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2013-09-03C�WERIDIAN CITY COUNCIL REGULAR IDAHO MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, September 03, 2013 at 6:00 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. Findings of Fact, Conclusions of Law for Approval: RZ 13-006 Fast Eddy's by Steve Eddy Located at 710, 730, 750, 770 & 790 W. Ustick Road Request: Rezone of a 5.52 Acres of Land from C -N to C -C Zoning District B. Findings of Fact, Conclusions of Law for Approval: CUP 13-006 Fast Eddy's by Steve Eddy Located 710 W. Ustick Road Request: Conditional Use Permit Approval to Extend the Business Hours of Operation in the C -C District When a Property Abuts a Residential Use or District From 11:00 P.M. to 12:00 A.M. on Fridays and Saturdays in Accord With UDC 11-213- 3A.4 C. Findings of Fact, Conclusions of Law for Approval: AZ 13-006 Jack's Place Subdivision by Jack's and Jesse Place, LLC Located East Side of S. Meridian Road, Approximately 1/4 Mile North of E. Victory Road Request: Annexation of 5.34 Acres from RUT in Ada County to the L -O (Limited Office) (1.71 Acres) and R-8 (Medium -Density Residential) (3.63 Acres) Zoning Districts D. Findings of Fact, Conclusions of Law for Approval: PP 13-010 Jack's Place Subdivision by Jack's and Jesse Place, LLC Located East Side of S. Meridian Road, Approximately 1/4 Mile North of E. Victory Road Request: Preliminary Plat Approval Consisting of Three (3) Office Lots, Twenty (20) Meridian City Council Meeting Agenda —Tuesday, September 03, 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. 14 7 Residential Lots and Three (3) Common Lots on Approximately 4.52 Acres in the Proposed L -O and R-8 Zoning Districts E. Final Order of Approval: FP 13-036 Oak Leaf Subdivision by Oak Leaf Development Company, Inc. Located North of Chinden Boulevard and Approximately a 1/4 Mile East of N. Black Cat Road Request: Final Plat Approval Consisting of Four (4) Single Family Lots and Three (3) Common Lots on Approximately 10.10 Acres in an R-2 and R-8 Zoning Districts F. License Agreement with Nampa & Meridian Irrigation District for Wastewater Treatment Plant Stream Sampling Stations Over Five Mile Creek G. Agreement for Independent Contractor Services with Cascade Pipeline Corporation for Site 12A Sewer Replacement Project Construction, for a Not -To -Exceed Amount of $51,830.00 H. Resolution No. Proposed # 13-942: A Resolution of the Mayor and City Council of the City of Meridian Authorizing the City Clerk to Destroy Certain Temporary Records of the Meridian Water Department; and Providing an Effective Date I. Christmas in Meridian 2013 Sponsorship Agreement Between Borton-Lakey Law and Policy and the City of Meridian for a Not -to -Exceed Amount of $2,000.00 J. Approval of a Sole Source Purchase to Install Lights and Electrical Services for Legal Tenant Improvement to the Existing City Hall Building from Tri-State Electrical, Inc. K. Water Main Easement for Sicily Subdivision L. 2013 Addendum To Lease Agreement Between Lakeview Meridian Investors LLC And The City Of Meridian Moved off of Consent Agenda to Item 6 and Continued to Department Reports on 9/10/13 M. Design Agreement with CSHQA for a Public Safety Training Facility for a Not -to -Exceed Amount of $417,610.00 N. Agreement with Alicia Dyson for Purchase of Meridian Road Overpass Public Art Design for the Not -to -Exceed Amount of $2,500.00 Items Moved From Consent Agenda Item 5L Moved here Action Items Meridian City Council Meeting Agenda — Tuesday, September 03, 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. A. FP 13-035 Bainbridge Subdivision No. 1 by Brighton Development Located Ease Side of N. Black Cat Road, Approximately 1/4 Mile South of W. Chinden Boulevard Request: Final Plat Consisting of Forty -Two (42) Single - Family Residential Building Lots and Two (2) Common/Other Lots on 13.71 Acres of Land In an R-8 Zoning District Approved with Conditions 8. Department Reports A. Economic Development Department: Strategic Plan Update Continued to September 24, 2013 B. Solid Waste Advisory Commission: Republic Services Annual Rate Adjustment for Solid Waste Collection Services Approved to Move Forward with Public Hearing 9. Ordinances A. Ordinance No. 13-1569: An Ordinance Amending Title 1, Chapter 8 regarding specific appointments by the Mayor to include Human Resources Director and Information Services Director and amending the Duties of the City Attorney and the Human Resources Director Approved B. Second Reading: Ordinance No. 13-1573: Adopting Idaho State Plumbing Code and Local Amendments; Adding Local Amendments to 2009 International Building Code Regarding Restrooms, Drinking Fountains, and Service Sinks in Business and Mercantile Occupancies 10. Future Meeting Topics 11. Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To Consider and Advise Its Legal Representatives in Pending Litigation Into Executive Session at 7:19 p.m. Out of Executive Session at 9:11 p.m. Adjourned at 9:11 p.m. Meridian City Council Meeting Agenda — Tuesday, September 03, 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 September 3, 2013 A meeting of the Meridian City Council was called to order at 6:25 p.m., Tuesday, September 3, 2013, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Brad Hoaglun, Charlie Rountree, David Zaremba, and Keith Bird. Others Present: Bill Nary, Jaycee Holman, Jacy Jones, Bruce Chatterton, Kyle Radek, Jaime Leslie, Perry Palmer, Jeff Lavey 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: Again I apologize. We will go ahead and launch right into our regular City Council agenda. First I'd like to welcome you and certainly would like to welcome the Boy Scouts in the audience. We are always thrilled to see young faces in our audience. Not to say the rest of you don't have youthful faces. But for the record it is Tuesday, September 3rd. It's 6:25. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by De Weerd: I don't see Mr. Moore in our audience. Rountree: I don't either. Item 4: Adoption of the Agenda De Weerd: Okay. Well, I will apologize and we will go ahead and skip to Item No. 4, which is the adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council September 3, 2013 Page 2 of 23 Hoaglun: Under 5-H that is Resolution No. 13-942. Under Department Reports, 8-A, staff is requesting this be continued to September 24th. So, we will deal with that when the time comes. With that, Madam Mayor, I move approval -- I move adoption of the agenda. Rountree: Second. De Weerd: Mr. President -- Hoaglun: Yes. De Weerd: -- it has been requested that L be moved down to the regular agenda. Bird: Do that with the consent, though. Hoaglun: I was going to do that at the Consent Agenda. De Weerd: I realize that. We are changing the agenda, so we want to put it in this motion. Nary: Correct. Hoaglun: Okay. Madam Mayor. De Weerd: Yes. Hoaglun: 5-L, the 2013 addendum to lease agreement between Lakeview Meridian Investors, LLC, and the City of Meridian, has been requested by Councilman Zaremba to move that to Item 6. So, with those changes, 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. Findings of Fact, Conclusions of Law for Approval: RZ 13-006 Fast Eddy's by Steve Eddy Located at 710, 730, 750, 770 & 790 W. Ustick Road Request: Rezone of a 5.52 Acres of Land from C -N to C -C Zoning District B. Findings of Fact, Conclusions of Law for Approval: CUP 13-006 Fast Eddy's by Steve Eddy Located 710 W. Ustick Road Request: Conditional Use Meridian City Council September 3, 2013 Page 3 of 23 Permit Approval to Extend the Business Hours of Operation in the C -C District When a Property Abuts a Residential Use or District From 11:00 P.M. to 12:00 A.M. on Fridays and Saturdays in Accord With UDC 11-213- 3A.4 C. Findings of Fact, Conclusions of Law for Approval: AZ 13-006 Jack's Place Subdivision by Jack's and Jesse Place, LLC Located East Side of S. Meridian Road, Approximately 1/4 Mile North of E. Victory Road Request: Annexation of 5.34 Acres from RUT in Ada County to the L -O (Limited Office) (1.71 Acres) and R-8 (Medium -Density Residential) (3.63 Acres) Zoning Districts D. Findings of Fact, Conclusions of Law for Approval: PP 13-010 Jack's Place Subdivision by Jack's and Jesse Place, LLC Located East Side of S. Meridian Road, Approximately 1/4 Mile North of E. Victory Road Request: Preliminary Plat Approval Consisting of Three (3) Office Lots, Twenty (20) Residential Lots and Three (3) Common Lots on Approximately 4.52 Acres in the Proposed L -O and R-8 Zoning Districts E. Final Order of Approval: FP 13-036 Oak Leaf Subdivision by Oak Leaf Development Company, Inc. Located North of Chinden Boulevard and Approximately a 1/4 Mile East of N. Black Cat Road Request: Final Plat Approval Consisting of Four (4) Single Family Lots and Three (3) Common Lots on Approximately 10.10 Acres in an R-2 and R-8 Zoning Districts F. License Agreement with Nampa & Meridian Irrigation District for Wastewater Treatment Plant Stream Sampling Stations Over Five Mile Creek G. Agreement for Independent Contractor Services with Cascade Pipeline Corporation for Site 12A Sewer Replacement Project Construction, for a Not -To -Exceed Amount of $51,830.00 H. Resolution No. : A Resolution of the Mayor and City Council of the City of Meridian Authorizing the City Clerk to Destroy Certain Temporary Records of the Meridian Water Department; and Providing an Effective Date Christmas in Meridian 2013 Sponsorship Agreement Between Borton-Lakey Law and Policy and the City of Meridian for a Not -to -Exceed Amount of $2,000.00 Meridian City Council September 3, 2013 Page 4 of 23 J. Approval of a Sole Source Purchase to Install Lights and Electrical Services for Legal Tenant Improvement to the Existing City Hall Building from Tri-State Electrical, Inc. K. Water Main Easement for Sicily Subdivision M. Design Agreement with CSHQA for a Public Safety Training Facility for a Not -to -Exceed Amount of $417,610.00 N. Agreement with Alicia Dyson for Purchase of Meridian Road Overpass Public Art Design for the Not -to -Exceed Amount of $2,500.00 De Weerd: Item 5 is our Consent Agenda. Hoaglun: On the Consent Agenda, Madam Mayor., 5-H is Resolution No. 13-942. And 5-L is moved to Item 6. So, that will not be part of the Consent Agenda. With that I move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as amended. 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 6: Items Moved From Consent Agenda L. 2013 Addendum To Lease Agreement Between Lakeview Meridian Investors LLC And The City Of Meridian De Weerd: Item 6-L is regarding our lease agreement between Lakeview and the City of Meridian and I turn this over to Mr. Zaremba for his questions. Zaremba: Thank you. Madam Mayor, there were a couple of items that I wanted to discuss on this. I mentioned them offline to our attorney Mr. Nary and he pointed out that the golf course people are coming next week to actually make a presentation to us. So, I would even ask that this be moved to next week, as opposed to discuss now and become part of that discussion next week. Meridian City Council September 3, 2013 Page 5 of 23 De Weerd: Okay. That certainly can be discussed or -- and you can just make a motion, Mr. Zaremba, if you'd like to. I don't think there is any time sensitivity to this agreement, so if you'd like to make a motion. Zaremba: Madam Mayor, if that's acceptable I would be happy to. I move that what was Item 5-L, the 2013 addendum to lease agreement between Lakeview Meridian Investors, LLC, and the City of Meridian be continued until our regularly scheduled meeting next week, which would be September 11th. Bird: 10th. Zaremba: September 10th. I'm sorry. Bird: Second. De Weerd: I have a motion and a second to continue this item to next week's meeting. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I apologize, I didn't want to interrupt. I just wanted to clarify. We would put this on as a Department Report. I told Council Member Zaremba two things and so I just wanted to make sure it's clear. We would put it on as a Department Report and my staff would probably be the ones reporting on it and we would invite Mr. Oaas to attend. They annually come in October as well to request their annual report and, then, potential forgiveness of that. The reason that the -- the forgiveness of partial of the cost of the lease payment annually is in this document is this is related to last year's request. So, they could come next week. I just don't want to make -- I don't know what their schedule is. We will have a report about what this agreement and what the terms and conditions are in here that have been concerning, but they will all -- they are also going to come in October as well to talk about some of the ongoing maintenance and repairs and upkeep and things of the course as well. I just don't know for sure if they will be here next week. So, I just wanted to make sure that was clear. De Weerd: So, this would be a staff level report? Zaremba: Works for me. That's fine. Thank you. De Weerd: Okay. Perfect. We do have a motion on the table to approve the continuation of this item to next week. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Action Items Meridian City Council September 3, 2013 Page 6 of 23 A. FP 13-035 Bainbridge Subdivision No. 1 by Brighton Development Located Ease Side of N. Black Cat Road, Approximately 1/4 Mile South of W. Chinden Boulevard Request: Final Plat Consisting of Forty -Two (42) Single - Family Residential Building Lots and Two (2) Common/Other Lots on 13.71 Acres of Land In an R-8 Zoning District De Weerd: Okay. Under 7, Action Items, 7-A is FP 13-035. 1 will ask for staff comments. Chatterton: Madam Mayor, Council Members, this site consists of 13.71 acres of land, currently zoned R-8, and is located on the east side of North Black Cat Road, approximately one quarter mile south of Chinden Boulevard. The applicant is requesting approval of a final plat for the first phase of Bainbridge Subdivision, consisting of 42 single family residential building lots and two common lots. Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat. Because the number of buildable lots and common space is the same, staff deems the final plat to be in substantial compliance with the preliminary plat as required. However, there is one outstanding issue. As proposed this phase exceeds the Public Works Department's policy of serving no more than 24 buildings from a single water main source. The applicant's required to install a second water main connection or be restricted to 24 building permits until the second connection is completed. In terms of written testimony, Mike Wardle, in response to the staff report, expressed concern with the 24 lot limitation on building permits until a second connection is completed and I believe the applicant will want to address those concerns. Staff recommends approval with conditions. De Weerd: Okay. Chatterton: Be happy to answer any questions. De Weerd: Thank you. Council, any questions at this point? Bird: I have none. De Weerd: Okay. Good evening. If you will, please, state your name and address for the record. Turnbull: Madam Mayor, Members of the Council, David Turnbull, 12601 West Explorer Drive in Boise. De Weerd: Thank you. Turnbull: I would like to start by noting our relationship on this specific phase of the project. As you see on your graphic here there is a red line. Everything to the west of that red line is owned by Mr. Dallas Hess. Mr. Hess is a friend of mine and I agreed to Meridian City Council September 3, 2013 Page 7 of 23 develop this property for him on his behalf on a fee basis. He'll likely never talk me into that kind of arrangement again, but Mr. Hess is a friend and so I'm doing this on his behalf. I think that's important to understand, because one of the things that we did as you know from a previous hearing is amalgamate that into the Bainbridge Subdivision, so that it stretches that entire section. I did want to note -- I was real excited tonight. I don't know if my memory is skewed, but I seem to remember we are always last on the agenda and tonight I was excited to be first, but also last, because we are the only thing on the agenda. The thing was bumped on the Consent Agenda item and made us last again. De Weerd: Consider it a gift. Turnbull: We appreciate that. As Mike Wardle responded in writing, we concur with the staff report with one exception and that is Site Specific Condition No. 6, which states: As currently proposed 46 lots, this development exceeds the maximum number of lots, 24, being served from a single water main source and, therefore, the applicant shall be responsible to install the two water main connections to restricted -- or be restricted to only 24 building permits until the second water source is provided. Naturally I was perplexed by this kind of condition, because I had never seen it before and I don't know if its every been applied in the city before, but I would suggest that I believe -- we tried to get a copy today of the city's master water plan, so we could verify some of these things, but they said that we had to submit a public request and go through a process in order to obtain that -- that file and it may have something to do with -- with Homeland Security and maybe we are suspected terrorists. But, anyway, I do believe that there are other projects in the city -- in fact, on this Black Cat line -- if I'm not mistaken, the Oak Creek project that is just about a half a mile to the south has 80 lots developed -- I don't know how many homes are currently on that, but I don't believe that they have been subjected to this same restriction and I believe that they are only serviced by one line. But, nevertheless, I haven't seen this condition before. I don't think anybody else interprets the -- the DEQ code in the same way and I will provide some examples. As you know, our Spurwing Greens project just to the north of Chinden is served by United Water by previous arrangement. I don't know how that happened, but that is only one main source that services that property and it has, obviously, dozens -- well over a hundred homes. We have another project on United Water out in east Boise that's the same situation, one line running up Warm Springs Avenue. We currently have well over a hundred homes. And so this is a departure from the norm. I would note that on our Paramount Subdivision that we started in 2005 1 don't think we had a second water connection until phase 15. So, the problem is that requiring a second connection would exclude and make impractical the development of a large segment of Meridian city limits and the impact area. It just doesn't happen that way and lately we seem to be faced with more and more of these new policies that crop up that -- that don't seem to be vetted through the development community for what the impact would be on the development community. So, I replied in an e-mail to Bruce Freckleton wanting to know why -- where this limitation come from and I asked the basic question is it because of the capacity or pressure problem and I received a response and I will just quote the response that I got from Bruce. He forwarded Kyle Radek's e-mail. It says: The need Meridian City Council September 3, 2013 Page 8 of 23 for the second connection is based on system redundancy, not available fire flow amount, and is based on -- in quotes -- an Idaho Code section. So, I looked up that Idaho Code section and it reads -- it's Section 501.71. Groundwater source redundancy. New community water systems served by groundwater shall have a minimum of two water sources if they are intended to serve more than 25 connections or equivalent dwelling units. Since I'm not an expert on these things, I called Terry Scanlan at SPS, who is an expert on these things, and I asked him for his interpretation and he said that simply means that if you are creating any kind of a water system, whether it's for, you know, a small private system that would service 25 homes or more or a municipal system that would serve 25 homes or more and if you're based off of a well, you have to have at least two wells and to my knowledge Meridian has well over that number. So, I spoke with Terry, I said is that the interpretation and he said, yes, you have to have more than one ground water source. It does not refer to the number of mainline connections. Now, of course, the ultimate goal is going to be to have a looped system inasmuch as possible and that's the way we have always developed. As development occurs and as this development occurs and as we move toward Ten Mile Road of course we will extend and loop into Ten Mile Road. But to require us to extend a mainline water system all the way from Ten Mile Road almost a mile to Mr. Hess' property is not reasonable. We are still farming that property and this has never been done before. If Mr. Hess didn't have any kind of relationship with me he would be coming to me saying could you, please, do that and I could say yes or I could say no or the city could decide whether they wanted to extend that. Take for instance -- I don't know any of the property owners on the west side of Black Cat Road, but if there is a Farmer Jones over there and that has 20 acres and he wants to do 60 lots, he couldn't do any, because Mr. Hess already got the only 24 permits available. De Weerd: So, Mr. Turnbull, I hate to interrupt you, but perhaps Mr. Nary or Mr. Radek can maybe enlighten us on what -- what is the interpretation. Is this different? Are we doing something different here? And maybe we can put some context to this. Radek: Madam Mayor, I can respond to a few of Mr. Turnbull's comments and give the Council some -- some indication of what our intent was and our interpretation of what he talked about so far. De Weerd: Okay. Radek: And maybe that will help the conversation a little. De Weerd: That would be greatly appreciated. Radek: I did provide him the reference, which is always I think a good idea when you're talking about code, because code has to be interpreted. We do believe that the intent of the code is sources of water. It happens that the -- the very next paragraph of the code talks about redundant fire flow capacity, which really is talking about pumps and it's talking about sources in that -- in that paragraph. So, pumps are one thing, sources are another, and we have 20 pumps, but if everybody has one water main that's serving Meridian City Council September 3, 2013 Page 9 of 23 their house I would argue that maybe that's one source. As an example, this development -- this proposed development, Bainbridge, the water line that is on Black Cat Road goes about 9,000 feet until it gets to another source -- another water source line. So, 9,000 feet of pipe that whoever is living in Bainbridge will be depending on for their domestic water and their fire flow water, which means 450 sticks of pipe and 450 joints. So, really, it's -- to us it's about responsible utility development. At some point you get uncomfortable when too many are depending on one piece of infrastructure and how many -- how many is that? We struggled with that ourselves, but, then, in 2009 this code got put in and you could argue -- you could -- if you just looked at this paragraph by itself I think you could argue either way. But in light of the rest of the code and in light of the issue of redundancy for people, we believe that the -- it's a good intent and it's an intent that we share. If you take 24 houses at the end of that line and put them at 200,000 dollars a house, you got 4.8 million dollars of infrastructure that depends on one 12 inch water main, 9,000 feet of it. So, where is the fire flow when that water main breaks. It's not there. So, in our mind that's just good engineering and we feel like the IDAPA code, although it could be interpreted a couple different ways, supports a number for how many is too many to be on one -- one water main. I would -- I would note that the Spurwing development has a well inside of it, so it likely is fed by one water main coming from the United Water system and the one well that is within Spurwing, which would make two sources. So, I'm not familiar with the other development. Now, as far as us applying this standard to other developments, we have been applying the standard to other developments since we became aware of it in the DEQ rule and since we really started looking at this. I think in 2006, 2007 if we would have looked a little closer, even without the DEQ rule, we would have been saying, hey, we got too many people on a single water line here. As it stands, there are about -- I am aware of three developments in the City of Meridian that are served in this -- in this kind of situation where there is over 24 connections and they are on one single feed and that is the one he mentioned, which is Oak Creek I think -- is at the intersection of Black Cat and McMillan, which we have conditioned the next phase of that development to complete the water line on McMillan, so there will be two sources and there are two other ones, Kingsbridge Subdivision and a subdivision at Waltman Lane and Linder and both of those we are going to correct that issue with capital projects in the very near future. I think I have addressed all the things that -- that I think are important about the issue. I guess one more thing. It's -- water quality is an issue, too, not fire flow redundancy and emergency water supply. You have a dead end that's that long, it's very hard to consume the water, that's where water gets stagnant, corner residual goes down, and that's where iron and manganese precipitate as well. So, we are concerned about water quality as well. And just a comment, I guess. When development occurs that far away from the rest of your pipes it just makes it difficult. It's -- we don't run into this problem very much, because usually we have development that's kind of attaching to the rest of the system, kind of working from the inside out, and pretty easy to find two or three attachments, but when something is this far out kind of ahead, you run into these difficult situations. I think it's a situation that can be remedied by the developer, though, and without question it would be an extra cost, but I would submit that they have got a big development here and over time they are going to recuperate that cost if Meridian City Council September 3, 2013 Page 10 of 23 they would put a water main across it. I guess that's all the comments I have at this point. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Question, Kyle. How old is the water main that's going up Black Cat? Radek: That water main was put in in 2008. Hoaglun: Okay. Thank you. De Weerd: Mr. Turnbull, I hope that answers some of the questions. It sounds like this was an ordinance that was put into effect in 2009, which is after you started Paramount. Turnbull: Madam Mayor, it was -- it wasn't an ordinance, it's DEQ code, but I have read the code. It talks about wells and sources of water. That's what it's talking about. And I would submit to you that everybody else is interpreting it completely in the way I suggested and this is the first -- the only instance where I have heard it interpreted this way. Again, I commend this Council, because you have always been very supportive of business and you have always tried -- you know, your motto is to make Meridian the most business friendly city in the region and anytime something like this has come up you have encouraged the staff to go to the stakeholders to vet the issue before policies were enacted and there has been a couple of instances lately where that's just not happening and so we got caught by -- we get caught by surprise and it's not a comfortable situation to be in. Believe me, I would rather just go Consent Agenda and walk away. But this is a big deal. I can tell you nobody west -- nobody along that line -- if you insert this policy, it's going to essentially terminate development opportunities for a whole bunch of people big and small and it's in my view and, you know, the expert who I contacted that it's just simply an incorrect interpretation. We know that engineers like to quantify everything to the highest level of safety, but if you take the issues that they are talking about, what's -- what's the likelihood of down time in a water line, it's very -- probably fairly small, especially on a new line, but what's the probability of a fire happening at the same time that's down. It's infinitely small. You multiply those two together and you're talking about probabilities that would win you a substantial payout in the lottery. Hoaglun: Madam Mayor, question for -- De Weerd: Mr. Hoaglun. Hoaglun: -- Mr. Turnbull. You're showing on the Hess property as phase one, which is now part of the whole Brighton development portion as we worked that process here awhile back. What is your time line on the -- the Brighton development we will call it, as Meridian City Council September 3, 2013 Page 11 of 23 opposed to the Hess development? What's your time frame of starting that project? Are you -- Turnbull: It will be later this year. Hoaglun: Okay. Turnbull: It will be from the entrance off Chinden across from Spurwing. You know. And if United Water wanted to mingle their water with Meridian city we would have an easy solution, but we don't. De Weerd: You got that right. Mr. Zaremba. Zaremba: This is probably a similar question to Mr. Hoaglun's, but more specific. At sometime you do expect to extend the waterline that would make a loop out of this and that's the phasing that I would be interested in. Do you have a target timing for when that's going to happen under your own plan? Turnbull: Well, if you look on -- have you got the plat up in front? Yeah, you do. So, you can see where the LDS church site is on Ten Mile Road. I believe that's going to construction sometime here in the next few months. I don't know exactly what date, but it's within the next year. Our second phase, which would be the development that will start on our property, will go from the entrance on Chinden and will connect back to Mr. Hess's property, his first phase of development, and so, then, the next -- the third phase would go further to the east and that would probably be the connection that would connect everything together. So, it's a matter of a couple of years. De Weerd: Well -- Zaremba: And a follow up, if I may? De Weerd: Yes. Zaremba: Is Mr. Hess likely to need more than 25 homes before that time frame? Turnbull: I can pretty well assure you that all 42 lots will be sold out pretty immediately Zaremba: Okay. Rountree: Madam Mayor? Turnbull: In today's environment. De Weerd: Mr. Rountree. Meridian City Council September 3, 2013 Page 12 of 23 Rountree: David, I appreciate your analysis and your odds and that sort of thing, but it seems like invariably when we play those odds those things that are never going to happen happen and there has been a number of those cases that we have sat through and it always comes back up here. It never goes out to the development community or the commercial folks or the other residents that might have utilized part of our infrastructure. So, it's -- it's hard for me to -- to make this decision, because I appreciate what you say about trying to accommodate business and the development, but I can see stranding those people and maybe some other folks that we already have on that line relatively easily with the amount of construction and whatnot that's going on in this community and it might be just a short-term disruption, but it might be a matter of days and that doesn't seem a lot, to 24 or 48 or 50 people, that's a pretty big inconvenience. So, I'm -- I would like to be able to direct staff to sit down with your staff and see if we can't come with some temporary resolve to address this. I can understand why the ordinance is that way and I think it's a public safety issue and that's, essentially, what our charter is, is to assure public safety. I think that's our first and number one priority. But I think we also owe it to the developers, in particularly developers of these kinds of developments to sit down and see if we can't come up with some kind of a temporary solution. I don't know what that is. I would hate to make a decision tonight not knowing that there might something out there. But having said that I'm -- I'm hard pressed to say it's okay to put those people at risk. Turnbull: Madam Mayor, Commissioner Rountree, I appreciate that and, you know, our intent is not to put the city or the City Council in an uncomfortable situation. But the fact of the matter is you are a city and you provide services and you're going to have problems from time to time, just like we are a developer and we do developments and, you know, if we didn't want to handle any complaints we would just never do anything. That's the one way to make sure we never have a complaint. I'm not saying that those are comfortable and we don't want to make them anymore frequent than necessary, but there is a balance to be struck here and you have got to come up with some common sense parameters and you reference that this is an ordinance. The requirements of DEQ do not require to have two mainline connects to any development. They require two sources of ground water and you have that. De Weerd: You know, I referred to it as an ordinance, because it's -- the policy changed in 2009. So, that was an assumption on my part. Turnbull: Right. You can call it anything you want. It's -- De Weerd: We can and I think it's -- it's fair to say we are kind of caught sitting up here flat footed, because we -- this is not a situation that we were aware of or a conflict we were aware of and I think that this Council needs a little bit more information to understand what the risks are and, Council, I would suggest if Mr. Turnbull would like further consideration this be continued to a date certain, so we can get more information to better understand what the risks are and as has been suggested -- we just don't know. Meridian City Council September 3, 2013 Page 13 of 23 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Just to make a point with David. My point is not about conflict. My point is public safety and lives. If conflict -- if safety and conflict were an issue I wouldn't be here. De Weerd: No. And I get the phone calls. Rountree: It's about those odd instances where we make a decision or an exception and somebody gets injured or God forbid gets killed in a situation like this and I agree with your odds, it's probably infinitesimal, but, unfortunately, it just seems to really happen to us too frequently and not only that, we get drawn in from a liability standpoint on way too many of these things and that's another aspect that the public has to bear. So, again, it's not a conflict issue, I just preface it -- it's a public safety issue, but it's also an issue that we have got to figure out, you know, how do we work through this, how can we work together and make this happen. Turnbull: Madam Mayor, Commissioner Rountree, I appreciate that and I didn't mean to imply that -- I didn't mean to imply that, so I apologize if I did. I will say this: I do know that it's technical in nature and if you don't have the capabilities to grapple with here -- Rountree: You don't want us to design anything either. Turnbull: I thought you liked to design things. But we are also under some weather constraints and we need to move this forward. You know, all I'm suggesting is that we can work this out -- we probably could have worked it out a long time ago if we had any notice that this was the policy. I'm suggesting that the policy is -- is not what it's -- it does not restrict us. We are not going against DEQ policy. Okay? Meridian city may have adopted some informal policy that I'm not aware of and I don't know where it came from. I doubt it's in an ordinance. If it is I wish we would have been apprised of it. That's part of my point of being here tonight, because there are some things that come down the -- that we have never heard of. Madam Mayor, you're familiar with the streetlight issue that we grappled with a few months ago and it seems to be resolved now. I mean it's back to a practice that we can all live with. But when you implement a policy or a practice that hasn't been vetted through the stakeholders that are affected by it, these are the kind of issues we come up with and I don't want to take all your time here. It's -- maybe you could craft a solution where we could go back and look at this. just don't see the sense of taking a 42 lot subdivision and saying, yeah, you can build that, but you can only do 24 permits and, you know, if you can't get the second connection the other 18 lots are going to sit there vacant for -- until you do. That doesn't seem like sound public policy to me either. It's something that I would like to avoid. So, I would appreciate you at least adopting a motion that allows for this to be worked with staff and anyone else that wants to be involved and we need to bring it back at a future Meridian City Council September 3, 2013 Page 14 of 23 time for any other action we can, but we, obviously, need to get going on construction if we are going to beat the winter weather and so we'd appreciate your motion tonight. De Weerd: Council, any questions for Mr. Turnbull? Thank you. Radek: Madam Mayor? De Weerd: Kyle. Radek: Madam Mayor, I do have I guess one final comment, which is that the City of Meridian is not alone in the interpretation of this -- not necessarily this state code -- when we first started looking at this issue we happened to have a consultant that had been looking at the same issue for some jurisdictions in Oregon, which is where they do most of their work, and they sampled about a dozen utilities similar size and found that about half of the utilities did have a policy like this and the numbers of how many connections have ranged from 20 to 200. De Weerd: That made it clear as mud. Thank you, Kyle. Rountree: Got a lot of flexibility. Bird: Yeah. Hoaglun: Madam Mayor, just to kind of continue discussion and see where we go with this, I need to have something in writing before me to -- so, I can digest what's been talked about and what the DEQ requirements are versus what the city policy is, how those are different and, Kyle, you just brought up something that there is a wide range in Oregon, from 20 to 200 -- that's pretty big. So, I'm interested in continuing this to -- I don't know if we can do it next week. I mean, Mr. Turnbull -- you know, time is money in their world and very much so. But it's kind of -- I'm looking -- thinking of a two prong approach. Number one, getting that information to us to discuss at the next Council meeting, but at the same time sitting down with the Brighton folks and seeing is there an alternative solution that works for that development in a time frame that -- you know, we work very hard, the Mayor and Council, to find a yes answer to things and -- and we are successful most of the time, because staff does a great job in really trying to find solutions. So, sometimes they are hard, too, but I think if -- I don't know if you can do it in a week, but something to shoot for, come back next week and say, okay, here it is and if you can't reach agreement and, then, we have that information we can go through it, it should be in our Council packets, I hope, so we have time to read it over the weekend and, then, I would feel more comfortable about making a decision at the next meeting and hopefully something happens. Rountree: Is that a motion? Hoaglun: That is a motion, that we continue FP 13-035 to next week -- Meridian City Council September 3, 2013 Page 15 of 23 Holman: Madam Mayor? Hoaglun: -- which is a Council workshop; correct? Holman: Madam Mayor, Members of the Council, it is a workshop next week, but we were set to schedule a joint meeting with P&Z that starts at 5:00. The workshop starting 3:00 and a joint meeting at 5:00 regarding the Eastern Treasure Valley electric plan. So, I just wanted to make sure you knew that when you continue this. De Weerd: Well, that may be slightly delayed in its beginning, so -- Bird: Madam Mayor? De Weerd: Did you have a second? Hoaglun: I hadn't finished my motion. Rountree: He hadn't finished his motion. Hoagun: I move that we continue FP 13-035 to September 10th to the workshop session, 3:00 p.m. session, and that staff be directed to provide Council with all pertinent information regarding DEQ regulations and city policy and that they further be directed to work with the Brighton Corporation in seeing if there was an alternative that can be worked out to satisfy city requirement and report back at the next meeting as well next week. Rountree: Second. De Weerd: Okay. I have a motion and a second to -- Mr. Zaremba: Madam Mayor? De Weerd: Mr. Bird. Bird: Madam Mayor, councilmen, I -- I would be in favor of -- of passing this with a limit of 24 building permits and, then, give them a couple of weeks to work this out and not bring it -- not putting it on a timeline to get all this stuff gathered up and stuff. I would -- I would be in favor of passing up to 24, which is a single -- the -- is where the limit stops and that will let Brighton get started on their project and time is essential to developers, especially this time of year. So, that would be my preference over delaying it like it said. De Weerd: Mr. Zaremba. Zaremba: Actually, I was going to approach a slightly different subject that's part of this, but I tend to agree with Mr. Bird, they can get started and it's already written for 24 limit. We could pass that tonight and, then, the continued discussion, whether it's next week Meridian City Council September 3, 2013 Page 16 of 23 or the week after, would enable them to go farther, but at least they would know that it's on the books and they can get it started. I would be comfortable with that. The other thing that I was going to bring up, which has also been mentioned -- I know we do a lot of communication with the Building Contractors Association -- De Weerd: Mr. Zaremba, can we just keep it to the motion on the table and, then, we will -- Zaremba: I will save that comment. De Weerd: -- go on your side road. Okay. Zaremba: I will save that comment. De Weerd: Anything further? Okay. Rountree: So, is there a substitute motion or are we voting on the motion? Hoaglun: Madam Mayor, I'm quickly doing -- rethinking the motion. Let me do this. Let me withdraw my motion. De Weerd: Does second agree? Rountree: Yes, second agrees. De Weerd: Okay. Hoaglun: And let me try it again based on the information -- that we approve FP 13- 035, with the 24 building limit as per city policy, but also that staff be directed to provide City Council with the DEQ requirements and city policy and all pertinent information required -- or that involves that, including Oak Creek conditions that have been done in the past. That's something new, Kyle. And that staff still meet with Brighton during that week to see if there are other alternatives that would allow full development of that -- of that phase one, even with approval of the -- if we approve the 24 building lots. Zaremba: I would second that and I do have a comment that is on the subject. De Weerd: Okay. Zaremba: I would suggest that even though we are going to vote on it tonight, the subject of the continuing subject -- and I would not charge the applicant an additional fee -- the fee that's been charged should wrap up the -- Bird: Covers it. Meridian City Council September 3, 2013 Page 17 of 23 Zaremba: -- the total solution to this, even if it's only a partial solution tonight and we continue discussing it. Does that make sense? Bird: Yeah. De Weerd: Only if it makes sense to Mr. Nary. I know what you're saying, but -- Zaremba: It should not be a separate application to extend this beyond the 24 if we are going to discussion that further. De Weerd: Okay. Bird: Motion agrees. De Weerd: Any further discussion? Okay. The motion is to approve Item 7-A with the -- the additional comments as provided by Mr. Hoaglun and second by Mr. Zaremba. 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. Economic Development Department: Strategic Plan Update De Weerd: Okay. Item 8-A was requested to be continued to September 24th. It does not require a motion. B. Solid Waste Advisory Commission: Republic Services Annual Rate Adjustment for Solid Waste Collection Services De Weerd: Item 8-B is a report from our Solid Waste Advisory Commission and, Mr. Cory, are you going to lead this? Thank you. Welcome. Cory: Thank you, Madam Mayor, Members of the City Council. My name is Steve Cory, I'm your chairman of the Solid Waste Advisory Commission and at our last regular meeting we had Republic Services present to us their review of their cost of living increase and other aspects of their franchise rate structure. The commission went ahead and asked questions and felt comfortable with what was presented and voted to recommend to you that the rate structure proposed for FY -2014 be approved and because of the detailed nature of that I'd like to go ahead and call forward Rodney Remling of Republic Services to go ahead and discuss the details of that presentation. Meridian City Council September 3, 2013 Page 18 of 23 De Weerd: Thank you, Steve. Okay. Remling: Thank you, Madam Mayor and Members of the Council. My name is Rodney Remling, I'm the division controller for Republic Services, and we thank you for the opportunity to serve you. The contract calls for annual consumer price index adjustment to the pricing and it's allowed 90 percent of that change in CPI and for 2014 that's a change of 1.36 percent and that's applied to all costs, except for disposal -- the disposal is a path through from the customer to the landfill. That's an increase of 16 cents per residential household and the rest of the rates are detailed in Attachment A and we will get to that in just a moment. But as I move through the document and just kind of hit the high points, there is a rate restructure on the bio solid service and that is due to the nature of the assets employed for that service. In the past those services were dedicated wholly to the City of Meridian and so the cost of those were a part of that reimbursement. We have developed that market into some other cities and so we can pass on a savings to the City of Meridian and so far this year we have -- the City of Meridian has saved about 2,500 dollars so far this year. The annual anticipated savings is about 6,000 dollars, so -- because the overall rate has gone down to through rent -- rent reduction and, then, elimination as a rolling it into the regular service. Excuse me. We have three new rates and they are all commercial rates. The first two are at the -- at the request of customers. There is a need to pressure wash certain industrial containers and so at a customer's request we might offer that. There is a relocation of industrial containers. When -- on a large site a customer might want a box moved to multiple places. Each time we are called to move that box we need to charge a fee for that and so that's a recommended new rate and, then, we had a third rate, which is a missing rate for an additional dump of a container. There was no rate for an additional dump of a two yard, but there is for all the other sizes and so we have added that and, then, there is the standardization of the rate structure. What we did was we worked extensively with city staff to clarify the rate structure and to add clarity and transparency into it, so that city staff can better answer customer questions when they call and, then, it's just a much easier explanation, customers feel better when know exactly what they are paying for. So, when we get to Schedule A -- and we will just kind of overview that quickly. You will see quite a bit of red on there and normally that -- that indicates changes and also new rates. In this case it's mostly just clarification, where we have broken rates into multiple lines where in the past it would have been a single line with a larger number without a lot of clarity of what that number is, we have really broken it down. So, you see a lot of red. It's not a lot of new stuff, it's just really breaking it down for clarity and transparency. And, then, the last item here in the memo is a reestablishment of a Sunday service rate. I would point out that the contract with Republic Services and the City of Meridian limits our service from Monday through Saturday during these certain hours. This Sunday rate existed when we -- when Republic Service acquired SSC and it was actually being billed by the billing department of the City of Meridian, but when we went before the Council last year and asked for a rate adjustment, that was not in the -- was not listed and nor had it been listed before and as we reviewed the rates of the billing department they properly stopped billing that, because it was not an approved rate. There is a significant additional cost to providing that service on Sunday. It's not something that due to restrictions and that property that Meridian City Council September 3, 2013 Page 19 of 23 can be done in a six day service and so we are asking that the Council reestablish the Sunday service on the single type of container, it's an eight yard container, and it provides for the public safety and health concerns and just a service to the City of Meridian. So, that's the highlights from the memo and the first landscape document here is just a breakdown of the pricing and it looks very different from last year as I said. There is a lot of red on here. It's just breaking the rates out. So, with that that's my proposal and Republic Service's proposal and I'd ask if there are questions. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Mr. Zaremba. Zaremba: Madam Mayor, this may be a question for Mr. Nary. On the mass on any of the rates that might be going up is below the threshold that would require a public hearing I think. But anything that we establish new does that mean we have to hold a public hearing to -- to add that? Nary: Madam Mayor, Members of the Council, Council Member Zaremba, yes. I mean new rates has to be established through the public hearing process. Any rates that don't exceed five percent don't need to be done through a public hearing. De Weerd: Okay. Any other questions for Rodney? Bird: I have none. Rountree: I have none. De Weerd: No? Rountree: I was with SWAC as we were -- as they reviewed it and they asked some pretty in-depth questions and got good answers and I think your presentation reflected some of those answers, so I appreciate that. And SWAC was supportive of the rate increases and the additions and the clarification, so -- and, again, the rate increase is consistent with the contract document, which is keyed to the CPI. So, Madam Mayor, I don't know what -- is the motion to move this forward to, one, a public hearing and, two, an ordinance modification? Nary: Yes. Rountree: I will so move. Bird: Second. Meridian City Council September 3, 2013 Page 20 of 23 De Weerd: I have a motion and a second. Mr. Nary, what would be the time frame on this? Nary: Madam Mayor, Members of the Council, the advertising and -- takes two weeks, so it will probably be three weeks, then, we will have it back for the new rates prior to October. The change in the rate structure I think -- I think it's October 1 when the rates change. So, that -- that will also be done through -- I think we actually do it through resolution on the contract. But we will bring that on so it will get done before October. De Weerd: On September 24th? Nary: Yes. De Weerd: Okay. Thank you for being here with us tonight Remling: Thank you. De Weerd: So, I have a motion and a second to move this forward and to have the attorney's office draw up the appropriate resolution, as well as set it through the city clerk for a public hearing and that would be set for September 24th. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 9: Ordinances A. Ordinance No. 13-1569: An Ordinance Amending Title 1, Chapter 8 regarding specific appointments by the Mayor to include Human Resources Director and Information Services Director and amending the Duties of the City Attorney and the Human Resources Director. De Weerd: Okay. Under Ordinance 9-A, Madam Clerk, will you, please, read Ordinance 13-1569 by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance 13-1569, an ordinance amending Title 1, Chapter 9, Section 1-A, specific appointments by Mayor by adding a human resources director position and an information services director position and amending Title 1, Chapter 8, Section 8C-2, duties of city attorney by removing human resources responsibility as set forth in 1 -8C -2J and amending Title 1, Chapter 8, by adding Article E, city human resources director in Section 1-8E-1 appointment, term of office, and 1-8E-2, duties and providing an effective date. De Weerd: Thank you, Madam Clerk. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Seeing none. Meridian City Council September 3, 2013 Page 21 of 23 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 9-A, Ordinance 13-1569 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 9-A. If there is no discussion, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Second Reading: Ordinance No. 13-1573: Adopting Idaho State Plumbing Code and Local Amendments; Adding Local Amendments to 2009 International Building Code Regarding Restrooms, Drinking Fountains, and Service Sinks in Business and Mercantile Occupancies De Weerd: Item 9-B is the second reading of Ordinance 13-1573. Madam Clerk, will you, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 13-1573, an ordinance repealing and replacing Meridian City Code Section 10-2-1, adopting the Idaho State Plumbing Code and local amendments thereto. Amending Meridian City Code Section 10-1-3, local amendments to the 2009 International Building Code and providing an effective date. De Weerd: That is the second reading. The third and last reading will be next week on the September 10th agenda. Item 10: Future Meeting Topics De Weerd: Okay. Item 10. Council, any Future Meeting Topics for consideration for future agendas? Bird: I have none. Rountree: I have none at this point. Meridian City Council September 3, 2013 Page 22 of 23 Item 11: Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To Consider and Advise Its Legal Representatives in Pending Litigation De Weerd: Okay. I will move to Item 11, Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(f). Rountree: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (7:19 p.m. to 9:11 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion to adjourn? Rountree: So moved. Bird: Second. De Weerd: All those in favor? All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:11 P.M. Meridian City Council September 3, 2013 Page 23 of 23 (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) YORITA(MMY DE WEERD I_1 q l R `1 / DATE APPROVED �O -XE AU�;Ls1` JAYC OLMAN, CITY City of �E1 D�tc.., a oowHo SEAL F � �T 6q rya op �br TRE 0.5UP Meridian City Council Meeting DATE: September 3, 2013 ITEM NUMBER: 5A PROJECT NUMBER: RZ 13-006 ITEM TITLE: Findings of Fact & Conclusions of Law for Approval: Fast Eddy's by Steve Eddy Located at 710, 730, 750, 770 & 790 W. Ustick Road Request: Rezone of a 5.52 Acres of Land from C -N to C -C Zoning District 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 Meridian City Council Meeting DATE: September 3, 2013 ITEM NUMBER: 5B PROJECT NUMBER: CUP 13-006 ITEM TITLE: Findings of Fact & Conclusions of Law for Approval: Fast Eddy's by Steve Eddy Located 710 W. Ustick Road Request: Conditional Use Permit Approval to Extend the Business Hours of Operation in the C -C District When a Property Abuts a Residential Use or District From 11:00 P.M. to 12:00 A.M. on Fridays and Saturdays in Accord With UDC 11 -2B -3A.4 MEETING NOTES ►• .i is ,I I, Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 3, 2013 ITEM NUMBER: 5C PROJECT NUMBER: AZ 13-006 ITEM TITLE: Findings of Fact & Conclusions of Law for Approval: Jack's Place Subdivision by Jack's and Jesse Place, LLC Located East Side of S. Meridian Road, Approximately 1/4 Mile North of E. Victory Road Request: Annexation of 5.34 Acres from RUT in Ada County to the L -O (Limited Office) (1.71 Acres) and R-8 (Medium -Density Residential) (3.63 Acres) Zoning Districts 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: September 3, 2013 ITEM NUMBER: 5D PROJECT NUMBER: PP 13-010 ITEM TITLE: Findings of Fact & Conclusions of Law for Approval: Jack's Place Subdivision by Jack's and Jesse Place, LLC Located East Side of S. Meridian Road, Approximately 114 Mile North of E. Victory Road Request: Preliminary Plat Approval Consisting of Three (3) Office Lots, Twenty (20) Residential Lots and Three (3) Common Lots on Approximately 4.52 Acres in the Proposed L -O and R-8 Zoning Districts MEETING NOTES DYED 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: September 3, 2013 ITEM NUMBER: 5E PROJECT NUMBER: FP 13-036 ITEM TITLE: Final Order of Approval: Oak Leaf Subdivision by Oak Leaf Development Company, Inc. Located North of Chinden Boulevard and Approximately a 1/4 Mile East of N. Black Cat Road Request: Final Plat Approval Consisting of Four (4) Single Family Lots and Three (3) Common Lots on Approximately 10.10 Acres in an R-2 and R-8 Zoning Districts 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: September 3, 2013 ITEM NUMBER: 5F PROJECT NUMBER: ITEM TITLE: License Agreement with NMID for Wastewater Treatment Plant Stream Sampling Stations Over Five Mile Creek 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 l E IDIAN�- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Ashley Newbry Staff Engineer I DATE: 20 August 2013 Mayor Tammy de Weerd City Council lilemberu Keith Bird Brad Hoaglun Charles Rountree Dauid Zoremba SUBJECT: LICENSE AGREEMENT WITH NAMPA & MERIDIAN IRRIGATION DISTRICT FOR W WTP STREAM SAMPLING STATIONS OVER FIVE MILE CREEK I. RECOMMENDED ACTION A. Move to: Approve the License Agreement with Nampa & Meridian Irrigation District to cover the placement of our existing upper stream sampling station and the reconstruction of our lower stream sampling station over Five Mile Creek at the W WTP. 2. Authorize the Mayor to sign the Agreement. H. DEPARTMENT CONTACT PERSONS Ashley Newbry, Staff Engineer I ........................... Clint Dolsby, Asst. City Engineer .......................... Warren Stewart, PW Engineering Manager.........:. Tom Barry, Director of Public Works .................... HI. DESCRIPTION ........................................................ 489 -0385 ........................................................ 489 -0341 ........................................................ 489 -0350 ........................................................ 4 89-03 72 A. Background The WWTP laboratory operations staff uses both the upper and lower stream sampling stations to collect water samples above and below the outfall. The upper sampling bridge covers the full cross-section of Five Mile Creek. The lower sampling station is insufficient for the anticipated NPDES permit sampling requirements. It extends from the north bank over approximately one-third of the Creek cross-section. This creates an inability to collect high-quality samples in a safe manner. Page 1 of 2 Though they are both within the Creek easement, neither of these sampling stations is currently covered by a license agreement between the City of Meridian and Nampa & Meridian Irrigation District. NOTE; This license agreement does not include or regulate the WWTP outfall to Five AWle Creek, which lies a few feet below the upper sampling bridge. The outfall is currently regulated by EPA. B. Proposed Project The City currently has funding for the design and replacement of the lower sampling station with a sampling bridge—similar to the upper sampling bridge. In order to commence with ftuther permitting and construction, a license agreement with Nampa & Meridian Irrigation District for these stream sampling stations will be necessary. IV. IMPACT A. Strategicdmpact By replacing the lower sampling station With a sampling bridge, 'WWTP laboratory operations will be able to safely sample the full cross-section of Five Mile Creek, in accordance with new NPDES permit requirements, Approval of the attached License Agreement is the nest step toward construction. B. Fiscallmpact There is a small fee for Nampa Meridian Irrigation District's attorney to draft the license agreement. V. ALTERNATIVES A. The City Could elect not to sign the license agreement which would delay the project and the stream sampling station reconstruction. VI. LIST OF ATTACIIMENTS A. The attached License Agreement is a requirement of Nampa &,Meridian Irrigation District to perform construction activities within their casement of the Five Mile Creek. Approved for, Council Agenda: l'age 2 of 2 Z I ate AGREEMENT This AGREEMENT, is made and entered into this _ day of , 2013, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, hereinafter referred to as the "District", and CITY OF MERIDIAN, 33 East Broadway, Meridian, Idaho 83642 hereinafter referred to as the "City", WITNESSETH: WHEREAS, the District owns the irrigation ditch known as the FIVE MILE DRAIN, an integral part of the irrigation and drainage works and system of the District, together with the easement therefor to convey irrigation and drainage water, to operate, clean, maintain, and repair the Five Mile Drain, and to access the Five Mile Drain for those purposes; and, WHEREAS, the District operates, cleans, maintains, repairs and protects the Five Mile Drain for the benefit of District's landowners; and, WHEREAS, the City owns the real property, particularly described in the deed and/or "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the Five Mile Drain crosses and intersects the City's real property described in Exhibit A as shown on Exhibit B, attached hereto and by this reference made a part hereof; and, WHEREAS, the City desires permission to construct a sampling station and monitoring bridge and to approve a previously installed sampling station and bridge across the Five Mile Drain and within the District's easement under the terms and conditions of this Agreement, within the City of Meridian, Ada County, Idaho; and NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: A. Scope of Agreement 1. The City shall have the right to construct and maintain sampling stations and bridges at two separate locations across the Five Mile Drain and/or encroach upon the District's easement for the Five Mile Drain in the manner described In the "Purpose of Agreement" attached hereto as Exhibit C and by this reference made a part hereof, AGREF.,MENT - Page 1 2. Anycrossingencroachment upon or modification of the Five Mile Drain and/or the District's t easement shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference mado a part hereof. Any difference or discrepancy between the items listed in Exhibit C, "Purpose of Agreement," and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. The City shall only be permitted to cross, encroach upon or modify the Five Mile Drain and/or the District's easement as described in Exhibit C even if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. Each installed facility shall be subject the conditions of this Agreement and the City shall have access to repair, maintain, or replace said facilities as needed. 3. This Agreement pertains only to the City's encroachment upon the Five Mile Drain and/or the District's easement for the purposes and in the manner described herein. The City shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easement, nor perform any construction or activity within the District's easement for the Five Mile Drain except as referred to in this Agreement without the prior written consent of the District. 4. The City recognizes and acknowledges that the permission granted by this Agreement pertains only to the rights of the District as owner of an easement, The District has no right or power to create rights in the City affecting the holder of title to the property subject to the District's easement. Any such rights affecting foo title must be acquired by the City from the holder of title to the property. Should the City fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, the City shall indemnify, hold harmless, and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this Agreement shall be of no force and effect. C. Facility Construction, Operation, Maintenance and Repair 1. The City agrees tbattlne work performed and the materials used in any construction permitted by this Agreement shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of the such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld, 2. Each facility ("facility" as used in this Agreement means any object or thing installed bythe City on, over or in the vicinity of the District's easement) shall be constructed, installed, operated, maintained, and repaired at all times by the City at the cost and expense of the City. 3. The City agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation or drainage water in the Five Mile Drain or the District's delivery of irrigation water; C. an increase in seepage or any other increase In the loss of water from the ditch; d, the subsidence of soil within or adjacent to the easement; e. an interference with the District's use of its easement to access, operate, clean, maintain, and repair the Five Mile Drain; f. any other damage to the District's easement and irrigation or drainage works. 4. The City agrees to indemnity, hold harmless, and defend the District from all claims for damages arising out of any of the City's construction or activity which constitutes or causes any of the AGREEMENT - Page 2 (-" circumstances enumerated in the preceding paragraph, 3.a. through 3.f., or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 5. The City shall, upon demand of the District, remove any facility or repair any alteration of the District's easement which interferes with the District's operation and maintenance of the Five Mile Drain, or causes or contributes to any ofthe circumstances enumerated in the preceding paragraph, 3.a. through 3.t' The District shall give reasonable notice to the City, and shall allow the City a reasonable period of time to perform such maintenance, repair, and other work, except that in cases of emergency the District shall attempt to give such notice as is reasonable under the circumstances. The City shall respond within 24 hours to begin repair or remediate any interference with the District's operation and maintenance of the Five Mile Drain. The District reserves the right to perform any and all work which the City fails or refuses to perform within a reasonable period of time after demand by the District. All work performed shall be performed in manner required by Idaho law, including but not limited to the use of licensed public works contractors and engineers and the performance standards as required by law and ordinance. The City agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. Nothing in this paragraph shall create or support any claim of any kind by the City or any third party against the District for failure to excrcisethe options stated in this paragraph, and the City shall indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph, except for claims arising from any work which unreasonably exposes the District's employees and agents to the risk of harm from electric power lines, or arising solely out of the negligence or fault of the District. D, District's Rights Are Paramount 1. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation or drainage works and system of the District by this Agreement, nor to grant any rights in its irrigation or drainage works and system incompatible with the uses to which such irrigation or drainage works and system are devoted mrd dedicated and that this Agreement shall be at all times construed according to such principles. 2. Nothing heroin contained shall be construed to impair the Five Mile Drain or the District's easement, and all construction and use of the District's easement by the City and the permission herein provided therefor shall remain inferior and subservient to the rights of the District to the use ofthe Five Mile Drain for the transmission and delivery of irrigation water or transmission of drainage water. 3. The City agrees that the District shall not be liable for any damages which shall occur to any facility in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of the Five Mile Drain. 4. In the event of the failure, refusal or neglect of the City to comply with all of the terms and conditions of this Agreement, the permission granted to the City under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over the ditch, and the right of way therefor, which may unreasonably and materially interfere with the maintenance and operation ofsuch Five Mile Derain by the District with its equipment for the maintenance of the Five Mile Drain shall be promptly removed by the upon demand of the District. E. Applicable Law and Jurisdiction Unaffected. Neither the terms of this Agreement, the permission granted by the District to the City, the AGREEMENT - Page 3 City's activity which is the subject of this Agreement, nor the parties exercise of any rights or performance of any obligations of this Agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this Agreement. 2. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this Agreement or the City's activity authorized hereunder, City shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction and the City shall cease the activity and remove the facility which subjects the District to such requirements. F. Indemnification and Hold Harmless 1, in addition to all other indemnification provisions herein, City further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of City or its agents, contractors or subcontractors in performing the construction and activities authorized by this Agreement. G. Fees and Costs I. The City agrees to pay to the District fees and costs incurred by the District for work necessary to prepare this Agreement. The amount shall not exceed $500.00 without the additional consent of the City, 2. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this Agreement, whether by institution of suit or not the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. H. Miscellaneous 1. No Claims Created. Nothing in this Agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the City or any third party against the District. 2. Assimment. Neither this Agreement nor any agreement entered pursuant to this Agreement may be assigned or transferred without the prior written approval of the Parties, which approval shall not be unreasonably withheld. 3. Amendment and Modification. Any amendment or modification of this Agreement must be in writing and signed by all parties to be enforceable. 4. Interpretation. This Agreementshall be interpreted and enforced in accordance with the laws of the State of Idaho. This Agreement is not intended for the benefit of any third party and is not enforceable by any third party. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this Agreement shall remain in full force and effect. The parties represent and warrant to each other that they each have authority to enter this Agreement. The catch lines or section headings herein set forth are provided only for the convenience of the AGREEMENT - Page 4 parties in locating various provisions of this Agreement, and are not intended to be aids in interpretation of any provision of this Agreement with respect to which the parties might disagree at some future time, and shall not be considered in any way in interpreting or construing any provision of the Agreement. 5. Binding Effeat. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, the easement(s) of the City described herein, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. 6. Notices. Any and all notices, demands, consents and approvals required pursuant to this Agreement shall be delivered to the parties as follows: Nampa & Meridian Irrigation District City of Meridian 5525 Best Greenhurst 33 E. Broadway Nampa, ID 83686 Meridian, Idaho 83642 Notices shall be deemed to have been delivered upon hand deposit in the United States mail as provided above. 7. Counterparts, This Agreement maybe executed and delivered in counterparts, each of which shall be deemed to be an original and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the District has hereunto caused its name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the City has caused its corporate name to be subscribed by its duly authorized officer, all as of the day and year herein first above written. NAMPA & MERIDIAN IRRIGATION DISTRICT ATTEST: Its Secretary City of SEAL rPrylep 1T ile TRF AS�R'�,O AGREEMENT - Page 5 President OF MERIDIAN ATTEST: _�—W_ W �-,V =10 STATE OF IDAHO ) ss: County of Canyon ) On this — day of , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Graham Paterson and Daren Coon, known to me to be the President and Secretary, respectively, ofNAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district 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. Notary Public for Idaho Residing at Idaho My Commission Expires: STATE OF IDAHO ss. County of Ada ) 2rc On this J dayof �v W 2013, before me, the undersigned, a notary public in and for said state, personally appeare - AA,—I and known to me to be the M D iz— and C%' C A&4Z L- of the CITY OF MERIDIAN, the entity that executed the foregoing instrument, and adknowledged to me that such entity executed the same, IN WITNESS WH EREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. N6zz'k� 19,fo Residing atiJ My Commission Expires:74 3T4 ff AGREEMENT - Page 6 ATTEST: Its City Clerk STATE OF IDAHO ) ss; County of Canyon ) On this day of 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Graham Paterson and Daren Coon, known to me to be the President and Secretary, respectively, ofNAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district 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. Notary Public for Idaho Residing at , Idaho My Commission Expires: STATE OF IDAHO ) ss. County of Ada ) On this day of 2013, before me, the undersigned, a notary pub lic in and for said state, personally appeared and known to me to be the and of the CITY OF MERIDIAN, the entity that executed the foregoing instrument, and acknowledged to me that such entity 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. Notary Public for Residing at , My Commission Expires: AGREEMENT - Page 6 u 7527I6 78 WARRANTY DEED FOR VALUE RECEIVED, HEBER J. SPENCER, a widower, the Grantor, does hereby grant, bargain, sell and convey unto the CITY OF MERIDIAN, a municipal corporation, 728 Meridian Street, Meridian, Idaho 83642, the Grantee, the following described premises, to -wit: A parcel of land lying in the SE 1/4 of Section 34, T. 4N., R. 1W., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at the Southeast corner of the said SE 1/4 of Sec. 341 thence North 0053114" East 1,107.89 feet along the Easterly boundary of the said SE 1/4 of Section 34, which is also the centerline of Ten Mile Road, to a point on the centerline of Fivemile Creek, also said point being the REAL POINT OF BEGINNING; thence continuing North 0053114" East 100.88 feet along the said Easterly boundary of the SE 1/4 of Section 34 to a point on the centerline of Creason Lateral; thence North 48°43120" West 199.25 feet along the said centerline of Creason Lateral to a point of curve; thence Northwesterly along the said centerline of Creaaon Lateral along a curve to the left 57.46 feet, said curve having a central angle of 10147140", a radius of 305.00 feet, tangents of 28.82 feet, and a long chord of 57.38 feet bearing North 54°07' 10" West to a point of tangent; thence North 59131'00" West 41.06 feet along the said centerline of Cresson Lateral to a point of curve; thence Northwesterly along the said centerline of Creason Lateral along a curve to the left 167.00 feet, said curve having a central angle of 31010100", a radius of 307.00 feet, tangents of 85.62 feet and a long chord of 164.94 feet bearing North 750 06'00" West to a point or reverse curve; thence continuing North- westerly along the said centerline of Creason Lateral along a curve to the right 107.40 feet, said curve having a central angle of 10°08'00", a radius of 607.25 feet, tangents of 53.84 feet and a long chord of 107.26 feet bearing North 85037'00" West to a point of tangent; thence North 80°33100" West 141.23 feet along the said centerline of Creason Lateral to a point of curve; thence Northwesterly along the said centerline of Creason Lateral along a curve to the right 39.74 feet, said curve having a central angle of 3403010011, a radius of 66.00 feet, tangents of 20.49 feet and a long chord of 39.14 feet bearing North 63918'00" West to a point of tangent; thence North 46003'00" West 96.38 feet along the said oenterline of Creason Lateral to a point of curve; thence North- westerly along the said centerline of Creason Lateral along a curve to the left 57.08 feet, said curve having a central angle of 19028100", a radius of 168.00 feet, tangents of 28.82 feet and a long chord of 56.81 feet bearing North 55147100" West to a point of tangent; thence North 65°31100" West 115.81 feet along the said centerline of Creason Lateral to a point of curve; thence Northwesterly along the said centerline of Creason Lateral along Exhibit A, page 1 Northwesterly along the said centerline of Creason Lateral along a curve to the left 70.57 feet, said curve having a central angle of 1504410011, a radius of 257.00 feet, tangents of 35.51 feet and a long chord of 70.35 feet bearing North 59°02100" West to a point of tangent; thence North 66°54100" West 146.38 feet along the said centerline of Creason Lateral to a point of curve; thence Northwesterly along the said centerline of Creason Lateral along a curve to the right 34.62 feet, said curve having a central angle of 21006'0011, a radius of 94.00 fest, tangents of 11.51 feet and a long chord of 34.42 feet bearing North'56°21'00" West to a point of tangentr thence North 45°48100" West 125.65 feet along the said centerline of Creason Lateral to a point of curve; thence North- westerly along the said centerline of Creason Lateral along.a curve to the right 114.76 feet, said curve having a central angle of 37018100", a radius of 176.28 feet, tangents of 59.50 feet and a long chord of 112.74 feet bearing North'27009'00" West to a point of reverse curve; thence Northwesterly along the said centerline of Creason Lateral along a curve to the left 145.77 feet, said curve having a central angle of 46°24'00", a radius of 180.00 feet, tangents of 77.15 feet and a long chord of 141.82 feet bearing North 31042100" West to a point of tangent; thence North 54054100" west 98.65 feet along the said center- line of Creason Lateral to a point of curve; thence Northwesterly along the said centerline of Creason Lateral along a curve to the right 31.65 feet, said curve having a central angle of 11120100", a radius of 160.00 feet, tangents of 15.88 feet and a long chord of 31.60 feet bearing North 49014100" West to a point of tangent; thence North 43034100" West 154.36 feet along the said centerline of Creason Lateral to a point of curve; thence Northwesterly along the said centerline of Creason Lateral along a curve to the left 143.46 feet, said curve having a central angle of 14036'00", a radius of 563.00 feet, tangents of 72.12 feet and a long chord of 143.07 -feet bearing North 50652'00" West to a point of tangent; thence North.58°10100" West 138.17 feet along the said oenterline of Creason Lateral to a point of curve; thence Northwesterly along the said centerline of Creason Lateral along a curve to the right 28.43 feet, said curve having a central angle of 40°43100", a radius of 40.00 feet, tangents of 14.84 feet and a long chord of 27.83 feet bearing North'37048'30" West to a point of tangent; thence North 17027100" West 137.18 feet along the said centerline of Creason Lateral to a point on the Northerly boundary of the said SE 1/4 of Section 34; thence North 89916'09" West 650.10 feet along the said Northerly boundary of the SE 1/4 of Section 34 to a point marking the Northwest corner of the said SE 1/4 of Section 34; thence South 0°46149" West 1,347.70 feet along the Westerly boundary of the said SE 1/4 of Section 34 to a point on the said centerline of Fivemile Creek; thence South 89004120" East 433.18 feet along the said centerline of Fivemile Creek to a point of curve; thence Southeasterly along the said centerline of Fivemile Creek along a curve to the right 98,64 feet, said curve having a central angle of 1604612011, a radius of 337.00 feet, tangents of 49.68 feet, and a long chord of. 98.30 feet bearing South 80941'10" East to a point of tangent; thence South 72018' 00" East 182.16 feet along the said centerline of Fivemile Creek to a point ofcurve; thence Southeasterly along the said center- . . - ♦ • Y_ lL_ 1_64 ii' an 4:__, ..4A Exhibit A, page 2 curve having a central angle of 24050150", a radiva of 229.00 feet, tangents of 50.45 feet, and a long chord of 98.53 feet bear- ing North 80°35125" East to a point of tangents thence North 68010'00" East 147.95 feet along the said centerline of Fivemile Creek to a point of curvet thence Northeasterly along the said centerline of Fivemile Creek along a curve to the right 53.16 feet, said curve having a central angle of 21018100", a radius of 143.00 feet, tangents bf 26.89 feet,, and a long chord of 52.86 feet bearing North 79049100" East to a point of tangents thence North 89028100" East 360.49 feet along the said centerline of Fivemile Creek to a point of curve; thence Southeasterly along the said centerline -of Fivemile Creek along a curve to the right 42.03 feet, said curve having a central angle of 37003100", a radius of 65.00 feet, tangents of 21.78 feet, and a long chord of 41.30 feet bearing south 72900130" East to a point of tangent; thence South 53°29'00" East 243.60 feet along the said Centerline of Fivemile Creek to the point of beginning. Together with all water, water rights, ditches and ditch rights of way appurtenant thereto or connected therewith. This conveyance includes all oil, gas and mineral rights and all of the Grantor's right, title and interest under that Lease dated August 20, 1973 between H, J, Spencer and Standard Oil Company of California, recorded under recorder's fee no. 868393, records of Ada county, Idaho. T.0 HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, its successors and assigns forever. And the said"Grantor.�ddes hereby covenant to and with the said Grantee, that he is the owner in fee simple of said premises; that said premises are free from all encumbrances, and that he will warrant and defend the same from all lawful claims whatsoever. DATED September / > , 1975. Exhibit A, page 3 k ,• ', �. T4 '• asr+� [.�Yvx �'. a. yea I M1b�l d� ~h 1 14411 Didiflm'sEl/4 S,34� $ In f s TANI� UW,, lll� Ado CouOT Idaho ry x v5 � 1 EXHIBIT C Purpose of Apreement The purpose of this Agreement is to permit the City to construct, operate, and maintain; I. a lower sampling'station, including a removable bridge deck structure and footings across the Five Mile Drain and within the District's easement; and 2. an upper sampling station, including pre-existing removable deck sampling bridge across a pre-existing flume across the Five Mile Drain and within the District's easement, all within Licensee's real property, City of Meridian Waste Water Treatment Plant, located northwest of the intersection of Ustick Road and Ten Mile Road in Meridian, Ada County, Idaho. EXHIBIT D Special Conditions a. The construction described in Exhibit C shall be in performed in accordance with Exhibit D-1, attached hereto and by this reference incorporated herein. b. Licensee shall notify the District prior to and immediately after construction so that he or the District's engineer's may Inspect and approve the construction. c. The City represents that City has complied with all federal, state or other laws, rules, regulations, directives or other requirements in any form regarding environmental matters, and specifically those relating to pollution control and water quality, as may be applicable under the subject matter, terms or performance of this agreement broadly construed. The City recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented or imposed in the future. By executing this agreement the District assumes no responsibility or liability for any impact upon or degradation of water quality or the environment resulting from the discharge or other activity by the City which is the subject of this agreement. d. The City hereby indemnifies, holds harmless and shall defend the District from any and all penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity, public or private, with respect to environmental matters relating to the subject matter, terms or performance of this agreement unless the District shall be solely responsible for the condition or activity which gives rise to any such penalty, sanction, directive, claim, action or requirement. e. In the event the District is required by any governmental authority to acquire or comply with any permit or other operational requirements associated with the City's discharge and other activity which is the subject of this agreement, the City shall indemnify, hold harmless and defend the District from all costs and liabilities associated with such permit and other requirements, including but not limited to all costs associated with all permit acquisition, construction, monitoring, treatment, administrative, filing and other requirements. f The parties to this agreement recognize that this agreement is an accommodation to the City. The District by this agreement does not assume, create, or exercise legal or other authority, either express or implied, to regulate control, or prohibit the discharge or contribution of pollutants or contaminants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination, Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. t. AGREEMENT - Page 7 ! g. Construction of the sampling stations within the District's easement shall be completed one year from the date of this agreement. Time is of the essence. AGREEMENT - Page 8 Ex2&tns m#, .. . :. ........ I§I [ )� !< ....... , �U �| > _ , , , \ •#< . .. .. ..... 041 §be� _ - .§� , , .... .. _ % Li , � �f| � ! JF , § \ / # ,� |•��. �`! z §tL% - ! E y ) 2 % m 0 | , Ex2&tns m#, 6.t Exhibit D-1, page 2 I 11 In Exhibit D-1, page 3 l Meridian City Council Meeting DATE: September 3, 2013 ITEM NUMBER: 5G PROJECT NUMBER: ITEM TITLE: Agreement for Independent Contractor Services with Cascade Pipeline Corporation for Site 12A Sewer Replacement Project Construction, for a Not -To -Exceed Amount of $51,830.00 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 City of Meridian Purchasing Dept. Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Ashley Newbry Date: 8/28/13 Re: September 3 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the September 3 City Council Consent Agenda for Council's consideration. nvvalu ui oiu anu aoprovai or contract for "Elm Street Sewer Main Cascade Pipeline Corporation for the Not -To -Exceed amount of $ contract is the result Bid # PW -13-102348. Recommended Council Action: Award of bid and approval of contract to Cascade Pipeline Corporation for the Not -To -Exceed amount of $51,830.00. Thank you for your consideration. • Page 1 CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST Date: 7/25/2013 REQUESTING DEPARTMENT Public Works d: 60 Department: 3590 Construction: x Project Name: GL Account: 95000 PSA: Elm Street Sewer Main - Construction Project # Task order: 10234c Project Manager: Ashley Newbry Department Representative: Contractor/Consultant/Design Engineer: CASCADE PIPELINE/ CMI Survey Budget Available (Attach Report): Yes Contract Amount: $51,830.00 Will the project cross fiscal years? Yes u No x E-Bullderlicense Yes: N/A No: Budget Information: FY Budget: FY13 Enhancement#: Grant#: Other. Typeur Grant . , ..� cr�►�rRAcr,�H.�cICt+�s7 -: BASIS OF AWARD Low Bidder x Highest Rated Master Agreement ( Bid Results Attached) Yes (Ratings Attached) (Category) \typical Award Yes X No If no please state circumstances and conclusion: 10 Day Wafting Period Complete: August 22, 2013 PW License If C -13771 -AAA -1-2 Current? (attach print out) Corporation Status (Attach Print out): Goodstanding Insurance Certificates Received (Date): August 26, 2013 Payment and Performance Bonds Received (Date): Builders Risk Ins. Req'd: Yes No X Date Award Posted: Yes Rating: Correct Category? A+ August 26,2013 Rating: A If yes, has policy been purchased? z` '•Ibmltted to Clerk for Agenda: August 28, 2013 Approved by Council sS� _ lurchase Order No. Date Issued: ssue Notice of Award: Date: IDIAt.,�-- Public Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM; Ashley Newbry, E.I.T. Staff Engineer DATE: August 13, 2013 Mayor Tammy de Weerd C@y Coundl Membegr Kelth Bird Brad Hoaglun Charles Rountree David Zoremba SUBJECT: AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES WITH CASCADE PIPELINE CORPORATION FOR SITE 12A SEWER REPLACEMENT PROJECT CONSTRUCTION, FOR A NOT -TO - EXCEED AMOUNT OF $51,830.00. I. RECOMMENDED ACTION A. Move to: Approve the Agreement with Cascade Pipeline Corporation for the Site 12A Sewer Replacement Project Construction in a not to exceed amount of $51,830; and 2. Authorize the Mayor to sign the agreement. II, DEPARTMENT CONTACT PERSONS Ashley Newbry, Staff Engineer Clint Dolsby, Asst. City Engineer Warren Stewart, PW Engineering Manager Tom Barry, Director of Public Works Page I of3 489-0385 489-0341 489-0350 489-0372 III. DESCRIPTION A. Background Currently, a timeworn sewer main runs south to north through the backyards of residents between Meridian Road and NW I", from Elm Avenue to Cherry Lane. At this time, the sewer mainline even runs beneath the MGT Legacy Church building. Because of the poor condition and location of this utility, the City desires to abandon the sewer main within the next few years. By moving the utility out off of private property, the City would improve operation and maintenance access for our operations crew. B. Proposed Project The sewer main also runs through alleys to serve an additional four residential blocks to the south, to W. Carlton Avenue. The construction of Sewer Site 12A will divert sewer from the southerly residential blocks into the new main in Meridian Road. Essentially, four out of five residential blocks will no longer utilize the mainline to the north. This is the first step toward relocating this main entirely into public right-of-way. In addition, the City will be able to abandon the portion of this sewer main that currently runs beneath the MGT Legacy Church building. C. Contractor Selection Cascade Pipeline Corporation was the lowest bidder, has a Public Works Contractor license and is qualified to complete the required work. IV. IMPACT A. Strategic Impact: This project is aligned with the Public Works objective of being opportunistic in planning for growth and infrastructure needs. B. Fiscal Impact: Proiect Cost: Base Bid Amount (Not -to -exceed) $51,830.00 Total Costs $51,830.00 Proiect Funding: Sewer Line Replacements (3590-95000) - Budget Remaining $221,000.00 Total Funding $221,000.00 VI. TIME CONSTRAINTS Council's approval within this fiscal year will allow this project to occur as soon as possible. Funding has been allocated from the FY2013 budget. If postponed, this Page 2 of would stunt planned development in anticipation to utilize the new sewer main in Elm Avenue. VII. LIST OF ATTACHMENTS A. Agreement for Independent Contractor Services Approved for Council Agenda: Page 3 of 3 1 at AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES (ELM STREET SEWER MAIN - CONSTRUCTION) PROJECT # 10234C THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this _ day of August, 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 Cascade Pipeline Cor oration, hereinafter referred to as "CONTRACTOR", whose business address is P 0 Box 1135, Meridian, ID 83680 and whose Public Works Contractor License # is C -13771 - AAA -1-2. INTRODUCTION Whereas, the City has a need for services involving ELM STREET SEWER MAIN - CONSTRUCTION; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City 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. ELM STREET SEWER MAIN - CONSTRUCTION page 1 of 10 Project 10234C 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 $51,830.00. 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. 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 in Section 3.4 or unless some other method or time of termination is listed in Attachment A. ELM STREET SEWER MAIN - CONSTRUCTION page 2 of 10 Project 102340 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, atthe 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 30 (thirty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of two hundred dollars ($200.00) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liabifityto 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. \. ELM STREET SEWER MAIN - CONSTRUCTION page 3 of 10 Project 10234C 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. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and 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 bylaw.. 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, ELM STREET SEWER MAIN - CONSTRUCTION page 4 of 10 Project 10234C 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. l 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. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim Is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be subject to all of the Insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. 8. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. 9. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: ELM STREET SEWER MAIN - CONSTRUCTION Project 10234C page 5 of 10 CITY CONTRACTOR City of Meridian CASCADE PIPELINE CORPORATION Purchasing Manager Attn: John McNatt 33 E Broadway Ave P O Box 1135 Meridian, ID 83642 Meridian, ID 83646 208-888-4433 Phone: 208-895-0286 Email: cascade@cascadepipelinecorporation.com Idaho Public Works License #C -13771 -AAA -1-2 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 10. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 11. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 12. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 13. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 14. Reports and Information: 14.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or ELM STREET SEWER MAIN - CONSTRUCTION page 6 of 10 Project 10234C 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, any reports, data or other materials prepared under this Agreement. 17. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 18. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 19. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 20. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 21. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 22. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 23. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. ELM STREET SEWER MAIN - CONSTRUCTION page 7 of 10 Project 10234C 24. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. 25. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance With the laws of the State of Idaho, and the ordinances of the City of Meridian. 26. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN � BY.- TAMMY Y�TAMMY de YIPARD, MAYOR Dated: q- 3 — %3 President Dated: R - 26"- /3 Approved by Council: CITY CLERK/ n cnyd Purchasing Approval tee, sEAL Dep BY: dJJ ffP°T lir TAT A5,107 f2 ,J'/i ienMom Y: KEITH WATTS, Pur�chatslng K4anager WARR Dated:a 81100i,j[ Dated:: ELM STREET SEWER MAIN - CONSTRUCTION page 8 of 10 Project 10234C Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW -13-10234C ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -13-10234C, are by this reference made a part hereof. ELM STREET SEWER MAIN - CONSTRUCTION page 9 of 10 Project 10234C Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $51,830.00. S Contract includes furnishing all labor, materials, equipment, and incidentals as required for the ELM STREET SEWER MAIN - CONSTRUCTION per IFB PW -13-10234C Total Bid Schedule 1 CONTRACT TOTAL ....................... ...................$51,830.00 $51.830.00 CONTRACT IS A NOT TO EXCEED AMOUNT. LINE ITEM PRICING BELOW WILL BE USED FOR INVOICE VERIFICATION AND ANY ADDITIONAL INCREASES OR DECREASES IN WORK REQUESTED BY CITY. Item No. Description Quantity_Unit Unit Price 205.4.1.8.1. DEWATERING 1 LS $5,000 306.4.1.C.1. IMPORTED TRENCH BACKFILL, TYPE 40 CY $40 307.4.1,G.1. TYPE P SURFACE RESTORATION 176 SY $30 501.4.1.8.1. 8" PVC, ASTM D3034, DR 35,SANITARY SEWER PIPE 132 LF $175 502A.1.D.1. 48" STANDARD SANITARY SEWER DROP MANHOLE, TYPE A 1 EA $4,500 503A.1.A.1. 8" T -TYPE CLEANOUT PER MERIDIAN SD -S3 1 SY $500 503.4.1.A.3. 4" SEWER SERVICE CLEANOUT PER MERIDIAN SD -S2 1 EA $300 504.4.1.A.1. 4" PVC, ASTM D3034, DR 35,SEWER SERVICE PIPE 27 LF $150 504.4.1.D.1. 4" SEWER SERVICE CONNECTION 1 EA $500 1001.4.2.A.1. STAGING AREA 1 EA $500 1006.4.1.0.1. INLET PROTECTION 4 EA $125 1103.4.1.A.1. TRAFFIC CONTROL LS 11000 2010A.1.A.1. MOBILIZATION 1 LS $3,000 SP -1 SEWAGE BY-PASS PUMPING 1 LS $2,000 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. ELM STREET SEWER MAIN - CONSTRUCTION page 10 of 10 Project 10234C Login I Public Public Works Search, i) Seamh Aosln Qownload Results Printable View Contractor I.b Company Name License Number PWC -C-13771 Work Cateporv/s1 Llcense Type License Class Status Cascade Pipeline Corporation 00001, 00002 7, 2 AAA ACTIV PERMITS LICENSE r First I ; Piev Page: t of 1 - Noxi ! i Kist PUBLiC WORKS Details - License Number: PWC -C-13771 VIOLATIONS ELEVATORS Llclnfo Bus Llc II FBes$2,260,00 Rogls(rallon#: PWC -C-13771 Issue: 7/26/2013 . Expire: 7/31/2014 Type: PUBLIC WORKS Sub -Type: AAA Status: ACTIVE Comp/Name: Cascade Pipeline Corporation • Addressl: PO Box 1135 City, Slate, Zip: MERIDIAN, ID 03688 Phone: (208) 895-0286 Cell: (208) 941-2547 Pager: Fax: (208)898-0144 Owner Name: i . Home I CONTACT US Po dby ,'/?.jY3vSr9MS https://data.dbs.idaho.gov/etrakit2/Idaho_PublieWorks8earr,hRslts.aspx 8/14/2013 IDAHO SECRETARY OF STATE Viewing Business Entity 4 Ben Ysursa, Secretary of State [ New Search ] [ Back to Summary ] CASCADE PIPELINE CORPORATION PO BOX 1135 MERIDIAN, ID 83680 1135 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING, 2ND AR NOTICE SENT 01 Aug 2013 State of Origin: IDAHO Date of 06 Jul 2000 Origination/Authorization: Initial Registered Agent: JOHN L MCNATT 645 COUGAR DR MERIDIAN, ID 83646 Organizational ID / Filing C134678 Number: Number of Authorized Stock 10000 Shares: Date of Last Annual Report: 08 Aug 2012 Original Filing: [ Help Me Print/View TIFF ] Filed 06 Jul 2000 INCORPORATION View Image (PDF format) View Image (TIFF format) Amendments: [ Help Me Print/View TIFF ] Amendment Filed IS Jul 2000 NAME CHANGED TO View Image (PDF format) RAINIER View Image (TIFF format) CONSTRUCTION COMPANY, INC. Amendment Filed 23 Apr 2001 NAME CHANGED View Image (PDF format) TO CASCADE View Image (TIFF format) PIPELINE CORPORATION Amendment Filed 13 Sep 2002 OTHER - View Image (PDF format) View AMEND Image (TIFF format ARTICLE IV Annual Reports: [ Help Me Print/View TIFF ] Report for year 2012 ANNUAL REPORT View Document Online Report for year 2011 ANNUAL REPORT View Document Online Report for year 2010 ANNUAL REPORT View Document Online http://www.accessidalio.org(public/sos/corp/CI34678.htmi 8/14/2013 Report for year 2009 ANNUAL REPORT Vlew Document Online Report for year 2008 ANNUAL REPORT �. Report for year 2007 ANNUAL REPORT Report for year 2006 ANNUAL REPORT Report for year 2005 ANNUAL REPORT Report for year 2004 ANNUAL REPORT Report for year 2003 ANNUAL REPORT Report for year 2002 ANNUAL REPORT Report for year 2001 ANNUAL REPORT Idaho Secretary of State's Main Page View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format), View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Imaae (TIFF format) View Image (PDF format) View Imaae (TIFF format View Image (PDF format) View Image (TIFF format View Image (PDF format) View Imaae (TIFF format) State of Idaho Home Paae Comments, questions or suggestions can be emailed to: sosinfoosos.idaho gov http://www.accessidaho.org/public/sos/corp/Cl 34678.htm1 8/14/2013 JRDn., CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDYYYY) 8/23/2013 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. -'ORTANT; If the certl0cate holder is an ADDITIONAL INSURED, the pallcy(11 ies) must ba endoraetl. If SUBROGATION 13 WAIVED, subject to ,erms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). 'aooucER Moreton &Company -Idaho �AX .0. Box 191030 3oise, ID 83719 co Liz Schneider EaI :206 321-9300 IVO...), 208-321-0101 : eschnelder@moreton.com NSURER(S) RDING COVERAGE MAIC e !08 321.9300 vsuRED Cascade Pipeline Corporation A; Cincinnati Insurance Company '-/-- 10877 e; ldah0 State insurance Fund 36129 —.PO C;Meridian, Box 1135 O:E; ID 83680 03/01/201 EpACMH OCTCURRENCE E�OO OOQ :OVFRAAFA rronnnwrc wuen�n. INSURER F: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN Rrni leen BY o 'R TYPE OF INSURANCE ADD] SUB POLICY NUMBER MMIDIUYJYEYYY CCyy EE77((pp MMI', ExY LIMITS t GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OX OCCUR X PD Ded:3,000 x ENP0183050 03!0112013 03/01/201 EpACMH OCTCURRENCE E�OO OOQ PREMISES Ea oaurrerme $100.00() MED EXP (Anyone person) $5000 PERSONAL&ADV INJURY $1,000 QQQ GENERAL AGGREGATE $2000,000 GENE AGGRE(GAATTE LIMIT APPLIES PER: POLICY I ](I JECOT LOC __ PRODUCTS-COMP/OPAGG $2,000,000 $ AUTOMOBILE LIABILITY ENP0183050 3(01/2013 03/011201 COMEEIN(Eaeccia DISINGLE LIMIT $1,000,000 ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per person) $ _ BODILY INJURY (Per accldanU $ PROPERTY DAMAGE Pareccitlenl $ S X UMBRELLA LIAR EXCESS LIgB X OCCUR CLAIMS -MADE ENP0183050 3/01/2013 03/011201 EACH OCCURRENCE $2000000 AGGREGATE $2 000 000 OED RETENTIONII WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN OFFICEWMEMBER EXCLUOED7 ECUTIVE� (MandatoF Yes, describe In antler NIA 587223 0/01/2012 10/01/2013 - we sTATu- 0TH- $ X TORYLI E.L. EACH ACCIDENT $500 ,000 E.L. DISEASE - EA EMPLOYEE $500000 DESCRIPTION OF OPERATIONS below — E.L, DISEASE -POLICY LIMIT $500 000 iCRIPTrIN OF nPFRaTm.., l nCennuc ....... ] I „i nn,naraa Rcneaule, if more space is required) I: Elm Street Sewer Main - Construction Project # 10234C Irtlficate Holder is Included as Additional Insured as required per written contract City of Meridian 33 East Broadway Ave. ( Meridian, ID 83642 )RD 25 (2010105) 1 Of 1 #S539265fM49D252 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988.2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ELISC Bond No. 2129963 Document A312TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: SURETY: (Narne, legal slants andaddress) (Nanne,legalstalesandpinclpa/placeofbirslnesr) Cascade Pipeline Corporation Old Republic Surety Company A— rt P.O. Box 1135 P. O. Box 1635 This document has Important legal Meridian ID 63680 Milwaukee WI 532014635 Melting Address for Notices consequences. Consultation With an attorney is encouraged with respect to its complellon or modification. OWNER: Any singular reference to (Maine, legal stalls and address) Contractor, Surety, Owner or Cif of Meridian other party shall be considered Y plural where applicable. 33 East Broadway Avenue Meridian ID 83642 CONSTRUCTION CONTRACT Date: August 23, 2013 Amount: $ 51,830.00 Fifty One Thousand Eight Hundred Thirty Dollars and 00/100 Description: (Matte and location) Elm Street Sewer Main - Construction Project # 10234C BOND Date: August 23, 2013 (Mol earlier than Cnnsinictlon Confract Date) Amount: 551,830.00 Fifty One Thousand Eight Hundred Thirty Dollars and 00/100 Modifications to this Bond: x] None F] Sco Section 16 CONTRACTOR AS PRINCIPAL Company: (Corporate Sent) Cascade Pioelir4r ion and'fitie: troi�ti SURETY Company: (Caparale Seal) Old Republic Surety Company Signawre: Eli a Schneider Name Att by -in -Fact and Title: (Any addlllonal signantes appear on the last page of this Performance Bond) (FOR INFORM 4770M ONL P —Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Moreton & Company (Archltect, Engineer orotherparo 12639 West Explorer Dr., Suite 200 l Boise ID 83713 208-321-9300 S-18621AS 8/10 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for The performance of the Construction Contract, which is incorporated herein by reference. § 21f the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided In Section 3. § 31f there is no OwnerDefaultunder the Construction Contract, the Surety's obligation under this Bond shall arise after .1 (be Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contraclor's performance. If the Owner docs not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surely agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's tight, lfany, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Defaull, terminates the Construction Contract and notifies Ore Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 6 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense lake one of the following actions: § 6.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 6,2 Undertake to perform and complete the Construction Contract Itself, through its agents or independent contractors; § 6.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the �.. Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surely equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described In Section 7 in excess of tho Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After Investigation, determine the amount for which It may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability In whole or in part and notify the Owner, tiling the reasons for denial. § 61f the Surely does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Ownershall be entitled to enforce any remedy available to the Owner. if the Surety proceeds as provided in Section 5,4, and the Owner refuses the payment or the Surety has denied liability, in whole or in pan, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6.1852/AS 8/10 § 7 I the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to fire Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surely shall not bo greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of detective work and completion of the.. Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of die Surely under Section 5; and .3 -liquidated damages, or if no liquidated damages arc specified In the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 I the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to (lie amount of this Bond. § 8 The Surety shall not be liable to the Owner or others for obligations of The Contractor that arc unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced orset off on account of any such unrelated obligations. No right of action shall accrue on this Bond to tiny person oronlily other Then The Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby wnives notice of any chango, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under Us Bond may be instituted in any court of ccmpetenljurisdiction in the location In width the work or part of the work is located and shall be Instituted within two years after a declaration of Contractor Defaull or within two years after the Contractor coned working or within hvo years after the Surety refuses or falls to perfomt Its obligations under this Bond, whichever occurs first If the provisions of Us Paragraph are void or prohibited by law, file minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surely, The Owner or the Contractor shall be moiled or delivered to the address shown on the page on which their signaturo appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so famished, the intent is that this Bond shall be construed as a statutory bond and not as it common law'bund. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to file Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of Insurance or other claims for damages to whlcih the Contractor is entitled, reduced by all valid and proper payments made to or on behalrof the Contractor under the Construction Contract § 14.2 Construction Contract The agreement behveen the Owner and Contractor identified on the coverpage, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material tern of the Construction Contract. § 14.4 Owner Default Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perfomh and complete or comply with the othermaterial terms of Ilse Construction Contract. § 14.6 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 16 If this Bond is Issued for an agreement between a Contractor and subcoutroetor, the tern Contractor in this Bond shall be deemed to be Subcontractor and the term Ownershall be deemed to be Contractor. 8.18621AS 8110 § 16 Modi ficadons to this bond areas follows: (Space Is provided below for addlilonal signaltth•(?s of added partes, other than those appearing on the coverpage.) CONTRACTOR AS PRINCIPAL SURPTY Company: (Corporate Seal) Company: (Corporate Sea!) Signature: Signature: Name and Title: Name and Title: Address Address S-0852/AS 6110 Bond No. 2129963 Payment Bond CONTRACTOR: (Name, legal stags and adWass) Document A312TM -2010 Conforms with The American Institute of Architects AIA Document 312 Cascade Pipeline Corporation P.O. Box 1135 Meridian ID OWNER: (Maine, legal scants and address) City of Meridian 33 East Broadway Avenue Meridian ID CONSTRUCTION CONTRACT Date: August 23, 2013 Amount: $51,830.00 SURETY: (Name, legal status and principal place of business) Old Republic Surety Company PP. O. Box 1635 Milwaukee WI 53201-1695 83680 Mailing Address for Notices 83642 This document has Important legal consequences. Consultation with an attorney Is encouraged with respect to Its completion or modi8call6n. Any singular reference to Contractor, surety, Owner or otherpadyshall be considered plural where applicable, Fifty One Thousand Eight Hundred Thirty Dollars and 00/100 Description: (Name and location) Elm Street Sewer Main - Construction Project # 10234C BOND Date: August 23, 2013 (Not earlier than Construction Contract Dale) Amount: $51,830.00 Fifty One Thousand Eight Hundred Thirty Dollars and 00/100 Modifications to this Bond: x❑ None F1 See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Cascade Pipeli or do Old Republic Surety Company Signature: Signature: tA •^ iz a t Schneider Name Name and Title: f x Ss t �t and Title: Attoh ey-in-Fact (4ny additional signatures appear on the last page ofthis payment (rand.) (POR INPOPULITIONONLY —Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Moreton & Company (Architect, Engineer orotherparry) 12639 West Explorer Dr., Suite 200 \ Boise ID 83713 208-321-9300 S-21491AS 8110 § 111te Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to bre Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, J subject to the following terms. § 2lfthe Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner front claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no OwnarDefault under the Construction Contract, the Surety's obligation to the Owner tinder this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and nl the Surety's expense defend, indemnify and hold hamhless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 6.1 Claimants, who do not have a direct contract with the Contractor, .1 have famished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials wero, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last Atm[shed materials or equipment included In the Claim; and .2 have sent a Claim to the Surety (at the address described In Section 13). § 6.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufgclenl to satisfy a Claimant's obligutiun to furnish a wrillen notice ofnon-payment under Section 5.1.1. ` § 7 When a Claimant bas satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, slating the amounts that are undisputed and the basis for challenging any umounts that are disputed; and § 7.2 Pay or strange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7,2 shall not be deemed to constitute a walver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety falls to discharge its obligations under Section 7.1 or Section 7.2, the Surely shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant, § 9 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable utlomey's fees provided tinder Section 7.3, and the amount of this Bond shall be credited for any payments undo in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, If any, under any construction performance band. By the Contractor furnishing and the Owner accepting this Bond, they agree that all lbnds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for ire completion of the work. , 5-21491AS 6110 § 10 The Surety shall not be Uable to the Owner, Claimants or others for obligations of the Contractor that arc unrclatcd to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bondno obligation to make payments to, or give notice on behalf of. Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to tine Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction In the state in which the project that Is the subject of the Construction Contract Is located or after the expiration of one year from the date (1) on Which the Cialmant sent a Claim to the Surety pursuant to Section 5, 1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were famished by anyone under the Construction Contract, whichever of (1) or (2) frst occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of Iimitatlon available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on whlcb their signature appears. Actual receipt of notice or Claims, howover accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision In this Bond coalllcting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so famished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 16 Upon request by any person or entity appearing to be a potential beneficiary of. this Bond, the Contractor and Ownershall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the nameoflhepersonforwhomPiclaborwasdone,ormaterialsorequipmentfurnished; .3 a copy of the agreement or purchase order pursuant'to which labor, materials or equipment was famished for use In the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .6 the date onwhich the Claimant lost performed labor or last famished materials or equipment for use In the performance of the Construction Contract; .6 the total amounteamcd by the Claimant for labor, materials or equipment famished as of the date of the Claim; .7 the total amount ofpreviouspayments received by the Claimant; and .6 the total amount due and unpaid to the Claimant for labor, materials or equipment fbrolshed as of the date of the Claim. § 16.2 Claimant. An Individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnishlabor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any Individual or entity that has rightfully asserted a claim under an applicable mcchanlo's Gert orsimilar statute against the real property upon which the Project Is located. The intent of this Bond shall be to include without limitation In the terms "labor, materials or equipment" that part of water, gas, power, light, beat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Conlmclor s subcontractors, and all other Items for which a mechanic's lien may be asserted in tho jurlsdlctlon where the labor, materials or equipment were famished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, Including all Contract Documents and all changes made to the agreement and the Contract Documents. 5.2146lAS 6/10 § 16.4 Owner Default. Failure of the Owner, which has not been remedied ar waived, to pay the Contractor as required under the Construction Contractor to perform and complete or comply with the other material terns of the Construction Contract. § 16.5 Contract Documents, All the documents that comprise the agreement between tho Owner and Contractor. § 17 If (his Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are us follows; (Space is provided below for addirlonal signatures ofadded parties, other than thane appearing on the coverpage,) CONTRACTOR AS PRINCIPAL SURETY Company: (CotporoleSeal) Company: (Corporrleseal) Signature: Signature; Name and Title: Name and Title; Address Address S•21401AS 8110 W OLD R KNOW ALL MEN BY point l SURETY COMPANY OF ATTORNEY That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and KIM H. WARD, PHIL S WALTER, BLIZAB ETH SCHNEIDER, OF BOISE, ID - - its true and lawful Attomey(s) in -Fact; with Tull power and anthodly, not exceeding $20,000,000, for aril oa behalf of the company as surety, to execute and deliver and affix the seal of. a oom auy_therem if a seal is required), bdads, undertakings, recognizances or other wri lon obligations in the dotard Ihereofl (other than bail bonds, bank depository bonds, mortgage Tofipicney bonds, mmigTge ginimnty,bonds, guarautecs ofira talhhent paper dnd note guaranty bonds, self-insurance workers compensation bonds gunrenteeilig payment of banoffts, asbestos ,atkatemem conliactlionds, waste management hands, hazardous waste remediation bonds or black lung bonds), as follows: - ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF - - SIX MILLION DOLLARS($6,000,000).___--...... ----.-- FOR ANY SINGLE OBLIGATION, REGARDLESS OF THE NUMBER OF INSTRUMENT$` ISSUED FOR THE OBLIGATION, and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This documeirti not valid unless printedon limed background nod is multi -colored. Ibis appointment is made under and by authority of the board of directors at a special Medt 09held on February l8, 1.982. ' This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions gdaplod by the bpard of dircotors of (bo OLD REPUBLIC SURETY COMPANY on February 19; 1982. - RESOLVED that, the president, any ,Vico-president,'tit assistant vice president, in cyrjudo(ion with the seerciary or any assistanl secretary, may appoint attorneys -in -fact or agents with authority is defined or limited in. the instrument evidencing (he appointment in each case, for and onbchalfofthe company to exebuic and deliver and affix the seal of the ceinpany to bonds, undertakings, recogniiahces, and suretyship obligations of A kinds' and said officers may remove any such attomey-in-fact or agent and revoke any Power of Attpiney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking; racognizence, or suretyship obligation shall be valid and binding upon the Coiupany (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (ifa seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if aacal be required) by ane or more altomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. - .. (' RESOLVED FURTHER, that the signature df any authorized officer and the seat of the company, maybe affixed by facsimile to any Power of Attorney or \ certification thereofauthbrizing the execution and delivery of any bond, undertaking, recognizance; or other suretyship obligations of the company; and such signature and said when so used shall have the salve force and effect as though manually affixed. - IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 26TH day of JULY. 20 L3. _ ,,,,,:•..,,.,,., OLD REPUBLIC SURETY COM Y . ; �lSEAL c 7-Y144 A5� n1 $Cc4lary A�S' STATE OF WISCONSIN,COVNTYOFWAUKESHA-SS k"<:•.{,,, APs President ` .On this 26TH day of JULY, 2013 • , personally came before me, , Alan 13avliii - and Phyllis M. Johnson , Come known to bathe individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instmineat, and they each acknowledged the execution of the same, and being by me duly s`wom, did severally depose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the abovo instrument is the seal of the corporation, and that said corporate seal and thoir:aignatores as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. {1,�O7Aht� 14.Lsek�_ w� Notary Public My commission expires: 9/28/2014 CERTIFICATE I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation; CERTIFY that the foregoing and attached Power of Attorney remains:in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of I.Attorney, are now in fame. 43-5014vua.,,•e•.ax ado 'So Sosviq Signed and sealed at the City of Brookfield,Wf this. _D dayof �d✓.3. l�C ii.ro..ry'Pe- t' SEAL 3 �` '# dye lgSRl. ni :i!'C' •lu rf/1 Meridian City Council Meeting DATE: September 3, 2013 ITEM NUMBER: 5H PROJECT NUMBER: ITEM TITLE: Resolution No. 13 - 9 LfoZ A Resolution of the Mayor and City Council of the City of Meridian Authorizing the City Clerk to Destroy Certain Temporary Records of the Meridian Water Department; and Providing an Effective Date 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 A CITY OF MERIDIAN RESOLUTION NO. 13 -9qD- BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN AUTHORIZING THE CITY CLERK TO DESTROY CERTAIN TEMPORARY RECORDS OT THE MERIDIAN WATER DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to Idaho Code section 50-907(4) to, by resolution, destroy temporary records, upon the advice of the City Attorney, and with such disposition to be under the direction and supervision of the City Clerk; and WHEREAS, the City Clerk has identified certain temporary records that may be destroyed after three years pursuant to Idaho Code sections 50-907(3) because the time period for retention of such records has expired; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City Clerk is hereby authorized to direct and supervise the destruction of the following temuorarvrecords of the WaterDeuartmenC WATER YEAR(S) I DESCRIPTION Temporary Records Backflow Test Records 1/2005-May/2010 Includes Backflow Assemblies Test Reports Section 2. That the City Clerk is authorized to take all necessary steps to destroy the records as provided by this Resolution. Section 3, That this Resolution shall be in full force and effect immediately upon its adoption and approval. A ADOPTED by the City Council of the City of Meridian, Idaho, this v day of September _--_, 2013. APPROVED by the Mayor of the City of Meridian, Idaho, this 3 day of September 2013. o�pgen nu .rye-ri< rn—L ago ay Ta , de Weerd By; .AK0 Jaycee" olmaq, City Clerk SEAL W RESOLUTION AUTHORIZING DE5'tRucTION OF W ATER:DEPARTMENT RECORDS PAGE I OF I Meridian City Council Meeting DATE: September 3, 2013 ITEM NUMBER: 51 PROJECT NUMBER: ITEM TITLE: Christmas in Meridian 2013 Sponsorship Agreement Between Borton-Lakey Law and Policy 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 (5D CiKhristlm "in 1,IDIAN CHRISTMAS IN MERIDIAN 2013 SPONSORSHIP AGREEMENT This CHRISTMAS IN ERIDIAN 2013 SPONSORSHIP AGREEMENT ("Agreement") is made on this � day of , 2013 (`Effective Date"), by and between the City of Meridian, a municipal corporation organ zed under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ('City"), and Borton-Lakey Law & Policy, whose address is 141 Carlton Avenue, Meridian, Idaho 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. Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, a 2013 Sponsor of City's Christmas in Meridian events. The specific sponsor position and benefits insured to Sponsor throughout the term of this Agreement shall be attached hereto as Exhibit A. 2. Payment. By 5:00 p.m. on August 30, 2013, Sponsor shall prepay to City two thousand dollars ($2,000.00). In the event the 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 Christmas 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 Christmas in Meridian, City shall undertake the promotional and advertising efforts enumerated for sponsors in the Christmas in Meridian 2013 Sponsorship Packet, attached hereto as Exhibit A. 4. Term. The term of this agreement shall be from the Effective Date through December 31, 2013, unless earlier terminated by either party by the method established herein. 5. Cancellation; scheduling. The parties acknowledge that the 2013 Christmas in Meridian schedule shall include the Winter Lights Parade, Downtown Business Decorating Contest and Children's Winterland Festival events, but cancellation of any or all may be necessary due to weather or other conditions or circumstances. City shall have sole responsibility and discretion in scheduling and/or cancelling Christmas in Meridian events and activities related thereto, including any and all related activities by Sponsor. 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 CHRISTMAS IN MERIDIAN SPONSORSHIP AGREEMENT I PAGE l Of 5 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. 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 Christmas 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 loss, 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 CHRISTMAS IN MERIDIAN SPONSORSHIP AGREEMENT PAGE 2 of 5 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. 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 and event rules. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. Sponsor shall also comply with all written rules and regulations that govern Christmas in Meridian events in which they are participating including but not limited to Winter Lights Parade rules and regulations. 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. CHRISTMAS IN MERIDIAN SPONSORSHIP AGREEMENT PAGE 3 of 5 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. 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: Joe Burton joe@borton-lakey.cwm City: Colin Moss emoss@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 lin ,� f etas established herein on behalf of Sponsor. Please Print Name CITY OF MERIDIAN: w Tammy]Oe'JdUeerd, Mayor a l / 1-Y1►"u/-4/L Title ?/0 3/ 13 Date ATTEST: cityuf ^ RIDIAN'�r_? Yce olman, City Clerk SEAL CHRISTMAS IN MERIDIAN SPONSORSHIP, AGREEMENT - PAGE 4 of 5 Exhibit A 2013 CHRISTMAS IN MERIDIAN SPONSORSHIP PACKET Overall Presenting Sponsor For $2,000 you will receive: • Recognition In all media as the Presenting Sponsor for Christmas in Meridian as a whole as well as the Winter Lights Parade, which is one of the events taking place under the heading of Christmas In Meridian. Presenting sponsorships for the Downtown Business Decorating Contest and Children's Wlnterland Festival are sold separately. Positioned as "Christmas In Meridian presented by (Business Name)" and "Winter Lights Parade presented by (Business Name]." • Your business logo on all printed and online Christmas in Meridian and Winter Lights Parade materials including event posters, parade applications, parade entry numbers, website articles, etc. Online logos will be linked back to your website. • Your logo at the top and a link to your website In all Christmas in Meridian e-mail blasts sent to our distribution list of over 7,000 e-mail addresses. • Your logo and a link to your website on the Christmas in Meridian event listing on the Meridian Parks and Recreation page on Facebook. • The opportunity to submit one parade entry at no additional cost ($100 value). This entry will be the first official entry in the parade line-up, behind a banner identifying them as the parade's Presenting Sponsor. Sponsor must provide banner carriers. All parade entry rules and regulations will apply to this entry. • Special recognition from the emcees as your parade entry passes by Generations Plaza. • The opportunity hang one banner no wider than eight feet on the Center Stage In Generations Plaza where the event emcees and judges will be stationed. • Twenty reserved tickets in special VIP seating area during parade, located next to the Center Stage. • The opportunity to have one representative on-stage with the event emcees and Santa Claus to be recognized just before Meridian's Christmas Tree is lit. • The "right of first refusal" to renew sponsorship for next year's event. CHRISTMAS IN MERIDIAN SPONSORSHIP AGREEMENT PAGE 5 or 5 Meridian City Council Meeting DATE: September 3, 2013 ITEM NUMBER: 5J PROJECT NUMBER: ITEM TITLE: Approval of a Sole Source Purchase to Install Lights and Electrical Services for Legal Tenant Improvement to the Existing City Hall Building from Tri-State Electrical, Inc. MEETING NOTES PROVE Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN SOLE SOURCE FORM Requisition Number: PURCHASING AGENT 33 East Broadway Avenue Meridian, ID 83642 Phone: 208-888-4433 Fax: 208-887-4813 Date: 8/02/2013 Item or Service: Install Lights and Electrical Services for Legal Tenant Improvement X Sole Source: Item is available from only one vendor. Item is one -of -a kind item and is not sold through distributors. Manufacturer is a sole distributor. ❑ Sole Brand: Various vendors can supply the specified model & brand, and Competitive bids will be solicited for the brand requested. Refer to instructions on 2nd page for completion. JUSTIFICATION: (Attach additional pages if needed) The tenant improvement project for the Legal Department will require installation of new lighting and electrical services. Tri-State Electric, Inc. has provided and installed all electrical components for the City Hall Building. Compatibility of equipment, components, accessories, computer software, replacement parts or service is the paramount consideration. Using Tri-State Electric's services, products, and knowledge will ensure continuity of operations and consistency throughout the City Hall building and other City of Meridian facilities where applicable and feasible. CERTIFICATION: I am aware of the requirements set forth in the City's Purchasing Policy & Procedures Manual for competitive bidding and the established criteria for justification for sole source/sole brand purchasing. I have gathered technical information and have made a conceited effort to review comparable/equal equipment. I hereby certify as to the validity of the information and feel confident that this justification for sole source/sole brand meets the City's criteria and is accurate. Uki, /wc zzr o,rt K NAME p epartment Manager Council Approval Date: q - 3 13 Council Liaison ((�� Approval' GGG- l� pPurchasing: Approval: rova� A royal: l Pur sing Manager Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, John McCormick Date: 7/10/13 Re: September 3rd City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the September 3d City Council Consent Agenda for Council's consideration. Approval of a Sole Source Purchase to Install Lights and Electrical Services for Legal Tenant Improvement to the existing City Hall building from Tri-State Electric, Inc.. Recommended Council Action: Approval of Sole Source Purchase to Install Lights and Electrical Services for Legal Tenant Improvement and authorize the Purchasing Manager to issue purchase orders and/or contracts for goods and services relating to the purchase as needed. Thank you for your consideration 0 Page 1 Meridian City Council Meeting DATE: September 3, 2013 ITEM NUMBER: 5K PROJECT NUMBER: ITEM TITLE: Water Main Easement for Sicily Subdivision 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 ICtAE#�i Community Development Department TO: Mayor Tammy deWeerd Members of the City Council FROM: Denny Cline DATE: 8/26/13 SUBJECT: Sicily Subdivision I. RECOMMENDED ACTION A. Move to: Land Development Services Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 1. Approve a Water Main Easement for the City of Meridian, located on the site of Sicily Subdivision. 2. This easement provides the City of Meridian access to a public water main installed on the site of Sicily Subdivision. This water main will be used to provide service to Reflection Ridge Subdivision, located south of Sicily Subdivision. 3. Authorize the Mayor to sign the easement, and the City Clerk to attest. II. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Community Development Director Bruce Freckleton, Development Services Manager Denny Cline, Development Analyst II Denny Cline, Oevelopment Analyst II Development Services Manager 884-5533 489-0362 489-0371 Recommending Approval Ph: 208.887.2211 • www.meridiancitv.ora • Fax 208.887.1297 Rev: 0112013 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 t BOISE IDAHO 09/05/13 10:33 AM DEPUTY Vicky Bailey III IIIIIIIIII'll'lllll'IIII�'I'lll'll RECORDED -REQUEST OF 11 Meridian City 113101256 WATER MAIN EASEMENT 7vel THIS INDENTURE, made this� day of ., 20 13 between (7Q/4 it- oM E S the parties of the first 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 water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water 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 construction, operation, maintenance, repair, replacement of a water 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 water line and their allied facilities, together with their 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, its 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 water 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. 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. Water Main Easement EASMT WTR 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. GRANTOR: resident Address 1n Arm. V� Secretary STATE OF IDAHO ) ) ss County of Ada ) On this Ntl day of VLdtly^ 20_A3, before me, the undersigned, a Notary Public in and for said State, personally appearee Qovcu Riivioyl and aA�1y �(xAVr—S , known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have fist above written. (SEAL) and affixed my official seal the day and year Residing at µtik1 Commission Expires: .� Water Main Easement EASMT WTR ri GRANTEE: CITY OF MERIDIAN ®®.� W AUCU Tammy de We Mayor = �a �CRY of irE IDIAN� �onxo m SEAL Attest by a cee L. HolmanCity Clerk df�B °"de ril -.0; Approved By City Council On: q -3 - V3 STATE OF IDAHO ) ) ss County of Ada i ) On this day of 20 13 , before me, the undersigned, a Notary Public in and for said State, perspeared 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. NOTARY P1 Residing at:/. Commission Water Main Easement EASMT WTR FOX Land Surveys, /nc, 1515 South Shoshone St. A Bolsa Idaho A 83705 A 208-342-7887 A 208-542-7437 FAX SICILY SUBDIVISION EASEMENT DESCRIPTION A PORTION OF LOTS 5 AND 61 BLOCK 1, SICILY SUBDIVISION, LYING IN THE SOUTHWEST'/4 OF THE NORTHEAST % OF SECTION 30, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO A Portion of Lots 5 and 6, Block 1, Sicily Subdivision. Lying in the Southwest % of the Northeast '% of Section 30, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows; A. COMMENCING at the found Brass Cap Monument marking the Center of Section 30, from which the found 5/8 inch rebar with plastic cap stamped "BRIGGS PLS 4998" marking the East % Corner thereof bears North 89043'54" East, a distance of 2,622.77 feet; B. thence North 80°22'13" East, a distance of 721.24 feet to a point on the southwesterly Right -of -Way of the Ridenbaugh Canal; C. thence North 44°19'25" East, a distance of 50.00 feet to a point on the Center Line of the Ridenbaugh Canal, the TRUE POINT OF BEGINNING; D. thence continuing North 44019'25" East, a distance of 53.98 feet to a point on the Right -of -Way of South Venito Place, intersecting at a non -radial angle in a curve to the left; E. thence along said Right -of -Way and curve to the left having a length of 20.52 feet, a radius of 52.00 feet, a central angle of 22036'40" and a long chord which bears South 34°27'53" East, a distance of 20.39 feet to its intersection with the northeasterly Right -of -Way of the Ridenbaugh Canal; F. thence South 44019'25" West, a distance of 50.00 feet to a point on the Center Line of said Canal; G. thence along said Center Line, North 45"43'01" West, a distance of 20.00 feet to the TRUE POINT OF BEGINNING; Containing 1,026 square feet (0.023 acres) more or less. Subject to easements of record and not of record. Any modification of this description shall render it void. Refer to the attached sketch, Fox Land Surveys, Inc. Timothy J. Fox, President, PLS 7612 END OF DESCRIPTION TAJ:gf W:\PROJECTS\2012\I2-077.QUATRO.PRJ\PROJECT\PLSI DOCS\DESCRIMONS\1277SICfLYEASEMENT.DOC fV\ U S N �a a Q v ¢ o `' o = Z M O N I NLU �o 61 \o U) �jIVO a M a Z 111 of U W U cob `°v�Zu o >_ -W QaF:W UNoz� 0 U o�N~¢ Wo =Z a ZM _a zZ J z 0 H OCL Z - W W m F L- O I/ \ O v WI -, l NIN ! \ co CD CV N o � z� Z 1 �LLM M 1 I I,�Z I l I zv LU co U 0 Meridian City Council Meeting DATE: September 3, 2013 ITEM NUMBER: 5M PROJECT NUMBER: ITEM TITLE: Design Agreement with CSHQA for a Public Safety Training Facility for a Not -to -Exceed Amount of $417,610.00 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 SAIA Document 6132741 - 2009 Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition AGREEMENT made as of the 29 day of Augustin the year 2013 (In umrds, ind)care dpp, month acid rear.) BETWEEN the Architect's client identified as the Owner; (Nance, legal slatrs, address and other hrlbrinallon) City of Meridian 33 East Broadway Meridian, ID 83642 and the Architect: (Nance, legal stalu . address and other b Joi-mallou) CSHQA, a professional association 200 Broad Street Boise, ID 83702 for the following Project: (Name, location and derailed description) Meridian Public Safety Training Center (PSTC) East Water Tower Street, Meridian, ID 83642 The Meridian PSTC project cost is anticipated to be 4.5 million dollars. The project is to consist of one or two buildings on a 3.1 acre site on Water tower Lane in Meridian directly west of the current Meridian Police Facility. It is anticipated that the PSTC to Include approximately 30,500 sf of built space including an hidoor Shooting Range, Classrooms, K-9 training, Mat Room and Support Spaces. Also as part of the project, Master Planning for a future outdoor Scenario Village and Site Development. The Construction Manager; (Name, legal status, address and other information) To Be Determined The Owner and Architect agree as follows. ADDITIONS AND DELETIONS; The author of this document has added Information needed for Ile completion. The author may also have revised the text of the original AIA standard farm, An Additions and Deletions Report that notes added Information as well as revisions to the standard farm text Is available from the author and should be reviewed. A vertical line In the left margin of Ihis document Indicates where the author has added necessary Information and where the author has added to or deleted from the original AIA text. This document has Important legal consequences. Consultation with an attorney is encouraged with respect to Ila completion or modification. This document Is Intended la be used in conjunction Win AIA Documents A132Tn-2009, Standard Form of Agreement Between Owner and Contractor, Construction Monageras Adviser Edition; A2321N-2000, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition; and C132T' -2009, Standard Form of Agreement Between Owner and Construction Manager as Adviser. AIA Document A23210-2009 Is adopted In this document by reference. Do not use with other general conditions unless this document Is modified. AIA Document 613214 - 2009 (formerly 0141-CMa -1002). copyright ®1992 and 2000 by Tho American Institute of Architects. All rights reserved, fall. WARNIN61 This AIA" Document Is protected by U. S. Copyright Law and International Treatise. Unauthorized reproduction or distribution of this AIA" Document, or any portion of 11, may re suit In severe civil and criminal permutes, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:30:87 on 0 012 012 013 under Order No.8811802830_1 which expires on 0210412014, and Is not for resets. User Notes: (724 0 0 74 8 0) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1,1 This Agreement is based on the Initial Information set forth in this Section LI, (Note the disposirlon for• llie jbllowing ileus by I2se7hig the requested irforinadon or aslaternenf such as "nor applicable," "unknoum at little ofexectftlon"or- "lo be elelermined later by inional agrrentent. ") § 1,1.1 The Owner's program for the Project: (ldentlry docantertation or stale /be manna, in which rhe program will be developed) Architect working with the Owner per Exhibit A is to develop the program, § 1.1,2 The Project's physical characteristics: pdelft6<orelescrlbe, ifappropr•iate, size, location, dbnenslons, oi•olherpe•iinemitfortrmiiom, such asgeolechnical reports; sile,.borrrtdary and topographic sar•veys; lrajic• and utllio, studies; availability, ofpublic and pr&ate utllifies and sen•ices; legal description ofthe site; etc.) 3, t Acre site directly west of the current Meridian Police Facility. § 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1: (Provide total and, if •known, a lime item breakdown.) 4,0 million dollars § 1.1.4 The Owner's anticipated design and construction schedule: ,1. Design phase milestone dates, if oily: Complete Programming and Master Planning anticipated date:01 October 2013 AIA Dooumont 13132^'-2009 (formerly 0141o'CMa-1902). Copynght ra 1992 and 2009 by The American lnaeluto of Architects. All rights reserved. hill, WARNING: This A14' Document Is protocied by U.5, Cepynaht Law and International Treaties. Unauthorlxod reproduction or distribution of this AIA" 2 Document, or any porton of It, may result In severe Civil and oriminal penalties, and will be prosecuted to the maximum extent possible under the tow, / This document was produced byAlA eoawwo at 12:36:57 on 08129/2013 under Ordor No,8011682830 1 which expires on 02/0412014, and Is hot for resale. User Nolee: (724657489) .2 Commencement of construction: To Be Determined .3 Substantial Completion date or milestone dates: [ To Be Determined ,4 Other: Not Applicable § 1.1.5 The Owner intends to retain a Construction Manager adviser and: (Note that, Y'Ahdtiple Prime Contractol:r are Nsed, the ter•or "Con6vctor"as referred lo throughout this Agreement ndll be as If plNral In naniber) [ I One Contractor [ ] Multiple Prime Contractors [ X ] Unknown at time of execution § 1.1.6 The Owner's requirements for accelerated or fast-track scheduling, multiple bid packages, or phased construction are set forth below: Psi in nrber and type oJ'bld/procurement packages.) None are anticipated nor incorporated into the archilect's quoted fee. § 1.1.7 Other Project information: (Identifp special characteristics• or needs oJ7he Pralect not provided elsewhere, such as enwiro nnenia111• responsible design or historic presetvallo); reguiremews.) § 1.1.8 The Owner identifies the following representative in accordance with Section 5.4: (List name, address and outer h formation.) Max Jensen, City of Meridian, 33 East Broadway Ave, Meridian, ID 83642 Phone: (208) 898-5500 ext. 13544 § 1.1.9 The persons or entities, in addition to the Owner's representative, who are required to review the Architect's submittals to the Owner are as follows: (List rrante, address and other h formation.) None anticipated. § 1.1.10 The Owner will retain the following consultants: (List tame, legal status, address and other hiformallon.) .1 Construction Manager: The Construction Manager is identified on the cover page, If a Construction Manager has not been retained as of the date of this Agreement, stale the anticipated date of retenllom 01 October 2013 ,2 Cost Consultant (if in addition to the Construction Manager): (If a Cosf Consultant is retained, appropriate references to The Cost Consultant should be inserted In Sectlons 3.2.6, 3.2.7, 3.3.2, 3.3.3, 3.4.5.3.4.6, 5.4, 6.3, 6.3.1, 6.4 and 11.6) None anticipated . AIADocument 9132TM— 2009 (formerly 914" Ma -1992). Copyright®1982 and 2009 bVTha American IacaNla of Architects. Al rights reserved, Inst. WARNING: This Ale Document IS protected by U.B. Copyright Law and international Trealles. Unauthorized reproduction or distribution of this AIA' 3 Document, or any portion of It, may result in severe civil and criminal penaltles, and will be prosecuted to the maximum oxtem possible undurtho law, Thfa documonl was produced by AIA software at 12;38:57 on 0012912013 under Order No,8811582830—1 which expires oh OM (2014, and is not fof resale. User Noles: - (724667480) s ,3 Land Surveyor: Retained by Architect. ,4 Geotechnical Engineer: Retained by Architect. .5 Civil Engineer: Retained by Architect. .8 Other consultants/vendors: (List any other consultants retahned by the Otwrer, such as a Project a• Program Manager, or scheduling consullant.) Furnishing, Fixtures and Equipment VendoriConsullunt(s) Shooting Range Target VendorlConsullant § 1,1,11 The Architect identifies the following representative in accordance with Section 2.3: (List name, address and other h for•Nrallon.) John Maulin, AIA Dave Davies, AIA CSHQA 200 Broad Street Boise, ID 83702 § 1,1.12 The Architect will retain the consultants identified in Sections 1.1.111 and 1,1.12.2: (List name, legal slants, address and other Inlarnnalion.) § 1.1.12.1 Consultants retained under Basic Services: .1 Structural Engineer: CSHQA .2 Mechanical Engineer: CSHQA .3 Electrical Engineee CSHQA § 1.1,12,2 Consultants retained under Additional Services: § 1.1.13 Other Initial Information on which the Agreement is based: Exhibit "A", "B" and "C" § 1,2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the schedule, the Architect's services and the Architect's compensation. AIA Document 0132"" — 2000 (formerly 0141e'CMa-1992). Copydghl ©1992 and 2009 by The Amudcan Insilluts of Architects. All rights reserved. Intl• WARNING: This AIA' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' 4 Document, or any portion of It, may result In severe civil and criminal penoltles, and wlll be prosecuted to the maximum extent possible under the law. Thla document was produced by AIA software at 12:3057 on 0 012 912 01 3 under Order No.8011502830_1 which expires on 02/04/2014, and is not for resale. User Notes: (724857489) ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide the professional services as set forth in this Agreement. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the some or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2,3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in AIA Document C132T111--2009, Standard Forni of Agreement Between Owner and Construction Manager. The Architect shall not be responsible for actions taken by the Construction Manager. § 2,4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.5 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.6 The Architect shall maintain the following insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits die Architect normally maintains, the Owner shall reimburse die Architect for any additional cost. § 2.6.1 Comprehensive General Liability with policy limits of not less than I million dollars ($ 1,000,000 ) for each occurrence and in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering owned and rented vehicles operated by the Architect with policy limits of not less than Not Applicable ($ ) combined single limit and aggregate for bodily injury and property damage. § 2,63 The Architect may use umbrella or excess liability insurance to achieve the required coverage for Comprehensive General Liability and Automobile Liability, provided that such umbrella or excess insurance results in the same type of coverage as required for the individual policies, § 2.6.4 Workers' Compensation at statutory limits and Employers Liability with a policy limit of nal less than 1 million dollars ($ 1,000,000 ). § 2,6.6 Professional Liability covering the Architect's negligent acts, errors and omissions in its performance of professional services with policy limits offiot less than 2 million dollars ($ 2,000,000 ) per claim and in the aggregate. § 2,6.6 The Architect shall provide to the Owner certificates of insurance evidencing compliance with the requirements in this Section 2,G. The certiftcalm will show the Owner as an additional insured on the Comprehensive General Liability, Automobile Liability, umbrella or excess policies. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3,1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Additional Services. § 3.1.1 The Architect shall manage the Architect's services, consult with the Owner and the Construction Manager, research applicable design criteria, attend Project meetings, communicate with members of the Project team and report progress to the Owner, § 3,1.2 The Architect shall coordinate its services with those services provided by the Owner, the Construction Manager and the Owner's other consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner, the Construction Manager, and the Owner's other consultants. AIA Document 9132TM — 2009 (formerly a141wCMa —19(12). Ccpydght ®1992 and 2009 by The American Institute of Arehllects. All lights noarved, Init WARNING: This Ale Document Is protected by U.S. Copyright Law and Inlemalioaal Trealies. Unauthorized reproduction or distribution of this AIA" 5 Document, or any portion of 14 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the low, This document was produced by AIA software at 12:36:57 an 00129/2013 under Order No.6811982830 1 which expires on 02/0412014, and is not for resale. Ueor Notes; 1724657489) The Architect shell provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit to (he Owner and the Construction Manager a schedule of the Architect's services for inclusion in the Project schedule prepared by the Construction Manager. The schedule of the Architect's services shall include design milestone dates, anticipated dates when cost estimates or design reviews may occur, and allowances for periods of time required (1) for the Owner's review, (2) for the Construction Manager's review, (3) for file performance of the Owner's consultants, and (4) for approval of submissions by authorities having jurisdiel ion over the Project. § VA The Arch itect shall submit information to the Construction Manager and participate in developing and revising the Project schedule as it relates to the Architect's services. § 3.1,6 Once the Owner and the Architect a(,mee to the time limits established by the Project schedule, the Owner and the Architect shall not exceed them, except for reasonable cause. § 3.1.6 The Architect shall not be responsible for an Owner's directive or substitution, or for the Owner's acceptance of nun -conforming Work, made without The Architect's approval. § 3,1.7 The Architect shall, at appropriate times, in coordination with the Construction Manager, contact the governmental authorities required to approve the Construction Documents and the entities providing utility services to the Project. In designing the Project, the Architect shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility services. § 3,1.8 The Architect shall assist the Owner and Construction Manager in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3,2 Schematic Design Phase Services § 3.2.1 The Architect shall review the program and other information furnished by the Owner and Construction Manager, and shall review laws, codes, and regulations applicable to the Architect's services. § 3,2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of the Work, Project site, and the proposed procurement or delivery method and other Initial Information, each in terms of the other, to ascertain Elie requirements of the Project. The Architect shall notify the Owner of (1) any Inconsistencies discovered in the information, and (2) other Information or consulting services that may be reasonably needed for the Project, § 3.2.3 The Architect shall present its preliminary evaluation to The Owner and Construction Manager and shall discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project, including the feasibility of incorporating environmentally responsible design approaches. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2,4 Based on the Project requirements agreed upon with the Owner, (lie Architect shall prepare and present to the Owner and Construction Manager, for the Owner's approval, a preliminary design illustrating the scale and relationship of the Project components. § 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner's approval and die Construction Manager's review, The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective ~ketches, or digital modeling. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described In writing. § 326.1 The Architect shall consider environmentally responsible design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with die Owner's program, schedule and budget for the Cost of the Work The Owner may obtain other environmentally responsible design services under Article 4, NA Document 11132m —2009 (formerly 11141 MCIAO —1992), Copyright 01992 and 2009 by The American Institute of Architects. All rights rosorved. Inst. WARNING; This AIA" Documont is protected by U.B. Copyright Law and International Treaties. Unauthorized reproduction ordtafrtbullon of title AIA' 6. Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to tho maximum extent possible under the law, ( This documant was produced by AlAsoawero at 12:36!57 on 0&2912013 under Order ND.6811582830_l which expires on O2J0412014, and la not for resale. User Notas: (724657489) § 3.2,5,2 The Architect shall consider with the Owner and the Construction Manager the value of altemative materials, building systems and equipment, together with other considerations based on program and aesthetics in developing a design for the Project that is consistent with the Owner's schedule and budget for the Cost of the Work. § 328 The Architect shall submit the Schematic Design Documents to the Owner and the Construclion Manager. The Architect shall meet with the Construction Manager to review the Schematic Design Documents. § 3.2.7 Upon receipt of the Construction Manager's review comments and cost estimate at life conclusion of the Schematic Design Phase, the Architect shall take action as required under Section 6.4, identify agreed upon adjustments to the Project's size, quality or budget, and request the Owner's approval of the Schematic Design Documents. If revisions to the Schematic Design Documents are required to comply with the Owner's budget for the Cost of the Work at the conclusion of the Schematic Design Phase, the Architect shall incorporate the required revisions in the Design Development Phase. § 3.2.81n the further development of (he Drawings and Specifications during this and subsequent phases of design, the Architect shall be entitled to rely on the accuracy of the estimates of the Cost of the Work, which are to be provided by the Construction Manager under the Construction Manager's agreement with the Owner, § 3.3 Design Development Phase Services § 3.3.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work pursuant to Section 5.4, the Architect shall prepare Design Development Documents for the Owner's approval and the Construction Manager's review, The Design Development Documents shall be based upon information provided, and estimates prepared by, the Construction Manager and shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and such other elements as may be appropriate. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels, § 33,2 Prior to die conclusion of the Design Development Phase, the Architect shall submit the Design Development Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Design Development Documents, § 3,13 Upon receipt of the Construction Manager's Information and estimate at the conclusion of the Design Development Phase, the Architect shall take action as required under Sections 6.5 and 6.6 and request die Owner's approval of the Design Development Documents. § 3,4 Construction Documents Phase Services § 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval and the Construction Manager's review. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist ofDrawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that in order to construct the Work the Contractor tvill provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental authorities having jurisdiction over the Project. § 3.4.3 During the development of the Construction Documents, if requested by the Owner, the Architect shall assist the Owner and the Construction Manager in the development end preparation of (1) bidding and procurement information that describes the time, place and conditions of bidding, including bidding or proposal forms; (2) the form J, of agreement between the Owner and Contractor; and (3) the Conditions of the Contruct for Construction (General, 1 Init AIA Document 13132k — 2009 (formerly 8741^bMs-1992(.Copyright®1992 and 2000 hy7he American Institute efArchitscls.All rights reserved. s WARNING: This AIA Document is protected by Me, Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIA 7 Document, orany, portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extant possible under the low. t This document was produced by AIA software at 12:36:57 on 0812912011 under order No.8011502800 1 which expires on 02/0412014, and Is not for resale. User Notes: (724667499) Supplementary and other Conditions); and (4) compile a project manual that includes the Conditions of the Contract for Construction and may include bidding requirements and sample forms, § 3,4.4 Prior to the conclusion of the Construction Documents Phase, the Architect shall submit the Construction Documents to the Owner and the Construction Manager, The Architect shall meet wills the Construction Manager to review the Construction Documents. § 3.4.5 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Construction Documents Phase, the Architect shall take action as required under Section 6.7 and request the Owner's approval of the Construction Documents. § 3.5 Bidding or Negotiation Phase Services § 3.5.1 General The Architect shall assist the Owner and Construction Manager in establishing a list of prospective contractors. Following file Owner's approval of the Construction Documents, The Architect shall assist the Owner and Construction Manager in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and (4) awarding and preparing contracts for construction. § 3,6.2 Competitive Bidding § 342.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5,2.2 The Architect shall assist the Owner and Construction Manager in bidding the Project by .1 facilitating the reproduction of Bidding Documents for distribution to prospective bidders, .2 participating in a pre-bid conference for prospective bidders, and .3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents in the form of addenda, § 3.5,2.3 The Architect shall consider requests for substitutions, if the Bidding Documents permit substitutions, and shall consult with the Construction Manager and prepare find distribute addenda identifying approved substitutions to all prospective bidders. § 3.5.3 Negotiated Proposals § 3.5.3.1 Proposal Documents shall consist of proposal requirements, and proposed Contract Documents. § 3.5.3.2 The Architect shall assist the Owner and Construction Manager in obtaining proposals by .1 facilitating life reproduction of Proposal Documents for distribution to prospective contractors, and requesting their return upon completion of the negotiation process; ,2 participating in selection interviews with prospective contractors; and ,3 participating in negotiations with prospective contractors. § 3.5,3.3 The Architect shall consider requests for substitutions, if the Proposal Documents permit substitutions, and shall consult with the Construction Manager and prepare and distribute addenda identifying approved substitutions to all prospective contractors, § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A232TaI-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. If the Owner and Contractor modify AIA Document A232--2009, those modifications shall not affect the Architect's services under this Agreement unless the Owner and The Architect amend this Agreement. § 3.6.1,2 The Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection wide the Work, AIA Document 6132ar-2008 (formerly 13141TMCMa-1002). CopydghlO 1002 and 2000 by The American Institute of Architects. All rights reserved, Intl. WARNING; This AIAe Document Is protected by V.S. Copyright Law and Internallonal Treatioa. Unauthorized reproduction or distribution of this AIA* Document, or any portion of 11, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. I This document was produced by AIA software at 12:38:57 on 00/2812013 under Order No.8811582830_-1 whiohexplies on 021012014, and is not for regale, User Notes: (724857489) nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Construction Manager, or the Contractor or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.3, the Architect's responsibility to provide Construction Phase Services commences with the award ofthe Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3,6,2 Evaluations of the Work § 3.0.2,1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating dial the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to snake exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner and the Construction Manager (1) known deviations from the Contract Documents and from the most recent construction schedule, and (2) defects and deficiencies observed in the Work. § 3.612 The Architect has the authority to reject Work that does not conform to the Contract Documents and shall notify, the Construction Manager about the rejection, Whenever the Architect considers it necessary or ndvlsable, the Architect, upon written authorization from the Owner and notification to the Construction Manager, shall have the authority, to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. § 3.6.2,3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of the Construction Manager, Owner, or Contractor through the Construction Manager. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6,2,4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.6 Unless the Owner and Contractor designate another person to serve as an Initial Decision Mnker, as that term is defined in AIA Document A232-2009, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3,6.3 Certificates for Payment to Contractor § 3.6,3.1 The Architect shall review and certify an application for payment not more frequently than monthly. Within seven days after the Architect receives an application for payment forwarded from the Construction Manager, the Architect shall review and certify the application as follows: .1 Where there is only one Contractor responsible for performing the Work, the Architect shall review the Contractor's Application and Certificate for Payment that the Construction Manager has previously reviewed and certified. The Architect shall certify the amount due the Contractor find shall issue a Certificate for Payment in such amount. ,2 Where there arc Multiple Prime Contractors responsible for performing different portions of the Project, the Architect shall review a Project Application and Project Certificate for Payment, with a Summary of Contractors' Applications for Payment, that the Construction Manager has previously prepared, reviewed and certified. The Architect shall certify the amounts due the Contractors and shall issue a Project Certificate for Payment in the total of such amounts. AIA Document 613201 — 2009 (formerly 131417sCNla-1092(. Copyr1ghl01992 end 2009 by The American Inalltulo of Architects. All rights reserved. Inst. WARNING; This AIAo Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the low, f Thle documenlwas produced by AIA software at 12:38:57 on 0 012 9120 13 under Order No. 8811682830_) which exploit; on 0210412014, and Is not for resale. User Notes; (724657480) § 3.6,3.2 The Architect's certification for payment shall constitute a representation to the Owner, based on(]) the Architect's evaluation of the Work as provided in Section 3.6.2, (2) the data comprising the Contractor's Application for Payment or the data comprising the Project Application for Payment, and (3) the recommendation of the Construction Manager, that, to thebest of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantia) Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § 3,613 The issuance of a Certificate for Payment or a Project Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose The Contractor has used money previously paid on account of the Contract Stan. § 3.6.3.4 The Architect shall maintain a record of the applications and certificates for payment. § 3.6.4Submlttals § 3,6:4.1 The Architect shall review file Construction Manager's Project submittal schedule and shall not unreasonably delay or withhold approval. The Architect's action in reviewing submittals transmitted by the Construction Manager shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal . schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. § 3,6.4.2 In accordance with die Archhecl-approved Project submittal schedule, and atter the Construction Manager reviews, approves and transmits the submittals, the Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of detennining the accuracy and completeness of other information such as dimensions, quantities, and Installation or performance of equipment or systems, which are the Contractor's responsibility, no Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3,6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review shop drawings and other submittals related to file Work designed or certified by the design professional retained by the Contractor that bear such professional's seal and signature when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals. § 3.6.4.4 After receipt of the Construction Manager's recommendations, anti subject to the provisions of Section 4.3, the Architect shall review and respond to requests for information about the Contract Documents. The Architect, in consultation with the Construction Manager, site)[ set forth in the Contract Documents the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness, If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications In response to requests for information. § 3,6,4.5 The Architect shall maintain a record of submittals slid copies ofstibmittnls transmitted by the Construction Manager in accordance with the requirements of the Contract Documents. AIA Document 0132w— 2008 (formerly a141�"OMe —1992), Copyright* 1902 and 2000 by The American Institute of Architects, All rights roes Ned. hill, AIA Thls AIAa Document Is protected by U.S. Copyright Low and International Trea9es, Unputhorlrod reproduction or distribution of this AJA® 10 Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. J This document was produced by AIA soMsem at 12:30;57 on 0812912013 under order No.8611082830.1 which expires on 02/0412014, and Is not for resafe. User Notes: (724857489) § 3.6.5 Changes In the Work § 3.6.5,1 The Architect shall review and sign, or take other appropriate action, on Change Orders and Construction Change Directives prepared by the Construction Manager for lire /Tuner's approval and execution in accordance with the Contract Documents. § 3.8,5.2 The Architect may authorize minor changes In the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Such changes shall be effected by written order issued by the Architect through the Construction Manager. § 3,643 TheArchitect shall maintain records relative to changes in the Work. § 3.6.6 Project Completion § .3.8,6,1 The Architect, assisted by the Construction Manager, shall conduct inspections to determine the date or dates of Substantial Completion and the dale of final completion; issue Certificates of Substantial Completion prepared by the Construction Manager; receive from the Construction Manager and review written warranties and related documents required by the Contract Documents and assembled by the Contractor; and, after receipt of a final Contractor's Application and Certificate for Payment or a final Project Application and Project Certificate for Payment from the Construction Manager, issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 3.6,6.2 The Architect's inspections shall be conducted with the Owner and Construction Manager to check conformance of the Work with dterequirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Construction Manager and Contractor of Work to be completed or corrected. § 3.6.6,3 When the Work is found to be substantially complete by the Construction Manager and Architect, and after certification by the Construction Manager and lite Architect, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be pnid the Contractor, including the amount to be retained from the Contract Sun, if any, for final completion or correction of the Work. § 3.6.6,4 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. (Designate the Additional Services the Ambllecl shall provide in the second coluutn,ojdre table below, lir Are third cohrmn hidicale whether the sehvice description is located in Section 4.2 or hi ml attached erhlbit. If in an exhibit, ldenl(ry the edhibir) Services _ Responsibility (Arrhilecl, Onvrer or Nor Provided) Location of Service Description (Section 4.2 helow or hi an exhibit alfachedlo tris doctunent and ldenrilled belon) 4,1.1 Pra rammin Architect Exhibit "A' 4.1.2 Multi le reliminary designs_ ___ Architect Exhibit "A' 3 Measured drawilis Architect Exhibit "A' ExI ling in facilities surveys Architect Exhibit "A' 4.1.5 Site evaluation and planning Q2203Tm-2007) Architect I Exhibit "A' 9,1.8 Buildin information modelin Not included 4.1.7 Civil en ineering Architect Exhibit "A' 4.1,8 Landscape design Architect Exhibit "A' 4.1,9 Architectural interior design (B252Tm-2007) _ Architect Exhibit "A' 4,1.10 Value analysis B2041111-2007) CM § 4.1,11 Detailed cost estimating CM InIL AtADocumen1813279-2009(formerly 8141"CMA-1992). Copydght01092 and 2000 by The American Nstltule of prchilecis. All rights raeoned. " WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIA 11 Document, or any portion of It, may result in severe civil and criminal penalties, and war be prosecuted to the maximum extent possible under the low. I This document was produced by AIA software at 12:36:57 on OW912013 under Order No.8811682830_1 which expires on 02104/2014, and Is not for resale. User Notes: (724657489) 4.1.12 On-site project representation B207Th1-2005) CM 4.1.13 Conformed construction documents Architect Exhibit "A' 4,1.14 As -designed record drawings Architect Exhibit "A' 4,1.15 As -constructed record drawings Architect Exhibit "A' 4L15 Post occupancy evaluation Not included 4,1,17 FacilitZ support services (B2l OT"t-2007 Not included 41.15 Tenant -related services Not included 4.1.19 Coordination of Owner's consultants Architect Exhibit"A' 4.1.20 Teleeolnmunications(dala design Architect Exhibit "A' 4.1.21 Seeuri evaluation and planningB206T"1--2007) Not included 4.1.22 Commissioning B21 ITht-2007 Architect Exhibit "C"— Option 3 - Base Scope with all add alternates 4,1,23 Extensive environmentally responsible design Not included § 4.1,24 LEE 'certification B214TA1-2007 Not included _ 4.1.25 Historic Dregervation B205TH-2007 Not Included § 4,1,25 Furniture, furnishings, and equipment design (B253TM-2007) Owner § 4.2 Insert a description of each Additional Service designated in Section 4.1 as the Architect's responsibility, if not further described in an exhibit attached to this document. Exhibit "A" and "C" § 4.3 Additional Services may be provided after execution of this Agreement, without invalidating the Agreement, Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.3 shall entille the Archilect to compensation pursuant to Section 113 and an appropriate adjustment in the Architect's schedule. § 4.3.1 Upon recognizing the need to perforin the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts find circumstances giving rise to the need. The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: ,1 Services necessitated by a change in the Initial Information, previous instructions or recommendations given by the Construction Manager or the Owner, or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, building systems, the Owner's schedule or budget for Cost of the Work, constructability considerations, procurement or delivery method, or bid packages in addition to those listed in Section 1.1.6; .2 Making revisions in Drawings, Specifications, or other documents (as required pursuant to Section 6.7), when such revisions are required because the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget, except where such excess is due to changes initiated by the Architect in scope, capacities of basic systems, or the kinds and quality of materials, finishes or equipment; .3 Services riccessituled by the Owner's request for extensive environmentally responsible design alternatives, such as unique system designs, ht -depth material research, energy modeling, or LEEDk certification; ,4 Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes, laws or regulations or official interpretations; .5 Services necessitated by decisions of the Owner or Construction Manager not rendered in a timely manner or any other failure of performance on the part of the Owner, Construction Manager or the Owner's other consultants or contractors; ,5 Preparing digital data for transmission to the Owner's consultants and contractors, or fo other Owner authorized recipients; ,7 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner or Construction Manager; ( ,5 Preparation for, and attendance a1, a public presentation, meeting or hearing; [nil AIA Document B1327e —2009 (formerly R1417mCMa-1902). Copyrlgh1451992 and 2008 by The American Inslllule of Architects, All rights reserved. _ WARNING, This AIA Document Is protected by U.9, Copyright Lew and IntornationaI Tissues, Unauthorized reproduction or distribution of this AIA' 12 Document, or any portion of It, may result In severe civil and criminal penalties, and will boproseculed to the maximum extent possible under the low. This document was produced by AIA software at 12:36:67 on 0 812 91 2 01 3 under Order No.9811502030 1 which explrea on 02/0412014, and is not for resale. User Notes: (724657489) .9 Preparation fbr, and attendance at a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; ,10 Evaluation of the qualifications of bidders or persons providing proposals; .11 Consultation concerning replacement of Work resulting from fire or other cause during construction; or .12 Assistance to the Initial Decision Maker, if other than the Architect. § 43.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner Willi reasonable promptness, and explain the facts and circumstances giving rise to The need. If the Owner subsequently determines that all or parts of those services are not required, the Owner shall give prompt written notice to the Architect, and the Owner shall have no further obligation to compensate the Architect for those services: .1 Reviewing a Contractor's submittal out of sequence from the initial Project submittal schedule agreed to by the Architect; ,2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner -provided information, Contractor -prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders, and Construction Change Directives that require evaluation of Contractor's proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; .5 Evaluating substitutions proposed by the Owner, Construction Manager or Contractor and milking subsequent revisions to Instruments of Service resulting Therefrom; or .6 To the extent The Architect's Basic Services are affected, providing Construction Phase Services 60 days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion, identified in Initial Information, whichever is earlier. § 4.3.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services, When The limits below are reached, the Architect shall notify the Owner: .1 Two ( 2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractor .2 Once every two weeks ( ) visits to the site by the Architect over the duration of the Project during construction .3 Two ( 2 ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 Two ( 2 ) inspections for any portion of the Work to determine final completion § 4.3.41f the services covered by this Agreement have not been completed within Twenty four ( 24 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide infornralion in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements. Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 5.2 The Owner shall retain a Construction Manager to provide services, duties and responsibilities as described in AIA Document CI32-2009, Standard Form of Agreement Between Owner and Construction Manager, The Owner shall provide the Architect a copy of the executed agreement between the Owner and the Construction Manager, and any further modifications to the agreement. § 5.3 The Owner shall furnish the services of a Construction Manager that shall be responsible for creating the overall Project schedule, The Owner shall adjust The Project schedule, ifnecessary, as the Project proceeds, § 5.4 The Owner shall establish and periodically update The Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1, (2) the Owner's other costs, and (3) reasonable contingencies AIA Document 91321x- 2009 (formerly 9141TMCMe-1992). Copyr1ghI C 1962 and 2009 by The American Inslllule of Archllacts. All dghh, reserved.. Init. WARNING: This Afg document Is protected by U.S. Copyright Law and Inlernallonal Trestles. Unauthorized reproduction or distribution of this AIA' is Document, or any portion of It, may result In sevoro elvll and criminal penalties, end will be prosecuted to the maximum extent possible under the law, This document was produced by AIA sollwaro at 12:36:67 on 0&2012013 under Order No.8811682830 1 which expires on 07104/2014, and Is not for reselo. User Notes: (724667489) related to all of these costs. The Owner shnll furnish the services of a Construction Manager that shall be responsible for preparing all estimates of the Cost of the Work, If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect and the Construction Manager. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the budget for the Cost of the Work or !it the Project's scope and quality. § 5.4.1 The Owner acknowledges that accelerated, phased or fast-track scheduling provides a benefit, but also carries with it associated risks. Such risks include the Owner incurring costs for the Architect to coordinate and redesign portions of the Project affected by procuring or installing elements of the Project prior to the completion of all relevant Construction Documents, and costs for the Contractor to remove and replace previously installed Work. If the Owner selects accelerated, phased or fast-track scheduling, the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 5.5 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project, The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5,6 The Architect shall flimish surveys to describe physical characteristics, legal limitations and utility locations for the site of die Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, Including inverts and depths. All the information on the survey shall be referenced to a Project benchmark, § 5.7 The Architect shall furnish services of geotechnicnl engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations, § 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance and outer liability insurance as appropriate to the services provided. § 5.8 The Architect shall famish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests far air and water pollution, and tests for hazardous materials, § 5,10 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.11 The Owner shall provide prompt written notice to tine Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service, § 5.12 Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Construction Manager, and shall contemporaneously provide the same communications to the Architect about matters arising out of or refuting to the Contract Documents, Communications by and with the Architect's consultants shall be through the Architect. § 5.13 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. AIA Document G132n' — 200911ormorly 0141-CMa-1992). Capydght O 1002 and 2009 by The American Institute of ArclOeals. An rlghta reserved. Init WARNING: This AIAa Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or dlstdbutlon or this AIA' 14 Document, or any portion of It may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, I T Is document was produced by AIA software at 12:30;57 an M2912013 under Order No.00110a2g30_1 which expires on 02104!2014, and Is not for resale, User Noles: t724e57489) § 5.14 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager and Contractor to provide the Architect access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the contractors' general conditions costs, overhead and profit. The Cost of the Work includes The compensation of the Construction Manager and Construction Manager's consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights -of way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project as required under Sections 5.4 and 6,4. Evaluations of the Owner's budget for the Cost of the Work represent the Architect's judgment as a design professional. § 63 The Owner shall require tile Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services, The Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager's inaccuracies or incompleteness in preparing cost estimates. The Architect may review the Construction Manager's estimates solely for the Architect's guidance in completion of its services, however, the Architect shall report to (he Owner any material inaccuracies and inconsistencies noted during tiny such review. § 6.3.1 If the Architect is providing detailed cost estimating services as an Additional Service, and a discrepancy exists between the Construction Manager's cost estimates and the Architect's cost estimates, the Architect and the Construction Manager shall work cooperatively to conform the cost estimates to one another, § 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect, in consultation with the Construction Manager, shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget, and the Owner shall cooperate with the Architect in making such adjustments. § 6.61f the estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds Ilse Owner's budget for die Cost of the Work, the Owner shall .1 give written approval of an increase in lite budget for the Cost of the Work; ,2 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of lite Work; or .3 implement any other mutually acceptable alternative. § 6.6Ifthe Owner chooses to proceed under Section 6.5.2, the Architect, without additional compensation, shall incorporate the required modifications in the Construction Documents Phase as necessary to comply with the Owner's budget for the Cost of life Work at the conclusion of the Design Development Phase Services, or the budget as adjusted under Section 6.5.1. The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility as a Basic Service under this Article 6. § 6.7 After incorporation of modifications under Section 6.6, the Architect shall, as an Additional Service, snake any required revisions to the Drawings, Specifications or other documents necessitated by subsequent cost estimates that exceed the Owner's budget for the Cost of the Work, except when the excess is due to changes initiated by the Architect in scope, basic systems, or the kinds and quality of materials, finishes or equipment. ARTICLE 7 COPYRIGHTS AND LICENSES § 7,1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party Is the copyright owner of such information or has permission from the copyright owner to transmit AIA Document 8132'*+— 2009 (formerly B14"CNa«1992), CopyrighlO 1002 and 2009 by The American Institute of Arcldleats. All rights reserved, �- Init, WARNING; This AIA' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distributional this Ale 15 Document, or any portion of It, may result in covers Civil and arlrrllnal penalties, and will bo proeeouted to the maximum extent possible under the low. l This document was produced by AIA solwmm at 12:96:57 an aer29l2013 under Order Nagai 1652830_1 which expires on (00412014, and Is not for resole. User Notes: (724657489) such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. § 7,2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights, Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 7,3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants Consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Construction Manager, Subcontractors, Sub -subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of.Service solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 73 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if The Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement, The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1,1 The Owner and Architect shall commence all claims and causes of action, whether In contract, torl, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth In AIA Document A232-2009, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the Construction Manager, contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect shall indemnify and hold the Owner and the Owner's officers and employees harmless from and against damages, fosses and judgments arising from claims by third patties, including reasonable attorneys' fees and expensesrecoverable under applicable low, but only to the extent they are caused by the negligent acts or omissions of the Architect, its employees and its consultants in the performance ofprofessional services under this Agreement. The Architect's duty to indemnify the Owner under this provision shall be limited to the available proceeds of insurance coverage. AIA Document 813X--2009 (formerly 8141 mCMa-1992). Copyright 01092 and 2009 by the American Inslilula of A(chlleols. All rlghte reserved. Init. WARNING: This AIA(' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' 16 Document, or any portion of It, may result In severe civil and criminal pan allies, and Will be prosecuted to the maximum extent possible under rho law. 1 This document was produced byAlA soflwom at 12:30:67 on 08129/2013 under Order NO.e911682630 1 which expires an 07104/2014, and is not for (goals. User Notes: _ (724667469) § 8.1,4 The Architect and Owner waive consequential damages for claims, disputes or other (natters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 Mediation § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. if such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other platters in question between them by mediation which, finless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or otter appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from die dale of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon it schedule for later proceedings. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally, The mediation shell be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof; § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box. Iflhe Owner and ArchHecl do nol se(ecl a nrelhod oJ'bbtdbmg dispi le resahition below, of- do rdo not subsequently agree In writing to a binding dispirle resolution method cher Num litigation, the dispute will be resolved in a court ofcompere tfia isdiclion,) [ ] Arbitration pursuant to Section 8.3 of this Agreement [ X ) Litigation in a court of competent jurisdiction [ ] Other; (SpeciJjJ (Paragraphs deleted) ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 if the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Befbre resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9,21f the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in die interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the lime schedules shall be equitably adjusted. AIA Document 6132%-2009 (formedy B1411eCMa-1902), Copyright rm 1992and 2009 by Tho American Institute of Archilecls. All rights reserved. Init. wARNIM This A19 Document Is protected by UA Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIA° 17 Document, or any portion of n, may result In severe civil and criminal penalties, and will be prosecuted to the maxlmum extent possible under the law. t This document was produced by AlA software at 1236;87 do 08!2OV2013 under Order Noebl1552830_l which expires on 090412014, and is not for resale, User Notes: (724887409) § 9.31f the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminale this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perforin in accordance with The terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect fnr the Owner's convenience and without cause, § 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7. § 9,7 Termination Expenses are in addition to compensation for the Architect's services and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. § 9,8 The Owner's rights to use the Architect's Instruments of Service In the event of a termination of this Agreement are set forth in Article 7 and Section 11.9. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10,1 This Agreement shall be governed by the law in Idaho, § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A232-2009, General Conditions of the Contract for Construction. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. § 10.41f the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to lite requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 10,5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action !it favor of a third party against either the Owner or Architect. § 10,6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic orarlistic representations of the design of the Project among the Architect's promotional and professional materials, The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary, The Ownershall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 10.81f the Architect or Owner receives information specifically designated by the other party as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to AIA uocument a132-" — 2099 (formerly U1411"CMa— 1982(, copyright IV 1992 and 2009 by The American Inslllule ofAfohliecle. All rights reserved, Inst. WARNING: This AIA° Document Is protected by U.B. Copyright Law and Intomatlonal Troalloe. Unauthorized reproduction or distribution of this ASA': 18 Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the low. This document was produced by AIA software a[ 12:36:37 on 0 812 912 0 1 3 under Order No.881168203q. t which expires on 07!04/2014, and is not for resale. User Notes: (724657400) perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, and Programming/Master Planning and Specialty Service and Commissioning the Owner shall compensate the Architect as follows: (Insert/ aarourlr oJ,' or basis for, compensation.) Fixed Fee Stipulated Stan of $417,610 plus Reimbursable Expenses. This fixed fee amount includes it Fixed Fee of $24,075 for Programming/Master Planning Services per Exhibit "A" and $20,635 for Commissioning per Option 3 found in Exhibit "C". § 11.2 For Investigative Services as described in Exhibit "A", Services described under part 5.6, 5.7 and 5.9 of this agreement and any other services not specifically designated In Section 4, 1, the Ownei shall compensate the Architect as follows: (Insert amount of, or baxIxfor•, compensation. If necessary, list specific• services to which particular methods oJ' colnpemytillon apply.) Negotiated Fixed Fee. § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation) Negotiated Fixed Fee. § 11.4 Compensation for Additional Services of the Architect's consultants when not included in Sections 11.2 or 11.3, shall be the amount invoiced to the Architect plus Zero percent ( 0 %), or as otherwise stated below: § 11.5 Compensation for PrograniminglMaster planning shall be a Fixed fee as listed in section 11.1 above. Where compensation for Basic + Specialty Services is based on a stipulated sum or percentage of the Cost of the Work, Iho compensation for each phase of services shall be as follows: Schelnotie Design Phase Ten percent ( 10 %) Design Development Phase Twenty -Five percent ( 25 %) Construction Documents Phase Thirty -Five percent ( 35 %) Bidding or Negotiation Phase Five percent ( 5 %) Construction Phase Twenty -Five percent ( 25 %) Total Basic Compensation one hundred percent ( 100 %)' The Owner acknowledges that with an accelerated Project delivery or multiple bid package process, the Architect may be providing its services in multiple Phases simultaneously. Therefore, the Architect sball be permitted to invoice monthly in proportion to services performed in each Phase of Services, as appropriate. § 11.6 When compensation is based on a percentage of the Cost of the Work and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services tire performed on those portions, in accordance with the schedule set forth in Section 11.5 based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent estimate of the Cost of the Work prepared by the Construction Manager for such portions of the Project. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. / § 11.7TIre hourly billingrates for services of the Architect and the Architect's consultants, if any, are set forth below. \ The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. AIA Document 813270— 2009 (formerly of 41TMC01a-1092). CopyrightO 1992 and 2008 by The American Institute of Archilecls. All rights roserved, Init. WARNING: This Ale Document is protected by U.B. Copyright Low and International Treaties. Unauthorized reproduction or distribution o1 this AIA' 19 Doovment, or any portion of It, may rasultln severe civil and criminal penalties, and will be prosecuted to the maximum orient possible under the Inw. This document was produced by AIA sallware at M36:67 on 0&2912013 under Order No.8811682830 1 which expires an 0210412614• and Is not for resaio. User Notes: (724667489) (If applicable, ailach an exhibit oJ'hour111 billing rates or brserl then below;) See Exhibit "B", Employee or Category Rate ($0.00) § 11.8 Compensation for Reimbursable Expenses § 11,8,1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 .2 ,3 Fees paid for securing upproval of authorities having jurisdicllon over the Project; .4 Printing, reproductions, plots, standard form documents; ,5 Postage, handling and delivery; ,6 Expenseof overtimework requiring higher than regular rates, ifaulkarized in advance in writing by the Owner; ,7 Renderings, models, mock-ups, professional photography, and presentation materials requested in writing by the Owner; .8 .9 All taxes levied on reimbursable expenses; .10 ,11 § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus Zero percent ( 0 %) of the expenses incurred, § 11,9Componeatlon for Use of Architect's Instruments of Service If the Owner terminates the Architect for its convenience under Section 9,5, or the Architect terminates this Agreement under Section 9.3, the Owner shall pay a licensing fee as compensation for the Owner's continued use of the Architect's Instruments of Service solely for purposes of completing, using and maintaining the Project as follows: 10% of total fee earned to date § 11,10 Payments to the Architect § 11.10.1 An initial payment of ($ 0.00 ) shall be [Wade upon execution of this Agreement and is The minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services perforated. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid (30) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Awrl rale of momhly or amoral Interest agreed upon.) 00 %Zero § 11,10,3 The Owner shall not withhold amounts from die Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for die cost of changes in the Work unless life Architect agrees or has been found liable for the amounis in a binding dispute resolution proceeding, § 11.10,4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: AIA DOOunlent 8132^' Inil, WARNING; This Ale I softwore at 12:30:67 on 08120=13 under Ordor No.8811682830„1 whfoh expires on 0210412014, and of this AIA" ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. § 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document 132TM-2009, Standard Form Agreement Between Owner and Architect, Construction Manager as Adviser Edition (Paragraphs deleted) .2 Other documents: (List other documents, if any, including additional scopes ofservice folmting part of the Agreement) Exhibits "A", "B" and "C" This Agreement is entered into as of the day and year first 07 WNTR-((7-;�� Mayor Tammy de Weerd (Printed name and title) Init. AIA Document B132®e— 2009 (formerly B141TMCMa-11992). and 2009 by The Amerloan lnslhule of Architects. All rights reserved. WARNING: This Al As Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIq 21 Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to tha maximum extent possible under the law. This document was produced by AIA software at 13:53:58 on 08/29/2013 under Order No.8811582830-1 which expires on 0210412014, and Is not for resale. User Notes: (1839838857) 200Broad St.•BDIse,ID 83702 0:(208)343-4635 F:(208)343-1858 August12,2013 Max S. Jensen Capital Projects Manager City of Meridian 33. E. Broadway Ave, Ste 200 Meridian, ID 83642 Re: Meridian Police Department Public Safety Training Facility Meridian, Idaho Dear Max: CSHQA, a professional association is pleased to submit this proposal for architectural and engineering design services for the above referenced project. Our goal for this submittal Is to provide information regarding our understanding of the project and our proposed scopes of services and associated fees. We have tailored this proposal to align with our previous discussions with your team and specifically to the discussion held at your offices on August 8, 2013. As discussed we have assumed The City will be using an AIA agreement for our contract. Architectural and_Eneineerine Desien services includine: a) Architectural: 1) Project Management it) Architectural iii) Interior Design iv) Landscape b) Engineering: I) Civil ii) Structural if) Mechanical iv) Electrical v) Data/communication We understand the general project goal for the facilities is to accommodate staffing and training needs for the next 20 years. Landscaping and site work will be included in the design and previously developed Business Plan and Conceptual designs will be referenced as design guides with clarifications provided by City. Programming and Master Planning 1. Meet with City of Meridian for programming and master planning concept discussions for a Public Safety Training Center to include a 30,500 +/sq, ft. Police Multi -use Indoor Training Center, The facility(s) shall include, but not be limited to the following: a. An indoor tactical shooting range with 15 -lanes, 50 -yards long with steel bullet containment traps. b. The range will have moving and static targeting systems, access door(s) to allow the use of vehicles, smoke and fog machine for live training. c. Separate and secure classrooms. d. Mat room for defensive tactics training. e. K-9 training facilities. £ An ISC simulator room. g. A server room for the City's Information Technology Department components. h. Security card swipes at access points throughout the facility(s) for gate access and door entries, 1. Security fencing will be required around the facility(s) and the facility(s) will need to have wireless service inside and outside. J. The facility(s) grounds will include an outdoor scenario village for foot and vehicular training. people who listen —design that speaks www.cshga.com EEOMEmplayei Max S. Jensen, Capital Projects Manager Page 2 of 5 August 12,2013 2. Verify (or obtain) existing survey, building and site plans, and document the existing conditions. 3. Secure a Geotechnical Report. 4. Secure Environmental Compliance Response letters as required by City of Meridian Stonnwater Management Program. S. Conduct site analysis, including zoning regulations. 6. Assist City of Meridian to select and retain a Construction Manager (CM). 7. Assist City of Meridian to select and retain a shooting range target vendor. 8. Conduct a workspace analysis of the existing building to determine potential reconfiguration for needs. 9. Prepare tabular building program - list desired areas and spaces, square footage requirements, volume requirements, staff/occupant tally, space quality needs, access, and other pertinent design related information. 10. Create deliverables a. Master Plan Site layout diagram including a project description narrative. b. Written tabular building and site program. c. Drawing: Test fit programmatic design drawing of potential building and site issues. d. Provide probable cost evaluation and probable project schedule, Schematic Design 1. Meet with City of Meridian and CM to create schematic design for specific buildings and site development. 2. Prepare design/sketch plans for City of Meridian comments. 3. Meet with and coordinate requirements of the City of Meridian Community Development Services into Schematic Design. 4. Meet with City of Meridian and CM to coordinate design consultants: Civil, Landscape Architect, Range Supplier, Structural, Mechanical, Electrical, and other consultants as required. 5. Prepare design/sketch plans for City of Meridian preliminary approval. 6. Meet with City of Meridian to review Schematic Design, 7. Assist the CM in creating the preliminary construction budget/estimate and project schedule. 8, Attend and present conceptual plan(s) and budget(s) at City Council meetings as needed. 9. Create deliverables: a. Drawing: Schematic Design Plans and Site Development Drawings. b. Schematic design project description narrative. c, Writtentabularbuildingandsiteprogram—update. Design Development 1. Refine drawings to include most of the general information needed to complete Construction Documents, a) Scenario Village will be limited to: curb, gutter, sidewalk, roads, electrical distribution, sheet lights, storm water, and building site pads. 2. Research and select: materials, finishes, appliances, plumbing fixtures, hardware, millwork, lighting fixtures, doors, stairs and other material components. a. City of Merldlan to provide information on existing and new equipment anticipated to be incorporated and installed in the new facilities. 3. Meet and coordinate with consultants: Civil, Landscape Architect, Range Supplier, Structural, Mechanical, Electrical, and other consultants as required. 4. Create an outline specification for City of Meridian and CM review. a. Obtain out sheets for proposed equipment, finishes, fixtures, and alike 5. Prepare design development large-scale drawing of areas requiring detail, such as but not limited to toilet rooms, ammunition storage, weapons storage, communications closets, and a like. 6. Meet with and coordinate requirements of the City of Meridian Community Development Services at appropriate times throughout Design Development, 7. Meet with City of Meridian and CM to present Preliminary Design Development documents. 8. Prepare Design Development package, drawings and outline specifications, for estimating and City of Meridian approvals. 9. Assist the CM in updating the preliminary construction budget/estimate and project schedule. 10. Meet with City of Meridian and CM to review Design Development estima(e. Max S. Jensen, Capital Projects Manager Page 3 of 5 August 12, 2013 11. Discuss value -engineering Ideas. 12. Refine drawings from City of Meridian and City -retained Construction Manger review comments and value - engineering ideas. 13. Meet with City of Meridian and CM to review design development estimate. 14. Meet with City of Meridian Community Development Services to review and obtain approval. 15. Attend and present plan(s) and budget(s) at City Council meetings as needed. 16. Meetwith City of Meridian Flood Plain Administrator to obtain necessary approvals for Construction. 17. Create deliverables a. Drawings: Design Development and Site Development drawings. b. Drawings: City of Meridian - Community Development Services submittal drawings. c. Design Development project description narrative. d. Outline specifications with out sheets for major components, equipment, and finishes. Contract Documents 1. Prepare drawings and specifications for Construction and Bidding. a. Civil/Site b. SWPPP c. Architectural d. Structural e. Mechanical f. Plumbing g. Electrical h. Data/Communication I. Specialty Design documents I) Range bullet trap ii) Range controls iii) Targeting systems iv) Sound reinforcement v) Scenario village 2. Meet with, assist, and coordinate with CM and City of Meridian Purchasing Department to prepare bid specification package, 3. Meet with and coordinate with City of Meridian Surface Water Administrator for approval of the Draft SWPPP. 4. Meet with City of Meridian and CM to review the Bidding Documents and budgets. 5. Attend and present plan(s) and budget(s) at City Council meetings as needed, 6. Create deliverables— for Construction and Permitting a. Drawings: Construction Document and Site Development drawings. b. Construction Document specifications with cut sheets for major components. c. Stormwater Pollution Prevention Plans (SWPPP) Bidding and Contract Negotiations 1. Provide City of Meridian and CM with Construction Documents required for finalizing construction cost, review drawings and specifications. 2. Prepare and submit drawings and applications to City of Meridian Community Development Services. 3. Respond to City of Meridian - Community Development Services comments and update documents as appropriate to obtain approval, 4. Meet with City of Meridian and CM to review the City of Meridian Community Development Services approved drawings and assist CM to update budgets. 5. Attend and present plan(s) and budget(s) at City Council meetings as needed. 6. Revise drawings as necessary from City Council comments. 7. Meet with City of Meridian and CM to review the revised drawings and budgets from the City Council comments. 8. Attend and participate at pre-bid meeting(s). 9. Assist the City of Meridian Purchasing Department wlth responding to Requests -for -Information from Contractors during Bidding. Max S. Jensen, Capital Projects Manager Page 4 of 5 August 12, 2013 10. Assist the City of Meridian Purchasing Department with issuing Addendum(a) as required during Biding. 11. Attend and participate in the bid review at the Bid Opening. 12. Review with City of Meridian and CM the Contract for Construction. Construction Administration 1. Attend site meetings with City of Meridian, and CM and Contractor at appropriate intervals. 2. Prepare Construction Observation Reports. 3. Review Shop Drawings and sample Submittals from Contractor. 4. Respond to Requests -for -Information (RFI) from the Contractor during construction. 5. Review Contractor's request -for -payments. 6. Attend punch list meetings and prepare punch lists. 7. Provide the City with Record Documents (hard copy and AutoCAD files). a. Provide separate record AutoCAD files drawings from each design discipline on disks. 8. Close-out project. Cost of Services Schedule: Programming and Master Planning We propose to provide Programming and Master Planning services on a Fixed Fee basis of Twenty-four Thousand Seventy-five no/100 Dollars ($24,075.00) plus Reimbursable Expenses. This task is anticipated to be completed by early October 2013. Schematic Design, Design Development, Construction Document, Bidding, Construction Administration/Closeout Base Service Fee: We propose to provide Schematic Design, Design Development, Construction Document, Bidding, Construction Administration/Closeout base services on a Fixed Fee basis of Two Hundred Ninety-two Thousand Five Hundred Five and no/100 Dollars (8292,505.00) plus Reimbursable Expenses. Following is a breakdown of the Fee. Fee phasing SD DD I CD I Bidding CA Project Totals Anticipated Weeks 4 6 6 4 52 72 % Basic Service Fee 10% 25% 35% 5% 25% 100% Fee per phase $29,250 $73,125 $102,375 $14,625 $73,125 $292,500 Distribution by discipline Base Consultant Fees Structural $2,400 $6,000 $8,400 $1,200 $6,000 $24,000 Mechanical - HVAC $3,218 $8,044 $11,261 $1,609 $8,044 $32,176 Mechanical - Plumbing $1,755 $4,388 $6,143 $878 $4,388 $17,552 Electrical $2,867 $7,166 $10,033 $1,433 $7,166 $28,665 Sub -Totals $10,240 $25,598 $35,837 $5,120 $25,598 $102,393 Architectural Fees 1 $19,011 $47,528 $66,539 $9,506 $47,528 $190,112 Schematic Design, Design Development, Construction Document, Bidding, Construction Administration/ Closeout Max S. Jensen, Capital Projects Manager Page 5 of 5 August 12, 2013 Specialty Service Fee: We propose to provide Schematic Design, Design Development, Construction Document, Bidding, Construction Administration/Closeout specialty services on a Fixed Fee basis for of Seventy-eight Thousand no/100 dollars ($78,000.00) plus Reimbursable Expenses. Investigative Service Fee: Shall be charged as a Reimbursable Expense — fees noted in the table below are estimated costs. Fee phasing SD DD CD Didding CA Project Totals Distribution by discipline Specialty Consultant Fees Civil $3,500 $8,750 $14,000 $1,750 $7,000 $35,000' Landscaping $1,800 $4,500 $7,200 $900 $3,600 $18,000 Data Communication $2,500 $6,250 $10,000 $1,250 $5,000 $25,000 Sub -Totals $7,800 $19,500 $31,200 $3,900 $15,600 $78,000 Investigative services — estimated costs Geotechnical $8,500 $8,500 Site Survey $8,000 $8,000 If additional services are needed during the course of the project we propose to provide those on a Payroll Cost basis, or negotiated Fixed Fee proposal, as is desired and negotiated at the time of occurrence for each specific task. We look forward to the opportunity to work with you on this project. If you should have comments or questions, please feel free to contact our office. Sincerely, a professional association CSHQA SCHEDULE OF HOURLY RATES January 2013 Pnsitinn HmA/ RatPa Principal $147.00 Project Architect $137.00 Project Manager $100.00-$125.00 AIT $58.00-$84.00 Senior Cadd $61.00-$69.00 Interior Project Manager $88.00 Interior Designer $58.00-$73.50 Landscape Architect $121.00 Landscape Designer $72.00 Electrical PE $134.00-$143.00 Electrical Project Manager $89.00-$107.00 Electrical EIT/Designer $71.00-$83.00 Mechanical PE $93.00-$140.00 Mechanical Project Manager $84.00-$93.00 Mechanical EIT/Designer $49.00-$84.00 Structural PE $102.00-$135.00 Structural Project Manager $82.00-$92.00 Structural EIT/Designer $55.00-$79.00 Civil PE $105.00-$136.00 Civil Project Manager $90.00-$105.00 Civil EIT/Designer $66.00-$88.00 Administrative Assistant $59.00-$64.00 Document Control $43.00 . `5EEDIdaho P.C / 9U5TAINABI,E 1 ENVIRONMENT ENGINEERED DE51GN °7 Mr. Dave Davies C51 -10A 200 Broad 5t. Boise, ID 83702 208-343-4635 Dave, 520 W.Idaho 51; Suite 203 Bonne, ID, 83702 P.O. Box 190202 Boise. ID, 83719 Phone: 208-297-9960 Fax: 866.6 13,8245 www.seedio.aho.com PROPOSAL OF 5ERVICE5 Project# 2K13017 Date: Friday, August I G", 2013 Sustainable Environment Engineered Design (SEED) 15 pleased to submit the attached proposal in response to our discussions and Initial project review of the Public Safety Training Center project in Meridian, For the convenience of you and the owner, I have broken down commissioning on a "per -activity" basis. 51nce commissioning can cover a myriad of systems and can consist of multiple levels of involvement by the Commissioning Authority (CxA), I have also bundled packages which would be consistent with typical commissioning services. C5HQA and the City of Meridian are encouraged "pick -and -choose' those services and/or packages which would be con515tent with the overall goal of the project, 5chedulmg will be based on the e5tabh5hed project timelme and WDIdaho will be available to 1 start work as soon as a contract 15 signed. The included Scope of Work will depend on which services C5HQA and the City of Meridian choose. 5EEDIdaho P.C. will require a full set of design drawings for use during the commi55ioning process. 51ncerely, Michael Jones President Proposal of Services - City of Meridian Public Safety Trammg Center I. Project Address: 125 1 E. Watertower 5t. Meridian, ID, 83642 2. Introduction: C5HQA has requested a proposal to perform third party systems commi55iomn6J new Public Safety Training Center located in Meridian, Idaho, Services can be selected based on the needs of the city and the goals of this project, The most basic commissioning service would include the development of a Commissioning Plan and Specification and field verification (Fre- functional and functional testing) of Heating, Ventilation and Air Conditioning (HVAC) systems with reporting and the necessary coordination meetings. The HVAC system is typically the target of field verification as often times it uses the most energy of the building systems. As a result, if the HVAC system Is not operating correctly much energy waste can result. The following Scopes of Inclusive services are meant to display all potential commissioning services. Some are optional while others are required to maintain the integrity of the commissioning process. 3. Proposed Commissioning Services: Base Scope Commissioning Plan if Specifications — Required - $3,360 Develop and present the commissioning plan and 5pec1f1cat?on5 prior to the project going out for bid. This commissioning plan will include information on installation and test procedures, scheduling, and will be updated as the Cx process progresses, as necessary, 5EEDIdaho P.0 will provide the project with the commissioning specification for contractor review prior to project bid. Installation Verification/Pre- functional Te5tmg - At least one system required 5EEDIdaho P.C, as the commissioning agent will verify the installation and performance of all systems in accordance with the commissioning plan and specification. This mcludes the development of custom pre -functional testing forms for each system to be commissioned, working with the contractor to get them populated, and review prior to scheduling functional testmg. HVAC - $1,050 Lighting - $525 Domestic Hot Water - $525 All Systems - $2,100 Functional Performance Te5tmZ — At least one system required During the acceptance phase of the system commissioning process, functional performance tests, and other acceptance procedures will take place. These tests will be based on custom functional testing forms for each system to be commissioned. Functional performance testing will be conducted in accordance with the commo5iomng plan and customized testing methodology will be developed based on systems selected by the EOR. The system selected for Functional testing should be the same as that selection for Installation Venficaton/Pre- Functional Testing. HVAC - $3,570 Lighting — $1,785 Domestic Hot Water - $1,785 All Systems - $7.140 About Functional Performance %sting Proposal of Services - C ty of Meridian Public Safety Training Center The objectives of the HVAC commissioning process in the acceptance phase are to (a) verify the accuracy of the final TAB report, (b) verify that the HVAC system complies with the contract documents, the OPR and BOD, (c) establish an as-bmlt record of the HVAC system performance, and (d) review the as -built records. Functional performance testing will demonstrate the performance of the HVAC system. The scope of functional performance testing covers the entire HVAC installation, From central equipment for heat and cold generation through distribution of HVAC serutces to each conditioned space. It includes measured capacities, effectiveness of operation, and all control functions. It is highly recommended that the installing contractor be present during these tests to witness any deficiencies found in the installation. Their scope of work must be addressed when it interfaces with the HVAC system and be explicitly included within the HVAC commissioning process. At the end of the functional performance tests, the documentation should include all of the performance data for the entire HVAC system for each mode of operation. Conflicts identified during the acceptance phase shall be addressed and resolved to the owner's satisfaction. Operations and maintenance personnel should be made available to observe all verification and functional performance tests. At the end of the acceptance procedures, the HVAC system will have been proved and documented to be operational and performing in accordance with the contract documents, This would include all normal operational modes, as well as abnormal or emergency conditions. The objectives of the lighting commissioning process in the acceptance phase are to (a) verify that the lighting system complies with the contract documents, the OPR and DOD, (b) establish an as -built record of the lighting system performance and area illumination values, and (c) review the as -built records. Like with HVAC, the lighting installer should be present to witness any installation deficiencies found during functional performance testing. The objectives of the domestic hot water process in the acceptance phase are to (a) verify that the domestic hot water system complies with the contract documents, the OPR and BOD, (b) ensure that the system is operating properly (c) review the as -built records. Like with HVAC, the plumber should be present to witness any mstallation deficiencies found during functional performance testing. After the field verification process, 5EEDIdaho P.0 will deliver a Cx Findings preliminary report which will include a punchlist for contractors. The owner will also be included in this correspondence. All punchhst items must be addressed prior to the Commissioning Report being issued. Commissioning Report — Required — $1,995 Commissioning Authority will provide a summary report of all commissioning actiwties, Installation and testing results, system Installation deficiencies and resolutions, and expected energy savings. Expected energy savings will be calculated based as the as-mstalled deficient condition when compared to the repaired condition. Meetings * Project Coordination — Required - $1 ,680 5EEDIdaho P.C. intends on holding I scoping meeting to discuss roles and responsibilities prior to the start of construction. Pre -functional checklists will be provided during the scoping meeting. An additional 6 meetings during the course of the commissioning process is estimated. The number of meetings required is often a byproduct of the quality of workmanship, 5ix meetings should cover the time required in the in the field, however poor installation, may provide reason to adjust 5EEDIdaho'5 fees based on $105 per hour for the CxA and $55 per hour for the CxM. Lastly I closeout meeting will be scheduled to discuss commissioning results with C5HQA and the owner, Add alternates — 'Enhanced Commlgsromng " Design Intent — Optional - $840 Proposal of 5ervice5 - City of Meridian Public 5aFety Training Center Full review of the Owner's Project Requirements (OPR) and Basis of Design (BOD) for clarity and completeness prior to 50% DD. 5EFDldaho P.0 will work with both the owner and design team to ensure that the BOD and all design and construction documents meet the OPR. Furthermore, should any conflicting information be found in any of these documents, including the OPR, MEDIdaho P.0 will issue notification to appropriate parties. Design Review -Optional - $1 ,000 Conduct two detailed reviews, one at 100% DD and another at 50% CD. 51fMclaho P.0 will cross check design drawings as they progress to ensure consistency with the OPR and BOD. The details of these reviews will be documented. Furthermore, if energy saving design changes can be identified during these reviews, both the Owner and Design team will be notified. The review will focus specifically on energy usmg devices including envelope, HVAC, hghtmg, domestic hot water and any on-site power generation. The evaluation is not meant to be a critique nor a manner to target failure of the existing design, but rather to focus attention in the appropriate areas of the building. Submittal Review - Optional - $840 Provide a parallel review with the Alt team to ensure that all project submittals match design drawings, the OPR and BOD. Systems Manual - Optional - $840 Commissioning Agent will develop a systems manual for all commissioned systems, A separate 04M manual will be organized by the Commissioning Agent. The mstallmg contractors will be responsible for gathenng the necessary O*M documents for commissioned systems. Occupancy Review - Optional - $840 Commissioning Authority will return to the site between 8-10 months after substantial completion and budding occupancy to review all commissioned systems. Details of this review will be included in the commissioning plan. Though functional testing will not be as "in-depth" as the original testing, the CxA will ensure that all commissioned systems are operating properly. 4. Packaged Options Option / - Base Scope with te5Lya of HVAC Only - $ / 1.655 Scope would include all required Base Scope services and pre-functional/functional testing of HVAC systems only. This would be considered the minimum commissioning effort for a budding. Option 2 - Base Scope with all systems tested - $ 16,275 Scope would include all required Base Scope services and pre-functional/functional testing of HVAC, Lightmg# Controls, and Domestic Hot Water. Option 3 - Base Scope with all 'Add Alternates " - $20,635 Full commissioning scope with CxA involvement during the design phase. CJ. costei 5EEDIdaho Consulting 5ervioe5 2013 Idaho Rate Schedule Technical Staff CxA/Consulting Engineer $105 per hour ( CxM/Field Engineer $85 per hour Proposal of Services - City of Meridian Public Safety Training Center SEEDldaho understands that C5HQA or owner may request an increase in the scope of work (SOW). In that event, SEEDldaho would discuss the change with C5HQA or owner and proceed with any mutually agreed upon addendum to the SOW. Should C5HQA make changes to the SOW in regards to the commissioning process; such work shall be included under an addendum to this SOW or a separate SOW, It should be noted that this proposal of services does is not a contract for work. Once a selection of services have been chosen, 5EEDIdaho will initiate a contract with either C5HQA or the owner. No LEED submittals nor any other work not explicitly covered under this proposal will be conducted without an agreed upon addendum to the SOW, G. Schedule The scope of work proposed is dependent upon design and construction scheduling. Proposal of Services - City of Meridian Public Safety Trainmcg Center Meridian City Council Meeting DATE: September 3, 2013 ITEM NUMBER: 5N PROJECT NUMBER: ITEM TITLE: Agreement with Alicia Dyson for Purchase of Meridian Road Overpass Public Art Design for the Not -to -Exceed Amount of $2,500.00 MEETING NOTES l a I Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS AGREEMENT FOR PURCHASE OF OVERPASS PUBLIC ART DESIGN This AGREEMENT FOR PURCHASE OF OVERPASS PUBLIC ART DESIGN ("Agreement") is made this 3rd day of September, 2013 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Alicia Dyson ("Contractor"), (City and Contractor may hereinafter be collectively referred to as "Parties.") I. SCOPE OF SERVICES. Contractor has provided to City a design of overpass public art, as generally described in the Call to Artists attached hereto as Exhibit A, and as generally depicted in the proposal attached hereto as Exhibit B, and by this Agreement Contractor conveys all rights and interest to such Design and any and all components and derivatives thereof (collectively, "Design"). H. COMPENSATION. The total payment to Contractor for Design shall be two thousand five hundred dollars ($2,500.00). This amount shall constitute full compensation for any and all services, materials, and costs to be performed or furnished to City by Contractor. By 5:00 p.m. on Friday, September 6, 2013, Contractor shall provide City with a completed W-9 form and an invoice for the Design, which City shall pay within fourteen (14) days of receipt. City shall 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 shall be the sole responsibility of Contractor. III. CREATION, INTEGRITY, AND OWNERSHIP OF DESIGN. A. Waiver and relinquishment of rights. Contractor shall, and hereby does, expressly waive any and all right, title, or interest in the Design. Contractor understands that this waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, and display. Contractor agrees to relinquish any and all rights, title, and interest to the Design developed in connection with this Agreement, and hereby expressly waives any rights Contractor has to the Design, including, but not limited to, the rights afforded Contractors under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Contractor understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. B. Limited edition. The Design shall be a limited edition of one (1). Contractor warrants and represents that the Design purchased by City pursuant to this Agreement has never heretofore been designed, fabricated, installed, created, published, or copied and that Contractor is the sole creator and owner of all rights in the Design and the design thereof. C. Ownership; copyright. Upon the Effective Date of this Agreement, the Design shall be owned by City. Contractor shall not make any claim to the copyright of the Design. D. Alteration; removal. If any alteration occurs to the Design after installation, whether intentional or accidental and whether caused by City or others, upon written request of Contractor, City shall no longer represent such Design to be the work of Contractor. Other than as specified herein, Contractor specifically waives the right to claim any other remedy concerning the alteration of the Design as provided for under Idaho or federal law, whether by statute or otherwise. City shall have the right to move or remove artwork created using the Design from public display. PURCHASF.AGRmmRNT—OVERPASS PUBLIC ART DESIGN PAGE 1 of 2 IV. GRNRRAL PROVISIONS. A. Relationship of Parties. It the express intention of Parties that Contractor is an independent Contractor and not an employee, agent, joint venturer, or partner of City. B. Compliance with law; venue. Throughout the course of this Agreement, Contractor shall comply with any and all applicable federal, state, and local laws. The laws of the State of Idaho shall govern the validity, idterpretation, performance and enforcement of this Agreement. Venue shall be. in the courts of Ada County, Idaho. C. Severability. Tf any provision of this Agreement is found by it court of competent jurlsdiction to be Illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. D. 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: Contractor: Alicia Dyson City: Emily Kane, Deputy City Attorney 4141 W. Central Road 33 R Broadway Emmettjdaho 83617 Meridian, Idaho 83642 Either party may change its address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. E. 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. 3rd day of September, 2013. CONTRACTORt Alicia Dyson CITY OF MERIDIAN: ATTEST: PURCHASE AGREEMENT—OVERPASS PuaUcARTDESION PA062 of 2 EXHIBIT A CALL TO ARTISTS Meridian `Commission Call to Ahists - RFP Meridian Road Interchange Overpass Public Art Project PROJECT DESCRIPTION: The Meridian Road Interchange Public Art Project seeks to welcome motorists to Meridian with artwork on the new overpass at 1-84 and Meridian Road, to begin construction starting in winter 2013. The Meridian Arts Commission (MAC) invites proposals for the conceptual design of artwork that could be affixed to approximately 200 feet of metal barrier railing bordering the pedestrian walkway, on both sides of the bridge (see attached diagrams). No utilities will be available. BUDGET: A budgeted amount of $2,500 is available to purchase the selected design. PROCESS: The evaluation and selection process will generally occur as follows; dates are subject to change as may be necessary due to scheduling issues or other circumstances. 1. Proposals accepted. To be considered for this project, eligible proposers must submit the following materials to MAC, by 5;00 p.m., on Monday, July 22, 2013, by email to Brian McClure, bmcclure@meridiancity.org: a. One-page cover letter including current contact information and brief description of the proposed concept, including possible material composition; and b. One (1) digital image (200 dpi; .jpg format) of the proposed conceptual design, scaled, and in 24 x 36" format. Responses that are not received by specified deadlines will be considered late and will not be considered. Any information submitted is subject to release to the public as required by Idaho Public Records Law. A digital rendering of the bridge elevation is available on the project website, and may be used in the proposal: http:/7www.meridiancity.org/meridianinterchange 2. Finalists selected. By Tuesday, July 23, 2013, a Selection Panel will conveneand evaluate all responses to the RFQ. Following evaluation, the Selection Panel may select up to five finalists, or may reopen the RFP. Eligibility and finalist selection criteria will include: a. Feasibility of installation at project site; b. Safety of design (artwork that would pose an unsafe distraction or hazard to vehicular traffic will be disqualified; morning and evening glare should be considered); c. Consideration for complexity of installation, and attachment of artwork to barrier; d. Consideration for visibility (text facing the interstate would appear backwards to overpass users); e. Appropriateness of scale, design, material, durability, and maintenance for project site; f. Artistic quality of proposal; g. Consistency with proposed new interchange theme and aesthetic,• h. Consistency with Meridian's character and values; and I. Contribution to aesthetic and cultural vitality and sense of place. Cali for Artists - Meridian Road Interchange Overpass Public Art Project Page 1 of 4 Additionally, the following requirements will apply to the installation of the selected artwork: • Artwork must at a minimum be installed on the outside of the barrier (side opposite of pedestrian facilities), but may also be installed on the interior (remembering cost and total weight). • Artwork must be able to adhere to railing with no more than a 6" offset from the railing panel. • Artwork must not use dissimilar metals that can cause galvanic corrosions, or be insulated from each other and the barrier/railing. • Artwork must not extend above, below, or outside the extents of the railing. • Proposed materials may not exceed 50 pounds per linear foot. 3. Public input collected. The finalists' proposals will be put on public view and comments will be collected online and at public forums from Wednesday, July 24, 2013 to Wednesday, August 7, 2013. 4. Final evaluation of proposals; artist selected. On Thursday, August 8, 2013, MAC will evaluate the finalists' proposals. MAC may recommend selection of one proposed design, or recommend that the RFP be reopened. Evaluation criteria will include the criteria set forth above, as well as public input submitted regarding the proposals. MAC will forward its recommendation to City Council for consideration on Tuesday, August 13, 2013. Meridian City Council will consider such recommendation in making the final decision on Tuesday, August 13, 2013. The selected proposer and finalists not selected will be notified of the decision via e-mail by Friday, August 16, 2013. 5. Agreement; award. Following selection, submission of W-9 form, and execution of a written agreement with the City (sample agreement available upon request to Emily Kane, ekane@meridiancity.org), the selected proposer will be awarded $2,500. Please contact Brian McClure via e-mail (bmcclure@meridiancity.org) or phone (208-884-5533) with any questions. Thank you for your interestl Call for Artists - Meridian Road Interchange Overpass Public Art Project Page 2 of 4 EXHIBIT B ALICIA DYSON PROPOSAL Alicia. Dyson . 4141 W. Central Rd. Emmett, ID 83617 (208)369-7090 yeesh922@yaltoo.com July 23, 2013 To the MAC; The proposed design will capture the essence of the Snake River Birds of Prey Conservation. 1 want to use Nie flow of the river to connect all pieces within the design, and use weatheredmetal andvartous patinn finishes to capture the mstic wilde,7tesssurroundi ig the natural habitat of the birds. The design will be on both sides of the bridge with the sun either "rising" or "setting" in Ore corresponding direction of the onconring traffic (traffic travelingRastwill see the sum will be rising in Ote right). The sillrouettes of the birds will be kept simple, but offer contrast. The species and specific details of the birds can be altered speetfictu the selecled artisrapeoference. The design will use 10 gauge cold rolled steel sheet metal or shutter. The silhouettes will bewaterjetcut arid then distressedor hammered. Afterwards a patina will be applied and details rising a dark brown paint will be used to create the final piece. The pieces can be affixed using the sculptene mounting hardware design Utat is in the attachments above. Also I have included 2varialions of my design, one with 2 mountains on each side, and Ore other with only one mountain. The deslgniscutTentwithpopularartstylestoday,butalsoremainsdassicenoughtonotbecomedated. The finishes ensurenth»mal glare and transition beautifully with One surrounding landscape, while the silhouettes give the design a pleasing yet non distracting visual. The construction of the art using metal not only guarantees durability, but strength and can only become more beautiful with Hire. We. would also like to be included on your bid list for the fabrication and installation phase of this project regardless of what design is selected. Thank you for your consideration, Alicia Dyson 5r \�: � d� , � }� } ;� � \� ' � ?«\J 22y d §� � \��} � �� d »� y< dw� »< jvmc, 7 Meridian City Council Meeting DATE: September 3, 2013 ITEM NUMBER: 6 PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS VIP, - MOW` Meridian City Council Meeting DATE: September 3, 2013 ITEM NUMBER: 5L PROJECT NUMBER: ITEM TITLE: 2013 Addendum to Lease Agreement Between Lakeview Meridian Investors LLC And The City Of Meridian MEETING NOTES � -t) ��,� /,-.z Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 2013 ADDENDUM TO THE LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE BETWEEN LAKEVIEW MERIDIAN INVESTORS LLC AND THE CITY OF MERIDIAN Whereas, this Addendum, made this _ day of September, 2013 to the above - captioned Agreement between the City of Meridian and Lakeview Meridian Investors LLC dated May 17, 2006 (AGREEMENT); and, Whereas, the parties desire to update the agreement in certain particulars as negotiated by the parties. NOW THEREFORE, the AGREEMENT shall be modified in the following particulars: A. IDENTITY OF LESSEE:,The Lessee under the AGREEMENT shall be Lakeview Meridian Investors, LLC, an Idaho Limited Liability Company. B. CAPITAL IMPROVEMENTS: Section 2(E) of the AGREEMENT shall be superseded and replaced with the following: Lessee shall construct capital improvements upon the leased premises each year with a minimum value of at least six thousand dollars ($6,000.00) in accordance with the provisions set forth in Section 7, hereinafter. This requirement shall be in place for a seven year period begining on October 1, 2012 and ending on September 30, 2019 Section 7 of the AGREEMENT shall be re -named "CAPITAL IMPROVEMENTS" and the first paragraph of said Section 7 shall be deleted and not replaced. C. GROUNDS MAINTENANCE: Exhibit "F" to the AGREEMENT described in Section 4(1)(1) (the Grounds Maintenance Services Management Plan) shall be superseded and replaced with the following: GROUNDS MINIMUM MAINTENANCE SCHEDULE During active golf season (Generally May 18t to October 1st) Lessee shall undertake the following maintenance activities as a minimum baseline (Maintenance during off-season shall be as needed) 1) Mow greens 6 days per week. 2) Mow tees 2 days per week. 3) Mow fairways 2 days per week. 4) Rake sand traps 2 days per week and spot rake as necessary. 5) Change cups 3 days per week. 6) Mow practice area 3 days per week. 7) Change tee boxes 4 days per week. 8) Fertilize tees, fairways and greens at rate of .75 pounds of nitrogen/1000 sq ft, per year with applications divided at operator's discretion. 9) Aerate fairways every other year. 10)Aerate and sand greens 1 time per year. 11) Top dress greens every 6 weeks. 12) Groom greens as necessary. 13) Mow rough 1 time per week. D. PAYMENT OF RENT: Section 5 shall be amended to read as follows: a. Lessee shall pay the sum of Six Thousand Dollars ($6,000.00) per year, in advance, as rental. This annual payment shall be due on the first day of October, beginning on 10/01/2013, i. For the seven year period ending on September 30, 2019, Lessee shall be relieved of its obligation to pay annual rent upon a showing of compliance with the capital improvements construction requirements for the preceding year set forth in Section 2(E) of this AGREEMENT. ii. To qualify for this annual relief from the obligation to pay rent, Lessee must provide proof of compliance to the Director of Finance each year, at least one month prior to the due date. iii. The Director of Finance shall review and verify such proof and forward it to the City Council for approval on the next available Consent Agenda or other agenda presentation. iv. In the event that Lessee fails to provide proof of compliance in any given year, or if the City Council does not approve the submission, the annual rent for the following {" year shall be due and payable on the first day of October. E. ACCOUNTING RECORDS: In Section 6(B) of this AGREEMENT, the reference to "City's Administrative Services Director" shall be replaced with "City's Finance Director or designee." F. REPORTING: In Section 8(K) and Section 9(U)(1) of this AGREEMENT, references to the "Mayor" or "Mayor's representative" shall be replaced with "Director of Parks and Recreation or designee." G. TAXES AND ASSESSMENTS: Section 9(E) of the AGREEMENT shall be re -named "Taxes and Assessments" and the following sentence shall be added to the existing text: Annual irrigation assessments will be paid directly by City, and Lessee shall reimburse City for the full amount of the irrigation assessment on or before the due date set by the irrigation district. All other terms of the AGREEMENT shall remain the same. IN WITNESS WHEREOF, the parties do execute this Addendum the day and year first above written. Attest: Jaycee L. Holman, City Clerk CITY OF MERIDIAN, IDAHO By:, Tammy de`Weerd, Mayor LAKEVIEW MERIDIAN INVESTORS, LLC an Idaho limited liability company by ORAS LANEY, Inc, an Idaho corporation its Manager Meridian City Council Meeting DATE: September 3, 2013 ITEM NUMBER: PROJECT NUMBER: FP 1 ITEM TITLE: BAINBRIDGE SUBDIVISION NO. 1 - BRIGHTON DEVELOPMENT FP 13-035 Bainbridge Subdivision No. 1 by Brighton Development Located Ease Side of N. Black Cat Road, Approximately 1/4 Mile South of W. Chinden Boulevard Request: Final Plat Consisting of Forty -Two (42) Single -Family Residential Building Lots and Two (2) Common/Other Lots on 13.71 Acres of Land In an R-8 Zoning District MEETING NOTES �✓ APPROVED , 4 cz"Y'&tj� 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: September 3, 2013 ITEM NUMBER: $A PROJECT NUMBER: ITEM TITLE: ECONOMIC DEVELOPMENT DEPARTMENT Economic Development Department: Strategic Plan Update 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: September 3, 2013 ITEM NUMBER: $B PROJECT NUMBER: ITEM TITLE: SOLID WASTE ADVISORY COMMISSION Solid Waste Advisory Commission: Republic Services Annual Rate Adjustment for Solid Waste Collection Services MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS cq--�r REPUBLIC SERVICES MEMORANDUM TO: Mayor Tammy de Weerd Members of the Meridian City Councll7 Mr. David Zaremba, President Mr. Brad Hoaglun, Vice President Mr. Keith Bird Mr. Charlie Rountree FROM: Dave Fisher, General Manager, Republic Services of Idaho. DATE: September 3, 2013 SUBJECT: Annual Rate Adjustment for Solid Waste Collection Services Introduction Annually, solid waste collection rates are adjusted in accordance with Section 21 of our contract with the City of Meridian with an effective date of October 1. This memorandum discusses our annual adjustment for fiscal year 2014. A preliminary version of this memorandum was provided to the Solid Waste Commission. Minor comments were received and incorporated. CPI Adjustment Methodology Our contract requires that our costs be adjusted annually based upon the "net percentage of change in the Consumer Price Index for the Pacific Northwest." (The CPI is no longer published for the Pacific Northwest so we have used the CPI for the Western Region of the United States.) Further, we reduced the calculated change in the CPI by ten percent as stipulated in the contract. ATTACHMENT C. U.S. Bureau of Labor Statistics is provided. The CPI for June one year ago was 232.701 and this year it is 236.227. The net percentage change between the two values is 1.515%. The net percentage is reduced by 10% to yield a CPI adjustment of 1.36%. Current and proposed future residential rates are shown in ATTACHMENT B. All of the cost categories except disposal were escalated by the allowable CPI amount of 1,36%, and then the 6% franchise fee was calculated to get the total amount. This results in an increase in residential rates of $016 per house Per month We have completed similar calculations for commercial rates as well. All current and proposed rates are presented in tabular form as an attachment to this memorandum in ATTACHMENT A. The percentage of change by various categories of rates is shown in Table 1. The percentages vary with the different types of systems that we operate because each has 11101 W Executive Dr Boise, ID 83713 208.345.1265 • Fax 208.375.9591 www.republicservices.com a different percentage attributable to disposal. Disposal is considered a pass-through and is not changed by the CPI. Table 1 Percentage of Rate Change by System Residential rates 0.95% Commercial cart rates 95gallon) 1.05% -1.13% Commercial container rates 1/2, 3, 6, 8 ds. 0.84% -1.22% Commercial compactor rates 1.20% -1.22% Temporary commercial container rales 3 6, 8 ds. 1.12% -1.37% Miscellaneous collection services 1.24% -1.36% Roil off hauling services rent and hauling) 1.350/o -1.38% Landfill Fee Changes On August 1, 2011 the Ada County Hidden Hallow Landfill began utilizing scales for measurement of incoming waste. Although fees remain at their current levels and are measured by the cubic yard this is the first step in converting to a weight based system rather than a volume based method. We believe it is in the City's best interest that Ada County remain on the volume based method. As of this date the county has not adjusted the rate per yard or changed to weight based billing. Should the county make a change to disposal rates, we will need to adjust fees again to account for Increased landfill rates. Rate Restructure Historically the rate structure included rental of a semi -trailer because the equipment was originally purchased for the sole purpose of servicing Meridian's biosolids. In 2013, the use of the equipment was expanded to include other cities and Republic Services worked with City employees to reduce the overall amount Meridian pays. This resulted in a savings of about $2,500 for the period of March through August 2013. In 2014 the rental was eliminated but the overall rate was kept the same. Depending on the annual number of biosolid hauls, the City could realize annual savings of about $6,000. New Rates Republic Services proposes to add the following new rates to the rate structure: Pressure Wash Industrial. This service was added based on requests from an industrial customer. The proposed pricing is presented in tabular form within ATTACHMENT A. 2. Relocation Industrial All Sizes. Previously customers were billed an additional delivery fee, as a relocation fee, when customers requested containers be moved. The new rate is for relocation at the customer's request. The fee is only necessary when a special trip is made to the customer's property for the purpose of relocating an industrial box. No fee will be charged if the box is relocated in the normal course of dumping containers. 3. Extra dump on 2 Yard commercial container. This fee exists for all other container sizes but was missing from the rate sheet for the 2 yard container. Standardization The rate schedule was restructured. Meridian City Billing and Finance departments and the Solid Waste Advisory Commission worked in conjunction with Republic Services to standardize the rate schedule to make the rates more transparent for Meridian citizens and facilitate the billing process. The intended result is that rate descriptions are more precise and components of the trash rates are broken out. In the future, customers will be able to see the components of the trash bill which includes: disposal, rent, service and sales tax. Customer service is enhanced because Meridian Customer Service employees will be able to answer more billing questions. 2. Reestablish the Sunday service 8 yard trash rate This rate existed and was billed in fiscal year 2012 and earlier but was not included on the formal rate schedule. This service was provided in 2013 at the Saturday rate. In effect it was a price roll back for fiscal year 2013. Its inclusion here formally reestablishes the rate. Note that although the Contract establishes the service days and times as Monday through Saturday. This rate exists due to a specific business need and in the interest of public health. It is a standalone service and requires significant incremental effort on Sundays. m Cal N 14 NaA (ry II N $F#F 8'Pi .Ri :S Fig+F X„ r4tYA FCi sai4 C� n deo ------ .. .. n. N N F N R F 49 N N N N H R g '$$$n' 8 2R Z; vo 49 la $ BTJ$$ 14 F4 4 $$ $%q Asa 0 HIM i ME 9$a foo M Mg dH5 !11 0 FINRFN/ N N NR. RFN'N S1lm-MR m4 YN „ry a 0 N _ I f it"L} �. H RAS fill 911 �ae 9 a sa a g �� =ae�� 881 888 888 888 N'Hbb �cea7-V. _c NNni VIAtS p1HH H 1�!H b Mb 1010 b bb V 9 7 K 0 O x iL SAM SAS s gill] I I I I I I X11 4 4 N N tlF N N N N F F F F F F F � N e N u Nf � W ryd� g� Ci,nm n ��`� %1�"ri W 6P'V C �Yj$$�a`S 186 Abd ."F NN v°'F7Th �.� wA:fdF � ; �. N �1 d Tli m @� $ o �R o g go NO Mi0 �O N NNFFF NF NNNF AFi R1 Ft v g8ggm�vva 888 £ V,ZSS case RRRRR RRRRRR RRRR RRRR RRR o RRRRRRR RRRRRRR RRRRR W W. W" N N d" tl A N p t0 trl w tl o tl ... V 0000000 """"""" tl 10 0 10 ro I " N as15�fi FFA �F�'$HIR&FG a L. F F"'Ei$C 6 W m p . W N' W N N$ rc 00 Ma�1 yyV ro g® ®W om rop y� �� N N N N N N N N O O N Y f N I(i 11 tv n �A�{AjT o y p E .24 x a k y a 5 A ex CCC iiEEII 5 .w RW000m. 1 p��p 4 �p� y3 SXRB.R SE. $.&$ 00000 ?v $ Ri rSi Si f3�� O pl W O Ol 0 W 0 W g W W el q PAP AMP IMP A @ c A �I H0,11,11111ININI Ill ] 1 1111111 '6 � x p$pss a 12198s pQQ sp$ea pa �j pg p$s�ds da spsg N NNNN NJ�NNNNN N AIT��ANN E FF F» f pC N G S M g M yyza P 'NA FA FF fXFZFF FFAii .f ym W M O f a g j$�yy W 11 55 11 513 11 19. 114 11 21 la $1 11 H 11 a A O •1 b N O� q N $ p n M Vl w N a �p N N N q M OOBd I� O N 0 Y YNl 6 w Om N pN qO yC�j SmOC M O p ryOO 111 C11 w IU 16 pp V� M r N M 1^II N N CI 1C M h 0 LL LL LL LL IC S LL LL yi H ]EX23g� i if a y NNNN N� N ATTACHMENT B. Residential Collection Rates: Current & Proposed Residential Collection Rate Structure - FY 2013 32 -gal_ 64 -gal 95 -gal Service Cost $10.78 $16.91 $11.03 Ada County Disposal $1.00 $2.88 $4.70 Carts $0.99 $0.99 $0.99 Sales tax $0.06 $0.06 $0.06 Customer Rate $12.83 $14.83 $16.84 Meridian Franchise Fees (6%) $0.77 $0.89 $1.01 Net to Republic Services $12.06 $13.95 $16.63 Proposed Residential Collection Rate Structure - FY 2014 Bate Increase on Service Costs 1.36% 32 -gal 64- al 95 al Service Cost $1 0.94 $11.08 $11.18 Ada County Disposal $1.00 $2.88 $4.76 Carts $1.00 $1.00 $1.00 Sales tax $0.06 $0.06 $0.08 Customer Rate $13.00 $15.00 17.00 Meridian Franchise Fees (6/0) $0.78 $0.90 $1.02 % Net to Republic Services $12.22 $14.10 $15.98 i� Bureau of Labor Statistics Attachment C: Change In Consumer Price Index June to June Consumer Price Index - All Urban Consumers Original Data Value Series Id: CUUR0400SA0 Not Seasonally Adjusted Area: West urban Item: All Items Base Period: 1982-84=100 Years: 2003 to 2013 Year Jun 2003 188.1 2004 193.3 2005 198.0 2006 206.4 2007 212.680 2008 223.040 2009 219.865 2010 221.147 2011 228.075 2012 232.701 2013 236.227 Change in CPI from 2012 to 2013 Total Percentage Change Ninety Percent of Change in CPI Source: Bureau of Labor Statistics 3.526 1.515% 1.36% Generated on: July 18, 2013 (06:14:57 PM) Meridian City Council Meeting DATE: Seatember 3. 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: ORDINANCE NO. 13-1569 Ordinance No. 13-1569: An Ordinance Amending Title 1, Chapter 8 regarding specific appointments by the Mayor to include Human Resources Director and Information Services Director and amending the Duties of the City Attorney and the Human Resources Director. 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 CITY OF MERIDIAN ORDINANCE NO..I �?� - k 5 G BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING TITLE 1, CHAPTER 8, SECTION 1A: SPECIFIC APPOINTMENTS BY MAYO11 9 BY ADDING A HUMAN RESOURCES DIRECTOR POSITION AND AN INFO ATION SERVICES DIRECTOR POSITION; AND AMENDING TITLE 1, CHAPTER 89 SECTION 8C-2: DUTIES OF CITY ATTORNEY, BY REMOVING HUMAN RESOURCES RESPONSIBILITY AS SET FORTH IN 1 -8C -2J; AND AMENDING TITLE 1, CHAPTER 89 BY ADDING ARTICLE E: CITY HUMAN RESOURCES DIRECTOR AND SECTIONS; 1-8E-1: APPOINTMENT; TERM OF OFFICE; AND 1-8E-2: DUTIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council seek to add a Human Resources Director position to directly oversee the management and development of the City's Human Resource Department and functions; and WHEREAS, the purpose of creating said position is to improve the overall efficiency and effectiveness of human resource systems and operations throughout the organization; and WHEREAS, the Mayor with the consent of the city council may add appointed positions as necessary to effectively operate the city; and WHEREAS, by adding a Human Resources Director position, the position of City Attorney will no longer oversee, manage, and direct the human resources function for the city of Meridian; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 1, Chapter 8, Section 1 A, of the Meridian City Code shall be amended as follows: 1-8-1: APPOINTMENTS BY MAYOR: A. Specific Appointments: The mayor, with the consent of the city council, shall appoint all department directors of the city of Meridian including city attorney, public works director, chief of police, fire chief, community development director, parks and recreation director, human resources director, information services, and chief financial officer. The mayor with the consent of the city council may add or change other appointed positions as necessary to effectively operate the city. Additionally, pursuant to the Idaho Code the mayor with the consent of the city council shall appoint a city treasurer and city clerk. (Ord. 12-1503, 2-14-2012) Section 2. That Title 1, Chapter 8, Article C, Section 2, of the Meridian City Code shall be amended as follows: ORDINANCE ADDING HUMAN RESOURCE DIRECTOR POSITION AND AMENDING DUTIES OF CITY ATTORNEY PAGE 1 of 3 1-8C-2: DUTIES: It shall be the duty of the city attorney and any deputy city attorney acting under the authority of the city attorney to: A. Provide the highest standard of legal ethics, accountability, and responsibility in representing the client, the city of Meridian; and B. Advise the mayor and council, as the client, on all legal matters related to the needs of the city of Meridian; and C. Provide legal opinions to the mayor and council when requested; and D. Prepare all necessary ordinances and resolutions to facilitate the needs of the city of Meridian; and E. Review, as necessary, all contracts, agreements, or instruments for legal sufficiency to protect the interests of the city of Meridian; and F. Prosecute, defend, or oversee the representation of the city of Meridian in all matters civil or criminal in courts of competent jurisdiction; and G. Provide legal advice to departments, boards, commissions, or committees of the city of Meridian, with the consent of the mayor and city council; and H. Retain independent legal counsel and any additional legal services when necessary to further and protect the interest of the city of Meridian; and I. Attend the meetings of the city council and provide legal advice as requested by the mayor or city council; and . .. .. _ ._ . .. . _ _ . .. - .. K.J. Perform any and all legal duties as directed in the interest of the city of Meridian. (Ord. 04- 11125 11-3-2004) Section 3. That a new article, Article E, shall be added to Title 1, Chapter 8, to read as follows: ARTICLE E CITY HUMAN RESOURCES DEPARTMENT DIRECTOR 1-8E-1: APPOINTMENT; TERM OF OFFICE: ORDINANCE ADDING HUMAN RESOURCE DIRECTOR POSITION AND AMENDING DUTIES OF CITY ATTORNEY PAGE 2 of 3 A. The human resources department director shall be appointed by the mayor, with the consent of the city council, and shall hold office unless removed pursuant to section 1-8-1 of this chapter. B. The human resources department director may hire staff as maybe required to carry out the duties set forth herein. Such staff shall serve under the supervision of the human resources department director. 1-8E-2: DUTIES: It shall be the duty of the human resources department director and any staff acting under the authority thereof to: A. Oversee, manage, and direct the human resources function for the city of Meridian; and B. Serve as principal advisor to the mayor and city council on human resource issues; and C. Ensure the city's human resource programs, policies, and practices operate in compliance with applicable state and federal laws, regulations, and audits; and D. Establish and maintain records and reports in sufficient detail to furnish all information necessary for proper administration of departmental activities and to form the basis for reports required by the mayor and city council; and E. Keep informed as to the latest practices in the human resources field and implement, with the approval of the mayor and city council, such new practices that will be of benefit to the city and the public; and F. Assist the mayor and city council to develop long term human resource goals for the city and strategies to implement these goals; and G. Attend the meetings of the city council to provide human resource advice as requested by the mayor or cit_ council. H. Perform or request criminal background investigation of all applicants offered employment, contract employees and/or volunteers to whom criminal history is reasonably related to the requirements of the position, including that which requires or may require the employee to: 1. Handle or have access to secure areas, information, or records; 2. Exercise supervision over children; 3. Work on or around vehicles, equipment, chemicals, or firearms; 4. Gain access to or visit homes, businesses, or other property; 5. Handle monetary accounts or transactions; ORDINANCE ADDING HUMAN RESOURCE DIRECTOR POSITION AND AMENDING DUTIES OF CITY ATTORNEY PAGE 3 of 3 6. Drive a City vehicle as a regular part of employee's duties; or 7. Provide patient care. Section 4. That this ordinance shall be effective on the first day of October, 2013. -..f PASSED by the City Council of the City of Meridian, Idaho, this day of4g, 2013. APPROVED by the Mayor of the City of Meridian, Idaho, this day of Zg,' 2013. APPROVED: my erd, Mayor ATTEST: O� l 'ity of IDIA N�,--- iDAN 0ayceeFooman, City Clerk �� 14t AL the ORDINANCE ADDING HUMAN RESOURCE DIRECTOR POSITION AND AMENDING DUTIES OF CITY ATTORNEY PAGE 4 of 3 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO, 13- 15 (c PROVIDING FOR AN ORDINANCE AMENDING TITLE 1, CHAPTER 8, SECTION IA: SPECIFIC APPOINTMENTS BY MAYOR, BY ADDING A HUMAN RESOURCES DIRECTOR POSITION; AND AMENDING TITLE 1, CHAPTER 8, SECTION 8C-2: DUTIES OF CITY ATTORNEY, BY REMOVING HUMAN RESOURCES RESPONSIBILITY AS SET FORTH IN 1 -8C -2J; AND AMENDING TITLE 1, CHAPTER 8, BY ADDING ARTICLE E: CITY HUMAN RESOURCES DIRECTOR AND SECTIONS; 1-8E-1: APPOINTMENT; TERM OF OFFICE; AND 1-8E-2: DUTIES; AND PROVIDING AN EFFECTIVE DATE. A + 1� of City of Mer' n ' y - IDIA Nt.- Mayor and ' y Council -� I a A H x By: Jaycee Holman, City Clerk �� SEAL --- Pf f�' e TR � AS��. First Reading: C1 -5 Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES ,/ NO Second Reading: ----- Third Reading: ---- STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 13- 15 (, C! 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-_ j 6 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 § 50-901A(3). DATED this � day of X, 2013. William. L.M. Nary City Attorney SUMMARY ORDINANCE ADDING HUMAN RESOURCE DIRECTOR POSITION AND AMENDING DUTIES OF CITY ATTORNEY Meridian City Council Meeting DATE: September 3, 2013 ITEM NUMBER: 9B PROJECT NUMBER: ITEM TITLE: ORDINANCE NO. 13-1573 Second Reading: Ordinance No. 13-1573: Adopting Idaho State Plumbing Code and Local Amendments; Adding Local Amendments to 2009 International Building Code Regarding Restrooms, Drinking Fountains, and Service Sinks in Business and Mercantile Occupancies MEETING NOTES za 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: September 3, 2013 ITEM NUMBER: 10 ITEM TITLE: Future Meeting Topics PROJECT NUMBER: MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 3, 2013 ITEM NUMBER: 11 PROJECT NUMBER: ITEM TITLE: Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To Consider and Advise Its Legal Representatives in Pending Litigation 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