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2013-05-28E IDIAN =-, CITY COUNCIL AMENDED MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, May 28, 2013 at 7:00 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. Community Invocation by Stephanie Moore with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of May 7, 2013 City Council PreCouncil Meeting B. Approve Minutes of May 14, 2013 City Council Workshop Meeting C. Approve Minutes of May 7, 2013 City Council Meeting D. Mini Heavy Equipment Rodeo Agreement with Cesco for Public Works Week Expo 2013 E. Public Parking Agreement with RWP Meridian, LLC for Public Works Week Expo 2013 F. Professional Services Agreement with High Street Entertainment for Musical Talent for Concerts on Broadway Performance on June 22, 2013 for the Not -to -Exceed Amount of $2,500.00 G. Acceptance Agreement: Display of Artwork of Theodore Smith in Initial Point Gallery from May 31, 2013 to July 2, 2013 H. 2013 CableONE Movie Night in Meridian Presenting Sponsorship Agreement Between the Saint Alphonsus Medical Group and the City of Meridian for a Not -to -Exceed Amount of $2,000.00 Meridian City Council Meeting Agenda — May 28, 2013 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. I. Award of Bid and Approval of Agreement to Schmidt Construction for "NW 8th Street Sewer Trunk Main Phase 1 - Broadway to Cherry" for the Not -To - Exceed amount of $363,826.72 J. Approve the Release of an Existing Sewer Main Easement with Steve Bainbridge and Dave Conley that was Previously Recorded as part of the Ada County Highway District (ACHD) Franklin - Ten Mile to Linder Project K. Approve the Revised Sewer Main Easement with Steve Bainbridge and Dave Conley for a Sanitary Sewer Main to their Property as part of the Ada County Highway District (ACHD) Franklin - Ten Mile to Linder Project L. Findings of Fact, Conclusions of Law for Approval: MDA 13-009 Walmart Overland/Stoddard by Wal-Mart Stores, Inc. Located Southeast Corner of W. Overland Road and S. Stoddard Road Request: Modification to the Development Agreement to Change the Fencing Type Along the Southern Boundary of the Site from Eight (8) Feet Tall Vinyl to Eight (8) Feet Tall Pre - Cast Concrete M. FP 13-023 Irvine by Northside Management Located Southeast Corner of W. Chinden Boulevard and N. Ten Mile Road Request: Final Plat Consisting of 40 Single -Family Residential Building Lots on Approximately 8.84Acres of Land in an R-8 Zoning District 6. Items Moved From Consent Agenda None 7. Action Items A. Public Hearing: TEC 13-003 Bellingham Park Subdivision by Conger Management Group Located Approximately 1/4 Mile East of S. Locust Grove Road and Approximately 1/4 Mile North of E. Amity Road Request: Two (2) Year Time Extension on the Preliminary Plat for Bellingham Park Subdivision in Order to Obtain the City Engineer's Signature on a Final Plat Approved with Conditions B. Public Hearing: VAR 13-002 Knighthill by James Wylie Located Southwest Corner of Chinden Boulevard and N. Linder Road Request: Right-In/Right- Out Access Point to State Highway 20/26 (Chinden Boulevard) Continued to June 4, 2013 C. FP 13-022 Accolade Subdivision by Idaho Survey Group Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Final Plat Consisting of One (1) Multi -Family Residential Building Lot and One (1) Common Lot on Approximately 11.23 Acres of Land in an R-40 Zoning District Approved Meridian City Council Meeting Agenda — May 28, 2013 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 8. Department Reports A. Community Development Block Grant (CDBG) Project and Activity Prioritization for Program Year 2013 B. Public Works: Budget Amendment for FY2013 for the Not -to -Exceed Amount of $55,000.00 for Wastewater Consulting Approved C. Public Works: Budget Amendment for FY2013 for the Not -to -Exceed Amount of $77,000.00 for Waterline Extensions Approved D. Public Works: Budget Amendment for FY2013 for the Not -to -Exceed Amount of $130,000.00 for Well 15B Test Well Approved E. Mayor's Office: Budget Amendment for FY2013 for the Not -To -Exceed Amount of $2,871.00 for the Mayor's Youth Advisory Council Fundraiser for Ben's Bells Approved 9. Ordinances A. Ordinance No. 13-1558: An Ordinance for the Annexation of a Parcel of Land Located North of Chinden Boulevard, South of Phyllis Canal and Approximately 1/2 Mile East of N. Black Cat Road, Commonly Known as Heron Ridge Estates (AZ 13-002) Approved 10. Future Meeting Topics None Adjourned at 8:00 p.m. Meridian City Council Meeting Agenda — May 28, 2013 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council May 28, 2013 A meeting of the Meridian City Council was called to order at 7:00 p.m., Wednesday, May 28, 2013, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, David Zaremba, Keith Bird, and Brad Hoaglun. Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Warren Stewart, Scott Colaianni, Perry Palmer, Robert Simison Steve Siddoway 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: Well, I'd like to welcome all of you to our City Council meeting. It's always nice to see certainly the Boy Scouts that do come down here. We hope you're as interested in this material as we are. I won't guarantee it, though. But welcome and thank you all for being here. For the record, it is Tuesday, May 28th at 7:00 p.m. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our pledge and tonight we will be led by Troop 128. They are with the Meridian Stake 2nd Ward and I believe that Jacob Smith is going to lead us and I will just wait and have them instruct us on what we need to do. (Pledge of Allegiance recited.) De Weerd: If I could ask you young men -- I do have a City of Meridian pin that I'd like to give each you for leading us. Thank you so much. And for just surviving the meeting we will get you young men some pins, too. And that doesn't mean you have to stay to the very last minute. So, thanks again for joining us. Item 3: Community Invocation by Stephanie Moore with Ten Mile Christian Church De Weerd: Is Stephanie here? I didn't think I saw her. Item 4: Adoption of the Agenda De Weerd: I will move to Item No. 4, adoption of the agenda. Meridian City Council May 28, 2013 Page 2 of 23 Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: One item of change on tonight's agenda. Under Action Item 7-13, the applicant is requesting that this be continued to June 4th of this year. And under Ordinances, 9-A is Ordinance No. 13-1558. With that, Madam Mayor, I move adoption of the agenda as amended. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of May 7, 2013 City Council PreCouncil Meeting B. Approve Minutes of May 14, 2013 City Council Workshop Meeting C. Approve Minutes of May 7, 2013 City Council Meeting D. Mini Heavy Equipment Rodeo Agreement with Cesco for Public Works Week Expo 2013 E. Public Parking Agreement with RWP Meridian, LLC for Public Works Week Expo 2013 F. Professional Services Agreement with High Street Entertainment for Musical Talent for Concerts on Broadway Performance on June 22, 2013 for the Not -to -Exceed Amount of $2,500.00 G. Acceptance Agreement: Display of Artwork of Theodore Smith in Initial Point Gallery from May 31, 2013 to July 2, 2013 H. 2013 CableONE Movie Night in Meridian Presenting Sponsorship Agreement Between the Saint Alphonsus Medical Group and the City of Meridian for a Not -to -Exceed Amount of $2,000.0 Meridian City Council May 28, 2013 Page 3 of 23 I. Award of Bid and Approval of Agreement to Schmidt Construction for "NW 8th Street Sewer Trunk Main Phase 1 - Broadway to Cherry" for the Not -To- Exceed amount of $363,826.72 J. Approve the Release of an Existing Sewer Main Easement with Steve Bainbridge and Dave Conley that was Previously Recorded as part of the Ada County Highway District (ACRD) Franklin - Ten Mile to Linder Project K. Approve the Revised Sewer Main Easement with Steve Bainbridge and Dave Conley for a Sanitary Sewer Main to their Property as part of the Ada County Highway District (ACHD) Franklin - Ten Mile to Linder Project L. Findings of Fact, Conclusions of Law for Approval: MDA 13- 009 Walmart Overland/Stoddard by Wal-Mart Stores, Inc. Located Southeast Corner of W. Overland Road and S. Stoddard Road Request: Modification to the Development Agreement to Change the Fencing Type Along the Southern Boundary of the Site from Eight (8) Feet Tall Vinyl to Eight (8) Feet Tall Pre- Cast Concrete M. FP 13-023 Irvine by Northside Management Located Southeast Corner of W. Chinden Boulevard and N. Ten Mile Road Request: Final Plat Consisting of 40 Single -Family Residential Building Lots on Approximately 8.84Acres of Land in an R-8 Zoning District De Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: No changes on our Consent Agenda, so I move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Rountree: Second. De Weerd: Motion and 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. Meridian City Council May 28, 2013 Page 4 of 23 MOTION CARRIED: ALL AYES. Item 6: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Action Items A. Public Hearing: TEC 13-003 Bellingham Park Subdivision by Conger Management Group Located Approximately 1/4 Mile East of S. Locust Grove Road and Approximately 1/4 Mile North of E. Amity Road Request: Two (2) Year Time Extension on the Preliminary Plat for Bellingham Park Subdivision in Order to Obtain the City Engineer's Signature on a Final Plat De Weerd: So, we will move into Item 7-A, which is a public hearing on TEC 13-003. 1 will open this public hearing with staff comments. Hood: Thank you, Madam Mayor. I'm pinch hitting tonight. Not Raul Ibanez as we referenced last week, but I will try to make you on base and cover it nicely for Bill anyways in staff's presentation of Bellingham Park time extension. The subject property consists of 11.5 acres, currently zoned R-8 in the city. This is the third time extension requested for the subject plat and therefore, it requires Council action. There are three new -- excuse me -- four new conditions that we -- that staff is recommending be included with the original conditions of approval for this project. They have to do with revised performance surety policies, the warranty surety policy, our new street lighting standard and Public Works has a condition, the applicant needs to be responsible for extending a 21 inch sewer trunk line to and through development. I do have a letter back from the applicant saying they are in agreement with the new conditions of approval contained in the staff report and with that, Madam Mayor, I will stand for any questions you may have on this time extension. De Weerd: Thank you, Caleb. Council, any questions? Bird: I have none. Rountree: None. De Weerd: Is the applicant -- hi, Kent. Brown: Madam Mayor, Members of the City Council, my name is Kent Brown. My address is 3161 East Springwood, Meridian, Idaho. Brad adequately covered the conditions that have been added and we are in agreement. We have an engineer under contract and he's designing plans and it's -- they haven't been submitted. They will be Meridian City Council May 28, 2013 Page 5 of 23 soon. To my understanding at least from Conger Management. So, stand for any questions. De Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: I have none. Brown: Thank you. De Weerd: This is a public hearing. Is there anyone who would like to offer testimony on this item? Okay. If you will, please, come forward. I'm sorry, I didn't see your hands. If you would, please, state your name and address for the record. Either one. Howard: Good evening, Madam Mayor and Council Members. My name is Charlie Howard. I'm a resident -- address is 3010 East Deerhill Drive here in Meridian. I actually live in the Tuscany Subdivision and had some questions and comments and concerns about Bellingham and the plat number four that I'd like to raise and I have -- there are additional homeowners that may have some other items they would like to talk about. As we looked through some of the information that's been provided through a conscientious search on our parts as homeowners in the Tuscany Subdivision, we come across some of the information that relates to Bellingham that you may or may not know. Bellingham and Tuscany as designed in this current plan actually meet and intersect at the intersection of Deerhill, which would be on your map kind of the upper right-hand side of your map. I don't have a plat in front me. At one time it was called Rainwood Drive. It's been amended, apparently, to be Deerhill Drive, which is a continuation of a street that's part of Tuscany and, then, also part of Bellingham. What we had concerns about in our neighborhood, among other items, are there was a traffic study done for Bellingham that's on file with the city, dated July 22nd, 2004. On that traffic study it does not include any of the interfaces that go towards the interior of the neighborhood. As you may know, Tuscany has some nice amenities, including the Sienna Middle -- Sienna K through six elementary school, as well as a city park. So, there was no study done on the effect of traffic flowing through -- well, the traffic study itself only talks about traffic flowing out of Bellingham, not through Bellingham into Tuscany and down the street of Deerhill where I reside. So, I would respectfully request that part of this extension include a new traffic study for the city to be able to undertake or the developer to undertake, so that we can understand the impact of traffic on our street. The effect it will have on home ownership, as well as safety concerns. That's one of the straightest paths through Tuscany. I don't know if you guys are aware of Tuscany, but most of the streets are fairly curved. This one is not, because it's along the Ridenbaugh Canal -- in that area. So, it's a pretty straight shot and so there is some definite safety concerns among the homeowners and so would also request that -- that that be considered, that that street not actually continue between the two subdivisions. Maybe the developer can recover another lot for sale -- for resale, but allow maybe a pedestrian path or bike access. Thank you. Meridian City Council May 28, 2013 Page 6 of 23 De Weerd: Thank you. Council, any questions? Rountree: I have none. Bird: I have none. De Weerd: Appreciate your testimony. Additional testimony? You would need to say it on the public record. Good evening. If you will, please, state your name and address for the record. Scott: My name is Roger Scott and I live at 2374 East Deerhill Drive. De Weerd: Thank you. Scott: Just up the street from Charlie. Charlie came to me maybe a week or two ago about his concerns. I was unaware of the connection that was going to be made between the two developments. When I purchased my home I may have not -- I had a lot of things going on. I was getting married. I had a new job and building a house, so my initial concern wasn't necessarily what was going to happen in the future and looking forward I should have done that, because there was this connection. I believe that our street will become -- you know, more traffic flow on our street, as well as our -- I believe it will affect our housing property values and my wife and I are planning to have children in the future and we have children living across the street. A lot of children play on that street, as well as many other streets in the neighborhood, but I think Charlie stated it pretty well, but just wanted to voice my concern. De Weerd: I appreciate that. Any questions from Council? Rountree: I have none. De Weerd: Thank you very much. Any other testimony? Yes, sir. Good evening. Gerving: My name is Josh Gerving. I live at 2320 East Deerhill Drive and I don't have anything further to stay, I just want to concur with the two previous gentlemen and give my support for them. Thank you. De Weerd: Thank you. Sorry to make you come up here. Schoenfeld: No. No. Tamara Schoenfeld, 4105 South Marsala Avenue and I live on the corner of Deerhill and Marsala. I also concur with what they have stated and we would like to see at a minimum if there could be a new traffic study completed and -- to try and address some of our concerns with the interior traffic flow. Thank you. De Weerd: Thank you very much. Caleb, do you want to explain what can be asked from Council during a time extension request, what the city can consider. Meridian City Council May 28, 2013 Page 7 of 23 Hood: Madam Mayor, Members of the Council, it is a final plat. As it stated there is a traffic impact study. Certainly you can -- anything that's in our current code you can certainly require the applicant. We do, in concurrence with ACHD, require traffic impact studies for large projects. Quite honestly, with the information, if you were to go that route and do a traffic study to see what the implications may be -- as you know, we don't control all of the traffic, so that really would be to the benefit of the highway district if there is any benefit to looking at a traffic study. But it is within your purview if you wanted to -- some time has elapsed -- almost ten years since the traffic impact study. It certainly is in the realm of possibility for you to continue this out to have the applicant do a traffic impact study. I don't think that that's the right thing to do in this instance, but it is certainly something that the Council could potentially do. Again, Madam Mayor, the only thing in current code requires -- traffic impact studies are something that originally was part of this project and another option -- again, not something I would recommend necessarily, but you could deny the time extension, that makes them go through the whole process again. That is one of the reasons to have a time extension and to have this is when time elapses between a project being approved and getting recorded. If the community has changed that is an opportunity to reevaluate to see if it's still the right project in the right location. So, again, not something I would -- if you asked me that I would necessarily recommend, but that is something that is on the table for Council to consider. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just in looking at the display which is on the screen for everybody to see and in front of us as well, the existing subdivision, the street that they are talking about is a stub street and while we don't control the streets, Ada County Highway District does, they intentionally put stub streets where they expect a connection to be made. If that were not a stub street it would have a cul-de-sac turnaround big enough for a fire truck and trash trucks and so forth. Clearly they intended that to be a connection through and the advantage of having multiple connections is that it spreads the traffic out. The more dead ends you have the more difficulty it makes for traffic to get around and the more difficult traffic is on the few remaining streets that receive the traffic. So, I would not be inclined to say that we need a new traffic study. That actually is the purview of Ada County Highway District, but I would say the decision has already been made that that stub street will connect -- will be a connectivity and I personally wouldn't change that. De Weerd: Thank you. Council -- Kent. Sorry. I almost forgot to give you the last word. Brown: Again for the record Kent Brown, 3161 Springwood. I'm in a unique situation here, because I have actually represented both subdivisions. I did the design for all of Tuscany. I did all of the design for the portion that they are talking about in Messina Meridian City Council May 28, 2013 Page 8 of 23 Meadows, which required a traffic studied of us. It was also interesting at P&Z and City Council that we also came before this body at that time -- at the same time. So, it was anticipated -- this hasn't changed. It's always been this way. We stubbed at this location and it was coordinated so that -- as you can see from our plat, you enter from the southwest side of Bellingham Four and we cross the creek at that location. There isn't any other connection that crosses the creek and so we have one way in on the west side and we have one way out on the east side, connecting to the stubs that have been provided between the two. It was also interesting that the two engineering firms that were doing that -- I was working with one and, then, went to work for the other, but they coordinated so that they were locating the stubs at the right location. Bellingham actually came in first. They had to do some redesign stuff and Messina Meadows that these folks live in was just a little bit ahead of it, but when it came to being at the hearings, the Council, the Commission, there hasn't been any change, it has always been the same, so it wasn't even a space of six months it was -- they were at the same hearing being approved. So, hopefully, that answers the question. Typically ACHD takes ten vehicle trips for every single family residential lot and, then, they are going to split them trying to decide which direction they are going to go and the local streets take a lot more access. It will be different than what these people are used to on a dead end street in that location, but it won't tax that road too much, so -- I will stand for any questions. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Are you aware of whether or not the typical barricade is in place on the end of that stub street? Brown: There is not a sign that says that it will be extended in the future. Zaremba: It does have the sign that says -- Brown: It does not. De Weerd: No, it doesn't. Zaremba: It does not have it? Okay. Brown: It does on the Bellingham side, but not on the Tuscany side, to my knowledge -- recollection. Hoaglun: Madam Mayor? De Weerd: Yes. Meridian City Council May 28, 2013 Page 9 of 23 Hoaglun: But I tried to do a count here, but -- there is going to be, what, 47 homes in this -- Brown: Thirty-one. Hoaglun: It's an odd shaped -- Brown: Triangular piece. Hoaglun: -- triangular piece. Yeah. Rather unusual. And it looks like the main access, then, would be off South Locust Grove, as you said, East Wrightwood Drive and, of course, we always require a secondary accesses for emergency vehicles in case there is one that's blocked off, we require that as part of the city code, so there would definitely have to be two, so -- Brown: The park was a part of that original application and the school had already previously been located and so those would have been calculated in those traffic numbers also. Thank you. De Weerd: Thank you, Kent. Council, any further information you need from the applicant, staff, or any of the neighbors? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we close the public hearing on TEC 13-003. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Item 7-A. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve TEC 13-003 with the four conditions added by staff. Rountree: Second. De Weerd: I have a motion and a second to approve Item 7-A. Council, do you have any discussion? Meridian City Council May 28, 2013 Page 10 of 23 Rountree: Madam Mayor, just a comment with respect to the traffic. That was looked at and Kent did a good recall of what went on in the planning of the subdivisions out there. It's unfortunate that it all doesn't get built at once, but we were fortunate in this instance that it all got planned together. Those roads are there and meant to go through to provide continuity and connectivity in neighborhoods. These folks who will live in this area will want to utilize the park, they will want to go west through another neighborhood. And, likewise, the neighborhoods on either side will commute back and forth. So, that's part of what we try to do in looking at transportation systems within these large blocks of development, to connect them to the communitywide resources and institutions that are there and connect them amongst their neighbors. I think we -- again, I will state again I think we were fortunate when we looked at this whole section together and to me I'm glad to see it finally come to completion. De Weerd: I think that one thing that has happened since this all transpired is those dead end streets, we have asked ACHD to start signing them that they will be extended in the future, because I don't think a lot of homeowners did realize that and so we started making those a condition. But I think that was far after this development was -- was approved. So, any further discussion from Council? Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Public Hearing: VAR 13-002 Knighthill by James Wylie Located Southwest Corner of Chinden Boulevard and N. Linder Road Request: Right-In/Right- Out Access Point to State Highway 20/26 (Chinden Boulevard) De Weerd: Item 7-B was requested to be continued to June 4th. So, I will go ahead and open the public hearing on VAR 13-002 and entertain a motion to continue to June 4th. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue VAR 13-002, public hearing to June 4th, 2013. Rountree: Second. De Weerd: I have a motion and a second to continue this public hearing to June 4th. All those in favor say aye. All ayes. Motion carried. Meridian City Council May 28, 2013 Page 11 of 23 MOTION CARRIED: ALL AYES. C. FP 13-022 Accolade Subdivision by Idaho Survey Group Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Final Plat Consisting of One (1) Multi -Family Residential Building Lot and One (1) Common Lot on Approximately 11.23 Acres of Land in an R-40 Zoning District De Weerd: Item 7-C is final plat 13-002. 1 will ask for staff comments. Hood: Thank you, Madam Mayor, Members of the Council. Again, this is a project that Bill Parsons wrote the staff report for, but I will give the presentation this evening. The -- excuse me. The application that's on your agenda is for the final plat. I will just let you know that there is a private street application that is also tied in with this -- this project. This is an 11.23 acre site, zoned R-40, located south of Overland, west of Bonito Way and between Blue Horizon and the Ridenbaugh Canal. The proposed final plat consists of a multi -family lot and a common lot. The Accolade Subdivision was approved by the City Council on February 7th, 2012. Council also approved the CUP that allowed the lot to develop with 276 multi -family units. The proposed common lots, per the landscape fagade include part of the common lots developed with Gramercy Subdivision No. 1 and as I mentioned a private street proposed within the project. The internal connectivity is the same as the preliminary plat. The number of building lots is the same. Common open space is the same. And staff finds that the proposed plat is in substantial compliance with the project that Council approved in 2002. Similar to the last project, we also have a written correspondence from the applicant stating that they are in agreement with the conditions as proposed in the staff report. With that, Madam Mayor, I'd stand for any questions. De Weerd: Thank you, Caleb. Any questions from Council? Bird: I have none. De Weerd: Is the applicant here? We do have a letter that they agreed with staff's report. Council, any further information you need on this item? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve FP 13-002 and include staff comments and the letter from the applicant. Rountree: Second. Meridian City Council May 28, 2013 Page 12 of 23 De Weerd: I have a motion and a second to approve this item. Any discussion from Council? Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 8 Department Reports A. Community Development Block Grant (CDBG) Project and Activity Prioritization for Program Year 2013 De Weerd: Item 8-A is under our CDBG. I will turn this over to Lori. Den Hartog: Thank you, Madam Mayor, Members of the Council. I'm here tonight to present recommendations from the Community Development Block Grant scoring committee and going over kind of the preliminary stage to our annual action plan process. So, for the upcoming program year, which is program year 2013, which is scheduled to begin on October 1, our estimated entitlement amount is 243,000. We have not received notice from the U.S. Department of Housing and Urban Development what our grant amount will be for the coming year. Based on the information that we have preliminarily received from HUD we are estimating a five percent reduction from our current year's allocation. If that number is different as we move forward, I may come back to Council and if it's up or down and request some additional guidance and direction from you, depending on what that final number will look like and based on the estimate our public services are capped at -- they are always capped at 15 percent, so our estimated allocations for public service type projects is just over 36,000. Administration is capped at 20 percent. Ten percent was last year. Staff is recommending an allocation of 18 percent, which is approximately 43,000. Our application process involved a workshop where we invited past applicants and potential future applicants to come to the city and meet with staff to discuss possible projects and what types of projects would fit in with the city's plan for use of these grant dollars. So, applicants are required to submit a full application. The projects were scored and ranked by an internal scoring committee. They were scored on the following: The goals and outcomes of the proposed projects. The need in the community that the project addressed. How the organization plans to carry out their proposed projects. Their capacity to do that. And how the project would or would not meet the goals and objectives of the city's consolidated plan, which is our five year plan for use of these dollars. And just a refresher, the national program goals and objectives are to provide decent, safe, sanitary housing, provide a suitable living environment, to expand and participate in economic opportunities. The national objectives of the program are to benefit low to moderate income persons, to aid in the prevention or elimination of slums or blight and to meet an urgent need. The city's consolidated plan, we have three main strategies to improve access to affordable housing opportunity for Meridian residents, Meridian City Council May 28, 2013 Page 13 of 23 to support services, programs and projects for the city's low to moderate income residents, including persons with special needs and residents at risk of homelessness. The first strategy is to improve economic opportunities in the city's LMI areas. So, with that I'd like to cover the applications that we received this year. We received four applications, so four requests for projects that fell under the public service category. The requested total was just over 101,000 dollars. And, again, available funding is just over 36,000. So, substantially less than what was requested. Based on the applications that were submitted and the scores that those applications received, the committee recommended partial funding for two of those submitted applications. I'd like to briefly go over the four applications that we received and, then, the recommended funding level. And so we received an application from the Meridian Food Bank to purchase food and that food would be distributed through the facilities down on Broadway to hungry families and to children in need in Meridian. The second application was from the Boys and Girls Club in Meridian, a scholarship program. They requested 25,000 to provide scholarships on a sliding scale based on income levels for programs that are fee based at the club. So, these programs are the Summer Early Risers program, the Meridian Sunshine Club, and the Meridian kindergarten program. These programs cost an additional amount above and beyond the club membership dues, which are pretty low for the annual fees and they provide an important service to working parents, particularly before and after school or during the summer. The Salvation Army. This was a new application that we received this year. We have never had the Salvation Army apply. They applied for case management for the Finally Home rapid rehousing program of homeless families. The Finally Home program is a transition in place program for homeless residents. The Salvation Army operates this program within the City of Boise. They have experienced some good success with it. They are moving away from the model of having homeless shelters and providing housing first and, then, intensive case management for homeless individuals that need. assistance. It's an approach to ending homelessness that's had some good success. And, then, finally, the last application that we received was from Open Lines Training for the senior job training and placement program. This is a program to provide job refresher and training and job placement for Meridian seniors. We did fund this project last year and they are having some success with their project this year. Based on the scores that we did receive and the estimated amount that we have, staff has -- or, excuse me, the committee is recommending a funding level of just over 26,000 dollars for the Meridian Food Bank and 11,000 dollars for the Boys and Girls Club. The Boys and Girls Club requested 25 -- as you can see the request is -- both of these agencies have indicated they can make use of any amount of funds that we would be able -- that we would be able to provide through this grant. For the nonpublic service application we received seven requests for a total of just over 262,000 dollars. Based on the other caps and things that we had, the available funding for these types of projects is just over 163,000. Have a little bit of a unique situation this year for our nonpublic service applications. Based on the scores that the applications received the scoring committee recommended funding on only two of the applications for a total of 120 -- just over 127,000 dollars. So, you see that that's less than what we have available and I will provide an explanation along the way as we discuss these projects. So, the first few applications that we received were from the Meridian Parks and Recreation Meridian City Council May 28, 2013 Page 14 of 23 Department. The first for a restroom facility at Centennial Park for 91,000 and the second for a picnic shelter at 8th Street Park for just over 36,000. Those are both pretty straight forward projects. The third application we received was for Liberty Housing Service for an application and rehab and at the request of 25,000, they have not proposed this project to us before. It's a project that they currently operate. They have other funding sources that they utilize. The way that they propose the use of the 25,000 was to be combined with other funds that they had to purchase one single family home in Meridian to rehab that home and to sell it to an eligible low to moderate income family. One of the -- there is a couple of reasons that the scoring committee did not recommend that application for funding. It opens us up to the possibility of program income, which is something that greatly increases our administrative oversight and time into the future for tracking and things like that and some of it is -- some if it is a little bit of a learning curve, but need something we can continue in discussion with Neighborhood Housing Services. They have other funding sources to operate this program. They haven't implemented it in Meridian yet. They are currently doing acquisition and rehab type projects in Boise, but that may be something we continue to explore with them in the future. The next two are ones that you're familiar with. Both Neighborhood Housing Services and Ada County Housing Authority applied for down payment assistance. These funds, as you know, are used to provide an additional source of down payment funds for low to moderate income families purchasing a home in Meridian -- anywhere in Meridian. These two applicants, because of the current market that we are in, and the tightening of credit and the type of applicants that they are receiving it's been more difficult for the folks that they are assisting to receive -- I just totally lost my train of thought. Sorry. To obtain a loan and, therefore, to utilize the down payment assistance. So, the other part of that that we have had some carryover funds from both of these -- from both of these activities from previous years. We have funded the down payment assistance program each year that we have had our grant. Neighborhood Housing Services has 21,000 remaining in their line of credit with us and Ada County Housing Authority has just over 27,000 remaining in their line of credit with us. So, there is still funds available for those entities to carry out the down payment assistance program. The committee thought that it would be good to maybe take a year off from that, let them get those funds spent and, then, reevaluate next year if they decide to reapply. A little bit of the same situation with the next application. That was from the Meridian Development Corporation for the fagade improvement program. They have requested 30,000 dollars. Two years ago we allocated 40,000 dollars to this program. The Meridian Development Corporation has took a little bit of time to get this project off the ground. They are making progress. To date they still have 39,000 in their line of credit and that can be a little bit -- a little bit deceptive. They have other projects underway and the way it works is the property owners go out and get the -- get the work completed, they pay for it, they wait for reimbursement from MDC and, then, MDC waits for reimbursements from us. So, there is a little bit of a time lag. In their current agreement with MDC they have to have all of their existing funds at least allocated, they don't have to be spent, but they have to be allocated by July 1 of this year. In conversations with their program manager, Ms. Ashley Ford, she stated that they thought they could reach that goal and have all of their existing funds allocated. So, the scoring committee similar to the two down payment assistance programs, we Meridian City Council May 28, 2013 Page 15 of 23 thought it would be good to get those funds spent and to see those entities use what they have existing and, then, perhaps to reevaluate in a future year. And, then, the last application that we received was the Meridian Development Corporation submitted an application for 10,000 dollars for way finding signage and this would be to design and install signs in the downtown core area consistent with MDC's plans. This application did not score high enough to receive funding and one of the primary reasons for that was it wasn't particularly clear how it met a national objective or one of our five year plan consolidated goals. So, that's a little bit about each of those applications. One of the things that I wanted to talk to you about -- and it was certainly a concern of our scoring committee and as far as you can see the two projects that we have recommended for funding are to projects submitted by our Parks and Recreation Department. So, the committee was concerned about the perception that we have other folks applying and that we are funding two city projects and looking back over the years -- over the six years that we've had the grant of the nonpublic service applications it has not been unusual. The types of -- the other applicants that we have funded are the ones that you can see before you be funded, projects through MDC and, then, we funded the down payment assistance program and other than that all of the other projects have been city projects and part of that is the nature of the projects that qualify for the nonpublic service applications. By the very definition most of them are undertaken by a government entity or a quasi -government entity. So, that is certainly -- that's certainly part of it. And the other component is the housing projects that other cities may undertake with -- with these grant dollars. Frankly, our grant isn't large enough to do -- to undertake some of those other types of projects. So, while our committee has concerns about that, we still felt that -- that our recommendation was solid based on the applications that we received and the scores that those applications received, at least for this year. And, again, that doesn't preclude any of these applicants from applying again in future years and that was certainly -- that was certainly the feeling of the body at that time. So, what we are left with is an interesting situation that we haven't had before. Based on our estimate, then, with the two projects that were recommended for funding, we have remaining 36,000 dollars. So, there are a couple of options that can go to option two as I start drafting our annual action plan as we move forward. One of the options -- and I have had discussions with Nampa and Boise how they handle this when they don't have a specific project at the time of the drafting their action plan, they have stated that they identify a general type of project and come back at a later date with specific options. So, that is one option before you this evening for the remaining funds of approximately 36,000. So, one option would be to draft the annual action plan, stating that we will construct one public facility improvement project in the LMI area and, then, come back to Council at a later date, probably by December or January, which is usually when we get our grant funds anyway. With a couple options for Council to consider. So, some of those types of projects they could include water and sewer project design, could include public art, sidewalk construction, street lightening and I don't have anything specific at this time, this is just to give you a flavor for what we could possibly spend the dollars on. And we would propose working with other city departments and other agencies, through ACHD, MDC, and other public entities to see if there is something that maybe we can collaborate on and propose and work together. And there are options that Council can direct me to this evening. If there Meridian City Council May 28, 2013 Page 16 of 23 is another application that the committee didn't recommend for funding, if there is one that Council feels like we could fund with those remaining funds. So, that's an option as well. So, I know that's a lot to take in and I usually don't talk this much when I'm before you, but with that I'm happy to stand for any questions. I will quickly cover our process moving forward. On June 20th is when -- after the action plan is drafted is when the public comment period will open. That opens with notice in the newspaper and I will e-mail out anyone that has been involved in our action plan and has requested a copy of that and, then, we will have a public hearing on July 23rd regarding that annual action plan and, then, I will send it on to HUD after that. So, happy to stand for any questions that you may have. De Weerd: Thank you, Lori. Any questions from Council? Councilman Zaremba. Zaremba: Madam Mayor. First, thank you for all the effort that you and the committee put in to organizing this complicated thing and presenting it in a way that it's understandable. I appreciate that. As a suggestion to do with the unassigned funds, is it possible -- might it be wise to just say that we are going to hold those in case the grant turns out to be minimized, either by the sequester or some other government activity that says, oh, by the way, you're not going to get as much as you thought you were going to get and might it be wise for us to just not assign that money and say if, in fact, we get it, then, we will look for something else. Is that a possibility? Den Hartog: Madam Mayor, Councilman Zaremba, that was a question I raised with Boise and Meridian, too, to ask have you ever not allocated all of your funds, you know, what do you do and their response was you have to allocate it, but we could -- if we set it up in something where we don't have a specific project, because it's a public facility and the other ones we are recommending for funding are public facilities, if those go over budget we could use those funds, it would be consistent with how we would identify the use of those and maybe it's not for a specific project, but it's for a public facility to benefit our LMI residents. So, I think there is a couple of parameters that we would need to be clear about. I think we can't leave it too vague, you know, there is certain parameters I think that we certainly want to lay in our action plan so the public is clear that, you know, we will be doing some kind of project. And, again, what -- because it's not specific and because we haven't done this type of thing before, my recommendation would be to come forward in a public setting like this when we have some options, so that the public has a chance to consider the specific activities that we might be choosing from. Again, I don't have anything in mind at this point, but your thoughts. De Weerd: Lori, right now I know the planning division is looking at our streets and I -- I think that can play into it. Certainly I think your list was well constructed in terms of some of the needs in our -- in the areas of interest. In particular I know there is some safety lighting concerns. Certainly connected sidewalks -- I don't -- sidewalk construction is huge in particular in this area and as we look at our safe routes to school this last fall we had some requests that I believe that Ada County Highway District was able to mitigate, but we can look at some of those areas as well. Oh. And I think that Meridian City Council May 28, 2013 Page 17 of 23 Councilman Hoaglun with the construction of Meridian Road and the location of Meridian Elementary and seeing that that will be a much wider, busier roadway, HOC signals might be something north of Pine that might be warranted as well. So, any of those areas certainly have probably some need associated with them. Council, any other comments? Council Member Hoaglun. Hoaglun: Madam Mayor. Lori, the public service projects are limited to 36,500 total; correct? Den Hartog: Correct. Hoaglun: And the Food Bank was recommending 26,500 and Boys and Girls Club 11. Is that going to be ten? Den Hartog: Yeah. Sorry. That doesn't add up. I apologize. Hoaglun: So, was that 10,000 to the Boys and Girls Club or 11,000 and 25,000? Den Hartog: I think the Meridian Food Bank was 25,500. 1 apologize. And the Boys and Girls Club at 11,000. Hoaglun: Okay. Den Hartog: Thank you -- Hoaglun: Yeah. Den Hartog: -- for my number correction. De Weerd: Anything further from Council? Rountree: That answered my question. De Weerd: Okay. Very good. Well, thank you, Lori, and we will look forward to the update. When do you generally get the award letter? Den Hartog: It's a little late in coming this year. When I e-mailed about a week ago they said it was coming out anytime, so with the federal government we don't always quite know. So, I'm hoping soon and I really am hoping that we will have it before I publish the draft action plan, so that that will have some more firm numbers and I think that will make a difference and if it's substantial one way or the other in my estimate, I may come back before you for some additional direction, depending on what that number looks like. De Weerd: Very good. Well, thank you so much. Meridian City Council May 28, 2013 Page 18 of 23 Den Hartog: Thank you. B. Public Works: Budget Amendment for FY2013 for the Not -to - Exceed Amount of $55,000.00 for Wastewater Consulting C. Public Works: Budget Amendment for FY2013 for the Not -to - Exceed Amount of $77,000.00 for Waterline Extensions D. Public Works: Budget Amendment for FY2013 for the Not -to - Exceed Amount of $130,000.00 for Well 15B Test Well De Weerd: Item 8-B is our Public Works -- actually 8-13, C, D. So, Warren, it's all yours. Stewart: Thank you, Madam Mayor, Members of the Council. Do you want me to address all three of them in a row? De Weerd: Yes. Bird: Yeah. Stewart: Thank you. The first budget amendment that -- is Item B. First of all, I want to make note that you have an informational memo associated with that. You also have the actual budget or amendment request. The amendment request has some modified numbers that have been handwritten in there. Those are correct. So, the handwritten -- or the memo that's along with that is incorrect by -- I think it's 15,000 dollars and the reason for that was there was -- actually, Finance had more money in that budget than we thought we had. So, we are going based on the numbers from our database and once the amendment went through the process we discovered that there was actually some additional money available in that and so this -- this request is going to go down a little bit from 70,000 that was on the memo to 55,000. So, 15,000 dollars less. And 40,000 of that, just to dive right in, is reprogrammed money or reallocated funding from water line controlling funds. Every year we have some money available in that fund and this year it does not appear that we are going to have projects that will utilize all of that money, so we'd like to reallocate that and, then, ask for 15,000 additional dollars and it's going to go to three different locations, essentially, or three different pieces of work that we have ongoing. One is the NPDES emitting or technical assistance we have going on and, essentially, that's most directed at this present time to the TMDL -- the phosphorus TMDL on the Boise River and what we have control doing for us to represent our interest in that. Secondly, there is some money that needs to be allocated to -- including the design of the reclaimed water pipelines in the Franklin Road project from Ten Mile to Black Cat. It's not planned to be built until 2015, but we need to get the design in there now, because the plan -- ACHD is moving forward to complete those plans and put them on the shelf for that project. We will, we hope, have some more information on the NDPES permit and what that's going to mean to the City of Meridian before that goes to construction and, if necessary, we could pull that from that project at that time. But it's easier to pull that from the project at the last minute than it is to try Meridian City Council May 28, 2013 Page 19 of 23 and scramble to get that information in the plan. And, then, thirdly, there is wastewater treatment plant frontage improvements and this is, essentially, excuse me, related to the RV dump facility that we are putting in out there. We are relocating that. But as a part of that, if you have been out there -- I know you have -- and, then, tried to -- you're coming southbound on Ten Mile Road and you got a big RV on and you're trying to pull into the wastewater treatment plant. That is a near impossible corner to take. There is a big concrete irrigation head wall right there that's very difficult and sort of dangerous to get in and sometimes we have people stop and have to back up and so forth. So, along with this project and along with the two new building projects that we have got going on out there, we would like to reallocate some funds to design a new entryway, make that a little more open, a little more accessible. If we are going to allow RVs to come in there and use that, we'd like to have a safer, better entrance for those RVs to get into the facility and also include some signage and some fencing associated with that. So, that's what this amendment's for. De Weerd: Warren, will that help mitigate -- I know this winter when it was so slick out just the employees going to work with that open ditch right nearby was a little bit scary on occasion. So, will that correct that? Stewart: It will certainly help, because the entrance will be made wider, it will be easier to get off of Ten Mile Road -- slow down and get off of Ten Mile Road out of the road of traffic that's continuing up and down Ten Mile Road. So, it will definitely improve the entrance. The concrete structure is going to have to be moved back a ways, so it will be further off Ten Mile and so -- and there is going to be fencing put in there at the entrance, so if they were to run into something they would run into the fence before they would end up in the ditch. De Weerd: That would be good. Stewart: So, to that extent, yes. Any questions? Okay. Moving on. Item No. 2 -- or amendment number two is a request to reallocate funds to a water line extension from Well 17-B -- well, every year we do two well -- essentially assessments and allocate money for reconstruction of two wells. This year we did Well 17 and Well 15 and I will talk about 15 in just a moment. Well 17 actually turned out when we did the -- the assessment of Well 17 it turned out it was in pretty good shape and we didn't need to spend a lot of money getting it cleaned up and rehabilitated. So, we had a little money left over and we want to reallocate that money to water line extensions to help with the project out on Locust Grove south of Victory to extend a water line south to a new development that's going on out there. It's going to be part of the work that the city is going to be responsible for doing. So, that's what this project is primarily for and any questions on that one? Okay. Moving on. The last budget amendment is for 130,000 dollars, a portion of which I believe is reallocated funding and a portion of which is new and, essentially, what this amounts to is Well 15 was the other well that we assessed and we are going to reconstruct. We did the assessment on Well 15 and determined that it was actually in -- unlike 17, it was in such bad shape it didn't make any sense to rehabilitate that well and so we need to start the process to actually redrill a new well Meridian City Council May 28, 2013 Page 20 of 23 adjacent to it. Well 15 currently has issues with high manganese and iron and so we would like to drill a test well first and test the geology, as well as the water quality at different aquifer levels and determine the best location to, essentially, isolate or put the new well and so this money is going to be used to drill that test well and put that in in preparation for designing a new Well 15. De Weerd: Thank you, Warren. Council, any questions? Rountree: I have none. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move to approve Items 8-B, C and D, budget amendments not to exceed 55,000 dollars for wastewater consulting, budget amendment in the amount of 77,000 dollars for water line extensions, and a budget amendment in an amount not to exceed 130,000 for rehabilitation -- or for Well 5-B test well. Bird: Second. De Weerd: I have a motion and a second to approve Items 8-B, C and D. Any discussion from Council? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. E. Mayor's Office: Budget Amendment for FY2013 for the Not -To - Exceed Amount of $2,871 for the Mayor's Youth Advisory Council Fundraiser for Ben's Bells De Weerd: Item 8-E is a budget amendment under the Mayor's Youth Advisory Council and Robert will provide you some information on that. Simison: Thank you, Mayor and Council. I asked Ken to be here tonight, but apparently it's game seven and his San Jose Sharks are playing, so I let him off the hook and told him I would go for him tonight. What you have before you is a budget amendment which is the result of the efforts of the Ball at the Hall, which was the ticket sales, as well as the silent auction items which comprises the Mayor's Youth Advisory Council annual fundraising event that they did for Ben's Bells. So, the budget Meridian City Council May 28, 2013 Page 21 of 23 amendment you have before you is for 2,871 dollars, which would be a donation to that organization for the group's efforts and I will stand for any questions. De Weerd: Thank you. Council, any questions? Bird: I have none. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of the budget amendment in the amount of 2,871 dollars for the Mayor's Youth Advisory Council fundraiser from that to -- for Ben's Bells. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-E. Madam Clerk, will you call roll? Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Ordinances A. Ordinance No. : An Ordinance for the Annexation of a Parcel of Land Located North of Chinden Boulevard, South of Phyllis Canal and Approximately 1/2 Mile East of N. Black Cat Road, Commonly Known as Heron Ridge Estates (AZ 13-002) De Weerd: Item 9-A is Ordinance 13-1558. Madam Clerk, you will, please, read this ordinance by title only. Holman: City of Meridian Ordinance No. 13-1558, an Ordinance AZ 13-002, Heron Ridge Estates, for annexation of a parcel of land being a portion of southwest one quarter of Section 22, Township 4 North, Range 1 West, Boise meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lads from RUT, and R-1 in Ada County, to R-2, Low Density Residential District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder and the Idaho State Tax Commission as required by law and providing for a summary of the Meridian City Council May 28, 2013 Page 22 of 23 ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: Thank you. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Seeing none, I move that we approved Item 9-A, Ordinance 13-1558 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 9-A. All those -- oh, I'm sorry. Madam Clerk, roll call, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 10: Future Meeting Topics De Weerd: Council, any topics to set on future agendas? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I just wanted to give you an update that we have the ordinances next week for you for the changes to the Council structure, including the additional Council seats that were approved in the election from a week ago. So, those will be on your agenda, I'm just giving you a heads up about that. De Weerd: I think Madam Clerk had sent out an e-mail earlier that the vote had been -- Holman: Canvassed. De Weerd: -- canvassed. Okay. If there is nothing further I would entertain a motion to adjourn. Rountree: So moved. Meridian City Council May 28, 2013 Page 23 of 23 Bird: Second. De Weerd: All those in favor. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED At 8:02 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) /3 MAYOR T Y DE WEERD DATE APPROVED ATTEST: EE(R LMAN, CITY CLERK �oRPZLD e ucLs\ 4 � L !9 Oma, city of ID --AHO J['nL V b, T R E� Changes to Agenda: Item 7B: Applicant has requested this item to be continued the June 4th hearing. Item VA: Bellingham Park (TEC -13-003) Application(s): Time Extension Size of property, existing zoning, and location: This site consists of 11.85 acres, is currently zoned R-8, and is located approximately a'/4 mile east of S. Locust Grove Road and a'/4 mile north of E. Amity Road. Summary of Request: This is the third time extension requested for the subject plat. This is the final phase requiring City Engineer's signature. The applicant has submitted updated construction plans to Land Development for review and approval however obtaining the City Engineer signature before the plat expires is not feasible. Since the updated plans are under review the applicant has only requested a one year time extension. Per UDC 11 -6B -7C, with all extensions, the City Council may require the preliminary plat to comply with current provisions of the UDC. The UDC has been updated since the previous time extension thus staff has recommended the following conditions for the granting approval of the time extension: 1) The property owner to post a performance surety with the City in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. 2) The property owner is also required to post a warranty surety with the City in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. 3) The applicant must comply with the new street light standards and 4) The applicant shall be responsible for extending a 21 -inch sewer trunk line to and through the development and shall be responsible for all costs associated with the installation of the truck line. The applicant may be eligible for reimbursement per MCC 8-6-5. Staff has included new conditions of approval in Exhibit B of the staff report for the subject time extension. Written Testimony: Applicant is in agreement with the new conditions of approval contained in the staff report. Outstanding Issues for City Council: None Notes: Item #7C: Accolade (FP -13-022 and PS -13-004) Application(s): ➢ Final plat ➢ Private Street Size of property, existing zoning, and location: This site consists of 11.23 acres, is currently zoned R-40, and is located south of E. Overland Road, west of S. Bonito Way between E. Blue Horizon and the Ridenbaugh Canal. Summary of Request: The proposed final plat consists of a multi -family lot and a common lot on approximately 11.23 acres of land. The Accolade Subdivision was approved by Council on February 7, 2012. The Council also approved a conditional use permit that allows the proposed lot to develop with 276 multi -family units. Except for the proposed common lot, landscaping for the site was reviewed and approved with a certificate of zoning compliance and administrative design review application. Occupancy of the structures is predicated on the recordation of the final plat. The proposed common lot (Lot 1, Block 2) will be landscaped with sod and included as part of the common lot (Lot 2, Block 4) developed with Gramercy Subdivision No. 1. A private street is also proposed to be constructed within the development. A requirement of the recorded development agreement requires the extension of a private street through the development to provide future access to the southern property (phase two of the plat). In addition, a temporary emergency access was approved for construction on the southern lot during development review. Because the number of buildable lots is the same, internal connectivity is the same and the amount of common open space is the same, staff finds the proposed plat to be in substantial compliance with the approved preliminary plat as required by UDC. Outstanding Issue(s) for City Council: None Written testimony: Applicant is in agreement with the conditions of approval in the staff report. Notes: Meridian City Council Meeting DATE: May 28, 2013 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Approve Minutes of May 7, 2013 City Council PreCouncil Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 28, 2013 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Approve Minutes of May 14, 2013 City Council Workshop Meeting MEETING NOTES 9 APPROVED 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: May 28, 2013 ITEM NUMBER: 5 PROJECT NUMBER: ITEM TITLE: Approve Minutes of May 7, 2013 City Council Meeting MEETING NOTES 9 APPROVED 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: May 28, 2013 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: Mini Heavy Equipment Rodeo Agreement with Cesco for Public Works Week Expo 2013 MEETING NOTES �D Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ^ EN DIAN�-- IDAHO Public Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Ashley Newbry, E.I.T. David Allison, E.I.T. Staff Engineers DATE: May 24, 2013 Mayor Tammy de Weerd City Cewndl Members, Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: MINI HEAVY EQUIPMENT RODEO AGREEMENT WITH CESCO FOR PUBLIC WORKS WEEK EXPO 2013 I. RECOMMENDED ACTION A. Move to: 1. Approve the License and Indemnity Agreement with Cesco for the Mini Heavy Equipment Rodeo 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Ashley Newbry, PWW Expo Chair David Allison, PWW Expo Sub -Chair Kyle Radek, Asst. City Engineer Warren Stewart, PW Engineering Manager Tom Barry, Director of Public Works Page 1 of 2 489-0385 489-0370 489-0343 489-0350 489-0372 III. DESCRIPTION A. Background Each year the Mini Heavy Equipment Rodeo is a focal point during the Public Works Week Expo. This year, we are working primarily with Cesco to put on this Mini Heavy Equipment Rodeo. IV. IMPACT A. Strategic Impact: The driveway between the City Hall east parking lot and the Meridian Mill will be closed to traffic. This area will be reserved for the Mini Heavy Equipment Rodeo. The equipment will be live and operational, so it can be quickly moved, if necessary. B. Fiscal Impact: License and Indemnity Agreement $0.00 V. ALTERNATIVES A. The City could choose not to sign the License and Indemnity Agreement with Cesco; this will prevent the Mini Heavy Equipment Rodeo at City Hall. VI. TIME CONSTRAINTS Council's approval will allow for the timely return of the signed license agreement to Cesco. This will allow Cesco to prepare properly for the Mini Heavy Equipment Rodeo. VII. LIST OF ATTACHMENTS A. License and Indemnity Agreement (Rodeo) Approved for Council Agenda: Page 2 of 2 -5/1- 3 Z', Date LICENSE AND INDEMNITY AGREEMENT with CESCO for the 2013 PUBLIC WORKS WEEK MINI HEAVY EQUIPMENT RODEO This LICENSE AND INDEMNITY AGREEMENT is made this �,'3 day of , 2013 ("Effective Date"), by and between Contractor's Equipment Supply Co, dba CESCO, whose address is 2000 E. Overland Road, Meridian, Idaho (hereinafter "Licensee"), and the City of Meridian, Idaho, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), whose address is 33 E. Broadway Ave., Meridian, Idaho. WHEREAS, City is hosting an event at the Meridian City Hall Plaza. on May 24, 2012 to celebrate Public Works Week; and WHEREAS, as part of the Public Works Week celebration, Licensee is sponsoring a mini heavy equipment rodeo activity in the City Hall east parking lot (referred to herein as the "Property"); and WHEREAS, the City of Meridian is willing to allow Licensee a limited license to use Property for this purpose; NOW THEREFORE, in consideration of the recitals and mutual covenants, agreements, and inducements contained herein, the parties hereby agree as follows: I. SCOPE OF LICENSE GRANTED BY CITY. A. Scope of use. Licensee's use and occupancy of the Property shall be limited to activities associated with the mini heavy equipment rodeo, specific activities include the following: B. Participant Waiver and Release Required. Licensee shall have each participant execute the "Release and Waiver of Liability Agreement" in form and content substantially similar to that set forth in Exhibit "A" attached hereto and incorporated herein. C. Term of license. The term of this Agreement shall be from 4 p.m. to 7 p.m. on June 5, 2013, along with sufficient time to set up and tear down immediately before and after the time period set forth herein. II. INDEMNIFICATION; INSURANCE. A. Indemnification. In consideration of Licensee's fee -free access to and use of Property, Licensee shall, and hereby does, indemnify and save and hold harmless City from and for any and all losses; claims; actions; judgments for damages; injury to its members, agents, �-� invitees, volunteers, contractors, officials, officers, guests, employees, other persons, or property; and/or losses and expenses caused or incurred by Licensee and not caused by or arising out of the tortious conduct of City of Meridian. Licensee acknowledges that LICENSE AND INDEMNITY A GREEMENT PAGE 1 OF 5 accessing or using Property carries risks, some of which are unknown, and assumes these and any and all other known and unknown risks and hazards of such activity and any activity related thereto. Licensee forever waives and releases, on behalf of itself, its members, its agents, its employees, and their heirs, executors, administrators, assigns, and/or personal representatives, any and all claims and/or rights for damages Licensee and its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees now has or may hereafter have against the City of Meridian and/or its employees, elected officials, agents, guests, and/or business invitees, suffered in connection with or arising out of Licensee's access to and use of City facilities and/or any activity related thereto and not caused by or arising out of the tortious conduct of the City of Meridian or its employees. B. No coverage provided. Licensee acknowledges that the City of Meridian shall not provide for Licensee or for its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees, any insurance or coverage of any kind, whether financial, medical, property, or otherwise, for any accidents, injuries, deaths, illnesses, losses, or damages that result during or arise out of Licensee's actions or omissions hereunder and/or any activity related thereto. C. Licensee to maintain insurance. Licensee shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, and upon each and every occasion on which Licensee uses the Property hereunder, liability insurance in which the City of Meridian shall be named additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. 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, Licensee covenants and agrees to indemnify and save and hold harmless City from and for any and all such losses, claims, actions, or judgments for damages or liability to persons or property. Licensee shall provide City with a Certificate of Insurance or other proof of insurance evidencing Licensee's compliance with the requirements of this paragraph and shall file such proof of insurance with the City Clerk. In the event the insurance minimums of the Idaho Tort Claims Act are changed, Licensee shall immediately submit proof of compliance with the changed limits. D. Waiver. Licensee and its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Licensee's use of City's Property, whether such loss or damage may be attributable to known or unknown conditions, except for liability caused by or arising out of the tortious conduct of the City of Meridian or its employees. E. As -is condition. The City makes no warranty or promise as to the condition, safety, usefulness, or habitability of the premises of the Property; Licensee accepts same as -is, both at the effective date of this agreement and at the time and for the purpose of each event and activity specified herein. F. Good faith. Licensee will utilize the Property in a manner that will best conserve the current condition of the Property. LICENSE AND INDEMNTIYAGREEMENT PAGE 2 OF 5 M. GENERAL PROVISIONS. A. Alterations, improvement to real property. Licensee shall not make, or permit to be made, alterations to or improvements to Property without first obtaining City's written consent. B. Relationship of Parties. Licensee and its members, agents, invitees, volunteers, contractors, officials, officers, guests, and employees are neither independent contractors nor employees, agents, joint venturers, or partners of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Licensee and City or any official, agent, or employee of City; or between any of Licensee's members, agents, invitees, volunteers, contractors, officials, officers, guests, employees, and the City or any official, agent, or employee of City. C. Termination. If, through any cause, Licensee fails to comply with the terms of this Agreement, violates any of the covenants, agreements, and/or stipulations of this Agreement, or of any other applicable law, ordinance, regulation, or policy, and/or engages in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement, City may immediately terminate this Agreement without the necessity of providing written notice to Licensee of such termination. Notice of for -cause termination shall be effective immediately upon verbal notification by City. D. No waiver. City's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition, nor shall such waiver operate to prejudice, waive, or affect any right or remedy City may have under this Agreement with respect to such subsequent default or breach by Licensee. E. 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 by United States Mail, certified, return receipt requested, addressed as follows: City: City of Meridian Public Works Department Attn: David Allison 33 E. Broadway Avenue Meridian, Idaho 83642 Licensee: CESCO 2000 E. Overland Road Boise, Idaho 83642 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. F. Compliance; no discrimination. In undertaking activities under or related to this Agreement, Licensee shall comply in all respects with all applicable laws, ordinances, regulations, policies, agreements, and requirements, including, but not limited to, the CUP, LICENSE AND INDEMNITYAGREEMENT PAGE 3 OF 5 and further shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. G. Entire Agreement. This Agreement contains the entire agreement between the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney and/or has received the opportunity to seek such advice. I. Applicable law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. LICENSEE CESCO Mark C. Canfield President CITY OF MERIDIAN: Tammy de e rd, Mayor LICENSE.4ND INDEMNITyAGREEMENT PAGE 4 OF 5 EXHIBIT "A" SAMPLE CESCO PARTICIPANT LIABILITY WAIVER LICENSE AND INDEMNITYAGREEMENT PAGE 5 OF 5 Meridian City Council Meeting DATE: May 28, 2013 ITEM NUMBER: 5E PROJECT NUMBER: ITEM TITLE: Public Parking Agreement with RWP Meridian, LLC for Public Works Week Expo 2013 MEETING NOTES rte✓ APPROVED 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 ' °AHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Ashley Newbry, E.I.T. Staff Engineer DATE: May 24, 2013 Mayor Tammy de Weerd City Council Members$ Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: PUBLIC PARKING AGREEMENT WITH RWP MERIDIAN LLC FOR PUBLIC WORKS WEEK EXPO 2013 I. RECOMMENDED ACTION A. Move to: 1. Approve the Temporary License Agreement for public parking with RWP Meridian LLC 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Ashley Newbry, PWW Expo Chair Kyle Radek, Asst. City Engineer Warren Stewart, PW Engineering Manager Tom Barry, Director of Public Works Page I of 3 489-0385 489-0343 489-0350 489-0372 III. DESCRIPTION A. Background On the day of the Public Works Week Expo (June 5, 2013), the City Hall west parking lot will be reserved for heavy equipment exhibitions. This lot will be closed to all other parking. In the past, the City has worked with ProBuild (415 E. Broadway Avenue) to reserve parking for the public for the Public Works Week Expo. This year, ProBuild has become busier. Their stockyard is full, leaving little room for public parking during our festivities. During the years we coordinated parking with ProBuild, we also coordinated with the owner of the empty dirt lot at 502 N. Main Street to park a piece of heavy equipment and a sign to advertise the upcoming Public Works Week Expo. This year, we have contacted the current owner of 502 N. Main Street and requested use of this lot for a piece of heavy equipment, as well as public parking during Public Works Week. IV. IMPACT A. Strategic Impact: The dirt lot at 502 N. Main Street is on the northeast corner of Main Street and Bower. A pedestrian sidewalk runs along the west side of the lot and continues north to Broadway Avenue. This will allow for safe pedestrian crossing of the railroad tracks as well as Main Street. If desired, pedestrians may also use the crosswalk at the Bower/Main Street intersection. B. Fiscal Impact: Free Public Parking $0.00 Temporary License Agreement $0.00 V. ALTERNATIVES A. The City could choose not to sign the Temporary License Agreement with RWP Meridian LLC, leaving employees and the public to find alternative parking in downtown Meridian. VI. TIME CONSTRAINTS Council's approval will allow for the timely return of the signed license agreement to RWP Meridian LLC. This will also allow for advance notice to employees and the public of available and/or unavailable parking during Public Works Week. Page 2 of 3 VII. LIST OF ATTACHMENTS A. Temporary License Agreement (Parking) Approved for Council Agenda: - Dat Page 3 of 3 TEMPORARY LICENSE AGREEMENT THIS AGREEMENT made and entered into this day of++ t, 2013, by and between the City of Meridian, an Idaho Municipal Corporation, here after called "City", and RWP Meridian LLC, hereinafter called "RWP". WHEREAS, City is sponsoring an event titled "Public Works Week" and City desires to publicize the event in the downtown Meridian area, and WHEREAS, RWP owns a parcel of bare land in downtown Meridian that would accommodate public parking and a piece of heavy equipment upon which City could attach a temporary sign, and WHEREAS, RWP is willing, upon certain terms and conditions, to provide non- exclusive, temporary use of the property for the purposes stated herein for a period of time defined within this Agreement. NOW, THEREFORE, the parties hereto agree as follows: GRANT OF TEMPORARY LICENSE For and in consideration of promises contained herein, and other good and valuable consideration, RWP hereby gives and grants to City the non-exclusive right, privilege and license to use a portion of certain real property, located at 502 North Main Street, Meridian, Idaho. The property subject to this agreement is generally depicted on Exhibit A (referred to herein as the "licensed premises"). 2. TERM OF AGREEMENT This temporary license is granted for a term to begin on June 3, 2013 and expiring on June 9, 2013. 3. USE OF LICENSED PREMISES City's use of the licensed premises shall be limited to public parking and the parking of one piece of heavy equipment, such as a tractor, upon which the City may affix a temporary sign. City agrees to comply with all applicable regulations for parking heavy equipment and the placement of temporary signs pursuant to the laws and regulations of the City of Meridian and any other governmental authority with appropriate jurisdiction. Temporary License Agreement - 1 - 4. REPAIR AND RESTORATION OF PREMISIS: City shall be responsible for restoration or repair of the licensed premises necessitated by damage caused by City's use under this Agreement. 5. INDEMNIFICATION AND INSURANCE City hereby agrees to defend and hold RWP harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the maintenance, use, and occupancy of the licensed premises by City, its invitees, agents, and employees. If any claim, suit or action is filed against RWP for any loss or claim described in this paragraph, City shall defend RWP and assume all costs, including attorney's fees, associated with the defense or resolution thereof, however RWP shall not be relieved hereby from liability for its own negligent or willful act or omission or that of its employees. In addition, City shall maintain, and specifically agrees to maintain throughout the term of this Agreement, liability insurance in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code, and such amount shall be deemed to be the limit of City's covenant to save and hold harmless RWP. In the event the insurance minimums of the Idaho Tort claims Act are changed, City shall immediately submit Proof of Compliance with the changed limits. 6. NOTICES A. All notices to be given with respect to this Agreement shall be in writing addressed as follows: To RWP: RWP Meridian LLC 199 North Capitol Blvd. #300 Boise, ID 83702 To City: City of Meridian City Clerk 33 East Broadway Meridian, ID 83642 B. Notice shall be either delivered or sent by certified mail, postage prepaid, return receipt requested to the party to be notified at the address specified above, or such other address as either party may designate in writing. Every notice shall be deemed to have been given at the time it is deposited in the United States mail, or upon delivery to the party above specified, or their agent or legal representative. L Temporary License Agreement -2- 7. CONDITION OF LICENSED PREMISES City acknowledges that City has inspected the licensed premises and does hereby accept the licensed premises as being in good and satisfactory order, condition, and repair. City agrees that upon termination of this Agreement, City shall surrender the licensed premises to BOTC in the same good condition as received, reasonable wear and tear, damages by fire, acts of vandalism, or act of God exempted. 8. APPROVAL BY CITY COUNCIL REQUIRED This Agreement shall not be effective for any purpose whatsoever until it is approved by the resolution of the City Council and executed by the Mayor. IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and year first above written. RM ma CITY OF MERIDIAN By: Tammye eerd, Mayor 0%iATrDAUK S C;0 l!l s Ow Attest: p° city of IDAHO w h�1 pti k, Jaycee L.1iolman, City Clerk Temporary License Agreement - 3 - EXHIBIT "A" Parcels to be used: RI 0090000360; RI 0390000340 Temporary License Agreement - 4 - EXHIBIT "A" Parcels to be used: R10090000360; R10390000340 Temporary License Agreement - 4 - Meridian City Council Meeting DATE: May 28, 2013 ITEM NUMBER: 5F PROJECT NUMBER: ITEM TITLE: Professional Services Agreement with High Street Entertainment for Musical Talent for Concerts on Broadway Performance on June 22, 2013 for the Not -to -Exceed Amount of $2,500.00 MEETING NOTES F1 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT MUSICAL TALENT FOR CONCERTS ON BROADWAY This PROFESSIONAL SERVICES AGREEMENT — MUSICAL TALENT FOR CONCERTS ON BROADWAY ("Agreement") is made this �,q day of May, 2013 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Steve Goff, on behalf of High Street Entertainment, LLC, a limited liability company organized under the laws of the State of Idaho, whose address is 2812 Greenvale Place, Nampa, Idaho ("Promoter"). WHEREAS, the City desires that the plaza at Meridian City Hall serve as a place where members of the community can gather to enjoy downtown Meridian and to take part in the arts, and to that end, the Meridian Arts Commission is presenting Concerts on Broadway, a series of concerts to be held in the Meridian City Hall plaza during the summer; and WHEREAS, the Parties mutually desire to present, as part of Concerts on Broadway, the music of High Street, a ten -piece band specializing in the performance of jazz and rock music; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. A. Performance. High Street shall perform for the public approximately fifteen (15) songs, from 7:00 p.m. to at least 8:30 p.m., on Saturday, June 22, 2013, in the plaza at Meridian City Hall, at 33 E. Broadway, Meridian, Idaho, with one fifteen -minute break during this time. In case of inclement weather, the venue will be moved to an indoor location to be determined and agreed upon separately by the Parties. B. Sound system; set up and sound checks. City shall provide, set up, and operate any and all sound systems and equipment necessary to electronically amplify music and spoken announcements. City shall set up sound systems and/or related equipment by 5:00 p.m. on June 22, 2013, and High Street may rehearse and/or perform sound checks at that time. All set-up, rehearsal, and/or sound checks shall be completed by 6:30 p.m. C. Risers. If Promoter elects to use risers to elevate the musicians, Promoter shall provide and set up such risers, and shall utilize such materials necessary to protect City facilities from any and all damage therefrom. II. COMPENSATION. A. Total amount. City shall make total payment to Promoter for services rendered pursuant to this Agreement in the amount of two thousand five hundred dollars ($2,500.00). This payment shall constitute full compensation from City to Promoter and/or to the members of High Street for any and all services, costs, and expenses related to services performed under this Agreement. Promoter and/or the respective members of High Street shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. PROFESSIONAL SERVICES AGREEMENT — HIGH STREET, CONCERTS ON BROADWAY PAGE I of 5 B. Cancellation of event. If High Street is present and prepared to perform at the time, date, and '~ place, and in accordance with the terms set forth herein, City shall pay Promoter in the amount set forth herein, even if the event is cancelled due to unforeseen events not caused by Promoter or the members of High Street. Any decision regarding whether to cancel the performance shall be made no earlier than 6:30 p.m. on June 22, 2013. C. Method of payment. By June 7, 2013, Promoter shall provide City with: 1) a completed ACH Form, 2) a copy of a voided check, 3) a completed W-9 form, and 4) an invoice in the amount of two thousand five hundred dollars ($2,500.00) for services to be provided on June 22, 2013. So long as all documents are complete and received by June 7, 2013, City shall pay Promoter in full via direct deposit on June 22, 2013. If such documents are not received by June 7, 2013, following the June 22, 2013 performance, Promoter shall provide City with: 1) a completed W-9 form, and 2) an invoice for the amount of two thousand five hundred dollars ($2,500.00) for services provided, which invoice City shall pay within thirty (30) days of receipt thereof. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Promoter. III. VENUE A. Plaza. City shall provide for the performance the outdoor plaza on the east side of Meridian City Hall, 33 E. Broadway, Meridian, Idaho ("venue"), which is an outdoor, open, public venue. Promoter shall be solely responsible for any and all measures necessary to protect equipment, instruments, and High Street members from damage due to weather and other conditions that do or may exist. B. Public venue. Promoter acknowledges that the venue is a public place and that all members of the public shall be invited to attend. To this end, the members of High Street shall perform such material and in such a manner as shall be appropriate for all ages, values, and sensibilities. High Street's performance and attire shall not include language, attire, and/or behavior that is profane, sexual, violent, or discriminatory. C. City policy applies. Promoter and High Street shall comply with all City policies and codes applicable to use of City property and facilities, including, but not limited to, policies of the Meridian Parks and Recreation Department, and any requirements of the City Building Maintenance Technician, which requirements shall be reasonable and for the purpose of protecting City facilities and property. D. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the plaza, the performance solely for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. E. Merchandising. Promoter and/or High Street shall be authorized to sell albums and/or merchandising material at the performance, and may retain the proceeds of such sales. City respectfully requests that twenty percent (20%) of any proceeds from merchandise sold at the Concerts on Broadway event be voluntarily donated to the Meridian Arts Commission. Promoter and High Street shall be responsible for paying all sales and other taxes due and owing on the proceeds from merchandise sold. PROFESSIONAL SERVICES AGREEMENT — HIGH STREET, CONCERTS ON BROADWAY PAGE 2 of 5 IV. TERMS AND CONDITIONS A. Time of the essence. Promoter acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. B. Promotion of event. City shall promote the performance in community promotional materials and avenues, including the City newsletter, City website, Meridian Parks & Recreation Department Activity Guide, and local media and event calendars. Promoter may undertake additional promotional activities at his own expense and effort, subject only to the limitations set forth herein. City hereby conveys to Promoter permission to use City's name in all forms and media and in all manners, without violation of City's respective rights of privacy or any other rights City may possess in connection with its role in the production of Concerts on Broadway, except that City's logo may not be used in any manner whatsoever without the express, written consent of the Mayor's Chief of Staff. To the extent practicable, Promoter shall be given the opportunity to review, for purposes of accuracy, and approve all promotional materials in advance of their publication, broadcast or dissemination. The band shall be listed as "High Street" in all promotional materials that are created by City or within the City's control. C. Subcontracting or assignment of obligations. Promoter shall not subcontract or assign any of the obligations of High Street under this Agreement related to or that may relate to the band's talent or expertise. Promoter may subcontract or assign obligations that do not require the band's artistic talent or expertise, including, but not limited to, such obligations as transport and set-up of special equipment and/or instruments. Any subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. D. Non -waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. E. Indemnification. Promoter shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Promoter and/or High Street, their assistants, servants, agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto. Promoter and each member of High Street acknowledge that provision of the services described hereunder presents risks, some of which are unknown, and do agree to assume all such known or unknown risks. F. Waiver. Except as to rights held under the terms of this Agreement, Promoter and each member of High Street shall, and hereby do, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident the performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. G. Relationship of Parties. Promoter and each member of High Street is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee PROFESSIONAL SERVICES AGREEMENT — HIGH STREET, CONCERTS ON BROADWAY PAGE 3 of 5 between Promoter or any member of High Street and City or any official, agent, or employee of City. Promoter and High Street shall retain the right to perform services for others during the term of this Agreement. H. Compliance with law. Throughout the course of this Agreement, Promoter and each member of High Street shall comply with any and all applicable federal, state, and local laws. I. Non -Discrimination. Throughout the course of this Agreement, neither Promoter nor any member of High Street shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. J. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. K. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. L. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. M. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. N. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. O. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. P. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: City: Promoter: City of Meridian High Street Er;ltertainment, LLC Emily Kane, Deputy City Attorney 2812 Greenvale Place 33 E. Broadway Avenue Nampa ID 83686 Meridian, Idaho 83642 Either party may change its address for the purpose of this section by giving written notice of such change in the manner herein provided. PROFESSIONAL SERVICES AGREEMENT — HIGH STREET, CONCERTS ON BROADWAY PAGE 4 of 5 Q. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of High Street Entertainment, LLC and High Street, and each and every member thereof. The undersigned further warrants that he is authorized to bind High Street, High Street Entertainment, LLC, and their members to the obligations set forth herein, and to accept the liabilities as established herein on behalf of High Street Entertainment, LLC, High Street, and their members. R. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the --'4.h day of PROMOTER: `+ Steve Goff, Me High Street Entnent, LLC CITY OF MERIDIAN: BY: Tammy de e rd, Mayor ;1,i7 AI `719 o� City of �F SEAL titi +a: Tae City Clerk PROFESSIONAL SERVICES AGREEMENT — HIGH STREET, CONCERTS ON BROADWAY PAGE 5 of 5 Meridian City Council Meeting DATE: May 28, 2013 ITEM NUMBER: 5G PROJECT NUMBER: ITEM TITLE: Acceptance Agreement: Display of Artwork of Theodore Smith in Initial Point Gallery from May 31, 2013 fo July 2, 2013 MEETING NOTES rte✓ APPROVEO Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the A day of _ R 2013 ("Effective Date"), by and between the City of Meridian, a municipal corporation org ed under the laws of the State of Idaho ("City"), and Theodore Smith, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on November 8, 2012, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on December 18, 2012, by the passage of Resolution no. 12-899, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on May 31, 2013, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on May 31, 2013 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from May 31, 2013 to July 2, 2013, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on July 2, 2013, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Artist and the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 1 II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION. WAIVER, AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, �. guests, and/or invitees. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non -waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non -Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 Artist: Gallery Curator: C ^ Theodore Smith Dwight Williams Emily Kane, Deputy City Attorney 12 N. Jefferson Street Meridian Arts Commission City of Meridian Nampa, Idaho 83651 33 E. Broadway Ave. 33 E. Broadway Ave. 208-249-7702 Meridian, Idaho 83642 Meridian, Idaho 83642 tjsmithbirdcarver@cableone.net (208) 887-6473 (208) 898-5506 dwight5332@q.com ekane@meridiancity.org 1-1 CITY OF MERIDIAN: BY: Tammy de Wye , Mayor Attest: �k aycee man, City Clerk Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. YI.- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of - , 2013. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY 00r? W City of ' E TDIAN� �rJJ IOANO �F SEAT" TFC f id r T R E PAGE 6 Meridian City Council Meeting DATE: May 28, 2013 ITEM NUMBER: 5H PROJECT NUMBER: ITEM TITLE: 2013 CableONE Movie Night in Meridian Presenting Sponsorship Agreement Between the Saint Alphonsus Medical Group and the City of Meridian for a Not -to -Exceed Amount of $2,000.00 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 Meridian Settlers Park CABLEONE MOVIE NIGHT IN MERIDIAN 2013 PRESENTING SPONSORSHIP AGREEMENT This CABLEONE MOVIE NIGHT IN MERIDIAN 2013 P F G �1#.y SPONSORSHIP AGREEMENT ("Agreement") is made on thisN o , 2013 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), andint _ 1„h sus Medical GrO�LD — eridian Health Plaza, whose address is 3025 West Cherry Lane, Meridian, ID 83642 ("Sponsor"). For good and valuable consideration and in consideration of the mutual promises and covenants herein contained, City and Sponsor agree as follows: 1. Presenting Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, a 2013 Presenting Sponsor of City's weekly summer CableONE Movie Night in Meridian event series. As such, benefits insuring to Sponsor throughout the term of this Agreement shall include those enumerated for presenting sponsors in the CableONE Movie Night in Meridian 2013 Sponsorship Packet, attached hereto as Exhibit A. 2. Payment. By 5:00 p.m. on March 31 2013 ponsor shall prepay to City two thousand *ent t ie S dollars ($2,000.00). In the ponsor fails to pay this amount in full in a timely manner as provided herein, City may terminate this Agreement in the manner therefor as set forth herein. In the event that the CableONE Movie Night in Meridian program is discontinued or shortened for any reason, no portion of the amount prepaid shall be refundable. 3. Promotion. a. City's efforts. With regard to CableONE Movie Night in Meridian, City shall undertake the promotional and advertising efforts enumerated for presenting sponsors in the CableONE Movie Night in Meridian 2013 Sponsorship Packet, attached hereto as Exhibit A. b. Promotional Item Limitations. The sale or distribution of any food, drink, or other promotional item by Sponsor at Sponsor's booth, as allowed in the CableONE Movie Night in Meridian 2013 Sponsorship Packet attached hereto as Exhibit A, shall not be permitted without prior written permission from City. Such permission may be withheld or revoked at any time and for any reason. City may also, at any time, require that MOVIE NIGHT PRESENTING SPONSORSHIP AGREEMENT PAGE I of 5 a a! z x 401 s � � 1 Meridian Settlers Park CABLEONE MOVIE NIGHT IN MERIDIAN 2013 PRESENTING SPONSORSHIP AGREEMENT This CABLEONE MOVIE NIGHT IN MERIDIAN 2013 P 7 ING Npl SPONSORSHIP AGREEMENT ("Agreement") is made on this OV OR, , 2013 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and S 1 Gmun —Meridian Health Plaza, whose address is 3025 West Cherry Lane, Meridian, ID 83642 ("Sponsor"). For good and valuable consideration and in consideration of the mutual promises and covenants herein contained, City and Sponsor agree as follows: 1. Presenting Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, a 2013 Presenting Sponsor of City's weekly summer CableONE Movie Night in Meridian event series. As such, benefits insuring to Sponsor throughout the term of this Agreement shall include those enumerated for presenting sponsors in the CableONE Movie Night in Meridian 2013 Sponsorship Packet, attached hereto as Exhibit A. 2. Payment. By 5:00 p.m. on March 31, 201ponsor shall prepay to City two thousand dollars ($2,000.00). In the e nt t e Sponsor fails to pay this amount in full in a timely manner as provided herein, City may terminate this Agreement in the manner therefor as set forth herein. In the event that the CableONE Movie Night in Meridian program is discontinued or shortened for any reason, no portion of the amount prepaid shall be refundable. 3. Promotion. a. City's efforts. With regard to CableONE Movie Night in Meridian, City shall undertake the promotional and advertising efforts enumerated for presenting sponsors in the CableONE Movie Night in Meridian 2013 Sponsorship Packet, attached hereto as Exhibit A. b. Promotional Item Limitations. The sale or distribution of any food, drink, or other promotional item by Sponsor at Sponsor's booth, as allowed in the CableONE Movie Night in Meridian 2013 Sponsorship Packet attached hereto as Exhibit A, shall not be permitted without prior written permission from City. Such permission may be withheld or revoked at any time and for any reason. City may also, at any time, require that MOVIE NIGHT PRESENTING SPONSORSHIP AGREEMENT PAGE 1 of 5 Sponsor discontinue the distribution of any promotional item that City deems to be negatively impacting concessions sales or deems not to be appropriate. c. Video production. City, in its sole discretion, may edit, reduce, cancel, or reject, at any time, any audio, video, or written material submitted, used, or created by Sponsor. Any pre -approval by City shall not be considered a waiver of the right to revoke or edit any such material during the term of this Agreement. Further, Sponsor warrants and represents that, as to all content of the video pieces created or produced pursuant to this Agreement, Sponsor shall, and hereby agrees to, indemnify, defend and hold harmless City from all claims, suits, judgments, proceedings, losses, damages, costs, and expenses, of any nature whatsoever, including attorneys' fees, for which the City may become liable by reason of City's displaying of Sponsor's audio or video copy, artwork, or other content, including but not limited to claims for libel, violation of privacy, plagiarism, or copyright violations. 4. Term. The term of this agreement shall be from the Effective Date through September 1, 2013, unless earlier terminated by either party by the method established herein. S. Cancellation; scheduling. The parties acknowledge that the 2013 CableONE Movie Night in Meridian event series schedule shall include twelve to fourteen (12-14) weekly movie showings during June, July, and August, but cancellation of any or all movie showings may be necessary due to weather or other conditions or circumstances. City shall have sole responsibility and discretion in scheduling and/or cancelling CableONE Movie Night in Meridian and all movies and activities related thereto, including any and all related activities by Sponsor. The parties hereto expressly acknowledge that Settlers Park is a public space, the management and scheduling of which shall at all times be within the sole purview of City. Any right or privilege granted to Sponsor by this Agreement shall include neither the right to exclude any law-abiding person from CableONE Movie Night in Meridian, nor the right to interfere with any person's concurrent, lawful use of Settlers Park where such concurrent use does not conflict or interfere with Sponsor's use. 6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or damage of any equipment, materials, or personnel used or employed by Sponsor in the furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise of the rights or the furtherance of the obligations described herein. Any and all insurance of each party's respective property and personnel shall be the sole responsibility of that party. Sponsor shall obtain all necessary insurance as may be required in order to protect Sponsor's insurable interests for Sponsor's rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or property insurance. 7. Use of City's name, logo. City hereby conveys to Sponsor permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Sponsor shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. MOVIE NIGHT PRESENTING SPONSORSHIP AGREEMENT PAGE 2 of 5 8. Termination. a. Termination for cause. If either Party determines that the other has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, engaged in any act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) days after such notice is sent to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon written notice of such termination by the terminating party. b. No compensation upon termination. In the event of termination, neither Party shall be entitled to compensation or damages for any equipment or materials provided pursuant to this Agreement or obligations incurred in furtherance of the rights conveyed by this Agreement. 9. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from CableONE Movie Night in Meridian, all related activities for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. 10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent contractor and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Sponsor and City or between Sponsor and any official, agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of City. Sponsor shall retain the right to perform services for others during the term of this Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. 11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any Ioss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's personal property or equipment, and to Sponsor's employees, agents, or volunteers arising out of or resulting from the condition of City's real or personal property or any lack of maintenance or repair thereon, and not caused by or arising out of the tortious conduct of City or its employees. Sponsor further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use of City's real or personal property by Sponsor or by Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the tortious conduct of City or its employees or volunteers. MOVIE NIGHT PRESENTING SPONSORSHIP AGREEMENT PAGE 3 of 5 12. Waiver. Sponsor shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Sponsor's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. 13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. 14. Time of the essence. Sponsor acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 15. Compliance with law. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. 16. Non-discrimination. Throughout the course of this Agreement, Sponsor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. 17. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 18. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. 19. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. 20. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. 21. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. MOVIE NIGHT PRESENTING SPONSORSHIP AGREEMENT PAGE 4 of 5 22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Sponsor cease to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall be void. 23. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon sending an e-mail message, addressed as follows: Sponsor: Corinne Rich coririch@sarmc.org City Colin Moss cmoss@ meridiancity.org Either party may change its e-mail address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. 24. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. 25. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Sponsor. The undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Sponsor. Z' �A / Please Print Name CITY OF MERIDIAN: Title Dat ATTEST: �u4usT 7 BY: Citv of Tammy erd, Mayor E IDI IDAHO (' SF.Ai, � P TF-f�I j6e TA4��ti"��y MOVIE NIGHT PRESENTING SPONSORSHIP AGREEMENT City Clerk PAGE 5 of 5 Exhibit A 2013 CABLEONE MOVIE NIGHT IN MERIDIAN SPONSORSHIP PACKET Presenting Sponsor For $2,000 you will receive: • Recognition as the series presenting sponsor for one (1) full season in all promotional efforts such as TV, newspaper, radio, e-mails, internet, and flyers. One season will include up to fourteen (14) shows during the summer months of June, July and August. • The opportunity to setup a booth at each show during your season. • The opportunity to insert one (1) thirty (30) second advertisement into the pre - movie video at each show during your season. • Your logo displayed and your business or organization's name spoken in the "Sponsored by" portion of the welcoming video at every show. • The opportunity to hang one (1) banner on the movie screen and up to two (2) banners no wider than eight (8) feet each around the seating area at each show. Banners around seating area must be free-standing. There will be no fences, trees, buildings, etc around the seating area to hang your banner on. • Your logo linked to your website on the City of Meridian website above the movie schedule the CableONE Movie Night in Meridian page. • Your logo and a link to your website on every CableONE Movie Night in Meridian event listing on the Meridian Parks and Recreation page on Facebook. • Your logo in the Meridian Parks and Recreation Summer Activity Guide in the advertisement for the upcoming season. Over 25,000 copies are distributed through direct mail and the West Edition of the Idaho Statesman and the guide is promoted heavily online throughout the summer. *Available only if sponsorship is confirmed by March 31St • Your logo at the top of the CableONE Movie Night in Meridian flyers that are distributed throughout the season. Meridian City Council Meeting DATE: May 28, 2013 ITEM TITLE: ITEM NUMBER: 51 PROJECT NUMBER: Award of Bid and Approval of Agreement to Schmidt Construction for "NW 8th Street Sewer Trunk Main Phase 1 - Broadway to Cherry" for the Not -To -Exceed amount of $363,826.72 MEETING NOTES rte✓ APPROVED 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, John Boyd Date: 2/26/13 Re: May 21" City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the May 21 s'City Council Consent Agenda for Council's consideration. Award of Bid and Approval of Agreement to Schmidt Construction Co Inc for "NW 8th Street Sewer Trunk Main Phase 1 — Broadway to Cherry' for the Not -To -Exceed amount of $363,826.72. This award is the result of formal IFB #PW -13-10328a. Recommended Council Action: Approval of bid award and Agreement to Schmidt Construction Co. for the Not -To -Exceed amount of $363,826.72. Thank you for your consideration. • Page 1 v1 �E IDIANI-�.'..-' Public I D A HO Works Department TO: PURCHASING FROM: John Boyd Engineering Technician II DATE: April 1, 2013 Meyer Tammy de Weerd Clay Council Memberse Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: AUTHORIZE THE NW 8TH STREET SEWER TRUNK MAIN — PHASE 1 (PROJECT #10328A) FOR A NOT -TO -EXCEED AMOUNT OF $363,826.72. PLEASE PLACE ON NEXT AVAILABLE CONSENT AGENDA I. DEPARTMENT CONTACT PERSONS John Boyd, Engineering Technician 11 ...................................... I ........................................ 489-0364 Clint Dolsby, Asst. City Engineer......................................................................................489-0341 Warren Stewart, PW Engineering Manager ................... ...............................................489.0350 John McCormick, Deputy Director of Public Works.........................................................489-0378 Tom Barry, Director of Public Works................................................................................489-0372 II. DESCRIPTION A. Back ound In early 2011, the Public Works Department (PW) undertook a design project to rehabilitate the existing 18" sewer trunkline between W. 7th Street and W. 8th Street from W. Broadway Avenue to W. Cherry Lane. The preliminary engineering revealed the existing sewer trunkline was Iocated in backyards and an alley which provided limited access for cleaning and maintenance. Additionally, a portion of the existing sewer. trunkline has no easement to protect or allow maintenance or operations. Due to these factors, Murray Smith & Associates (MSA) was contracted and completed a design to relocate the line within the W. 8th Street and W. 7th Street rights-of-way (ROW). B. Proposed Project This project is Phase I of 3 and consists of constructing an 18" sewer trunkline from W. Cherry Lane to W. Carlton Avenue and re-routing the individual services associated with it. The remainder of the design and construction will be accomplished in Fiscal Year 2014 and 2015. Page I of 2 C. Contractor Selection Bids were opened for this project on May 3, 2013. Schmidt Construction was the low bidder at $363,826.72. The Public Works Department recommends awarding the contract to Schmidt Construction. III. IMPACT A. Service/Delivery impact: The construction of this sewer line will complete the first phase of the trunkline relocation and will enable the construction to continence this fiscal year. B. Strategic Impact: This project meets our mission requirements to identify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining financial stewardship. C. Fiscallmpact: Available Project Funding The project will be funded with existing City funds from the following accounts. Sewer Line Replacements (60 -3590 -95000) ................................................... $346,678.06 Water Line Replacements (60 -3490 -95000) ..................................................... $17,148.66 Total Phase 1 Funding..................................................................................... $363,826.72 IV. LIST OF ATTACHMENTS A. Bid Abstract B. Engineer Estimate C.[ Purchase Order Requisition Form APPROVED FOR BID / AWARD PROCESS Warren Stewart, PE — Engineering Manager Page 2 of 2 '6 /-� / 1 3 Datd AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES (NW 8TH STREET SEWER TRUNK MAIN - PHASE 1 - BROADWAY TO CHERRY) PROJECT # 10328a THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 1 day of May, 2013, 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 Schmidt Construction Co. Inc., hereinafter referred to as "CONTRACTOR", whose business address is 15883 Robber PI Caldwell ID 83607 and whose Public Works Contractor License # is C -16406 -AAA -1. INTRODUCTION Whereas, the City has a need for services involving NW 8TH STREET SEWER TRUNK MAIN - PHASE 1 - BROADWAY TO CHERRY; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. NW 8TH STREET SEWER TRUNK MAIN - PHASE 1 - BROADWAY TO CHERRY page 1 of 12 Project 10328a 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 for the Not -To -Exceed amount of .$363,826.72. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall .not.be entitled by virtue of this Agreement to consideration in.the. form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. NW 8TH STREET SEWER TRUNK MAIN - PHASE 1 - BROADWAY,TO CHERRY page 2 of 12 Project 10328a 3. Term: 3.1. This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the -agreed upon work, (b) September 30, 2013 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to 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 isnot 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 61 (sixty- one) calendar days to complete the work as described herein. Contractor will be liable for liquidated_ damages in the amount of $500 (five hundred dollars) per calendar day for each of the two (2) milestone requirements listed in the project schedule. 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 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. NW 8TH STREET SEWER TRUNK MAIN - PHASE 1 - BROADWAY TO CHERRY page 3 of 12 Project 10328a 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 provisionshall 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. 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 NW 8TH STREET SEWER TRUNK. MAIN - PHASE 1 - BROADWAY TO -CHERRY page 4 of 12 Project 10328a business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement; liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per. incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save.and hold harmless CITY; and if CITY becomes liable . for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and. agrees to indemnify and save and hold harmless CITY from and for all such, losses, claims, actions, or judgments for damages or injury to persons or property and other. costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or. Contractor's officers, employs; agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event.the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be'submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or Self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be. excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. NW 8TH STREET SEWER TRUNK MAIN - PHASE 1 - BROADWAY TO CHERRY Rage 5 of 12 Project 103289 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 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: 1.1. 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, GVW 8TH.STREETSEWER TRUNK MAIN - PHASE.1 - BROADWAY TO CHERRY page 7 of 12 Project 10326a records of personnel, conditions of employment and other data relating to alf matters covered by this Agreement. 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 eitherparty 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. dvice: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 NW 8TH STREET SEWER.TRUNK MAIN - PHASE 1 - BROADWAY TO CHERRY page 8 of 12 Project 10V8a . Attachment B MILESTONE ! PAYMENT SCHEDULE A. Total and.complete compensation for this Agreement shall not exceed $363,826.72. ...,!...`.",`s.�..51 (fift ..��`'r�._�'3°_`a'^«•,.a-,,.?.d.r`>.z..:>w_�.-tza....r.5a:a'S�e • •• • •.pletion days Milestone• 1 •calendardays '�7,i• '�'�'y`t,n,'..,�j z yv � -. �F�� � 'Y-� ``" � � y.>.}, 3�$ µ�gg�*y�T'�.���?r� �.�a'�r* r'";�`"°e�,.g'4�2� ��^��.5'�.m �. Te'�s is equipment, and incidentals.As- required for 8TH STREET SEWER TRUNK y . , y, y CHERRY • ' i i . 'Total• Schedu • ' • ' CONTRACT• TO EXCEED AMOUNT.• • FOR INVOICE• 1 ANY ADDITIONA.L• ' DECREASES IN WORK.• • BY CITY. •� `�iig xT'� �qak'� r- [.� v� a ,�� .�' .C, �4-�na::,. "� E'r`— -. ,''� 1'''e tT-:t i�-� .i' `i i .:y'� 3 'P, i'-�'"g'6 'F4,"���vx,. �.:. ..y ..�+',Ke .�a7-. r ^e 7' i�'^'� _ � � •e �,�„a��,"'�"'ac� s'� '� �i�'ti�. ia,,.�a.' ,• �''y�^�' fie. z �-� ��.�...�+ � .1�r�-r Item No. -Description Qnty Unit Unit Price TYPE P SURFACE RESTORATION FOR SEWER MAIN 307.4.1.G.1. (.ROW ONLY) - 3".CLASS III AC PAVEMENT (includes road 3665 Sy $24.37., base and pit run) 501.4.1.B.1 GRAVITY SEWER PIPE SIZE 181, PVC 2049 LF $47.94 (includes excavation, bedding, backfiil,.etc.) 502.4.1.A.1 SANITARY SEWER MANHOLE - 48' DIAMETER 4 EA $1,883.48 502.4.1.A.1 SANITARY SEWER MANHOLE - 60' DIAMETER 3 EA $3,775.05 502.4.1.A.1 SANITARY SEWER MANHOLE - 72' DIAMETER 1 EA $6,856.60. SEWER SERVICE LINE, SIZE 4" 504.4.1.A.1 (includes excavation, bedding, backfill., cleanouts, surface 1072 LF $26.14 restoration not included in -other bid items, potable/non- otable crossing) SEWER SERVICE LINE, SIZE 6" 504.4.1.A.1 (includes -excavation, bedding, backfill, cleanouts, surface 942 LF $23.76 restoration not included in other bid items, potable/non- otable crossing) NW 8TH STREET SEWER TRUNK MAIN - PHASE 1 BROADWAY TO CHERRY Project 10328a SP1 -1 SEWER SERVICE.- PLUMBING PERMIT 15 'EA $38.00 RESTRAINED WATER MAIN PIPE - SIZE 10" PVC 401.4.1.A.1 (includes pipe, connections, excavation, bedding, restraints,'149 LF $38.35 thrust blocking, backfill, cleaning, disinfection and testing, and all appurtenances not itemising in the Bid Schedule) RESTRAINED WATER -MAIN PIPE - SIZE 6" PVC 401.4.1.A.1 (includes pipe, connections, excavation, bedding, restraints, 32 LF $27.37 thrust blocking, backfill, cleaning, disinfection and testing, and all appurtenances not itemising in the Bid Schedule) 401.4.1.13.1 WATER MAIN FITTING - SIZE 10" - TYPE STAINLESS 1 EA $2,028.06 STEEL TAPPING SLEEVE 401.4.1.13.1 WATER MAIN FITTING - SIZE i0"X6" - TYPE REDUCER -1 EA $502.67 401.4.1.8.1. WATER MAIN FITTING - SIZE 6".- TYPE 45 DEGREE 2 EA $491.24. ELBOW . 402A.1.A.4 VALVE - SIZE 10'' = TYPE GATE VALVE 1 EA" ` $11652.47 FIRE HYDRANT ASSEMBLY. 403.4.1.A.1 (includes'excavation, bedding, restrains, thrust blocking, 1 EA. $3,566.77 backfill, tee valve, fire hydrant, etc. WATER SERVICE CONNECTION (includes excavation, bedding, backfill, service line, service. 404.4.1.A.1 tap and saddle, corporation stop, all appurtenance not 1 EA $507.22 itemized in the Bid Schedule, and surface restoration not included in other bid items SPI -2 16" SLEEVE FOR NEW WATER MAIN - C905 PVC - 20 LF $65.95 POTABLE/NON POTABLE CASING SP1 3 6" SLEEVE FOR SEWER SERVICE LINE - 0900 PVC - 160 LF $19.40. POTABLE/NON POTABLE CASING SP1 -4 8" SLEEVE FOR SEWER SERVICE LINE - C900 PVC _ - 120. LF ' $23.46 POTABLE/NON POTABLE CASING 205.4.1.8.1 DEWATER)NG 1 LS $1,000.00 1001.4A.A,1 EROSION AND SEDIMENT CONTROL 1 LS $1,553.00 1103.4.1.A.1 CONSTRUCTION TRAFFIC CONTROL i LS $9,409.50 2010.4.1.A.1 MOBILIZATION 1 LS $13,961.58. IMPORTED TRENCH BACKFILL $11.50 306.4.1.D.1 (only it requested by' A'CHD and approved by the City of 4400` TON Meridian in writing) Schmidt Construction Co, Inc Attn: William Schmidt 15883 Robber PI Caldwell, ID 83607 RE: NW 8' STREET SEWER TRUNK MAIN — PHASE 1— BROADWAY TO CHERRY Dear Mr. Schmidt: The City of Meridian is issuing this Conditional Notice of Award for the NW 8T" STREET SEWER TRUNK MAIN — PHASE 1 — BROADWAY TO CHERRY to be located In Meridian, ID. Please sign and return the enclosed Agreement along with the required Payment and Performance Bonds,, and properly endorsed Insurance Certificates to the City of Meridian Purchasing Dept., 33 E Broadway Ave, Ste 106, Meridian., Ip. 83642 within seven (7) days. The City will execute the Agreement and return a copy along with a Notice of Award. and Purchase Order Number. Prior to a Pre -Construction Conference being scheduled the following is required: 1. A progress schedule of the work to be done. Please send that schedule to the Project Manager, John Boyd In the Public Works Department, 33 E Broadway Ave, Ste 200, Meridian, ID 83642. You may email the Schedule to Mr. Boyd at jboyd(a.meridiancity.org 2. An e -Builder license must be purchased from e -builder. Please contact Janine Rodriquez at 898- 5500 for directions to acquire a license and training. Please feel free to contact me if you have any questions. Sincerely, Keith Watts . ^ Purchasing Manager Enclosure Purchasing. Department . 33 E. Broadway Avenue Ste 106 Meridian, ID 83642 Phone 208-489.0416. Fax 208-887-4813 . www.meridiancity.org AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES .(NW 8TH STREET SEWER TRUNK MAIN .PHASE 1 - BROADWAY TO CHERRY) PROJECT # 10328a THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this day of May, 2013, 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 Schmidt Construction Co. Inc., hereinafter referred to as "CONTRACTOR", whose business address is 15883 Robber PI. Caldwell, ID 83607 and whose Public Works Contractor License # is C -16406 -AAA -1. INTRODUCTION Whereas, the City has a need for services involving NW 8TH STREET SEWER TRUNK MAIN —PHASE 1 - BROADWAY TO CHERRY; 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 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice 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. 1f any such work,is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. NW 8TH STREET SEWER TRUNK MAIN - PHASE 1 - BROADWAY TO CHERRY page 1 of 12 Project 10328a 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 irnplied, 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 for the Not -To -Exceed amount of $363,826.72. 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 correctinvoice and approval -by the City. The- City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be- entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind. whatsoever. NW 8TH STREET SEWER TRUNK MAIN - PHASE 1 - BROADWAY TO CHERRY page 2 of 12 Project 10328a 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2013 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. 3.2 Should Contractor default in the performance of this Agreement'or materially breach any of its provisions, City, at City's option, may terminate this Agreement'by giving written notification to Contractor. 3:3 Should City fail to 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 61 (sixty- one) calendar days to complete the work as described herein. Contractor will be liable for liquidated damages in -the amount of $500 (five hundred dollars) per calendar day for each of the two (2) milestone requirements listed in the project schedule. 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 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. NW 8TH STREET SEWER TRUNK MAIN - PHASE 1 BROADWAY TO CHERRY page 3 of 12 Project 10328a 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. 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 themethod, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and. results specified. in this Agreement and, except as expressly provided in. this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction'and supervision and control of the Contractor. 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY frorn and for any and all. losses, claims, actionsJudgments 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 - NW 8TH STREET SEWER TRUNK MAIN -PHASE 1 -BROADWAY TO CHERRY. page 4 of 12 Project 10328a business invitees, -and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as.follow:. General. Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for -all such losses, claims, actions, or judgments -:for damages. or injury to persons.or property and other -costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and.resulting in or attributable to personal injury, death,. or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the .CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option.of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash. or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the .extent of the indemnity in this contract, Contractor's .Insurance coverage shall be primary, insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. . NW 8TH STREET SEWER TRUNK MAIN - PHASE 1 BROADWAY TO CHERRY page 5 of 12 Project 10328a 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 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. 'aAefault 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. 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, npart, 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, subsoquent.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 be. NW 8TH STREET SEWER TRUNK MAIN PHASE i - BROADWAY TO CHERRY page 8 of 12 Project 10328a ,-� 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 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 SCHMIDT CONSTRUCTION CO INC B BY: C.-�- TAMMY de W E D, MAYOR WILLIAM M. SC IDT, President Dated: 15 - Di . i Dated: -- ` Approved by Council. p t oD A UGtsr City of E OLMAN, CITY CLE IDIAN-- IDANO SEAL Purchasing Approval Frk TRERSka6 epa ent Ap o al BY:. - ---- - -�- KEIT TTS, Purc asing Manager WA R N STE WART, Engineering Manager Dated:: -5/23//3 __ Dated:: '57// t j NW 8TH STREET SEWER TRUNK MAIN - PHASE 1 BROADWAY TO CHERRY page 9 of 12 Project 10328a Item No. Desdi tion Only Unit Unit Price TYPE P SURFACE RESTORATION FOR SEWER MAIN 307.4.1.G.1. (ROW ONLY) - 3" CLASS III AC PAVEMENT (includes road 3665 SY $24.37 base and pit run) 501.4.1.13.1 GRAVITY SEWER PIPE SIZE 18" PVC GRAVITY 2049.. .. $47.94 excavation, bedding, backfill, etc.) .LF 502.4.1.A.1 :. SANITARY SEINER MANHOLE - 46' DIAMETER 4 . EA .. $1;883.46 502.4.1.A.1 SANITARY SEWER MANHOLE -.60' DIAMETER.. .3 EA $3,775.05 502.4.1.A.1 SANITARY SEWER MANHOLE - 72' DIAMETER 1 EA $6,856.60 SEWER SERVICE LINE, SIZE 4" 504.4.1.A.1 (includes excavation, bedding, backfill, cleanouts, surface 1072. LF $26.14. restoration not included in other bid items, potable/non-. otable crossing) SEWER SERVICE LINE, SIZE 6" 504.4.1.A.1 (includes excavation, bedding, backfill, cleanouts, surface 942 LF $23.76 restoration not included in other bid items, potable/non- . otable •crossin NW 8TH STREET SEWER TRUNK MAIN - PHASE 1 BROADWAY TO CHERRY Project 10328a SP1 -1 SEWER SERVICE - PLUMBING. PERMIT 15 EA $38.00 RESTRAINED WATER MAIN PIPE - SIZE 10" PVC 401.4.1.A.1 (includes pipe, connections, excavation, bedding; restraints, 149. LF $38.35 thrust blocking, backfill; cleaning, disinfection and testing, and all appurtenances not itemising in the Bid Schedule) RESTRAINED WATER MAIN PIPE - SIZE 6" PVC 401.4.1.A.1 (includes pipe, connections, excavation, bedding, restraints, 32 LF $27.37 thrust blocking, backfill, cleaning, disinfection and testing, and all appurtenances not itemising in the Bid Schedule) 401.4.1.B:1 WATER MAIN FITTING - SIZE 10".- TYPE STAINLESS 1. EA $2,028.06 STEEL TAPPING SLEEVE 401.4.1.13.1 WATER MAIN FITTING - SIZE 10"X6" - TYPE REDUCER 1 EA., $502.67 401:4.1.8:1 WATER MAIN FITTING - SIZE 6" - TYPE 45 DEGREE, 2 EA $491,..24 ELBOW ' _ . 402.4.1.A.4 VALVE - SIZE 10" - TYPE GATE VALVE 1 EA $1,652.47 FIRE HYDRANT ASSEMBLY 403.4.1.A.1 (includes excavation, bedding, restrains, thrust blocking, 1. EA $3,566.77 backfill, tee valve, fire hydrant, etc. WATER SERVICE CONNECTION (includes excavation, bedding, backfill, service line, service 404.4.1.A.1 tap and saddle, corporation stop, all appurtenance not 1 EA :. $507.22 itemized in the Bid Schedule, and surface restoration not included in other bid items SP1 -2 18" SLEEVE FOR NEW WATER MAIN - C905 PVC - 20 LF $65.95 POTABLE/NON POTABLE CASING SP1 -3 6" SLEEVE FOR SEWER SERVICE LINE. C900 PVC - 160 LF $19.40 POTABLE/NON POTABLE CASING SP1 -4 8" SLEEVE FOR SEWER SERVICE LINE - C900 PVC - 120 LF $23.46 POTABLE/NON POTABLE CASING 205.4.1:8.1. DEWATERING 1 LS $1,000.00 1001.4.1.A.1 EROSION AND SEDIMENT CONTROL 1 LS $1,559.00 1103.4A.AA CONSTRUCTION TRAFFIC CONTROL 1 1_S $9,409.50 201.0.4.1.A.1 MOBILIZATION d. 1 LS $13,961.58 IMPORTED TRENCH BACKFILL $11.50 306.4.1.D.1 (only if requested by ACHD and approved by the City ,of 4400 TON Meridian in writin Travel expenses, if applicable, will be paid at no more than the City.of Meridian's Travel and.Expense Reimbursement Policy. NW 8TH STREET SEWER TRUNK MAIN - PHASE 1 BROADWAY TO CHERRY Project 10328a Meridian City Council Meeting DATE: May 28, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve the Release of an Existing Sewer Main Easement with Steve Bainbridge and Dave Conley that was Previously Recorded as part of the Ada County Highway District (ACHD) Franklin - Ten Mile to Linder Project MEETING NOTES uy APPROVED 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�- IDAHO Public Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: John Boyd Engineering Technician II DATE: May 21, 2013 Mayor Tammy de Weerd City Council Members Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: APPROVE THE REVISED SEWER MAIN EASEMENT WITH STEVE BAINBRIDGE AND DAVE CONLEY FOR A SANITARY SEWER MAIN TO THEIR PROPERTY AS PART OF THE ACHD FRANKLIN — TEN MILE TO LINDER PROJECT (NEXT AVAILABLE CONSENT AGENDA) I. RECOMMENDED ACTION A. Move to: 1. Approve a revised sewer main easement with Steve Bainbridge and Dave Conley for a sanitary sewer main to their property as part of the ACHD Franklin Road — Ten Mile to Linder Project And 2. Authorize the Mayor to sign the document. II. DEPARTMENT CONTACT PERSONS John Boyd, (Project Manager)..........................................................489-0347 Clint Dolsby, Assistant City Engineer ...............................................489-0341 Warren Stewart, Engineering Manager..............................................489-0350 John McCormick, Deputy Director of Public Works ........................489-0378 Tom Barry, Director of Public Works ...............................................489-0372 Page 1 of 2 III IV UT VI. DESCRIPTION A. Background 1. A sanitary sewer easement was previously acted on and approved at the April 9th City Council meeting and was recorded on April 10th. When the time came to construct the sewer stub to the property the conflicts that were present (a home and power line) necessitated moving the stub to the east to avoid them. B. Proposed Revised Easement 1. This revised sanitary sewer easement will allow future development of the subject property without having to enter Franklin Road to connect to sanitary sewer. IMPACT A. Fiscal Impact: 1. There is no fiscal impact to the City as this sewer stub was included in the project cost and the City has received reimbursement from the property owners. TIME CONSTRAINTS A. The revised easement needs to be acted on and recorded so the City can maintain and service the installation if needed. LIST OF ATTACHMENTS A. Signed and notarized Easement Agreement with Exhibits A and B for the following property: Parcel No Property Owner Easement Type S1214120661 - Parcel 19, Easement 1 Bainbridge/Conley Sewer Main Approved for Council Agenda ^4 /23 Warren Stewart, PE, Engineering anager Date Page 2 of 2 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 3 BOISE IDAHO 05129113 09:57 AM DEPUTY Bonnie Oberbillig RECORDED -REQUEST OF 11Et5S51 Meridian City CITY OF MERIDIAN RELEASE OF EASEMENT WHEREAS, by easement dated April 9, 2013 and recorded on April 10, 2013 as Instrument Number 113038355 of the records of Ada County, State of Idaho, Steve Bainbridge and Dave Conley granted to the City of Meridian, an Idaho Municipal Corporation, a sanitary sewer main easement for the construction, operation and maintenance of a sanitary sewer line over and across the real property legally described and visually depicted on Exhibits A and B, attached hereto and incorporated herein. WHEREAS, the continuance of this easement is no longer necessary or desirable because the easement description does not accurately reflect the location of the easement. A separate easement that correctly identifies the location has been recorded and will not be affected by this release. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby release and abandon the said rights and easements hereinabove referred to and described, with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this day of , a _, 2013. CITY OF MERIDIAN �� ',D AL��.S BJ Jq� Y Tammy eerd, Mayor ('t`' "f E IDIAN% aA")a ATTEST Jaycee L. olman, City Cler °s,,� �- yz� ' +h, ?Rf'k� STATE OF IDAHO ) ss County of Ada ) On this$ +� day of Q , , 2013, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holmarl, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ,+ NQ J0 'f A t# a IB s� 9Y � S � NotiiF Public for Idaho Residing at: Commission expires: 3 0, q__a_0 C EXHIBIT A UTILITY EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO PARCEL 19 — BAINBRIDGE/CONLEY EASEMENT NO.1 An easement for utility purposes located in the NE '/ of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the northwesterly corner of said NE '/4 from which a brass cap monument marking the northeasterly corner of said NE '/4 bears S 89°13'22" E a distance of 2657.89 feet; Thence S 8913'22" E along the northerly boundary of said NE % a distance of 811.76 feet to a point; Thence leaving said northerly boundary S 0°46'38" W a distance of 48.00 feet to the POINT OF BEGINNING; Thence continuing S 0°46'38" W a distance of 37.00 feet to a point; Thence N 89°13'22" W a distance of 20.11 feet to a point; Thence N 0°56'56" E a distance of 37.00 feet to a point; Thence S 89'13'22"' E a distance of 20.00 feet to the POINT OF BEGINNING. This parcel contains 742 square feet (0.017 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated February 22, 2013 EXHIBIT B SKETCH TO ACCOMPANY EASEMENT DESCRIPTION LOCATED IN THE NE 1/4 OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO. S 89'13'22" E 2657,89' SCALE: 1 "=20' 1 811. 1846.13' M�O �O OI to f POINT OF BEGINNING S_89'13'22" EI w' I �: co a W o' 00 o g o Lo W O I:I � + z� 20.11' N 89'13'2 0" W I I I 19 I S1214120661 2155 STEVEN BAIN BRIDG E/DAVI D CONLEY I 1112 14 13 Meridian City Council Meeting DATE: May 28, 2013 ITEM NUMBER: 5K PROJECT NUMBER: ITEM TITLE: Approve the Revised Sewer Main Easement with Steve Bainbridge and Dave Conley for a Sanitary Sewer Main to their Property as part of the Ada County Highway District (ACHD) Franklin - Ten Mile to Linder Project MEETING NOTES uy APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS EN DIAN�- Public � D AHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: John Boyd Engineering Technician II DATE: May 22, 2013 Mayor Tammy de Weerd City Council Members Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: APPROVE THE RELEASE OF AN EXISTING SEWER MAIN EASEMENT WITH STEVE BAINBRIDGE AND DAVE CONLEY THAT WAS PREVIOUSLY RECORDED AS PART OF THE ACHD FRANKLIN — TEN MILE TO LINDER PROJECT (NEXT AVAILABLE CONSENT AGENDA) I. RECOMMENDED ACTION A. Move to: 1. Approve the release of an existing sewer main easement with Steve Bainbridge and Dave Conley as part of the ACHD Franklin Road — Ten Mile to Linder Project And 2. Authorize the Mayor to sign the documents. II. DEPARTMENT CONTACT PERSONS John Boyd, (Project Manager)..........................................................489-0347 Clint Dolsby, Assistant City Engineer ...............................................489-0341 Warren Stewart, Engineering Manager..............................................489-0350 John McCormick, Deputy Director of Public Works ........................489-0378 Tom Barry, Director of Public Works ...............................................489-0372 Page I of 2 III. DESCRIPTION A. Background 1. A sanitary sewer easement was previously acted on and approved at the April 9`h City Council meeting and was recorded on April 10`h. When the time came to construct the sewer stub to the property the conflicts that were present (a home and power line) necessitated moving the stub to the east to avoid them. B. Proposed Release of Easement 1. In order to record a new easement for the revised location of the sewer stub to this property, the City must release the existing easement. IV. IMPACT A. Fiscal Impact: 1. There is no fiscal impact to the City as this sewer stub was included in the project cost and the City has received reimbursement from the property owners. V. TIME CONSTRAINTS A. The release of the existing easement needs to be acted on and recorded so the City can record a new easement for the relocation of the sewer main. VI. LIST OF ATTACHMENTS A. Release of Easement with attached original Exhibits A and B (for reference). Approved for Council Agenda: J1" z 3 2en Stewa ; PE, Engineering Manager D to Page 2 of 2 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 05129113 09:57 AM DEPUTY Bonnie Oberbillig �I) IIII'III�I'll'I'I�"II'lII'I) �I'I� RECORDED -REQUEST OF 113058513 Meridian City SEWER MAIN EASEMENT - REVISED PARCEL 19 — EASEMENT NO. 1 BAINBRIDGE/CONLEY THIS INDENTURE, made this day of , 2013 between Steve Bainbridge and Dave Conley, the parties of the fm9t part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sewer main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sewer main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said -� pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement for the operation and maintenance of a sewer main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sewer line and its allied facilities, together with its maintenance, additional connection thereto, repair and replacement at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the sewer line, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sewer Main Easement - Revised Page 1 of 3 Parcel 19 Easement No. 1—Bainbridge/Conley THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. STATE OF IDAHO ) ss County of Ada On this ___I ff day of . �M a'c'i , 2013, before me, the undersigned, a Notary Public in and for said State, personally"ppeared Steve Bainbridge and Dave Conley, identified to me to be the owners that executed the within instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above wKitten." C. Hqji .t - w ?A4 NOTARY1,ku%,1cUF0R IDAHO Residing t:P Commission Expires: DC7 Sewer Main Easement - Revised Page 2 of 3 Parcel 19 Easement No, I—Bainbridge/Conley GRANTEE: CITY OF MERIDIAN Tammy de Weer , Mayor �,P �' �"°USTr L- _ 4 9G9 City of • E IDS I* est b cee L. Holman, City Clerk y �DAt10 SEAI.J Approved By City Council On: STATE OF IDAHO ) ss County of Ada ) On this _ ' day of , 20 t , before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. t T. ARY PUBL C FOR I AHO (S L,) Residing at: Melr A (C Commission Expires:_ _ ay/ LI Sewer Main Easement - Revised Page 3 of 3 Parcel 19 Easement No. 1—Bainbridge/Conley EXHIBIT A UTILITY EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO PARCEL 19 — BAINBRIDGE/CONLEY EASEMENT NO. 1- REVISED An easement for utility purposes located in the NE '/ of Section 14, Township 3 North, Range I West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the northwesterly corner of said NE '/a from which a brass cap monument marking the northeasterly corner of said NE `/a bears S 89°13'22" E a distance of 2657.89 feet; Thence S 89°13'22" E along the northerly boundary of said NE'/4 a distance of 951.75 feet to a point; Thence leaving said northerly boundary S 0°46'38" W a distance of 48.00 feet to the POINT OF BEGINNING; Thence continuing S 0°46'38" W a distance of 36.00 feet to a point; Thence S 89°13'22" E a distance of 20.00 feet to a point; Thence N 0°46'38" E a distance of 36.00 feet to a point; Thence N 89°13'22" W a distance of 20.00 feet to the POINT OF BEGINNING. This parcel contains 720 square feet (0.016 acres) and is subject to any other easements existing or in use. Prepared by; Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated �VRE April 25, 2013 U1 11091 v F � w Meridian City Council Meeting DATE: May 28, 2013 ITEM NUMBER: 5L PROJECT NUMBER: ITEM TITLE: Findings of Fact, Conclusions of Law for Approval: MDA 13-009 Walmart Overland/Stoddard by Wal-Mart Stores, Inc. Located Southeast Corner of W. Overland Road and S. Stoddard Road Request: Modification to the Development Agreement to Change the Fencing Type Along the Southern Boundary of the Site from Eight (8) Feet Tall Vinyl to Eight (8) Feet Tall Pre -Cast Concrete MEETING NOTES 9 APPROVED 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: March 12, 2013 ITEM NUMBER: 5M PROJECT NUMBER: FP 13-023 ITEM TITLE: Irvine FP 13-023 Irvine by Northside Management Located Southeast Corner of W. Chinden Boulevard and N. Ten Mile Road Request: Final Plat Consisting of 40 Single -Family Residential Building Lots on Approximately 8.84Acres of Land in an R-8 Zoning District MEETING NOTES rte✓ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: &MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 12, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 28, 2013 ITEM NUMBER: 7A PROJECT NUMBER: TEC 13-003 ITEM TITLE: BELLINGHAM PARK SUBDIVISION TEC 13-003 Bellingham Park Subdivision by Conger Management Group Located Approximately 1/4 Mile East of S. Locust Grove Road and Approximately 1/4 Mile North of E. Amity Road Request: Two (2) Year Time Extension on the Preliminary Plat for Bellingham Park Subdivision in Order to Obtain the City Engineer's Signature on a Final Plat MEETING NOTES 9 WIDE 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: May 28, 2013 ITEM NUMBER: PROJECT NUMBER: VAR 13-002 ITEM TITLE: KNIGHTHILL BY JAMES WYLIE VAR 13-002 Knighthill by James Wylie Located Southwest Corner of Chinden Boulevard and N. Linder Road Request: Right-In/Right-Out Access Point to State Highway 20/26 (Chinden Boulevard) MEETING NOTES zlo�� 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: March 12, 2013 ITEM NUMBER: PROJECT NUMBER: FP 13-022 ITEM TITLE: Accolade FP 13-022 Accolade Subdivision by Idaho Survey Group Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Final Plat Consisting of One (1) Multi -Family Residential Building Lot and One (1) Common Lot on Approximately 1 1.23 Acres of Land in an R-40 Zoning District MEETING NOTES ROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: &MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 28, 2013 ITEM NUMBER: 8A PROJECT NUMBER: ITEM TITLE: Community Development Block Grant (CDBG) Project and Activity Prioritization for Program Year 2013 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 May 23, 2013 MEMORANDUM TO: Mayor De Weerd and City Council FROM: Lori Den Hartog, CDBG Administrator CC: City Clerk Bruce Chatterton Caleb Hood RE: CDBG PY 2013 Pre -Draft Prioritization May 28, 2013 Department Report 1. Introduction In preparation for the City's Program Year 2013 (PY2013) Community Development Block Grant (CDBG) Annual Action Plan (AP), the City needs to prioritize submitted applications for project funding. Based on the current information available, the City is planning for a 5% reduction from last year's allocation of $256,727. However, the City has not yet been notified by HUD of the projected funding for PY2013. Therefore, staff is estimating an allocation of $243,000 for PY2013. Planning and Administrative expenses are capped at 20% of the annual allocation, which would be approximately $48,000. Based on historic administrative costs, staff is recommending an allocation of $43,000 for administrative expenses in PY2013. The remaining amount ($200,000) of the city's CDBG allocation can be used to fund projects, with no more than 15% ($36,500) being used for Public Service Projects. 2. Process and Timeline The City has been working to identify potential future projects for the coming program year. On March 8, 2013 staff conducted a Community Workshop to provide information and reach out to past sub -recipients and potential future sub -recipients. In late March, interested organizations submitted letters of intent, and for those projects that appeared to meet the minimum qualifications, staff invited them to submit a full funding application by May 9, 2013. 3. Application Review and Scoring Organizations were required to submit applications addressing the following items: Community Development Department . 33 E. Broadway Avenue Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org Page 2 • Goals and outcomes of the proposed project, • The need that the proposed project addresses, • How the organization plans to carry out the proposed project, • The capacity of the organization to implement the proposed project, and • Whether or not the organization is going to leverage any other funds for the proposed project. An internal City committee reviewed and ranked all of the submitted applications based on a matrix that provided weighted scoring to the more critical items in the application. The scoring criteria used by the working group were provided to the applicants for informational purposes as part of the application form. 4. National Program Considerations The National Goals of the CDBG Program are as follows: • Provide decent, safe, and sanitary housing. • Provide a suitable living environment. • Expand economic opportunities. The National Objectives of the CDBG Program are as follows: • Benefit low -moderate income persons. • Aid in the prevention or elimination of slums or blight. • Meet an urgent need. Other items to consider under the national program regulations include that over a multi-year period 70% of the expenditures must benefit low -moderate income persons. Public Services are capped at 15% of the annual allocation, which would be approximately $36,500 for PY2013. 5. Local Program Considerations The City is entering its second year of the Five Year Consolidated Plan 2012-2016. Each Annual Action Plan is based on the needs, goals, and outcomes identified in the Consolidated Plan. Below are the Strategies and Objectives from the 2012-2016 Consolidated Plan: Strategy No. 1 (Affordable Housing): Improve access to affordable housing opportunities for Meridian Residents. Objective 1.1: Address the need for affordable decent housing by supporting a down payment assistance program for qualifying households. Strategy No. 2 (Suitable Living Environment): Support services, programs, and projects for the city's LMI residents, including persons with special needs and residents at -risk of homelessness. • Objective 2.1: Support public service activities that serve the city's LMI residents. • Objective 2.2: Invest in public facility improvements that serve persons with special needs and low income residents, as well as public facility improvements located in the city's LMI areas. Strategy No. 3 (Economic Opportunities): Improve economic opportunities in the city's LMI areas. • Objective 3.1: Support public service activities that provide employment training or job creation/retention for the city's LMI residents. • Objective 3.2: Invest in public facility improvements or activities in the downtown area that address one or more of the conditions which contributed to the deterioration of the area. Page 3 6. Projects & Recommended Funding Below is a list and brief project description of all the funding applications submitted for Program Year 2013. Public Service Applications • Hunger Relief, Meridian Food Bank: Project funds would be used to purchase food that is distributed through the Meridian Food Bank to hungry families and to children through the weekend Backpack Program. • Finally Home Rapid Re -Housing for Homeless Families, Salvation Army: Project funds would be used for case management services to operate the Finally Home transition in place program for homeless families in Meridian. Finally Home is a Housing First Model program that provides housing and intensive service to the homeless. It is an approach to ending homelessness that centers on providing permanent housing first and then providing services as needed and requested. The Salvation Army currently operates this program in Boise. • Senior Job Training/Placement and Business Development, Open Lines Training: Project funds would be used to provide job refresher/training and job placement for Meridian Seniors. Project includes working with local businesses for job placement opportunities. The project is intended for seniors who are residents of Meridian with a plan to coordinate with the Meridian Senior Center. • Scholarships for Extended Programs, Meridian Boys and Girls Club: Project funds would be used to provide scholarships on a sliding scale based on income levels for the Meridian Boys and Girls Club's fee based programs including the Summer Early Risers Program, the Meridian Sunshine Club, and the Meridian Kindergarten Program. These programs require an additional fee above and beyond the regular Club membership fees. Extended programs are offered as an extension of the Club services to serve the needs of working parents who need the Club to be open for their child during the hours they need to be at work. Non -Public Service Applications • Down Payment Assistance, Neighborhood Housing Services: Project funds would be used to help pay down payment and closing costs for qualified low/moderate income households purchasing a home in Meridian. • Down Payment Assistance, Ada County Housing Authority (ACHA): Project funds would be used to help pay down payment and closing costs for qualified low/moderate income households purchasing a home in Meridian. • Housing Acquisition and Rehab, Neighborhood Housing Services: Project funds would be utilized to assist in the purchase and rehabilitation of one single-family residence in Meridian to be sold to an eligible low -moderate income buyer. • Centennial Park ADA Accessible Restroom Facility, Meridian Parks and Recreation Department: Project funds would be used to design and construct an ADA accessible restroom facility in Centennial Park. There are currently no restroom facilities in Centennial Park. • Picnic Shelter at 8th Street Park: Project funds would be used to design and construct a picnic shelter at 8th Street Park. There is currently no picnic shelter at 8th Street Park. • Facade Improvement Program, Meridian Development Corporation: Project funds would be utilized to assist business and property owners to make facade improvements to their businesses in downtown Meridian. • Wayfinding and Signage, Meridian Development Corporation: Project funds would be used to design and install signs in downtown Meridian to promote Meridian's downtown core. Page 4 The CDBG Scoring Committee that reviewed all of the submitted applications recommends funding two projects under the public service category, the first for the Meridian Food Bank and the second for the Meridian Boys and Girls Club because those applications scored the highest on all of the scoring criteria. The recommended funding level for both projects is less than requested; however, both organizations can still benefit from the recommended funding amount. The Scoring Committee recommends funding two of the seven submitted projects for the non-public service applications at varying funding levels. In addition, the Committee recommends that the remaining non-public service funds be utilized for a public facility improvement project (i.e. sewer or water line replacement in LMI area, public art, sidewalks in LMI area, etc.) to be determined in coordination with the City Council at a later date. The Scoring Committee recommends funding both of the City of Meridian Parks and Recreation Department applications because those applications scored the highest on all of the scoring criteria. The Scoring Committee did not recommend funding for three of the applications because each one of them still has unspent CDBG allocations from previous program years: Ada County Housing Authority and Neighborhood Housing Services for down payment assistance programs, and the Meridian Development Corporation for the Fagade Improvement Program. The Committee did not recommend funding the NHS application for housing acquisition and rehab and the MDC application for Wayfinding and Signage. Four public service applications were submitted for a total funding request of $101,400. As identified above, the available funding for the coming program year is capped at approximately $36,500 for public services. Public Service Applications Applicant Project Name Funding Request Recommended Funding Meridian Food Bank Food Supplies $40,000 $26,500 Boys & Girls Club Scholarship Program $25,000 $11,000 Salvation Army Case Management for Finally Home rapid re -housing program $10,000 $0 Open Lines Senior Job Training/Placement $26,400 $0 Page 5 Seven non-public service applications were submitted for a total funding request of $262,500. The available funding for Program Year 2013 is $163,500 for these types of projects. n..1.1:_ C..r.."e Amrdir•nfinnc* IY VII—r NV11V JCS rla.a. /�F/1+••.+M Applicant .•�•••' Project Name Funding Recommended Request Funding Meridian Parks & Restroom at Centennial Park $91,000 $91,000 Recreation Department Meridian Parks & Picnic Shelter at 8th Street Park $36,500 $36,500 Recreation Department Neighborhood Housing Acquisition/Rehab $25,000 $0 Services (NHS) Neighborhood Housing Down Payment Assistance $20,000 $0 Services (NHS) Ada County Housing Down Payment Assistance 50,000 0 Authority (ACHA) Meridian Development Fagade Improvement Program $30,000 $0 Corporation (MDC) Meridian Development Wayfinding & Signage $10,000 $0 Corporation (MDC) * The projects recommended for funding total $127,500. The scoring committee recommends working with City Departments and agencies (eg. —ACHD, MDC, etc.) to determine one other eligible public facility improvement to be funded with the remaining $36,000. 7. Next Steps After Council has established the priorities for the coming program year at the May 28 public meeting, staff will prepare the draft annual action plan. The required public comment period for the draft Program Year 2013 Action Plan will be from June 20, 2013 through July 23, 2012. The public hearing for the Program Year 2013 Action Plan is scheduled for July 23, 2013. Meridian City Council Meeting DATE: May 28, 2013 ITEM NUMBER: 10 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES 4L 0,,Y 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: May 28, 2013 ITEM NUMBER: 8B PROJECT NUMBER: ITEM TITLE: Public Works: Budget Amendment for FY2013 for the Not -to -Exceed Amount of $�9,999-90 for Wastewater Consulting 551 ono •o c7 MEETING NOTES �S APPROVEDv-j Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 1� Mayor Tammy de Weerd E IDIANI-6,-, city ceuee�>< MemberpKeith Bird IDAHO Brad Hoaglun Public Charles Rountree David Zaremba Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Clint Dolsby, Assistant City Engineer DATE: May 16, 2013 SUBJECT: BUDGET AMENDMENT FOR FY2013 IN THE AMOUNT OF $70,000 FOR WASTEWATER CONSULTING I. RECOMMENDED ACTION A. Move to: 1. Approve the FY2013 Budget Amendment for $70,000; and 2. Authorize the Mayor to sign the amendment. II. DEPARTMENT CONTACT PERSONS Clint Dolsby, Asst. City Engineer (Project Manager) 489-0341 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background The Public Works Department plans wastewater consulting projects yearly according to the needs of the wastewater division. In fiscal year 2013, the Public Works Department has several priority consulting projects that require additional funding from the wastewater consulting budget. This budget amendment is being requested to reallocate fluids from water consulting and to ask for new money from the enterprise find ending fiend balance. Page 1 of 3 B. Proposed Amendment Public works proposes to reprogram $40,000 of water consulting Rending from 3200-55090 and request $70,000 of new money from the enterprise fund ending fund balance to finance continued work on several consulting projects. These project include: a) NPDES Permit Strategy and Technical Assistance. The development of the TMDL for a phosphorus target on the Boise River has precipitated the need for additional funding for the NPDES Strategy and Technical Assistance to allow the City to remain integrally involved in the process to develop a phosphorus target that will directly impact the NPDES Permit limits for Meridian. b) Design of reclaimed water for the Franklin Road Ten Mile to Black Cat road widening project. c) Design of wastewater treatment plant frontage improvements. The design of the improvements to the frontage of the wastewater plant has been accelerated to coordinate this construction project with the relocation of the upgraded RV Dump, the construction of the new administration building and the laboratory expansion. Improvements to the entrance are necessary to improve access for RVs and prevent RV dump customers from backing up onto Ten Mile and causing traffic problems. The current wastewater treatment plant entrance is difficult to navigate for vehicles approaching the wastewater plant from the north. Additionally, with the development that is scheduled in the area immediately to the east of the entrance, the proposed project would provide landscape screening of the industrial wastewater facility from its neighbors. IV. IMPACT A. Strategic Iinpact: This project meets our mission requirements to identify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining financial stewardship. B. Service/Delivery Impact: The negotiation and development of the NPDES permit for the Wastewater Treatment Plant is critical to the future of the facility. Successful negotiation of a permit that is mutually beneficial to the City and the regulators has the potential to save the City millions of dollars in capital improvements and chemical costs at the Wastewater Treatment Plant. The design of the reclaimed water improvements for the Franklin Road widening project will enable the City to expand our reclaimed water service area to include potential customers. Improvements to the frontage of the wastewater treatment plant will address concerns related to visibility, safety, access and security. Page 2 of 3 C. Fiscal Impact: Project Costs Remaining Consulting Funding $12,034.27 Master Plan Support Services $22,603.00 WWTP Digester Gas Piping Removal Project $21,000,00 Contract Inspection $20,000.00 Boise River Outfall Pipe Evaluation $15,000.00 WWTP Electrical Coordination $10,000.00 Lakeview GC Reuse Water Supply Evaluation $7,760.00 WWTP Reclaimed Water Onsite Irrigation $5,000.00 E -Builder Implementation $4,000.00 Fiber Optics $1,900.00 Engineering Policy and Stds Update $702,73 NPDES Permit Strategy and Technical Assistance (3200-55080) $175,000.00 Franklin Road Ten Mile to Black Cat Reclaimed Water (3200-55080) $15,000.00 Wastewater treatment plant frontage improvements (3200-55080) $20,000.00 Total Cost $345,000.00 Proj ect Fundiin FYI Wastewater Consulting Fund (3200-55080) $235,000.00 Proposed FY13 Budget Amendment (3200-55090) $40,000.00 Enterprise Fund Ending Fund Balance $70,000.00 Total Funding $345,000.00 V. ALTERNATIVES A. The City could choose not to approve the budget amendment. Without this amendment these consulting projects would not be completed. VI. TIME CONSTRAINTS Council approval will allow these priority consulting projects to be completed. VII. LIST OF ATTACHMENTS A. Budget amendment nn Approved for Council Agenda: Page 3 of 3 z G3 D to n 0 C on CD (D CD 0 (D =. 0 a" CD CD CL 0 0 cnD C a CD to 3 0 CD C 0 C1 O CD CD 0 CD 0 Cl01 CD x "0 CD 0 6 CL cr 0 n v > 'a� -0 m m — I r_ < Z E;, z ^z Io CD �ow c o0go 0 m :E 3 o =� o IT) n Ln -0 0 0 CL Sr a "'D 2L 3 f. CD U 0 < c M- CL m 3 xv CLou wm CL m m - o" r a' 0 - - (D B m m m CL f=l D 7 M D m Q CD o 5 @ m 0 6 = OW. '0 mo CL I w M < 0 :3 <0 j CL M 1E 0 --1 CL m CL m=' 3 3 <mO M ID o ID m @ 3 rD r M—os.mo-"g-o D M FL 0 0_ =r :5 m m c < m al Or — ID 3 =r = — 3 0 m E—R 'R - 0 cr0 0 u�o M 0 < =r 0 0 ID 0 0-ro M ^ =r is ID 0 A x (M A C', :E OQ 0 Cl w G1 c 0 a <, ;T o< 0— CL W ID < m z m m om a m S 0, ID o Sm 10 A o rD 0,=, C:L CL La: = ID w o rL -0 2 m =r at cr 0 0 > mCL o in. m w c 3 CL _0 2 sr m 0 0 2) :3 c r CL CD (a CD 0 O CD CD 0 m c CD O CL CL O :3 c :3 Cl CCS 0 c W. CL CD =r CD C c 0 C) m m Z m Z -q 0 ;o,n K -n x --, B cD 3 o I I r rwmwi r4 6 CL 0 2 E7 EE A3 CL iCL k� k} �M 2ƒ ) « » a £§ k2 2J \ƒ z iA 0 .�� c - O4 4ic >§ z> oz rb m 2 4 ,n O M 3 \ Q O D k.±z \ � \ \ ] &2 a: 0 \� 9 E° m c - O4 4ic >§ z> oz rb m 2 4 ,n O M 3 Meridian City Council Meeting DATE: May 28, 2013 ITEM TITLE: ITEM NUMBER: PROJECT NUMBER: Public Works: Budget Amendment for FY2013 for the Not -to -Exceed Amount of $77,000.00 for Waterline Extensions MEETING NOTES APPROVED Community Item/ Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS VE IDIAN*- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Kyle Radek, Assistant City Engineer DATE: May 23, 2013 Mayor Tammy de Weerd C1fty Council Memberse Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: BUDGET AMENDMENT FOR FY2013 IN THE AMOUNT OF $77,000 FOR WATERLINE EXTENSIONS I. RECOMMENDED ACTION A. Move to: 1. Approve the FY2013 Budget Amendment for $77,000; and 2. Authorize the Mayor to sign the amendment. II. DEPARTMENT CONTACT PERSONS Kyle Radek, Assist City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background Well 17 Upgrades project was completed this year with $77,000 remaining in the project budget. B. Proposed Project The proposed project is to move the funds remaining in the Well 17 project to Waterline Extensions to be used to advance other projects. Page I of 2 IV. IMPACT A. Strategic Impact: Waterline Extensions projects support the Public Works objectives of providing uninterrupted water supply and fire suppression, providing ample water supply to our customers, enhancing and protecting water quality, and meeting the requirements of the Safe Drinking Water Act. B. Service/Delivery Impact: These projects allow us to serve customers with high-quality water for potable uses and fire protection. C. Fiscal Impact: Budget Well 17 Budget (FY 13) $180,000 • Well 17 funds available for reallocation 477,000 Total Well 17 funding needed $103,000 Waterline Extensions Budget (FY 13) $526,723 Budget Amendment $77,000 Total Waterline Extensions funding $629,723 Net Change to Public Works budget $0 V. LIST 01 A. Bu Approved for Counci Page 2 of 2 0 0 0 0 LL I -- Z W Z W a LL %n c C�. W N 0 O U Q N a N c7 C Z i E a °1 m � EM 4, d CD U � C ro .o 0 w E 3 a c:.0 m ;3 O ro v A E L a `0 w U CLCL E w Y Q) m On `- m '-00 N o m � 0 a c m E.9 Qf 0,0 m M al O c3vm t' d O C " M N 2 Ia a) C maaca LU am0 C d b � r a � X N ru >' a E t v r. 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O C a m w � V C/) 0 v E w X LU N C) F - c o V- �t L1 h U. iE o S' Q O ci a N = �y O U J� cn W co U N 4U i— 0) O O E wl > 0 C) � ow- o s U a: ww z V tJy 0 0 'C d tv d iV r iV tV d ev d cv tV w a V �r er NrgNcv d d n, Q+-r-%- c �r LU tt tt et d J ua CLO O x ICU 0 to n n >, a z o D *0 � C m � 'CO y o J C2 : T 5 }C. i} C 0 � t6 O 0 ct O � � O w co c» - EN 47 � O Q z� •o <t fe rn C sx � � , � Q E U? 4 pS Q ¢ C C7 Q < 'Et�1 - O ai Z iJ 't' U t -, CL ro o C QCL7 9.r� 6�ti' •. c i� d C5 t% . x to z 40 *0 0 C c � O r x'd z 0 ct O w � O rn C C7 cmc p x uj w V r- 0 E X LU C) J o V- �t h h Q O ci 0>J � U J� V x LU ua CLO J +u O a WE= ,� to z 40 *0 0 C c � O r x'd z 0 ct O � O rn C C7 cmc p uj V r- 0 X LU C) J o ttl �t h h Q O ci 0>J � U J� WE= ,� to z O O z O � O rn cmc p Meridian City Council Meeting DATE: May 28, 2013 ITEM NUMBER: 8D PROJECT NUMBER: ITEM TITLE: Public Works: Budget Amendment for FY2013 for the Not -to -Exceed Amount of $130,000.00 for Well 15B Test Well MEETING NOTES 0xva4,,,- S4u-O�APPROVEU Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS (: �Se E I DIAN�- Public I D A li O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Kyle Radek, Assistant City Engineer DATE: May 22, 2013 Mayor Tammy de Weerd City Council Mernberls Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: BUDGET AMENDMENT FOR FY2013 IN THE AMOUNT OF $130,000 FOR WELL 15B TEST WELL ^ 1. RECOMMENDED ACTION A. Move to: 1. Approve the FY2013 Budget Amendment for $130,000; and 2. Authorize the Mayor to sign the amendment. II. DEPARTMENT CONTACT PERSONS Kyle Radek, Assist City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background This year, Well 15 was scheduled for evaluation and reconstruction. Additional funding was scheduled to be used to begin design of an iron and manganese treatment facility after evaluation and reconstruction were completed. During the evaluation, it became apparent the poor condition of the well would make investment in reconstruction or a treatment facility unwise. The scope of reconstruction design was changed to design of a test well that would enable Page I of 2 continued trouble -shooting of the current well and more importantly, prepare for design and construction of a replacement production well. B. Proposed Project The proposed project is the construction of Well 15B Test Well. This project will use the original funds designated for the project, but will require additional funds to complete. This budget amendment is being requested to fully fund the construction of the test well. IV. IMPACT A. Strategic Impact: This project supports the Public Works objectives of providing uninterrupted water supply and fire suppression, providing ample water supply to our customers, enhancing and protecting water quality, and meeting the requirements of the Safe Drinking Water Act. B. Service/Delivery Impact: This project allows us to serve customers with high-quality water for potable uses and fire protection. C. Fiscal Impact: Budget Well 15 FY 13 $150,000 • Amendment $130,000 Total Funding FY 13) $280,000 V. LIST OF ATTACHMEN S A. Budget amendrne t orm Approved for Council Agenda: D Page 2 ofZ O 0 M V - LO Ago ` yi c. C.> 0 ' w .c C 4 �: M z�< 0' . s 12 E 0 u. i ro C'. N V 5 U ^^ 2 ,, a) Q Mn C l0 C r [0 'O C I� 70 4) ; T N ..0 N .Q U N a) O Y 0 dcar o c 3 cu c E V ny oS3mU Yi = ry w d O Cq � ,, w z d v F. b 3 .y ' G b @ C O m C ti O N c m� c a ro o u o m G c'A °1 c IV@-C, r 5m U F 7i-; v , L v 3 0 3 7 O p a N U Cc 0. c a d c u C �O O c 3 O ro •- w 2 ° -5 3 c � � o v 2 N od E. " cip a o w o 0 N c C N C @ O m E a E 4@ a 6 c 0 o ar u c a�µYsa Y � Q 110oc o ani C L C 76 o�, N C O O y @ U y y O O ti Y O OJ O O/ O d rn 0 a .s =a E° +� a a u �L O ��O O L�.f E'`4',, L c V = o ro a U N O 'I--a$c a a �dc� o r G r = &0 N Cr- d( 0'� LM (a � E a i =S CL O1 18 'um o aaa'a a >CL.L v 'd O C ^� .� E ° 4.- 0.0 M Q C O a+�S O 'C a 42 L Q a m N °i a rn 10 m � L wQC13 'YZ N ,r ill 69 44C Iw m sts 11 M CL �L 00 Z w z z w C3 � W 2~ W 0 D U m c <[ 0 C r, Q. N c < O 0 (j r CCi � Zai � > Q E rr tEJ , tJz tJf E Via\.. �'?.•N C �G S ' cD E < < 2 m CL oa O E O 05 2 E G O N Q tU �• �- Q- C ext cG7 G7 CJU_ � sex`s C. CL �L 00 Z w z z w C3 � W 2~ W 0 D U m c <[ C r, E to N c < O 0 (j r i. b � o0 Z .S n E Via\.. �'?.•N � E "CS S ' cD E < < 2 m oa O E 2 E G O N Q tU �• �- Q- C ext cG7 G7 CJU_ CL �L 00 Z w z z w C3 � W 2~ W 0 D U m t N c < O 0 (j r � 0 n CL m Q f Q N � sex`s C. G w tt) N O tdi E O S C3. W L S2 E m s 0-© U { i z ���yy C 2 L xu 0 ,C CLQ @ 4 N 0 0 civ U i <t c G v cr sir w� fe LO a. Q t N c < r � 0 n m f C � sex`s Uj,Lw E C io r L 4 ���yy C 2 L ra CLQ @ 4 U U w� LO 0 M 0 fSS M 0 � x� 0 U) V � � V C .L ext � cu q � Y .p a) c Ci 0 y f C � i.1 Uj,Lw E C r L 0 C U w� LO Q O °' U z m O 0 M 0 fSS M 0 � x� 0 U) V � � V C .L ext � cu q � Y .p a) c Ci y f i.1 0 M 0 fSS M 0 � x� 0 U) V � � V C .L ext � cu q � Y .p a) c Ci Meridian City Council Meeting DATE: May 28, 2013 ITEM NUMBER: 8E PROJECT NUMBER: ITEM TITLE: Mayor's Office: Budget Amendment for FY2013 for the Not -To -Exceed Amount of $2,871 for the Mayor's Youth Advisory Council Fundraiser for Ben's Bells MEETING NOTES APPROIED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 0T=Dti) < o to 0) o.o0 to ;L � to 0) 3 ma Tcsg a ��-A cr CD 0 0 CLCD a a<_.0 CL m C O d O Q (D C -D. o 3 ��•', i4 CL �' C `<'° W O lo tp m 7 LJ' C fm G 0, O O (D O o qJ dop. ..r i rr 0 CD o 0 .-., U) cr Cr w C Ci Q tQ tF(D C = M a tort N ro N @ ro .0 CD w N rn cn cn �. C> m CL {° (a o N 'a a a COC COCO 3 a 0 m O N a. o CD i J � =+ { .t2 C (D a ;r W. S3� X CD a CD CL kv- .gin CD 0 C3' CD y su Ir N rorDC ? v - � %i 0. <0 cr t1"i CL 0 � �„ a T CD m •- -� m --I O 0 > m {D .. .. p a0 (D p v ® m z 2>f ro ^-. (D 0.. H -n a sv _. /u a vti < ni Q =y" N (D 3 r+ ^aS to CD YAM m �" V CD d c: to d 7CDM " a toD fl- zw aa: n S O,; CDm N w coo Cl a g Nc W a NlV 'n cr m ro En {D M M CL ro mCD CL 'C m Z cr d � s T ro opo o o y 0 E0. Y$% a R ro cc M c d ro o r ` sr rD rom K g� fC C M d yy� fPD 0 to roh m � n sa CLM CL � tr CL � tD iD Q m n a c m G ar 3 c � C. 0) yr � ca s� cQ 0 s 0 3' '#P .0 :6 'ti. Meridian City Council Meeting DATE: May 28, 2013 ITEM NUMBER: 9A PROJECT NUMBER: AZ 13-002 ITEM TITLE: HERRON RIDGE ESTATES Ordinance No. 13 ' 1515�j ._: An Ordinance for the Annexation of a Parcel of Land Located North of Chinden Boulevard, South of Phyllis Canal and Approximately 1/2 Mile East of N. Black Cat Road, Commonly Known as Heron Ridge Estates (AZ 13- 002) MEETING NOTES y APPROIED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 5 BOISE IDAHO 05129113 09:57 AM DEPUTY Bonnie Oberbillig RECORDED -REQUEST OF III 113058511 II I II Meridian City CITY OF MERIDIAN ORDINANCE NO. 13-155'k BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 13-002 — HERON RIDGE ESTATES) FOR ANNEXATION OF A PARCEL OF LAND BEING A PORTION OF SW 1/4 OF SECTION 22, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT AND R-1 IN ADA COUNTY TO R-2 (LOW DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to -wit: Tuck Ewing. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT and R-1 in Ada County to R-2 (Low Density Residential District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION — HERON RIDGE ESTATES (AZ 13-002) Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2013. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2013. MAYOR TMY de WEERD ATTEST: o41o1A�en AU��'''� / ✓ � /A /1 ti$G f903 • — r 1IDIA.N-- JAYCE . HOLMAN, CITY CLE SEAL Fy ti l ,P Bq 4�he TRE AcOii. ANNEXATION — HERON RIDGE ESTATES (AZ 13-002) Page 2 of 3 STATE OF IDAHO, ) ) ss: County of Ada ) On this —2Z- day of , 2013, before me, the undersigned, a Notary Public in and for said State, personally ap eared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,*..... JOIy0•. (SEAL) : W� Z0� AR �,`. • ;SATE U� • c NO ARY PUB C FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: ANNEXATION — HERON RIDGE ESTATES (AZ 13002) Page 3 of 3 Exhibit A ason Professional Engineers, Land Surveyors and Planners 826 3rd Street South, Nampa, ID 83651 n, 1d, '1n Ph (206} 454-0256 Fax (208) 454-0979 ANNEXATION DESCRIPTION A parcel of land being a portion of SW 1/4 of Section 22, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County Idaho, more particularly described as follows: Commencing at the southwest corner of said SWI/4; Thence S 89° l7' 17" E a distance of 2467.17 feet along the south boundary of said SW 1/4 to the S 1/4 corner of said Section 22, Thence, S 890 17'35" E for a distance of 351.42 feet along the south boundary of said Section 22 to a point; Thence N 000 18' 15" E a distance of 2408.25 feet POINT OF BEGINNING; Thence N 000 24' 10" W a distance of 9.13 feet to a point; Thence N 89° 30' 07" W a distance of 790.90 feet to a point; Thence N 000 27'40" E a distance of 494.09 feet to a point; Thence S 771 1)' 38" E a distance of 390.96 feet to a point; Thence S 520 47139" E a distance of 93.33 feet to a point; Thence S 83° 06'23" E a distance of 713.09 feet to a point; Thence S 00° 28' 37" W a distance of 461.54 feet to a point; Thence N 471 25'08" W a distance of 249.18 feet to a point; Thence N 860 30'58" W a distance of 189.71 feet to the POINT OF BEGINNING; This annexation contains 10.25 acres more or less. SUBJECT TO: All existing rights of way and easements of record or implied appearing on the above- described parcel of land. MA.50N & 5TANMLD.ING EA6ACE rS.SuRveY00&FIANNEY-5 POVIOr: RE PROVAI. BY FEB 2 6 2413 MERIDIAN WORKS �FpT. Exhibit B M'1R WCKCAT ROW Ii1.0Y' v 'i • z Ci aH, Tcry +►rtE RCIAp RE A'ROVAL BY FEB 2 6 2013 MERIDIAN PUBLIC `NORKS NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 13- 155; R PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a parcel of land being a portion of SW 'l4 of Section. 22, Township 4 North, Range I West, Boise, Ada County, Idaho. This parcel contains 10.25 acres more or less. Also, this parcel is SUBJECT TO all easements and. rights-of-way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual. field survey. A full text of this ordinance is available for inspection at City Hall. City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shat ccome effective on the 2_day of JD A 2013. _k'MV0" SAH of Wridian ,Ci Mayor and City Councilt. 7, By: Jaycee L. Holman., City Clerk SF_I.L First Reading: 12— Adopted atter first rea4ing by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES Second Reading: Third Reading: STA'T'EMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 13-_Lr_of the City of Meridian, Idaho, and has found the same to be true and. complete and provides adequate notice to the public pursuant to Idaho Code § 50-90.1 A (3). DATED this day of 2013. William. L.M. Nary City Attorney ORDINANCE SUMMARY —HERON RIDGE ESTATES (AZ 13-002)