4.1.A.3.
Standard 6 -inch Vertical Curb
119
LF
No Gutter)$12
706.4.1.G.1.
Concrete Repair
6
SY
$60
Well 10b Pumping Facilities - Construction page 11 of 12
Project 10011 D
802.4.1.A.1.
3/4" Minus Crushed Aggregate Base
113
CY
$40
810.4.1.A.3.
2-1/2" Thick Hot Plant Mix Pavement
509
SY
$20
1001.4.2.A.1.
Staging Area
1
EA
$900
1001.4.2.B.1.
Stabilized Construction Entrance
1
EA
$500
1003.4.1.G.1.
Straw Wattle
390
LF
$2
1006.4.1.C.1.
Catch Basin Insert
2
EA
$150
1102.4.1.A.1.
New Street Light and Junction Box
2
EA
$3,000
2040.4.1.B.1.a.
20' Double Swing Chain Link Gate
1
EA
$1,500
2040.4.1.B.1.b.
4' Single Swing Chain Link Gate
1
EA
$700
SP -1
Vertical Turbine Pump & Motor
1
LS
$70,000
SP -2
Discharge Piping
1
LS
$45,000
SP -3
Pump House
1
LS
$69,062
SP -4
Chlorination Equipment
1
LS
$24,500
SP -5
Electrical
1
LS
$99,500
SP -6
Heating, Ventilation, and Air Conditioning
1
LS
$18,500
SP -7
New By -Pass Structure
1
LS
$2,500
SP -8
Reconnect Existing Sprinkler System
1
LS
$1,000
SP -9
18" Wide Concrete Strip
396
LF
$4,752
SP -10
Permeable Pavers
3,084
SF
$21,588
SP -11
Precast Block Retaining Wall
222
SF
$2,220
SP -12
Landscaping Rock w/ Fabric
202
SF
$606
SP -13
Construction Permits
1
LS
$6,800
Travel expenses, if applicable, will be paid at no more than the City of Meridian's
Travel and Expense Reimbursement Policy.
Well 10b Pumping Facilities - Construction page 12 of 12
Project 10011 D
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DATE: July 10, 2012 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE:
Approval of a Budget Amendment for Contract Legal Services
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
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DATE: Julv 10, 2012
ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE:
Items Moved From Consent Agenda
MEETING NOTES
-411 dy�
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: July 10, 2012 ITEM NUMBER: 6A
PROJECT NUMBER:
ITEM TITLE:
Legal/HR/IT Department: Budget Amendment for Personal Wellness Profile Screenings
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
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Meridian City Council Meeting
DATE: July 10, 2012 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE:
Community Development and Legal Departments: Downtown Right -of -Way
Encroachments, Amenities and Streetscape Improvements - Draft Allowances and
Standards for Sidewalk Cafes and Other Uses on Downtown Sidewalks
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
E IDIAN --
�DAHO
MEMORANDUM
DATE: July 5, 2012
TO: Mayor Tammy de Weerd
City Council Members
CC: City Clerk
FROM: Caleb Hood, Planning Manager
Emily Kane, Deputy City Attorney
RE: Downtown Right -of -Way Encroachments
July 10, 2012 City Council Workshop Agenda Item
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
Over the last several months, staff from the Community Development/Planning, Public Works,
Parks & Recreation, and Legal Departments have been working on standards and processes for
downtown businesses' use of the sidewalk area for outdoor dining and other uses. At the July 10
workshop, we will present and discuss a proposed plan to empower downtown property owners
to use and improve the ROW in the heart of downtown.
The first step of our proposed plan is to enter into an agreement with ACHD to assume authority
to regulate encroachments on sidewalks downtown. A copy of the license agreement between
ACHD and the City of Boise for regulating downtown sidewalks is attached; Meridian City and
ACHD staff will prepare a similar agreement for sidewalks in the downtown Meridian core
(between Ada Street and Carlton Avenue and between Meridian Road and E. Yd Street).
After the City has a license agreement in place with ACHD, staff proposes to allow and regulate
outdoor dining areas on an interim basis using the temporary use permit (TUP) process set forth
in Title 3, Chapter 4 of City Code. Until City Code is amended to accommodate long-term
encroachments, business owners may place encroachments in the ROW under a TUP for a
promotional sales unit. (TUPs for promotional sales units are valid for 160 days per calendar
year.)
In the meantime, staff will work to complete development and implementations of procedures
and standards for long-term placement of encroachments on sidewalks downtown. A copy of the
current working draft of the Downtown Meridian Streetscape ordinance, to be placed in Title 8,
is attached.
Boise -ACRD License Agreement
MASTER LICE NSH AGREFlMNT
TOR REGULATION AND MAINTENANCE OF
SIDEWALK FACILITIES IN THE, GREATER DOWNTOWN AREA
THIS MASTBR LICENSE AGREEMENT FOR REGULATION AND
MAINTENANCE OF SIDEWALK FACILITIES IN TITS GREATER DOWNTOWN
AR13A ("Agreement') is entered into this 7dthday of Pebruary, 2010 (the "Effective
Date!"), by and between ADA COUNTY IIICrHWAY DISTRICT, a body politic and
corporate of the State of Idaho ('ACHD") and the CITY OF BOISE, an Idaho municipal
corporation ("City"). -
RECITALS
A. ACHD is a single county -wide highway district organized and existing
under the laws of the State of Idaho, with the jurisdiction over public rights-of=wap,
including sidewalks, in Ada County.
B. -, -City is a. municipal corporation with police power to regulate and control
encroachments and activities upon sidewalks within the city.
C. ACID and Valley Regional Transit ("VRT") entered into a Cooperative
Governmental Agreement, dated July 1., 2007 granting a limited license to construct,
install, maintain, repair and control transit structures, benches, signage and other related
structures and improvements in the City of Boise public tight -of -way ("VRT
Agreement").
D. Idaho Code § 67-2332 provides that public agencies may contract with
one another to perform any governmental service, activity, or undertaking that, each
public agency entering into the contract is authorized by law to perform.
:13The parties desire by this Agreement that ACHD will grant to City a
limited licetrse to regulate and control the size, placement, operation, and maintenance of
movable and noii-tnovable structures and objects upon ACHD sidewalks for the purpose
of ensurieethe safety" "of'patrons and visitors to downtown Boise and to improve upon the
aesthetics therein, and to set forth the purposes, powers, rights, objectives and
responsibilities of each party,
AGRT,EMY iVT
,NOW, TIIIiREFORE, in consideration of the foregoing recitals, which are made a
part of this Agreement and not mere recitals, and for good and valuable consideration, the
receipt of which is hereby ackaowledgcd, it is mutually agreed as follows;
X. License Grant. ACHD hereby grants a license to City ("License") to (i) regulate
and control the size, placement, operation, and maintenance of all newsstands,
ATM's, signs, planters, benches, fountains, fences, streetlights, sidewalk
cafds, outdoor eateries, and similar comrnorcial and public strnctures, objects,
Licamli AeRuaMnNT- 1
Boise -ACRD License Agreement
and uses, regardless of whether the same are or are not affixed to the ground
(collectively, the "Facilities") on the sidewalks within the public tights -of -
way depicted on Exhibit A (collectively, the "Greater Downtown Area"), (d)
provide for and maintain the necessary andlor desired landscaping and
streetscaping upon sidewalks withiii the public rights-of-way for the Greater
Downtown Area, and (iii) sublicense the rights and obligations set forth in (i)
and (it), City shall have no right, title, or in€erect in or to the public rights-of-
way
ights-ofway other than the right to use the same pursuant to tho terms and conditions
of this Agreement and pursuant to the authohty granted In Idaho Code. This
Agreement does not extend to City the right to use the public Tights -of -way to
the, exclusion of ACRD for any use within its jurisdiction; authority aad
discretion or of others to the extent authorized by law to use the public right-
of-way.
ight-
ofway. f - the public right-of-way has been opened as a public highway (as
used in the Agreement, the term "Highway" is as defined in Idaho Code § 40-
109(5)), City's authorized use is subject to the rights of the public to use the
right -o£ -way for Highway purposes. City's authorized use is also subject to
the rights of holders of easements of record or obvious physical limitations
upon inspection of the public right-of-way, and to the statutory rights of
uUties -o use the public right -o£ --way. This Agreement is subject to and shall
not supersede or conflict with license or rights granted ander the VRr
Agreement, attached hereto as gxhibit . This Agreement is net intended to,
and shall not preclude or impede (i) the ability of ACHD to enter into other
similar agreements in the future allowing third parties to also use the public
right-of-way, provided that written notice is provided to the City, and such use
does not unreasonably interfere with.City's, rights regarding the FaciLtim as
set forth in this Agreement and contained in Idaho Cade, or (ii) the ability of
ACHD to redesign, reconstruct, relocate, maintain and improve the public
right-of-way and Highways as authorized by and in accordance with state law.
Where ACHD's retained rights, as stated herein, affect the City's authorized
placement of Facilities upon the sidewalks, ACHD and City will work in good
faith to resolvc any conflicts.
a. With reference to any Facilities located in the Greater Downtown Area,
ACHD will use best efforts to terminate all .ACRD License Agreements
for any existing Facilities in the Greater Downtown Asea—During the term
of this Agreement, ACRD shall not authorize, permit or license say
Facilities to be [mated in the public tight -of -way in the Grawar
Downtown Axes.
b. ACHD and City agree to freely and promptiy exchange information
reasonably necessary to comply with the terms of this Agreement,
including the provision to City, by ACRD of all records, documents,
databases, or information relating to known and authorized Facilities
licenses in the Greater Downtown, .Arca, whether terminated or not.
2. Compliance with Laws; No 'Waste or Nuisance City, in the performance of its
rights and responsibilities under this Agreement,` shall (i) comply with, and shall take
reasonable action to ensure that any sublicensee. comply with, all applicable federal, state
iicENsri AORV%4ENr-2
Boise-ACHD License Agreement
and local Iaws, ordinances, rules and regulations, including the Ada County highway
District policies and ordinances ("ACHD") and the Americans with Disabilities Act
("ADA") (collectively, "Laws") and (ii) commit no waste or allow any nuisance on the
public rights-of-way in the Greater Downtown Area.
3. Maintenance and Repair. City shall be responsible for and shall regulate and
control the size, placement, removal, operation, maintenance, and repair of all Facilities
which it or ACRD authorizes, licenses, or sublicenses to be placed in the Greater
Downtown Area, except to the extent any repairs are necessitated by damage caused by
ACHD, its agents, contractors or employees, which repairs shall be the responsibility of
ACHD. City agrees to keep or require the operation, maintenance, and repair of the
Facilities in good repair and in compliance with all Laws. If, in ACHD's reasonable
discretion, City frills to comply with its obligation herein such that a Facility poses a
danger to the public or a Law is not being complied with, the same may be removed or
repaired by ACHD at any time, without notice to the City and without liability for any
damage to the Facility when so removed or repaired. Removal or repair of Facilities not
posing a safety hazard shall require reasonable notice to the City prior to action to repair
or remove on behalf of ACED. City shall reimburse ACHD for reasonable costs
associated with the removal or repair of such Facilities when such removal or repair is
necessary for safety reasons or to comply with any Law.
Without limiting the City's obligation to comply with the foregoing and to reimburse
certain City costs associated with the removal or repair of, such Facilities, nothing
contained herein shall be construed to substitute City in the place of ACHD or property
owners for the construction, replacement, or reconstruction of sidewalks as may be
provided for by local ordinance, law or by ACHD policy, rule, or xogulation. The intent
of this Agreement is to provide a master license to the City to authorize it to regulate and
control the size, placement, removal, operation, and maintenance of all Facilities noted
herein upon the public rights-of-way located in the Greater Downtown Area.
A. Indemnification. City will defend, indemnify and hold harmless ACHD and, as
applicable, ACHD's directors, commissioners, managers, employees, contractors, agents,
and representatives (collectively, "Related Parties"•) from and against any and all claims
or actions for loss, injury, death, costs, damages, mechanics and other liens, liabilities,
losses, costs or damages (collectively, "Losses"), including attorneys' fees, incurred by
ACRD or its Related Parties resulting from (i) the failure or neglect of City, its agents,
contractors, employees and subliconsees (a "City Party") to properly maintain and/or
regulate the Facilities, (ii) damage to any sidewalk within any rigbt-of way in the
Downtown Area caused by any party other than ACHD or its Related Pal fies, and (iii) a
City Party or any Facilities user's non-compliance with any Laws.
S. Liability Insurance, City shall require any of its sublicensees, to carry general
liability insurance in a sum equal to the statutory Iimit set forth in Idaho Code § 6-926
(currently $5(10,000) as maybe adjusted by the Idaho legislature from time to time. City
agrees to provide notice to ACRID of such coverage(s), with ACHD as an additional
insured, on an annual basis.
LICENSE AOaEaMENT- 3
Boise -ACRD License Agreement
6. Dottie Changes. If, in the future, City desires to alter the physical layout of,
construct improvements upon, or allow by license or sublicense, the addition of Facintics
to die sidewalks witka. the tights -of --way which ccustituw the Greater Downtown Area
("Future Changes"), all such Future Changes shall comply with Laws, If A.C13D
determines that a Highway on and/or adjacent to the public right-of-way in the Greater
Downtown ,Area mauires 'widening, realignment, redesign, improvement and/or
reconsutiction as would nu=sitatc the relocation, modification or 'ocher adaptation of
any Facilities, the City, or its licensee or sublicense, at its sole cost and expense, shall be
responsible for relneating, modifying or nthetwise. adapting the affected Facilities to such
widening, realignment, relocation and/or aeconstiuctioit as requirccl by ACED and in
eantpliarec with haws. ACRD shall give City at least ninety (90) days prior wrltten
notice of the need for any such relocation, modification or adaptation by City. In
response to such notice, City may also elect. to removn an affertel Facility in lieu of any
such relocation, modification or adaptation,
7. Facilities Revenue. Throughout the term of this Agreement, City shall not be
obligated .o pay A( FTln a fee for the authorizntior. to use the public right-ofway. All
revenue form the Facilities as a result of City's regulation and control of the Pwitities,
and the licensing and sublicenshag thereof, within the Greater Downtown Area shall
belong to Cita' subject to fire conditions that: (1) all such revelllue be expended for
administration, and improvements and maintenance costs within the public right of -way;
,and (2) the City provide an Annual Report to ACHD detailing all revenue goierated and
axpended in Ilia public right-of-way within the Greater Downtown Area.
& Terra of Agreement. The initial term of this Agreement commences on the
Effective Hato And shall continue in effect for a period of five years (the "initial Term").
The Inithil Tarin automatically will be extended for successive ante -year periods (each a
"Renewal Term") unless either party notifies the other at least 30 days before the
expiration of the initial Term or any Renewal. Term, as the case may he, that it. dne-s not
wish to extend the Agreement. The Initial Term and any Renewal Terms are collectively
ref+rxed Io as the "Term." Notwithstanding the foregoing, this Agreement may be
terminates (i) by either party upon 30 days written notice or (n) by ACRD upon 5 days
notice to City, if in ACf-ID's reasonable discretion City has failed to allocate sufficient.
resources and/or funds to ensure the Facilities are properly maintained.
9. Waiver And Estoppel. City actmowledges and agrees that the authorized use
granted herein is temporary, non-trttnsferable (subject to Section 73.3), and memely a
permissive use of the publio right-of-way pursuant to this Agreement. City further
adulow.cdgm and agrees ihut iI specifically assumes the risk that fire access right that Is
granted pumiant to this Agreement may be terminated as provided herein before City has
realized the. economic benefit of the cyst of installing, consh-acting, repairing,
maintaining, or authorizing any use of the Facilities, and City hereby waives and is
Mlopped from asserting any claim that this Agreement is In any way irrevocable because
City has expended finids on the Facilities and flus Agreement has not been in affect for a
period sufficient for City to realize the economic benefit from such expenditures. .Any
Llcww AuuuairtaMr- 4
Boise -ACRD License Agreement
and all costs and expenses associated with Clty's use of the public right-of-way, or the
repair and .maintenance of the Facilities, shall be at the sole cost and expense of City
except as otherwise provided herein.
10. Default, Neither party shall be deemed to be in default of this Agreement except
upon the expiration of thirty (30) days from receipt of wrhtcn uotice from the other party
speoifying the particulars in which such party has failed to perform its obligations (or
breached any of its representations or warranties) under this Agreement unless such
party, prior to expiration of said' thltly (30) day period has rectified the particulars
specified in said notice of default: provided, however, that if the nature of die alleged
default is suer: that it cannot reasonably be cured within Such thirty (30) days period, the
commencement of the cure within such time period and the diligent proseoutiort to
completion of the cure shall be deemed a cure within such period.
11. force Majeure. Performance by either party hereandor shall not be deemed to be
In dofault where do:ays or d6faults are due to war, insurrection, stritcea, lockouts,
walkouts, riots', flood, earthquakes; fire or other casualty. the elements or acts of God, or
other causes, other than financial, beyond a party's reasonable control.
12. Special Provisions.
12.1 Third 7'.arty Consiruction. rt as a result of any construction, improvement,
ropair or maintenanoc by or caused by a third party {such as, by way of example and not
limitation, third party new construction or third party relocation of sewer or utility lines),
it is determined by Ambi? that relocation, modification o. other adaptation of any of the
Paeilities will be required, AC:AT) shall require that the third party, at such third party's
sole cost and expense, be responsible fer such relocation, modifreatioa or other
adaptation, as ACED] deems to he appropriate tinder the circumstances.
122 Good Faith and Cooperation. It is agreed by .ACRD and City that it is in
their mutual best interest and the interest of the public that the Facilities be located within
the public right-of-way as horain contemplated, and, to that end, the parties shall in all
instance`s cooperate and act in good faith In compliance with the terms. covenants and
conditloas of dris Agreement aid each shall deal fairly with the other,
13, lvfJsce]Eaneous
13.1 AuthoiY . The panics hereby warrant that the person execatinq this
Agreement on bostdf of each party is, at the time of its execution, duly authorizod to do
so by its governing body, and is fully vested with the authority to bine that party in all
r-ospects,
13.2e erEbilit . If any provision of this Agreement is held invalid, illegal, o.
unenforceable, the remainder shall be construed to conform to the intent of the patties,
and shall survive the severed provisions.
Urmjsr,A[3RRFMrW.5
Boise-ACHD License Agreement
13.3 Assignment. Either party shall be entitled to assign this Agreement to an
entity which is either statutorily authorized to be its successor or is an entity controlled by
the assigning party, provided that such assignee assumes all the obligations, warranties,
covenants and agreements of the assigning party herein contained. Otherwise, neither
party shall be entitled to sell, asslgn or otherwise transfer this Agreement or any of its
rights hereunder without the prior written consent of the other party, which consent will
not be granted unless such, assignee or transferee assumes all the obligations, warranties,
covenants and agreements of the assigning party herein contained.
13.4 representation and Warranty, City warrants and represents that its codes
and ordinances do not conflict with the terms of this Agreement.
13.5 Further Assurances, Each Party shall cooperate fully with the others and
executesuch further instruments, documents, and agreements and give such further
written assurances, as may be reasonably requested by the others to better evidence and
reflect the transactions described herein and contemplated hereby, and to carry into effect
the intents and purposes of this Agreement.
13.6 Captions and Headings. The captions and beadings in this Agreement are
solely for reference purposes, and shall not affect the interpretation of any provision of
this Agreement.
13.7 Third Parties. This Agreement is not intended to create, nor shall it in any
way be interpreted or construed to create, any third party beneficiary rights in any person
not a party hereto.
13.8 Successors and Assigns. The terms and conditions hereof shall be binding
upon and inure to the benefit of the respective parties, their administratoas, executors,
successors said assigns.
13.9 AttomU Fees. Should either party find it necessary to -employ an attorney
for representation in any action seeking enforcement of any of the provisions of this
Agreement, to recover damages for the breach of this Agreement, to resolve .any
disagreement in interpretation of this Agreement, or to obtain assistance in any lietgation,
the unsuccessful party in any final judgment or award entered therein shall reimburse the
prevailing party for all reasonable costs, charges and expenses, including attorneys' fees
expended or incurred by the prevailing party in connection therewith and in connection
with any appeal, and the same may be included in such judgment or award.
13.10 Choice of Law. This Agreement shall be governed by, and construed in.
accordance with, the laws of the State of Idaho.
13.11xhibhts. All exhibits to this Agreement are incorporated by reference and
made a part of this Agreement as if the exhibit& were set forth in their entirety in this
Agreement,
LICLtYs� Ass r;anrerrr - 6
Boise-ACHD License Agreement
13.12 Entire A -eement. 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 any other in any
manner by any represontations, warranties, covenants and agreoments except as
specifically set forth herein.
13.13 Acknoviledetnents and lvtodifioadans. No aclrnowlodgments 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 the parties.
LtcnNss AORBBMENT- 7
Boise -ACED License Agreement
IN WUNESS WHERBOF, the parties hereto pave executed this Agreement as of
the date karst set forth above.
City of Boise
David R. Bieter
Mayor
ATTI'ST:
o
WendyBnotes-7ohnso
Deputy Ci y Clerk
+7?:IIIIDITS
ACHD:
ADA COUNTY HIGHWAY DISTRICT
Exhlbit A Aerial Map of Greater PowntoYn Area Boundaries
ExhibitB VRTAgreement
UcEtd3E Aampmew- 8
DRAFT Planning & Legal Dept. Report - July 10, 2012
CITY OF MERIDIAN ORDINANCE NO.
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE 8, CHAPTER 1,
MERIDIAN CITY CODE; DELETING TITLE 8, CHAPTERS 3, 4, AND 5 MERIDIAN
CITY CODE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Meridian finds that the placement of
newsstands, ATMs, signs, planters, benches fountains, fences, streetlights, sidewalk cafes,
outdoor eateries, and similar commercial and public structures, objects, and uses on sidewalks in
the greater downtown area should contribute to the appeal, marketability, and overall character
of downtown Meridian, and should be of benefit to business owners, their patrons, and the
general public;
WHEREAS, on DATE, the Ada County Highway District, which has jurisdiction over
sidewalks, entered into a license agreement with the City of Meridian for the regulation and
maintenance of sidewalk facilities in the in the downtown Meridian City Core; and
WHEREAS, in accordance with the terms and provisions of its license agreement with
ACHD, the City seeks by this ordinance to protect and promote the health and safety of the
public and promote the charm, character, and unique atmosphere of downtown Meridian by
regulating the size, placement, operation, and maintenance of movable and non-movable
structures and objects upon the sidewalks in the greater downtown Meridian area;
NOW, THEREFORE, BE I T ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
Section 1. That Title 8, Chapter 1, Meridian City Code is hereby repealed and replaced
with the following language:
CHAPTER 1: CITY CODE
SIDEWALK FACILITY STANDARDS
8-1-1: DEFINITIONS:
As used in this chapter, the following definitions shall apply:
AMENITY: Non -permanent encroachment placed within the Use Zone (e.g., chairs, tables,
umbrellas, planters).
CITY CORE: The area between the north side of E. Carlton Ave, immediately north of the
railroad tracks, the West side of N. Meridian Road, and the east side of N. East Third Street. See
Figure 02,
CLEAR ZONE: The area of the streetscape between Use Zone and Street Furnishing Zone to be
free of obstructions, typically five feet (5') wide. See Figure 01.
CITY CORE STREETSCAPE STANDARDS AND REQUIREMENTS PAGE 1 of 13
DRAFT Planning & Legal Dept. Report — July 10, 2012
ENCROACHMENT: Object placed within the streetscape. This definition shall not include signs,
which shall be regulated by Meridian Unified Development Code (Title 11, Chapter 3, Article
D).
FIRST AMENDMENT ACTIVITY: Any and all expressive and associative activity that is protected
by the United States and Idaho Constitutions, including speech, press, assembly, and/or the right
to petition. This definition shall not include activity that damages, harms, or injures persons or
property.
STREETFuRmsurne ZONE: The area of the streetscape along the curb, typically eight feet (8')
wide and containing streetscape improvements. See Figure 01.
STREETSCAPE IMPROVEMENT: Permanent encroachment placed within the Street Furnishing
Zone (e.g., street lights, street trees, tree grates, pavers, permanent bicycle racks).
STREETSCAPE: In the City Core, that portion of right-of-way adjacent to the roadway, between
the curb and face of building, including Use Zone, Clear Zone, and Street Furnishing Zone. See
Figure 01.
USE ZONE: The area of the streetscape between face of building and Street Furnishing Zone,
typically containing amenities.
CITY CORE STREETSCAPE STANDARDS AND REQUIREMENTS PAGE 2 OF 13
DRAFT Planning & Legal Dept. Report — July 10, 2012
Figure UI: STREETSCAPE
Public BON
Note: An owning
or canopy may
requhm a building
permit. <.
Minimum 7' ! `
vertical clearance y�
required for '6a
overhead building Mr
improvements or
amenities in the p r Curb
use zone, l j- �/ Ll 1.
Vales
w vuruou
A Tables
Planters
b Chairs
b oris area is requwea
to be kept clear for
pedestrian use
B.
b Street trees
b lights
» Permanent Benches
CITY CORE STREETSCAPE STANDARDS AND REQUIREMENTS PACE 3 OF 13
DRAFT Planning & Legal Dept. Report —July 10, 2012
Figure 02; CITY CORC
CITY CORE STREETSCAPE STANDARDS AND REQuiREMENTS PAGE 4 OF 13
DRAFT Planning & Legal Dept. Report —July 10, 2012
8-1-2: REQUIREMENTS FOR ALL ENCROACHMENTS IN THE CITY CORE
STREETSCAPE:
The following provisions shall apply to all encroachments and uses of the Streetscape in the City
Core:
A. Compliance with City of Meridian Improvement Standards. It shall be unlawful for any
person placing encroachments on any portion of the City Core Streetscape to violate or fail to
comply with any applicable standard set forth in the City of Meridian Improvement
Standards.
B. Compliance with City Code. It shall be unlawful for any person placing encroachments on
any portion of the City Core Streetscape to violate or fail to comply with any applicable
standard set forth in Meridian City Code, including, but not limited to: the Meridian Unified
Development Code, Title 10 (Building and Fire codes), and this chapter.
C. Clear Zone. A linear pedestrian clear zone shall be maintained on the Streetscape. Owners
of property adj acent to the Streetscape shall be responsible for ensuring that the Clear Zone is
at least five feet (5') wide, uninterrupted, generally parallel to the roadway, and free of
obstructions. It shall be unlawful for any property owner adjacent to the Streetscape to fail to
provide a Clear Zone as required by this subsection.
D. Safety. All encroachments in the Streetscape shall be safe and in good repair.
8-1-3: REQUIREMENTS FOR ENCROACHMENTS IN THE USE ZONE:
A. Required licenses, permits, certificates. It shall be unlawful for any person to place an
encroachment or allow an encroachment to be placed in the Use Zone without each and all of
the following:
A City of Meridian Streetscape Encroachment Certificate, except that the following shall
not require a City of Meridian Streetscape Encroachment Certificate:
a. Encroachments specifically allowed in the Use Zone under a City of Meridian
Temporary Use Permit for a Promotional Sales Unit pursuant to Title 3, Chapter 4,
Meridian City Code.
b. Encroachments specifically allowed in the Use Zone under a City of Meridian
Temporary Use Permit for a Special Event pursuant to Title 3, Chapter 4, Meridian
City Code.
c. Encroachments specifically allowed in the Use Zone under a City of Meridian
Temporary Use Permit for an Outdoor Market pursuant to Title 3, Chapter 4,
Meridian City Code.
d. First Amendment Activity, as defined by Title 3, Chapter 4, Meridian City Code,
subject to reasonable restrictions on the time, place, or manner thereof.
2. Any and all licenses, permits, and/or certifications required by the Cental District Health
Department.
CITY CORE STREETSCAPE STANDARDS AND REQIAREMENTS PAGE 5 OF 13
DRAFT Planning & Legal Dept. Report — July 10, 2012
3. Any and all licenses, permits, and/or certifications required by Title 10 of this Code.
4. Any and all applicable licenses, permits, certifications, and/or approvals required to
lawfully sell or serve beer, wine, and/or liquor in the Use Zone.
5. Any and all other licenses, permits, and/or certifications required by local, state, or
federal law.
B. City of Meridian Streetscape Encroachment Certificate.
Application. Application for a City of Meridian Streetscape Encroachment Certificate
shall be made to the Planning Division of the City of Meridian Community Development
Department. Such application may be made only by the person owning or renting the
property directly adjacent to the Use Zone on which the proposed encroachments are to
be placed. Such application shall include:
a. A completed application on the form provided by the Planning Division;
b. Detailed site plan including locations of all existing and proposed encroachments;
c. Photographs or illustrations showing all proposed encroachments;
d. Proof of written notice to all owners of property adjacent to the Use Zone where the
proposed encroachments are to be placed;
e. Application fee as set forth in the fee schedule of the Planning Division; and
f. Other materials as may be reasonably required by the Planning Division,
2. Issuance or denial of application. Within five (5) working days following receipt of all
application materials required by this section, the Planning Division shall either issue a
Streetscape Encroachment Certificate to the applicant or deny the application. Where a
Streetscape Encroachment Certificate is denied, the Planning Division shall notify the
applicant of such denial in writing, which shall include notice of the right to appeal such
decision as set froth in this section. Written notice of the denial shall be sent via U.S.
mail.
3. Grounds for denial. The Planning Division shall deny an application for a Streetscape
Encroachment Certificate where:
a. The application is incomplete or required application materials or fees have not been
submitted;
b. Evaluation of the application or application materials reveals that provided
information is invalid, false, or incomplete; or
c. The proposed encroachment will not be placed in the Use Zone in accordance with all
applicable standards and provisions of law.
CITY CORE STREETSCAPE STANDARDS AND REQUIREMENTS PAGE 6 OF 13
DRAFT Planning & Legal Dept. Report — July 10, 2012
4. Appeal of denial. Appeal of the Planning Division's issuance or denial of a Streetscape
Encroachment Certificate may be made by the applicant or by the owner of property
adjacent to the Use Zone where the proposed encroachments are to be placed within
fourteen (14) days of such issuance or denial. Such appeal shall be made in writing, shall
state the reasons for such appeal, and shall be delivered to the City Cleric via U.S. mail or
in person. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on
the appeal at a City Council meeting within thirty (30) days. The City Council's decision
on such appeal shall be a final decision.
Provisions of Certificate. The Streetscape Encroachment Certificate shall include:
a. The names of the certificate holder permitted to place encroachment(s) in the Use
Zone ander such Streetscape Encroachment Certificate;
b. The times, dates, places, and manner by which the encroachrnent(s) may be placed in
the Use Zone under such Streetscape Encroachment Certificate;
c. A description of the encroachment(s) that may be placed in the Use Zone under such
Streetscape Encroachment Certificate; and
d. Any and all other conditions of placement or maintenance of the encroachment(s)
placed in the Use Zone under such Streetscape Encroachment Certificate that are
necessary to protect the public health, safety, and welfare, and to mitigate effects on
surrounding property.
6. Term of Certificate. The Streetscape Encroachment Certificate shall be valid for a
period of one (1) year, and may be renewed amorally. Upon expiration of the Streetscape
Encroachment Certificate, all encroachments shall be removed.
7. Revocation of Certificate. In addition to any and all other applicable civil or criminal
penalties, the Planning Division may revoke a Streetscape Encroachment Certificate
where:
a. Any term or condition of the Certificate or any provision of law is violated;
b. It is found, after issuance, that it was issued pursuant to falsified, inaccurate, or
incomplete information on the application therefor;
c. The encroachment, its placement, or any component thereof varies materially from
the approved site plan or other representation in the application.
The Plamiing Division shall notify the certificate holder of such revocation in writing,
and shall mail such notice to the certificate holder at the mailing address set forth in the
Streetscape Encroachment Certificate application. Such revocation shall be effective
immediately upon mailing to the certificate holder.
8. Appeal of revocation. Appeal of the Planning Division's revocation of a Streetscape
Encroachment Certificate may be made by the certificate holder within fourteen (14) days
of such revocation. Such appeal shall be made in writing, shall state the reasons for such
appeal, and shall be delivered to the City Clerk via U.S. mail or in person, Upon receipt
of such appeal, the City Clerk shall schedule a public hearing on the appeal at a City
Council meeting within thirty (30) days. The City Council's decision on such appeal
shall be a final decision.
CITY CORE STREETSCAPE STANDARDS AND REQUIREMENTS PAGE 7 OF 13
DRAFT Planning & Legal Dept. Report — July 10, 2012
C. Specific Use Zone Standards. The following standards shall apply to encroachments in the
Use Zone, and/or to the placement thereof:
I. Compliance with Certificate. It shall be 'unlawful for any Streetscape Encroachment
Certificate holder to violate or fail to comply with any term, condition, or standard set
forth in such City of Meridian Streetscape Encroachment Certificate,
2. Allowed Use Zone amenities. The following amenities may be allowed in the Use Zone
under a City of Meridian Streetscape Encroachment Certificate:
a. Chairs, benches, or other seating.
b. Tables.
c. Planters or other container landscaping.
d. Umbrellas.
e. Fencing required for approval of alcohol licenses, permits, certifications, and/or
approvals required to lawfully sell or serve beer, wine, and/or liquor in the Use Zone.
f Heating or cooling appliances as allowed by Title 10, Meridian City Code.
g. Moveable bicycle racks.
Amenities not enumerated in this subsection shall be prohibited in the Use Zone. It shall
be unlawful for any person to place or allow the placement of prohibited encroachments
in the Use Zone.
3. Nontransferrable. Streetscape Encroachment Certificates shall be nontransferable as to
holder, location or arrangement of encroachments, or allowed amenities. Changes of
holder, location or arrangement of encroachments, or amenities shall require a new
Streetscape Encroachment Certificate,
4. Limited scope. A Streetscape Encroachment Certificate shall not convey or imply
permissions beyond the scope of the encroachments) allowed thereunder. Separate
regulation and/or permitting requirements shall apply to signs, temporary uses, changes
in use, and structural or other improvements to buildings adjacent to the streetscape.
5. Amenities movable. All amenities placed in the Use Zone shall be non -permanent,
movable, and free standing. Amenities may not be secured or fastened to streetscape
improvements, buildings, or the sidewalk. It shall be unlawful for any person to
permanently attach or affix any amenity in the Use Zone.
6. Maintenance. Streetscape Encroachment Certificate holders shall maintain the Use Area
in a clean condition free of litter or debris.
D. Prohibited encroachments. It shall be unlawfiil for any person to place or allow the
placement of the prohibited encroachments in the Use Zone, which shall include, but shall
not be limited to:
CITY CORE STREETSCAPE STANDARDS AND REQUIREMENTS PAGE 8 ot: 13
DRAFT Planning & Legal Dept. Report — July 10, 2012
1. Receptacles for solid waste or recyclables, automated teller machines (ATMs), vending
machines, generators, decorative rugs or ground coverings unrelated to safety, platforms,
decks, grills, cooking appliances or stations, bars, shelves, serving stations, storage
containers, equipment, supplies, or products.
2. Fencing or barriers not related to approvals for lawful sale of service of beer, wine,
and/or liquor.
3. Any encroachment, amenity, or building improvement which hangs or extends into a
seven foot (T) vertical clearance area.
4. Any encroachment which impedes the required vision triangle as set forth in the Meridian
Unified Development Code, City of Meridian briprovement Standards, or Ada County
Highway District standards.
5. Any encroachment which creates a safety hazard.
6. Mobile sales units.
8-1-4: REQUIREMENTS FOR ENCROACHMENTS IN THE STREET FURNISHING
ZONE:
A. Required licenses, permits, certificates. It shall be unlawful for any person to place an
encroachment or allow an encroachment to be placed in the Street Furnishing Zone without
each and all of the following:
A City of Meridian Streetscape Sublicense, except that the following shall not require a
City of Meridian Streetscape Sublicense:
a. Encroachments specifically allowed in the Street Furnishing Zone under a City of
Meridian Temporary Use Permit for a Special Event pursuant to Title 3, Chapter 4,
Meridian City Code.
b. Encroachments specifically allowed in the Street Furnishing Zone under a City of
Meridian Temporary Use Permit for an Outdoor Market pursuant to Title 3, Chapter
4, Meridian City Code.
c. First Amendment activity as defined by Title 3, Chapter 4, Meridian City Code,
subject to reasonable restrictions on the time, place, or manner thereof.
2. Any and all other licenses, permits, and/or certifications required by local, state, or
federal law.
B. City of Meridian Streetscape Sublicense.
1. A request for a City of Meridian Streetscape Sublicense for placement of encroachments
in the Street Furnishing Zone shall be made to the Planning Division of the City of
Meridian Community Development Department. Such request may be made by any
person. Such application shall include:
CITY CORE STREETSCAPE STANDARDS AND REQUIREMENTS PAGE 9 OF 13
DRAFT Planning & Legal Dept. Report — July 10, 2012
a. A detailed written narrative describing the proposed encroachment to be placed in the
Street Furnishing Zone;
b. Detailed site plan including location of the proposed encroachment and all nearby
existing Streetscape Improvements;
c. Photographs or illustrations showing all proposed encroachments;
d. Proof of written notice to all owners of property adjacent to the Street Furnishing
Zone where the proposed streetscape improvements are to be placed;
e. Processing fee as set forth in the fee schedule of the Planning Division; and
f Other materials as may be reasonably required by the Planning Division or City
Attorney's Office.
2. The Planning Division shall forward the request for a City of Meridian Streetscape
Sublicense to the City Attorney's Office. Within thirty (30) working days following
receipt of all application materials required by this section, the City Attorney's Office
shall either propose a draft Streetscape Sublicense to the requester for negotiation and
execution, or deny the request. Where a request for a Streetscape Sublicense is denied,
the City Attorney's Office shall notify the applicant of such denial in writing, which shall
include notice of the right to appeal such decision as set forth in this section. Written
notice of the denial shall be sent via U.S. mail.
The City Attorney's Office shall deny a request for a Streetscape Sublicense where:
a. Required materials or fees have not been submitted;
b. Evaluation of the submitted request or materials reveals that provided information is
invalid, false, or incomplete; or
c. The proposed encroachment will not be placed in the Street Furnishing Zone in
accordance with all applicable standards and provisions of law.
4. Appeal of the City Attorney's Office issuance or denial of a Streetscape Sublicense may
be made by the applicant or by the owner of property adjacent to the Street Furnishing
Zone where the proposed encroaclunent is to be placed within fourteen (14) days of such
issuance or denial. Such appeal shall be made in writing, shall state the reasons for such
appeal, and shall be delivered to the City Clerk via U.S. mail or in person. Upon receipt
of such appeal, the City Clerk shall schedule a public hearing on the appeal at a City
Council meeting within thirty (30) days. The City Council's decision on such appeal
shall be a final decision.
S. The Streetscape Sublicense shall include, without limitation:
a. The name of the sublicensee licensed to place encroachment(s) in the Street
Furnishing Zone under such Streetscape Sublicense;
b. The times, dates, places, and maturer by which the encroachment(s) may be placed in
the Street Furnishing Zone under such Streetscape Sublicense;
c. A description of the encroachment(s) that may be placed in the Street Furnishing
Zone under such Streetscape Sublicense;
d. A dedication to the City of Meridian of any streetscape improvements placed in the
Street Furnishing Zone;
CITY CORE STREETSCAPE STANDARDS AND REQUIREMENTS PAGE 10 OF 13
DRAFT Planning & Legal Dept. Report — July 10, 2012
e, Any and all other conditions of placement or maintenance of the encroachment(s)
placed in the Street Furnishing Zone under such Streetscape Sublicense that are
necessary to protect the public health, safety, and welfare, and to mitigate effects on
surrounding property,
6. The Streetscape Sublicense shall be valid for a period of one (1) year, and may be
renewed annually.
7. Unless otherwise set forth in the Streetscape Sublicense, all encroachments placed in the
Street Furnishing Zone under a Streetscape Sublicense shall become the property of the
City of Meridian upon expiration of the Streetscape Sublicense.
In addition to any and all other applicable civil or criminal penalties, the Meridian City
Council may terminate a Streetscape Sublicense where:
a. Any term or condition of the Sublicense or any standard or provision of law is
violated;
b. It is found, after issuance, that it was issued pursuant to falsified, inaccurate, or
incomplete information on the application therefor;
c. The encroachment, its placement, or any component thereof varies materially from
the agreed-upon site plan or other representation.
Following termination, the City Attorney's Office shall notify the sublicensee of such
termination in writing, and shall mail such notice to the sublicensee at the mailing
address set forth in the Streetscape Encroachment Certificate application. Such
revocation shall be effective immediately upon mailing to the certificate holder.
C. Standards. The following standards shall apply to any and all encroachments in the Street
Furnishing Zone, and/or to the placement thereof
1. Compliance with Sublicense. It shall be unlawful for any sublicensee to violate or fail
to comply with any term, condition, or standard set forth in a City of Meridian
Streetscape Sublicense.
2. Compliance with City of Meridian Improvement Standards. It shall be unlawful for
any City of Meridian Strectscape. Sublicensee to violate or fail to comply with any
applicable standard set forth in the City of Meridian Improvement Standards.
3. Nontransferrable. Streetscape Sublicense shall be nontransferable as to sublicensee,
location or arrangement of encroachments, or allowed encroachments.
4. Limited scope. A Streetscape Sublicense shall not convey or imply permissions beyond
the scope thereof. Separate regulation and/or permitting requirements shall apply to
signs, temporary uses, mobile sales units, changes in use, and structural or other
improvements to buildings adjacent to the Streetscape.
5. Allowed Street Furnishing Zone Encroachments. The following encroachments may
be allowed in the Street Furnishing Zone under a Streetscape Sublicense:
CITY CORC STREETSCAPE STANDARDS AND REQUIREMENTS PAGE I I OF 13
DRAFT Planning & Legal Dept. Report — July 10, 2012
a. Permanent streetscape improvements.
b. Mobile sales units.
c. Newspaper boxes.
d. Delivery service drop boxes.
Encroachments not enumerated in this subsection shall be prohibited in the Street
Furnishing Zone.
6. Attaching to streetscape. Streetscape improvements may be secured or fastened to
other streetscape improvements or the sidewalk only pursuant to the specific terms and
conditions of a duly issued Streetscape Sublicense. It shall be unlawful for any person to
permanently attach or affix any amenity in the Street Furnishing Zone except as
specifically allowed by a duly issued Streetscape Sublicense.
D. Prohibited encroachments. The following encroachments shall be specifically prohibited in
the Street Furnishing Zone:
1. Non -permanent amenities.
2. Any encroachment which impedes the required vision triangle as set forth in the Meridian
Unified Development Code, City of Meridian Improvement Standards, or Ada County
Highway District standards.
3. Any encroachment which creates a safety hazard.
4. Temporary Uses other than duly permitted special events or outdoor markets.
8-1-5: ENFORCEMENT; PENALTY:
A. Enforcement. Peace officers and/or code enforcement officers shall be empowered to
enforce the provisions of this chapter. An officer may call upon the services of the
Community Development, Fire, Parks and Recreation, or other appropriate City departments
to assist in the enforcement of the provisions this chapter. An officer may investigate any
use or activity which he or she reasonably believes violates the provisions of this chapter. If
an officer reasonably believes that a provision of this chapter has been violated, the officer
may issue a citation to the person responsible for the violation or upon the owner or lawful
possessor of the real property at or upon which the violation occurred. Such citation shall be
served in accordance with the provisions of the Idaho Infraction Rules, which are
incorporated herein by this reference. The processes and penalties for abatable nuisances, set
forth in Meridian City Code Title 4, Chapter 2, may also apply.
B. Penalty. A violation of this chapter shall be an infraction punishable by a penalty of twenty
dollars ($20). In addition to such penalty, any person violating, allowing, or causing any
provision of this chapter shall be subject to any and all other applicable administrative,
criminal, and/or civil penalties, including, without limitation, the penalties for nuisance set
forth in Meridian City Code Title 4, Chapter 2. Each day upon which a violation of this
chapter continues or occurs may be deemed a separate and distinct violation.
CITY CORE STREETSCAPE STANDARDS AND REQUIREMENTS PAGE 12 of 13
DRAFT Planning & Legal Dept. Report - July 10, 2012
5-1-6: SEVERABILITY:
If any provision, clause, sentence, or paragraph of this title or the application thereof to any
person or circumstance shall be held to be invalid by a court of competent jurisdiction, then such
provision or section shall be considered separately and apart from the remaining provisions or
section of this chapter, which shall remain in full force and effect, and to this end, the provisions
of this title are hereby declared to be severable.
Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this
ordinance are hereby voided.
Section 3. That this ordinance shall be effective immediately upon its passage and
publication.
2012. PASSED by the City Council of the City of Meridian, Idaho, this day of August,
APPROVED by the Mayor of the City of Meridian, Idaho, this , day of August, 2012.
APPROVED: ATTEST:
Tammy de Weerd, Mayor Jaycee Holman, City Cleric
CITY CORE STREETSCAPE STANDARDS AND REQUIREMENTS PAGE 13 OF 13
Meridian City Council Meeting
DATE: July 10, 2012 ITEM NUMBER: 6C
PROJECT NUMBER:
ITEM TITLE:
Community Development: Budget Amendment for Mobile PC's for Contract
Inspectors for a Not -to -Exceed Amount of $14,750.00
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
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Meridian City Council Meeting
DATE: Julv 10, 2012 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE:
Mayor's Office: Idaho Public Utilities Commission (IPUC) Public Utility Regulatory
Policies Act (PURPA) Letter Discussion
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
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(1ERL,4*,-HO
July 10, 2012
Idaho Public Utilities Commission
P O Box 83720
Boise, ID 83720-0074
Dear Commissioners:
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
On behalf of the City of Meridian, I am writing in regards to Electric Case GNR-E-11-03 which
is currently open for public review and comment. This case is of crucial importance to the
overall health of our state's economy and we urge the Idaho Public Utilities Commission (IPUC)
to consider the larger impacts as you decide upon the merits of this case.
We understand that the Public Utility Regulatory Policies Act (PURPA) and the tax policies
included in the Energy Policy Act of 2005 have created numerous small alternative energy
producers which bring along with them a purchase requirement of renewable energy by electrical
utilities such as Idaho Power. This federal mandate is not based upon open market principals or
demands, and these small energy producers have a higher cost that is ultimately passed along to
our citizens and businesses through higher rates. This creates unfortunate consequences for all
consumers and we applaud the IPUC in their action earlier this year which is enabling Idaho
Power to negotiate reasonable contracts with these alternative energy producers.
As a state we don't offer as many incentives to new or expanding businesses compared to other
states. However, having access to affordable power is an important factor in any equation as
businesses choose to expand or locate in Idaho. Over the last few years the City of Meridian has
had several discussions with businesses who are looking to build or expand in our community
and they point to the favorable electrical rates in Idaho. Based upon these conversations, raising
our rates could have a negative impact on manufacturers or high-energy businesses choosing
Idaho. We urge you to take this impact into consideration during your review of this case.
Ultimately, we ask the IPUC to protect consumers from artificially high electrical costs based
upon a federal mandate and urge a common sense approach to meeting our state's needs in
compliance with federal laws.
Sincerely,
Tammy de Weerd
Mayor
Mayor's Office . 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-888-4433 . Fax 208-884-8119 . www.meridiancity.org
Meridian City Council Meeting
DATE: July 10, 2012 ITEM NUMBER:
ITEM TITLE:
Future Meeting Topics
PROJECT NUMBER:
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