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2013-09-24- ~~ E IDIAN~-- CITY COUNCIL REGULAR I ~,~ ~ ~ MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, September 24, 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 Mite Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of August 20, 2093 City Council Meeting B. Approve Minu#es of August 27, 2013 City Council Meeting C. Approve Minutes of September 3, 2013 City Council PreCounci) Meeting D. Approve Minutes of September 3, 2013 City Council Meeting E. Approve Minutes of September 10, 2093 City Council Workshop Meeting F. Agreement with St. Luke's Regional Medical for Wellness Services G. Agreement with R & J Restaurants for Use of Parklet at Rick's Press Room on September 27-29, 2013 H. Sewer and Water Main Easement for Fall Creek Subdivision No. 1 I. Sewer and Water Main Easement for Red Tail Communities, LLC J. Award of Bid and Approval of Agreement to Contractors Northwest, Inc. far the "Ground Water Reservoir No. 2 and Booster Station -Cons#ruction" for the Not-To-Exceed Amount of $3,991,066.00 Meridian City Council Meeting Agenda -Tuesday, September 24, 2013 Page 9 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. . _ K. Approval of Taslc Order'10418-D for professional design services for "Well 19 Water Treatment Facility" to JUB Engineers, Inc. in the Not-To-Exceed amount of $215,170.00 L, Professional Service Agreement for Animal Control Services and Dog Licensing Between the City of Meridian and the ldaho Humane Society for the Not-to-Exceed Amount of $339,615.00 M. Resolution No. 13-948: Declaring Animal Control Vehicles to be Surplus Property and Authorizing Donation to the Idaho Humane Society, Inc. 6. Items Moved From Consent Agenda None 7. Action Items A. Public Hearing: SHP 13-003 River Valley Retail Subdivision by North Eagle Road, LLC Located at 3230 E. River Valley Street Request: Short Plat Consisting of Two (2) Building Lots on 1.14 Acres of Land in the C-G Zoning District Approved B. Public Hearing: Updates to Meridian Police Department Fee Schedule / C, Resolution No. 13-949: Updates to Meridian Police Department Fee 1. Schedule Approved D. Public Hearing: 2014 Solid Waste Rate Changes Fee Schedule E. Resolution No. 13-950: Approving the 2014 Solid Waste Fee Schedule Approved 8. Ordinances A. Ordinance No. 13-1578: Updating Animal Gontrol Ordinance Approved 9. Future Meeting Topics None 10, Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To Consider and Advise lts Legal Representatives in Pending Litigation Mayor joined Executive Session at 7:08 p.m. Into Executive Session at 6:12 p.m. Out of Executive Session at 7:21 p.m. Adjourned at 7:21 p.m. Meridian City Council Meeting Agenda -Tuesday, September 24, 2013 Page 2 of 2 All materials presented at public meetings shat! become property of the City of Meridian. Anyone desiring accommodation fordisabilities related to documents andlor hearing, please contact the City Clerk's ~fPice at 888-4433 at (east 48 hours prior to the public meeting. Meridian Citv Council September 24, 2013 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, September 24, 2013, by President Brad Hoaglun. Members Present: Brad Hoaglun, Charlie Rountree, David Zaremba, and Keith Bird. Members Absent: Mayor Tammy de Weerd. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Sonya Watters, John Overton, Perry Palmer, Steve Siddoway and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird O Mayor Tammy de Weerd Hoaglun: Well, let me call this meeting to order. It is Tuesday, September 24th. It is 6:00 p.m. and Mayor de Weerd is attending another meeting, but will be joining us as soon as she gets back. Madam Clerk, would you, please, call roll. Item 2: Pledge of Allegiance Hoaglun: Our next order of business is the Pledge of Allegiance. If we can all rise. (Pledge of Allegiance recited.) Item 3: Community Invocation by Stephanie Moore with Ten Mile Christian Church Hoaglun: Our next item on the agenda is the community invocation by Stephanie Moore of Ten Mile Christian Church, as she comes forward. You can join us in this community invocation or take this as a moment for a personal reflection. Thank you, Stephanie. Moore: Thank you. Our God, we find ourselves so grateful -- I know that I do particularly today for our community, a community that cares about us and a community that we can care about, that we would be able to work jointly together and I thank you that people who are here this evening are people who are just such folks, who really have invested time out of their regular schedule or even made it a part of their regular schedule to care for us all. And, God, I pray that in this time we would be keeping really appreciative of one another and that the things that need to happen so that our community can continue to grow and do well will take place this evening. And, God, we thank you that you are with us always and that you love us unconditionally, in Jesus' Meridian City Council September 24, 2013 Page 2 of 10 name I pray, amen. Item 4: Adoption of the Agenda Hoaglun: Thank you. The next item is adoption of the agenda. Councilman Rountree. Rountree: Mr. President, Item 5-M, the resolution number is 13-948. Item 7-C, the resolution number is 13-949. 7-E, the resolution number is 13-958. And Item 8, Ordinance No. 13-1578. And with those additions to the agenda I move that we approve and adopt the agenda. Zaremba: Second. Hoaglun: We have a motion to adopt the agenda as presented. All those in favor please say aye. All ayes. The agenda is adopted. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of August 20, 2013 City Council Meeting B. Approve Minutes of August 27, 2013 City Council Meeting C. Approve Minutes of September 3, 2013 City Council PreCouncil Meeting. D. Approve Minutes of September 3, 2013 City Council Meeting. E. Approve Minutes of September 10, 2013 City Council Workshop Meeting. F. Agreement with St. Luke's Regional Medical for Wellness Services G. Agreement with R & J Restaurants for Use of Parklet at Rick's Press Room on September 27-29, 2013 H. Sewer and Water Main Easement for Fall Creek Subdivision No. 1 I. Sewer and Water Main Easement for Red Tail Communities, LLC J. Award of Bid and Approval of Agreement to Contractors Northwest, Inc. for the "Ground Water Reservoir No. 2 and Meridian City Council September 24, 2013 Page 3 of 10 Booster Station -Construction" for the Not-To-Exceed Amount of $3,991,066.00 K. Approval of Task Order 10418-D for professional design services for "Well 19 Water Treatment Facility" to JUB Engineers, Inc. in the Not-To-Exceed amount of $215,170.00. L. Professional Service Agreement for Animal Control Services and Dog Licensing Between the City of Meridian and the Idaho Humane Society for the Not-to-Exceed Amount of $339,615.00 M. Resolution No. :Declaring Animal Control Vehicles to be Surplus Property and Authorizing Donation to the Idaho Humane Society, Inc. Hoaglun: Item 5. Adoption of the Consent Agenda. Rountree: Mr. President, I move that we adopt the Consent Agenda as amended. Zaremba: Second. Hoaglun: We have a motion to approve the Consent Agenda as presented. Madam Clerk, would you, please, call the roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: It occurs to me we should add authorization for either the Mayor or President to sign and Clerk to attest. Hoaglun: Yes. The Mayor will be back, so she will be the one signing and -- Zaremba: Okay. Hoaglun: I -- yes, that was -- Zaremba: Can we include that in the motion or do we need to add -- add a new motion? Rountree: That's implicit in the motion. Meridian City Council September 24, 2013 Page 4 of 10 Hoaglun: Yeah. So, I think we are good with it. Zaremba: Okay. Hoaglun: It's on the record. Zaremba: Typically in the motion. Item 6: Items Moved From Consent Agenda Hoaglun: Item 6. We had no items moved from the Consent Agenda. Item 7: Action Items A. Public Hearing: SHP 13-003 River Valley Retail Subdivision by North Eagle Road, LLC Located at 3230 E. River Valley Street Request: Short Plat Consisting of Two (2) Building Lots on 1.14 Acres of Land in the C-G Zoning District Hoaglun: No. 7-A is a public hearing on SHP 13-003 and, Sonya, are you presenting that tonight? Watters: Yes, I am. Thank you, Councilman Hoaglun, Councilmen. The application before you is a request for a short plat. This site consists of 1.14 acres of land. It's currently zoned C-G and is located at 3230 East River Valley Street at the northeast corner of North Eagle Road and East River Valley Street. The request for the short plat consists of two building lots on 1.14 acres of land. The property qualifies for a short plat under the provisions in UDC 11-6B5. There is an existing building and parking lot on Lot 1 that fronts on Eagle Road. Street buffer landscaping and a ten foot wide multi-use pathway was recently installed along Eagle and River Valley in accord with current UDC standards. Pedestrian lighting was also installed along the pathway along Eagle Road. Written testimony was received from Becky Wright, the applicant, in agreement with the staff report. She is not here tonight, but, like I said, she did submit written comments in agreement with the staff report. There are no outstanding issues for Council and staff is recommending approval of the proposed short plat. Staff will stand for any questions Council may have. Hoaglun: Thank you, Sonya. Council, do you have any questions? Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: Just because of the key location of this property, I would like to confirm that cross-access agreements are in place with the other properties around it. Is that true? Meridian City Council September 24, 2013 Page 5 of 10 Watters: Councilman Zaremba, Councilmen, yes, the cross-access easements are in place. They are shown there on the proposed plat to the north. Zaremba: Thank you. Rountree: I have no questions. Bird: I have none. Hoaglun: Okay. As we heard, the applicant has submitted their testimony in writing in agreement with the staff report. This is a public hearing. Is there anyone else who would like to testify in this matter? Council? Bird: Mr. President? Hoaglun: Councilman Bird. Bird: I move we close the public hearing --the public hearing on SHP 13-003. Rountree: Second. Hoaglun: I have a motion to close the public hearing on 7-A. All those in favor, please, say aye. All ayes. MOTION CARRIED: ALL AYES. Hoaglun: Councilman Bird. Bird: I move we approve SHP 13-003 and include all staff comments and written applicant comments. Rountree: Second. Hoaglun: We have a motion and a second to approve SHP 13-003. Madam Clerk, would you, please, call the roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: ALL AYES. B. Public Hearing: Updates to Meridian Police Department Fee Schedule Meridian City Council September 24, 2013 Page 6 of 10 Hoaglun: Item 7-B, update to Meridian Police Department fee schedule. Lieutenant Overton, I assume that would be you. Overton: President Hoaglun, Members of Council, yes, that would be me. Very similar to what we talked about two weeks ago this coming forward. The public hearing today for the update and changes to the fee schedule for the Police Department has to do with the service agreement with Idaho Humane Society and changes to our fee schedule to make it consistent with language they are using now. Specifically to go over where it's changing, words such as impound fee to redemption fee. We are changing relinquishment to surrender. We are also adding fees for cats and for livestock and all of these changes are to, basically, bring us into a consistent manner in which our fee schedule matched their fee schedule both in cost and language. I stand for any other questions. Hoaglun: So, lieutenant, that addition for livestock wasn't because we have been having problems, it's just to make it consistent, is that what I heard? Overton: That's correct. And to be prepared in the future. Hoaglun: Any other questions, Council? Bird: I have none. Rountree: I have none. Hoaglun: This is a public hearing, the updates to this fee schedule. Is there anyone who would like to testify? Bird: Mr. President? Hoaglun: Councilman Bird. Bird: I move we close the public hearing on the Police Department fee schedule. Rountree: Second. Hoaglun: I have a motion and a second to close the public hearing to Item 7-B. All those in favor please say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. C. Resolution No. :Updates to Meridian Police Department Fee Schedule Hoaglun: 7-C is the resolution to update the Police Department fee schedule. Meridian City Council September 24, 2013 Page 7 of 10 Bird: Mr. President? Hoaglun: Councilman Bird. Bird: I move we approve Resolution No. 13-949. Zaremba: Second. Hoaglun: We have a motion and a second to approve Resolution 13-949. Madam Clerk, would you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: ALL AYES. D. Public Hearing: 2014 Solid Waste Rate Changes Fee Schedule Hoaglun: 7-D is a public hearing on the 2014 Solid Waste rate change fee schedule and I don't know if we have staff here to speak to that or not, do we? Nary: Mr. President? Hoaglun: Mr. Nary. Nary: Mr. President, the -- I think we were here a couple weeks ago again with the folks for Republic Services. They are very small changes to most of it. We have published the entire schedule. There is some new fees that were added and some additional services, but Idon't -- I was anticipating someone being here tonight, but I guess they are not. But it has been advertised and it's ready for approval if the Council is willing. Hoaglun: We did have that presentation a couple weeks ago and it was very clear, just a couple of fees we were changing and one that was an addition to include service on Sunday for some pickup. So, this is a public hearing. Is there anyone in the audience who would like to testify to this fee schedule change? Rountree: Mr. President? Hoaglun: Councilman Rountree. Rountree: Seeing none, I move that we close the public hearing Item 7-D. Zaremba: Second. Hoaglun: We have a motion and a second to close the public hearing on 7-D. All those Meridian City Council September 24, 2013 Page 8 of 10 in favor please say aye. All ayes. MOTION CARRIED: ALL AYES. E. Resolution No. 2014 Solid Waste Fee Schedule Rountree: Mr. President? Hoaglun: Councilman Rountree. Approving the Rountree: I move that we approve Resolution 13-950 for the Solid Waste Fee Schedule. Zaremba: Second. Hoaglun: We have a motion and a second to approve Item 7-E. Madam Clerk, would you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 8: Ordinances A. Ordinance No. _ Control Ordinance Updating Animal Hoaglun: Item 8-A is Ordinance 13-1578, updating the animal control ordinance. Madam Clerk, would you please read this ordinance by title only. Holman: City Meridian Ordinance No. 13-1578. An ordinance of the City of Meridian amending Meridian City Code Section 6-2-1, relating to definitions. Amending Meridian City Code Section 6-2-2 relating to animal control officer and animal -- and city animal shelter. Amending Meridian City Code Section 6-2-4 relating to impoundment, redemption, and surrender of animals. Amending Meridian City Code Section 6-2-5 relating to declaration of abandonment and providing an effective date. Hoaglun: Thank you, Madam Clerk. Is there anybody who would like to hear that ordinance read in its entirety? That's a no from Ralph. Rountree: Ralph says no. Bird: Mr. President? Meridian City Council September 24, 2013 Page 9 of 10 Hoaglun: Councilman Bird. Bird: Seeing how nobody wants it read in its entirety, I move we approve Ordinance No. 13-1578 with suspension of rules. Zaremba: Second. Hoaglun: We have a motion and a second to approve Ordinance 13-1578. Madam Clerk, would you, please, call the roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 9: Future Meeting Topics Hoaglun: Item 9 is Future Meeting Topics. Is there anything the Council would like to bring to our attention? Bird: I have none. Rountree: I have none. Item 10: Executive Session Per Idaho State Code 67-2345 (1)(~: (fl To Consider and Advise Its Legal Representatives in Pending Litigation Hoaglun: Okay. Item 10 is Executive Session. Bird: Mr. President? Hoaglun: Councilman Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(1). Rountree: Second. Hoaglun: We have a motion and a second to go into Executive Session. Madam Clerk, would you, please, call the roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. Meridian City Council September 24, 2013 Page 10 of 10 MOTION CARRIED: ALL AYES. Hoaglun: We will adjourn into Executive Session. EXECUTIVE SESSION: (6:12 p.m to 7:21 p.m.) (Audio recording not available.) MEETING ADJOURNED AT 7:21 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~i~i ~~~~ DATE APPROVED ClhT•ot ,T J ccr 9S3tiH0 \ ., ~i JELL ;.fs' Fv ~ ~ c 15~~ ., i MAYOR MY DE WEERD ATTES Changes to Agenda: None Item #7A: River Valley Retail {SHP-93.003} Appltcation(s}: - Short Plat Size of property, existing zoning, and location: This site consists of 1.94 acres, is currently zoned C-G, and is located at 3230 E. River Valley Street, at the northeast corner of N. Eagle Road & E. River Valley Street. Summary of Request: Request far a short plat consisting of 2 building lots on 1.14 acres of land in a C-G zoning district. The property qualifies far a short plat under the provisions in UDC 11-6B-5. There is an existing building and parking lot on Lot 1. Street buffer landscaping & a 10' wide multi-use pathway was recently installed along Eagle & River Valley in accord with current UDC standards. Pedestrian lighting was also installed along the pathway afang Eagle Raad. Vllritten Testimony: Becky Wright (in agreement} Outstanding Issues} for City Council: None Staff Recommendation: Approval Notes: Meridian City Council Meetingr DATE: Sep#embel- 24, 2013 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Approve Minutes of August 20, 2013 City Council Meeting MEETING NOTES ~ REPROVED Community ItemlPresentations Presenter Contac# Info.lNotes CLERKS OFFICE F1NAL ACT10N DATE: E'MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: Se tember 24, 2Q~ 3 ITEM NUMBER: 5B PRCIJECT NUMBER: ITEM TITLE: Approve Minutes of August 27, 2013 City Council Meeting MEETING NOTES ~~~ Community Item/Presentations Presenter Contact Info.INo#es ~~ ,~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: _September 24, 2413 ITEM! NUf~tIBER: 5C PROJECT NUMBER: ITEM TITLE: Approve Minutes of September 3, 2013 City Council PreCouncil Meefiing. MEETING NOTES ~/i RPfflOVED Community ItemlPresentations Presenter Contact Info.INotes CLERKS aFFICE FINAL ACTION DATE: E'MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 24, 2013 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: Approve Minutes of September 3, 2013 City Council Meeting. MEETING NOTES ~ WPFROVED Community Item/Presentations Presenter Contact [nfo.lNotes CLERKS OFFICE FINAL AGTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 24, 2013 ITEM NUMBER: 5E PROJECT NUMBER: ITEM TITLE: Approve Minutes of September 10, 2013 City Council Workshop Meeting. MEETING NOTES ~/ ~€~~ROVEU Community Item/Presentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTIQN DATE: E-MAILED TO STAFF SENT TO AGENCY SENT 70 APPLICANT ~ NOTES INITIALS Meridian Cify Council Meefing DATE: September 24, 2013 ITEM NUMBER: 5F PRQJECT NUMBER: ITEM TITLE: Agreement with St. Luke's Regional Medical for Wellness Services MEETING NOTES ua RP~8~YE0 Community ItemlPresentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS St. Luke's Regional Medical Center, Ltd., Service Agreement This Agreement Is made as of Octaher 1, 2013 (#lie "Effective pate"} by and between St. Luke's Regional Medlca{ Center, Ltd., an Idaho nan- profitcorporation ("SLRMC'} and The City of Meridian ("C[ient"}. WHEREAS, SLRMC IS a healthcare delivery system dedicated to improving the health of the population it serves. SLRMC's programs and services include Wospital and Physician Services, Occupational Health and Wellness Services, and, WHEREAS, Client, 15 a municipal corporation organized under the laws of the State of Idaho; and, WHEREAS, SLRMC and Client desire to work together to create a long term plan to Improve the health and well being of Client's employees through workplace assessment, wellness screenings, health promotion services and occupational health services, Intiudln$ injury assessment, treatment and case management; NOW WHEREFORE, in Consideration of the recitals and mutual covenants, agreements, and Inducements contained herein, the parties hereby agree as fo{lows: 1. Duties of 5LaMC a. SLRMC w111 provide the services outlined in Exhibit °A" [the °Services") attached hereto and Incorporated by reference herein. b. SLRMC wilt designate a key contact in OccupatianaE Health and Wellness to serve as liaison far theServices. c. SLRMC will Invoice Client on the 1st day of each month for services rendered during the prior month. 11. Duties of Client: a. Client agrees to engage managerial support of the Services. b. Client will designate a key contact in Occupatlona! Health and a contact in Wellness to serve as liaison for such Services. c. Client will pay each Invoice within 30 days of receipt. d. Client agrees to designate St. Luke`s Occupational Health, a division of SLRMC, as a preferred provider of occupational health services to Client's employees. [II. Fees/Compensation: a. Client agrees to pay Far Services performed under this Agreement at rates Identified on Exhlblt "A", which is attached hereto and incorporated by reference herein. Fees for Services not Itemized in Exhlblt A will be charged at SLRNiC`s standard rate In effect at the time services are performed. Said Fees shalt be those charged by SLRMC io ~ather customers under similar circumstances, IV. Requirement of liability and other insurance and ability of either party to request certificates of Insurance: a. SLRMC agrees to maintain in Force during the term of this Agreement contractual general liability insurance su€ficient to cover the obligations assumed under this Agreement; minimum limits of one million dollars ($1,000,000) per occurrence and three million dollars ($3,000,000) in the aggregate. This duty shall survive the termination of this Agreement. Such Insurance shall be provided by insurance company{lest acceptable to both parties and licensed to conduct business to the State of ldaho. b. A certillcate of insurance verifying such coverage shall be made available to both parties at their request. Each party shall notify the other at least thirty {30) days In writing prior to cancellation, reduction ar material change In coverage. In the event of Insufficient coverage as defined in this paragraph or lapse of coverage by one party, the other party reserves the right to terminate this Agreement. e. Cllent agrees to maintain In force duringntte ~trenr nlmum ~imgis ofi dive hundred thousand dlo airs t$SDO,D00 00} pereoccurrence ase obligations assumed under this Agret: , Insurance required bylaw. This duty shalt survive the termination of this Agreement. Such insurance Shall be pr4vlded 6y company{ies} acceptable to both parties and licensed to conduct business in the State of;daho_ V, Term of Contratt: This Agreement shall be vai5e tfortinin this Agreemeent, aUndtmay be renewed annuatly by the Agreement of both partles~ted In accordahce wtth the terms V1, Cancellation(Termination(Renewal Process: This Agreement may be terminated and cancelled with or without cause, without penalty, at any time, by the following methods. a. Annual Termination: This Agreement shall automatically terminate at the end of each fiscal year {September 30~h}and maybe renewed by mutual written agreement of the parties. b. Termination 6y Agreement: In the event SLRNIC and Client shall mutually agree in writing, this Agreement may be terminated on the terms and date stipulated therein. c. Termination far Specific Breathes: In the event either party steal! breath any provision of this Agreement, this Agreement maybe on 60 days' prior written notice. terminated at the discretion of either party up d. OptlonalTermination: 4n writtennnotllcee ih srAgreemen shall terminalte on the future date speclf ed In1 uch not ce~he other at least ninety (90} days` advance e. Failure to Appropriate Funds: In conformity with the provisions of Article VIII, Section 3 of the Idaho Constitution, In the event that the Client falls to make an annual appraptlat'ron of funds for the costs associated with this Agreement, Cllent may terminate tuts Agreement upon 34 days' pilot written notice. Upon such termination of this Agreement, neither party shall have any future obligation hereunder except for: {aj obligations accruing prior to the date of terming#ion, and (b} obligations, promises, ar covenants contained herein which are expressly made to extend beyond the term{s} of this Agreement. There shalt be no other penalty for cancellation an either party. VII. f~}atlce Aravisians: Any notice required or permitted to be given by this Agreement shalt be given post paid, first class, registeted or certified mall, or by courier, properly addressed to the other Party at the respective address as show below: [f to: St_ Luke`s Regional Medical Center 190 E.liannockStreet Boise, ID 83712 Attn: Employer Relations Department with a copy of any notice of default to: St. Luke's Regional Medical Center 194 E. Bannock Street Boise, ID $3712 Attn: GeneraS Counsel If to City of Meridian: City of Mer]dlan 33 East Broadway Avenue C NSerldian, fdaho 831id2 Attn: City Clerk Vlll. Actess to Records: To the extent Section 952 of the dmnlbus Reconciliation Act of 1984 {public Law 9fi-A99) is found applicable to this Agreement, until the expJration of four years after the furnishing of service pursuant to this Agreement, f}oth parties agreo to mafce available upon written request to the Secretary of Health and Human Services, ar upon request to the Comptroller General, ar to any of their duly authorized representatives, th{s Agreement and books, documents and records that are necessary to certify the nature and extent of any costs of the services arising from this Agreement. Further, if SLRMC carries out any of its duties arising from this Agreement through a subcontractor with a value or cost of Ten Thousand Dollars {$10,000) or mare over a 12-month period, with a related organization, such subcontract shag contain a clause to the effect that untH the expJratlon of four years after the furnishing of such services pursuano~to on res uest to the the related organization shall make available, upon written request to the Secretary of Health and Human Services, up 9 Comptroller General, or any of their duly authorized representatives, the subcontract and books, documents and records of such organization that are necessary Ea certify the nature and extent of such Costs. lX. lndemnlflcatlon: intenElanallyomitted X. Nan-dlscrlmination: Neither party will discriminate in employment or provision of services with respect to age, race, talon, religion, ml{Itary status, sexoa! orlentatlon and diagnosis, national origin, disability, source of payment or ability to pay. Xl. Assl~nment provisions: 'this Agreement shall not be assigned or transferred without the express written consent of either party to the other. Xli. No Partnership orAgency: Nothing herein shall create, not be deemed to create, a partnership or an agency relationship between the parties and neither party is authorized to act on behalf of the other unless the outer has agreed in advance in writing. In all matters pertaining to this Agreement, 5LFtMC shah be acting as an independent contractor, and Walther SLRMC nor any officer, employee ar agent of SLRMC will be deemed an employee of Client. Tfte refection a nd designation of the personnel of in the performance of this Agreement shall be made by Client. XUI. Conildentlallty: During the course of this Agreement Client and SLRMC may communicate certain information to Bath other, andf or the parties may come Into contact with confidential proprietary Information of each other, its affiliates, members, subsidiaries, or of other agencies In the context of the relationship described herein. This Information shalt Include, but not be ]invited to, lndivJdually identifiable medleal Information. CilentandSLRMCsha11: a. Treat all such information as proprietary and confidential whether or not ident[fied as proprietary and confidential; b CI/eMl to any personhflrm~ or co~porat n, or use Ilin anyrmanrner whatsoeverawithout the prior written consenkt F both pariles.es for c. Hold each other harmless, to the extent allowed Bylaw, against any claims arising out of either parties disclosure of proprietary and canfldential information to an unauthorized third party; and d. Promptly return any such information in its possesslan upon termination of this Agreement, or at written request of one to another. Both SLRMC and Client agree that in the event either party breaches or threatens to breach lice provisions afthls section, such breach or threatened Breach wauid cause irreparable harm to the non•breachtng party, and the non•breachJng party would be entitled to'rnjunctive and other equ{table relief to prevent such breach or to remedy an actual breach. Such action may be good cause to terminate this Agreement without the necessary notice and walling period. The obligations set forth In this paragraph Shall Survive the termination of this Agreement. Business Associate rte u e enis. client will make disclosures of Protected Neaith information (pHl} only as necessaryto perform its obligations under the Agreement. Obggations of Business Associate ("Client"}: a. CIlent agrees to use and/ar disclose PHI only as permitted or required by the Agreement or required by law. b, Client agrees to use appropriate safeguardsto prevent use or disclosure of PHf other than as permitted or required by the Agreement. c. Client agrees to report Yo any use or disclosure of FHI that Is not permitted ar required by the Agreement ofi which #t becomes aware. d, Client agrees to require all Its subcontractors and agents that create, receive, use, disclose or have access to FHi to agree, in writing, to the same restrictions and conditions on the use and/or disclosure of PH1 that apply to Client. e, Client agrees to make available its internal practices, books, and retards relating to the use and disclosure of PHI to the Secretary of the pepartment of Health and Human Setvlces ("HFIS") for purposes of desermining wmpliance with the FSIPAA Medtcai Privacy Reguiatlon. ' f. Gllent agrees to make available, in less than fi4 days of receiving a written request from, information necessary for to make an accounting of disclosures of PHi about an indlvldual. g. CIlent agrees to make available, in less than 30 days of receiving a written request from, PHi necessary to respond to individuals' requests far access to PHI about them. h. Client agrees to incorporate, in less than GO days of receiving a written request from, any amendments or corrections to the PHI In accordance with the HIPAA Medical Privacy Regolation. I.Ififeasible to do so, Client agrees to return to or destroy, within a specified number of days of the termination or expiration of the Agreement, and retain no copies of, the PHI, Including such information in possession of the Client's subcontractors. j, SLRMC may terminate this Agreement If makes the reasonable determinatton that Client has breached a material term of the Agreement, XIV. CampSlance with Laws a~td Regulatory Agencies: In performing the duties required under this Agreement, Client and shall comply w1tN all applicable laws, ordinances, and codes of federal, state, and local governments, as Weil as Joint Commission on Actredltatlon of Healthcare Organization 5tandaMs. }cV. Governing Law/Venue/Choice ai law Provlsians: This Agreement shall be governed by and shalt be construed In accordance with the laws of the State of Idaho, regardless of Its choice of law pravis#ons. Any dispute, controversy or other tlalm arising out of this Agreement shall be resolved in the State of idaho In the Fourth courts wits in t e State of dahouand eachpwaives theh fight totchailenge the pelsana! jurisdict on of those ciourts over it to and federal xvl. validity: It one or more of the provisions contained in this Agreement is held invalid, Illegal or unenforceable in any respect by any court of competent jurisdiction, Such ha[ding will not impair thevalidity, legality, or enforceability of fire remaining prov'ssions. XVll, Excluded provider Warranty: Each party hereby represents and warrants thatthey are not and at no time have been excluded from participation in any federally funded health care prpgram, including Medicare end Medicaid. The part'ses hereby agree to imrnedrately notify each other, in writing, of any threatened, proposed, or actual exclusion from anyfederally funded health care program, including Medicare and Medicaid, in the event is "n breach of h ssSectione this Agreement s1halinas of the effective date ofisuch ex cusgon ordbreachfiautomaticaily to m nate.t that party XVllI. Merger Clause: This Agreement, including any incorporated exhibits, addendums, and attachments constitute the entire understanding ofthe parties with respect to its subject matter. This Agreement supersedes and terminates all prior or contemporaneous representations, warranties, and agreements, written or oral, regarding the subject matter of this Agreement. Any modification to this Agreement must be In writing signed by bath parties. XIX. Signature of Authorized Representatives: IN WITNESS WHEREOF, the authorized representatives of SLRMC and Client, having full authority to do so, agree to the terms and conditions of this Agreement and have executed this Agreement as of the Effective Date, Execution by the City of Meridian is acknowledgment that all necessary Clty Council approvals have been obtained. St. Luke's Regional Medical Center, Ltd., By: Lei Name: Ra~ait~Bitfirrgs'y6N.V k~E Title: Vice President Raya~awd-Rr s tr d~~.unr /c d~J.•~e ; o~~ late:S I •©I j City of Meri ion Y: Name: Tatum de eerd Title: Niayor late: ~ ~~ /~L~D nUCUy~ G~4 119 -> °w v ,~ Ia1~,TI?~AN~ ~na~,o ~~f STr,~iL ~`~ t r E°. R~0rr5F TAExs~& that either party Is excluded from participation in any federally funded health care program during the term of this Agreement that party is in breach of this Section, this Agreement shall, as of the effective date of such exclusion or breach, automatically terminate. XVIII. Merger Ciause_ This Agreement, Including any incorporated exhibits, addendums, and attachments constitute the entire understanding of the parties with respect to its subject matter. This Agreement supersedes and terminates all prior or contemporaneous representations, warranEies, and agreements, written or oral, regarding the subject ma#ter of this Agreement. Any modi(icatlon to this Agreement must be in writing signed by both parties. )tIX. Signature of Authorized Representatives: IN WlTNE55 WHEREOF, the authorized representatives of SLRMC and Client, haying full authority to do so, agree to the terms and conditions of this Agreement and have executed this Agreement as of the Effective Date. Execution by the City of Meridian is acknowledgment that all necessary City Council approvals have been obtained. st. t.ufce's Regional Medical C~ejn~te~r, Ltd., Name: RandafF'~+L'r' ~N^~ /(C L E Title: Vice PresidentPayer-aRd-Rre~+derR'p'~~s J/c?~'wC/ ll~ O~r~j:-f{Ong Date:S ~ ~ City of Title: Mayor `-~' { Date:. ~ ~~ ~og~;rrv n uo~s,- ~~ ,~9 O 1 JOy1.~LJllv..i~u i ,a, ~ ~ ~~ Date• JJ , , ~ "~ SEf~.I, E'yTF 6a4y kerrae fRE~°LP Attachment A r- The Personal Wellness Profile (PWP}'s5 a powerful assessment too! used to evaluate health status, identity risk factors, and highlight $,i0/participant billed to Biue Cross Perso»al Wailness areas for improvement. The assessment addresses personal of Idaho Profile medical history, nutrition, exercise habits, mental health, safety $20 far new hires practices and lifestyle cho'sces. In addition to t}ie assessment, YJe provide biometric measures included in Health Screenings such as biaod pressure, height, weight, and waist circumferences, tests including a lipid and glucose panel. b above pricing oratory as welt as, la The Personal Wellness Profile Report provides an overall Wellness score and helps participants understand their modifiable health rovides preventive actions rt Included In individual iteparts p risk factors. This comprehensive repo and recommendations For positive behavior changes such as above pricing exercise, nutrition, weight ions, stress management, tobacco cessation and injury prevention. The Executive Summary Report prioritizes health risk factors and offers recommendatlonsfnr health improvement programs based on group needs. Intluded in Management fleports The Productivity and Economic i3enefits Report shows the mber of health risk factors and their h above pricing e nu relationship between t effect on rnedica! claims, productivity and absenteeism. R forecas#s potential health savings far your organization relative to risk reduction goals, to identify and contact any individual who Is at i ce !t is our pract elevated risk for disease. All partlclpants will have the opportunity Included In above pricing RN Fallow~tlp forfollow-up with a Registered Nurse by tailing the number provided with their individual reports. The designated Wellness Coordinator will be responslUle far the development, implementation, and evaluation of the Strategic Flan, Eneluding 203/20).4 goals and objectives and all programs and services. This will also include: Coordination of Wellness Committee meetings and Qnstte Wellness activities $1$,000Jyear Coordinator , coordination and implementation of the f ersonal ($150oJmonth} Wellness Profile, Health Screenings & flu shots • Development, implementation and evaluation of all health promotion programs Tracking and reporting of Incentive program paints Development of metrics end re orting of outcomes Health Professionals from various specialties wilt be made available throughout the year to pravldeone-on-one consults, presentations, as well as assistance with program development. The calendar of events will reflect the pre-determined programs/servites each health tare professional will provide. 1f new program ideas arise throughout the wellness year, schedules Included In Health Professionals and availability will 6e adjusted to accommodate the needs. above pricing Health Coaching empowers individuals to develop a personal Wellness Plan. Coaches focus on the individual needs of each employee to set realistic goats, overcome obstacles and encourage them to gv beyond whatthey would accomplish without support. Each coaching program will vary based on the unique needs of each individual. incentive programs are targeted Intervention programs with the goal of positive behavior change. These morale- boosting programs support d culture of healtlt & wellness, provide an opportunity for educe#ion as well as engage individuals In behavior change process. The type of program will be derived from the outcome of PWP and Health screening and/or interest survey. Programs th Program included In above pricing. Wellness Challenges e can be focused on weight foss, improved fitness, nutrition, healthy $5/participant holiday habits, etc. These programs are web-based and self- directed.7heyinclude team support, prograrn materials and education, friendly Competition and usually include an incentive for successful completion. Development and monthly update of a co-branded wellness b it website that is accessible through the organisations intranet home The website will Include a monthly health theme, the age Included in above pricing s e We . p iiealthwise Knowledgebase, "Know Your Numbers" video presentation, healthy recipes and nutritlanal in#ormation. St. Luke's will make available a tobacco Cessation program with our community partner, Quit with Nancy. The program will be ~3Qp/participant Tobacco Cessation supplemented with group lasses and/or tndlvidual health coach[ng to support the employee and improve the success rate. Nicotine testing involves a simple oral collection (mouth Swab) Nicotine Testing that provides resuSts in 10 minutes. The test accurately screens For $10Jparticipant (options) to support cotln}ne, the primary metabolite of nicotine. tobacco free initiative) We recommend designating $5000, or another determined amount, in the wellness budget to fund cash or merchandise N/A incentive Reserve incentives for program participation. Direction of how funds are appropriated will derive trom the Wellness Committee. Incentive programs are targeted Intervention programs with the goal of positive behavior change. These marafe-boasting programs support a culture of health & wellness, prov}de an opportunity for education as well as engage }ndlvlduals In behav}ar change process. The type of program will be derived from the outcorrre of s Program Included in above pricing. Wellness Challenges the PWP and Health screening and/or Interest survey. Program can be focused on weight lass, improved fitness, nutrition, healthy $5/participant holiday habits, etc. These programs are web-phased and self- directed, They include team support program materials and education, friendly competition and usually Include an incentive for successful completion. Developrnentand monthiyupdate of a co-branded wellness website that is accessible through the organizations intranet home Webslte page. The website will include a monthly health theme, the Included in above pricing Nealthwise Knawledgebase, "Know Your Numbers" video presentation, healthy recipes and nutritional information. -Provision of timely and appropriate responsiveness to Client's employee needs and offer appropriate treatment in an Subject to State Worker's occupational medicine ciinic headed by a physician who Campensatton t=ee Schedule. In}ury Treatment specializes in occupational medicine Schedule In subJect increases -24 hour access fo services through locations linkages to ensure determined by the State of Idaho. con#inuaus communlcaiion and support for after hour and emergent treatment. -Provision of an occupational health case coordinator to serve as point of contact for Client, employee and surety/administrator -Case coordinator shall be responsible to provide monitoring of Client employees' progress, arrange for treatments and Procedures and communicate the necessary medical and return- Included as part of injury Case Coordination #o-work information to the Client employee, Client, and treatment. designated insurer. -Communication with client via phone, fax, pager, a-mall and in person to keep all updated as to treatment plans, return to work strategies and "next step" information. -Frovlslon of an occupational health case coordinatorto serve as paint of contact for Client, employee and surety/administrator -Case coordinator shall be responsible to provide monitoring of Client employees' progress, arrange For treatments and procedures and communicate the necessary medical and return- Included as part of InJury Case Coordination to-work information to the Client employee, Client, and treatment. designated insurer. -t;ommunicatlan with Client vie phone, fax, pager, a-mai! and in person to keep all updated as to Treatment plans, return to work strategies and "next step" information. -Provision of activity status reports Ea the employee, Client and designated suretyjadminlstrator. Included as part of Injury Activity Status Report -Report shall outline diagnosis, treatment. and activity restriction, treatment. as weR as recommended fallow-ap care. -Provision of referral farms that tan be given to a Client's employee pr[or #o his/her appointment to expedite the ease included as part of InJury Fntms and Information process handling. _provision of education and written material an processfor InJury treatment. treatment, including talking point on designated provider, maps, etc. Respirator Certifications including • Respiratory Questionnaire Review other Services + Spirometry {as needed}. Current Occupational Fee Schedule Provided _Medical Evaluation , .HepatltisA -Hepatitis 13 -Tetanus f Diphtheria ]mmunizations Onsite immunizatlan ciinic to ensure your employees are protected against seasonal flu. We schedule annual clinics from No charge due to 3 year contract Flu Shots October through December and provide marketing materials to {regular fee $ZO/partfcipanij promote your event. This wi[I also include coordination of flu shots clinics at various City of Meridian locations. Meridian City Council Meefing DATE: September 24, 2013 ITEM NUMBER: 5G PROJECT NUMBER: ITEM TITLE: Agreement with R & J Restaurants for Use of Parklet at Rick's Press Room on September 27-29, 2013 MEETING NOTES ~ ~~PROVED Community item/Presen#ations Presen#er Contact info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED 70 STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 3 .v ,. s z:;. +., AGREEMENT FOR USE OF PARI~E ` 1 ~. This AGREEMENT FOR USE OF PARKLET (hereinafter "Agreement") is made this ~ day of September, 2013 (the "Effective Date"), by and between the Cify of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and R&J Restaurants, LLC, a limited liability company organized under the laws of the State of Idaho whose address is 1195 W. Hitchcock Street, Meridian, Idaho (hereinafter "User"). WHEREAS, the term "parklet" describes a space that temporarily extends the sidewak£ area into a parking spot for the purpose of offei7ng amenities such as seating, vegetation, and art to pedestrians and downtown business patrons; WEIEREAS, the Planning Division of the City of Meridian Community Development Department has prepared a pilot parklet program for downtown Meridian, with the objectives of encouraging interest in downtown businesses, demonstrating the value of streetscape improvements to aesthetic and economic development, and creating a space for downtown patrons to enjoy outdoor dining while preserving pedestrian use of the sidewalk; and WHEREAS, City awns mobile decking and related accoutrements generally as depicted in the rendering attached hereto as Exhibit A {"Parklet"), and the Parklet will be parked in a parking spat front of User's business; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and User agree as follows: I. PERMISSION GRANTED. Subject to the terms and conditions set forth herein, City hereby grants #o User permission to utilize the Parklet from 4:00 p.m. to 11:00 p.m. on Friday, September 27, and from 6:00 a.m. tt~ 11:00 p.m. on Saturday, September 28, 2U13, and from 6:00 a.m. to 11:00 p.m. on Sunday, Septe . ber 29, 2013, in the manner set forth in this Agreement far all uses approved far the principal use at 13~E: Idaho Avenue, Meridian, Idaho. II.OBLIGATIUNS OF USER. A. Reasonable use. User shall employ besfi efforts to ensure that its use of Parklet is appropriate and reasonable. Where User's use of Parklet causes disproportionately excessive damage to same, User shall reimburse City for the cost or proportionate cost of necessary repairs and/ox replacement. B. Permitting. In addition to compliance with all terms and provisions of this Agreement, User shall separately obtain and comply with each and all of the fallowing permits, as required by law: 1. Any and all applicable licenses, permits, inspections, and/or certifications from the Central District Health Department; and 2. City of Meridian liquor catering permit. ~ \ C. Manner. The permission extended under this Agreement shall be subject to the following terms and conditions: AGREEMENT rOR USa OF PARISLET PAGE I of 4 1. Use of Parlclet comply in all respects with alI applicable permits, laws, ordinances, and regulations, including, but not limited to, those related to the service of food and/or alcoholic beverages. 2. User shall not allow the use of tobacco products or e-cigarettes on Parklet. 3. User shall enstue that all personal property placed on Parklet, including umbrellas, tables, chairs, etc.; a. Is removed from the Parlclet and the i7ght-of-way during non~business hours; and b. Does not, in any way, create an unsafe condition for motorists or pedestrians. ~. User shall maintain the Parklet in a clean condition, free of litter and debris. S. The following items shall be prohibited an Parlclet; receptacles for solid waste or recyclables, automated teller machines {ATMs), vending machines, generators, decorative rugs or ground coverings, platforms, grills, coalcing appliances or stations, beverage serving appliances or stations, shelves, storage containers, equipment, supplies, or products. D. Insurance. User shall submit to City proof of an insurance policy issued by an insurance company licensed to do business in Idaho protecting User, User's employees, agents, contractors, officials, officers, servants, guests, patrons, and invitees from all claims for damages to property and bodily injury, including death, which may arise during or in connection with such persons' use of or involvement with Parklet. Such insurance shall name City as additional insured, and shall afford at least five hundred thousand {$544,404.44) per person bodily injury, five hundred thousand ($544,404.Q0}per occurrence bodily injury, and five hundred thousand ($500,044.00) per occurrence property damage. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save acid hold harmless City as set forth in this A,gteement or any permit. If City becomes liable far an amount in excess ofthe insurance limits herein provided due to the actions or omissions of User or any User employee, agent, contractor, offa'icial, officer, servant, guest, patron, and/or invitee, User covenants and agrees to indemnify r and save and hold harmless City fiom and for all such losses, claims, actions, or judgments for damages ~\~ or liability to persons or property. III.OBLIGA'rloNS OF CITY, A. Placement of Parlclet. In exchange for the obligations accepted herein, between 1:00 p.m. and 4:00 p.m. on Friday, September 27, 2013, City will deliver Parlclet to a parking space in front of or near the restatu'ant known as Rick's Press Room Grill, located at 130 E. Idaho Avenue, Meridian, Idaho. B. Maintenance. Except as otherwise set forth herein, City shall provide general maintenance and upkeep with regard to Parklet infrastructure. C. Primary Souecc of Contact for City. City shall provide User the Warne, email address, and telephone number of specific City personnel (hereinafter "City Contact") who shall serve as City's primary contact between City and User for all day-to-day matters regarding setup, operation, and removal of Parklet. City Contact far Parklet shall be: City Contact: Brian McClure Community Development Department E-mail: bmcclure tr meridianeity.org Phone: 248-884-5533 N. GENERAL PROVISIONS. i•~. A. Notice. Communication between User and the City Contact regarding day-to-day matters shall occur via e-mail or telephone. All other notices required to be given by either of the patties hereto shall be in AGREEMENT I'aR USE aF PARiCLET PAGE 2 OF 4 writing and be deemed conununicated when personally served, or mailed in the United States mail, or via ('° a-mail, addressed as follows: l City: User: City of Meridian Tuck R. Valenzuela Attn: Emily Kane, Deputy City Attorney RBcJ Restaurants, LLC 33 E, Broadway Avenue 1195 V+I. Hitchcoclr Street Meridian, Idaho 83&42 Meridian, Idaho 83646 ekane@meridianeity.org B. City property. The parties hereto expressly acknowledge that Parklet is publicly-owned property, the management and scheduling of which shall at all times be within the sole purview of City. City shall have the right to allow or limit the use of Parklet, to close all ar any portion of Parklet, or to remove Parklet, for any and all purposes and under any and all conditions, C. Assignment. User shall not assign or sublet all or any portion of User's interesfi in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of City, This Agreement and each and all of the terms a~ad conditions hereof shall apply to and are binding upon the respective organizations, legal representative, successors, and assigns of the parties. D. Na agency. Neither User nor User's employees, agents, contractors, officials, officers, servants, guests, or invitees shall be considered agents of City in any manner or for any purpose whatsoever in their use and occupancy of Parlc. E. ltndemnifieation. User and each and all of User's employees, agents, contractors, officials, officers, servants, guests, patrons, and/or invitees, shall indemnify and save and hold harmless City and the Ada County Highway District from and for any and all losses, claims, actions, judgments fox damages, ar in,Jiuy to persons or property and losses and expenses caused or incurred by User or any of User's employees, agents, contractors, officials, officers, servants, guests, patrons, and/or invitees, at or in its use of Parklet or right-of way, or any lack of maintenance or repair of the Parklet or of the right-of--way, and not caused by or arising out of the tortious conduct of City or Ada County Highway District. User acknowledges that user of Parklet carries risks, same of which are unknown, and with that knowledge User does asstune all such risks. F. No warrnuty. City makes no warranty or promise as to the condition, safety, usefuhiess, or habitability of the premises; User accepts Park for use as is, both at the Effective Date of this Agreement and thxaughout the course of its use of Parklet and aI1 related activities. G. Attorney Tees. Should any litigation be commenced between the parties hereto concezriing this Agreement, the prevailing party shall be entitled, in addition to any other relief as maybe 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. $. Time o~ the essence. The parties shall fulfill obligations described in this Agreement in a timely manner, asset forth herein. The parties acknowledge and agree that time is strictly of the essence with r respect to this Agreement, and that the failure to timely perform a~~y ofthe obligations hereunder shall i~l. constitute a default of this Agreement. AGREEMENT FpR USE 4F PARKLET riaaa 3 ox ~ I. Termination. 1. Grounds. Grounds for termination of this Agreement shall include, but shall not be limited to: an act or omission by either party which breaches any term of this Agreement; an act of nature or other unforeseeable event which precludes or makes impossible the performance of the terms of this Agreement by either party; or a change in or occurrence of circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. 2. Process. Either party may terminate this Agreement by mailing, e-mailing, or personal delivery of written notice of termination. Such notice shall include a description of the breach or circumstances providing grounds for termination. A two (2} hour cure period shall commence upon provision of the notice of intention to terminate. If, upon the expiration of such cuxe period, cure a~the breach or cucurnstances providing grounds far termination has not occurred, this Agreement shall be terminated. J. 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 airy other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. K. Exhibits. AlI exhibits to this Agreement are incorporated by reference aid made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. L. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith, M. Non-waiver. Failure of eithex party to promptly enforce the strict performance of any tern of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the beneft thereof, notwithstanding delay in enforcement. N. Applicable law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the Sta#e of Idaho. O. Approval required. This Agreement shall not become effective or binding-until approved by both User and by Meridian City Council. IN WITN WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized is to b effective as of the day and year first above written. BY: Rick CITY OF ME~IAN: ~ ~ ~~ ~ ~ qty of BY: Tammy eerd, Mayor.. ~n~,A SLA.IL Clerk AGREEMENT !'OR USE 4F PARKLET Ee ~r +4 a TR E ~S~t&~ PAGE 4 OF ~I~,~;~°R° CERTIFICATE flF LIABILITY' INSURANCE RATE(AIM1rlDiYYYY) ~~~~~() THIS GERTiFICATE IS ISSUED AS A' MATTER OF INFORMATION ONLY 'AND' CONFERS NO RIGHTS UPON THE GERTIPICATE HOLDER. THIS GERTIFiGATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED eY THE POLICIE5 .BELOW, THIS CERTIFICATE OF INSURANCE DOER NOT CONSTfTUT1= A CONTRACT BETNlEEN THE ISSUING [NSURER(5r, AUTHORIZEp b¢oovc~e~rw-r~ai~ r~r~ wn.~..•a~...r-.. ..... .~„~ ~~~~.~.,. ~_ -._. _ _~_ uwrurc t ran l: a ine GertlflCaTe noroer Is etl ADDITIONAL INSURED, tt the terms and ccndltions of the pollcy, certain poiicles may requlre an tertlBcate holder In Ilea of such endorsement(s), PRODUCER Western Communlly Ins Co PO Box 4848 Pocatello, ID 83206-484$ must be endorsed. ff 5UBROGATIDN I5 A statemeht on this ~ertiflcate does no# ~lllll 111 1111/tlll1 l11lf IIllllllli111 ~~I111111 I1f~~ INSUN/'_Fi6 R S .1 RESTAUFtAN7S LLC DBA 1NSUAEgC; R 1 CKS PRESS ROOM INSURER D: l3 Q ~ ! BAHO AVE INSURERS: MERE D I AtJ ID $36112 INSUAERF: -- COVER~lGES CER7IFICAT'E NUMBER; REVISION NUMBER; AFU418 1 rn~ IJ I u certnrY -ItiA-I- THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN lS5UED TO THE INSURED NAMED ABOVE FOR THE= POLIDV PERIOD INOtCATEQ, NOTWlTHSTANDINC, ANY REQUIREMENT, TERM OFt CONDITION OF ANY CONTRACTOR OTHER oOCkJMENT WITH RESPECT Tq WHICH THIS CERTIFICATE P1fAY 9E IS5UE0 OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES bJr$CRIE3ED HEREIN f3 SUBJECT TO ALL THE TERMS EXCi.USIONS AND CONDITIONS OF SUCH POLICIES. LIMITS 5HOWN MAY HAVE BEEN REDUCED BY PAIp CLAIMS. , ILTR TYPE OF INSURANCE ADD B POUCY EFF PO C EXP POfJCY NUMBER MlDD M D 1-IMrfS GENERAL LIA@ILITY EACH OCCURRENCE $ )( COMF,IERCIAL.~GENERAL LIABILITY PAEMlSES Ea occurrence 8 ~ CLAlMS•fvlADE ©OCCUR MEDExPAn anepentan} $ A Y N SA]Z50Lf1 B/!O/13 S/10/14 PERSONAL8AOVINJURY $ i3ENERAL A(3GREUATE $ QQQ Q~ pEML AOOREOATE LIMIT APPLIES PER: PRODUCT5- COMPlOP AGG $ a{! POLICY PRO- LOC $ AUT OMOt31LE LIABILITY C MIT Ee ealdent A14Y AUTO A E30DILY INJURY {Per p~FOn) ~ A ~TOSTIED ~~E~rOULED 60DILY INJURY (Per aaldenq S H{REDAUTOS NON-OWNED AUTOS PROPERTY DAMAGE $ -~ __ eracadanll UMBRELLA UA8 OCCUR EACH OCCURRENCE $ ExCE86 UA6 CLAIMS-MADE AGOREOATE $ UED RETENTION $ 3 WORKERS COMpENSXndN YVC STATU- OTH• AND ERiPLOYER9'LFA9lLiTY YI N ANY PROPRIETOR7PARTNER1ExECUTIVE OFFICERhMEMeER FJCCLUDE67 ~ N I A E.L EACH ACCIDENT $ {plandatory]nNH} Ilyyes d c lb d E.LDE5EASE•EAEMPLOVE $ , r eb e un er ^ESGRIPTION bF OPERATIONS 6alow E.L DISEASE- POLICY LIMIT $ DE$CWPTiQN OF OPERATIDN91 LDCATtONSl VEHICLES {Ateaeh ACDRD 7US, AddltlonolRent6rke 6ohedule, iFmore apacetc requ(redl llllllrll 111 ll rl llltlll lillll ll llllrrllllllli lllllll 3C33ITY DF MERIDIAN MERED IDANAbWDAY$~11~2 BHDULQ ANY OF THE ABOVE DESCRIEiED POLICi6S BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF', NpTfCF WILL BE DELIVERED IN ACCORDANCE WlTN THE PbLiGYARDVISIONS. z°~~ ~ lfias-201 the ACORp name and logo are registered marKs of AtrOFiD AGENCY CUSTOMER iD: ~ ne w~otc~t name ahd logo are registered rr~arics of AGORA Meridian City Council Meeting DATE: September 24, 2013 ITEM NUMBER: 5H PROJECT NUMBER; ITEM TITLE: Sewer and Wafter Main Easemenfi for Fall Creek Subdivision No. i MEETING NOTES u~ R~~RaVED Community ItemlPresentations Presenter Contact Info.lNotes CLERKS OFFICE FINAL ACTION DATE: E'MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDIAN-- OAO Community Development Department Land Development Services Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 TO: Mayor Tammy de Weerd Members of the City Council FROM: Denny Cline DATE: 9/19/13 SUBJECT: Fall Creek Subdivision No 1 1. RECOMMENDED ACTION A. Move to: I. Approve a Sewer and Water Main Easement for the City of Meridian, located on the site of Fall Creek Subdivision No. 1. 2. This easement provides the City of Meridian access to public sewer and water mains that will be installed to provide service for Fall Creek Subdivision No. 1. 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 ~ a Denny Cline, eveiopment Analyst II Bruce Freckle ,Development Services Manager 884-5533 489-0362 489-0371 Recommending Approval Ph: 208.8$7.2211 + www,meridiancitv.ora Fax 208.887.1297 Rev: 01/2013 ADA COUNTY REGORDER Christopher D. Rich AMOUNT .00 10 ii01SE IDAHO 09t~6113 09:28 AM I RECORDEDREQUEST OF f I! If llflllf if llflfllf lllllflllff l f(I Meridian City 11 ~ 1 ~~~?~~ SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this ~ day of ~e ~- - , 2013, between Bear Creek West, LLC, 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 sanitary sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines 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 theright-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBIT A) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, 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 andright-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 making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such 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 Fall Creek Sub. loo. 1 Sanitary Sewer and Water Main Easement-Bear Creek West Development, LLC { any permanent structures, trees, brush, or peierinial shrubs or flowers within the area described for this easemen#, which would inte~•£ex~e 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 light-of-way and easement hereby granted sha116.ecome part of, or lie within the boundaries of auy public stteet, then, to such extent, such right-of-v,~ay and easement hereby granted which Lies within such boundary thereof Qr which is a part thereof, shall cease aild become null and void slid ofno fuither effe. ct and shall be coanpletely relinquished. THE GRANTORS do hereby covenant with the Grantee that.they are-lawfully seized a»d 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 witl warrant and forever defend the title and quiet possession thereof against the lawfiil claims ~of all persons whomsoever. IN "UVITNESS WHEREOF, the said paliies of the first paY°t have hereunto subscribed their signatures the day and year first herein above written, GRANTOR: BEAR CREEI~ WEST' LI.,C ~~~~~~~ Thomas M..Coleman, Jr., President Coleman Homes, LLC, TVlanager of Bear Creek West STATE OF IDAHO } ,~} ss County of Ada. ) On this a ~ :day of , 2013, before me, the undersigned, a Notary Public in and for said State, personally apEeared Thomas M. Coleman, Jr„ known or identified to me to be the President of Coleman Horzles LLC, Manager of Bear Creek West, LLC, the Limited Liability Company that executed the withininstrurnent,-and acltnbwledged to me that such Limited Liability Company executed the same. IN WITNESS WHEREOF; I have hereunto set my hand and affixed my official seal the day and year fist above wri~n. ~8~~ HR a~°~~e ~ ~~" ~~~ ~a~~~ ~ . ~ aw {SEAL} ~ ~ ~~~ w ' ~ N` PUB~LI`C FOR IDAHO o*.rpP' ~~~' ~ ~~~*•'~ IZ~Si(1111,~ fit; (sEl~. ~,Q~7~~ ~., ~~ ~~ ~~? e,,• Commission Exp1rBS; 3 ~- ~~-- l~ Fall Creek Sub. Nq.1 Sanitary Sewer and Water Main Ease~neirt-BBar Creep West Development, LLC GRANTEE: CITY OF MERIDIAN Mayor azo~~o¢A~FnaU~~srrfo 0 / 9 Ci of T ~ !n Q 0 /q ~3' ~ Attest laycee L. Holman, City C~c ~ °""° SEAL Approved By City Council On: STATE OF IDAHO ) County of Ada ss. On this_~day of ~~~~ ~r , 2013, before rne, the undersigned, a Notary Public in and for said State, personally appeared Tamrn,y 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. . ~~; E?. `IO ~+s • ~ R~ ~ ! ,5 b Q / ~ ^ i R {SEAL) f `e ~J ~ ~ t~y' a ~ ~ A ¢ ~eqi&®11 Fall Creek Sub. No. 1 Sanitary Sewer and Water Main Easement-Bear Creek West Development, LLC August 28, 2013 ®E~CRII~TIt~hl FtJR 11lIERIDIAN CITY SAI~iITARl' SE11~'ER ANDS UVAT~R EASEnnEI~Ts PRC7P~SED FA~~ CREED SlJL3DIVISIQN IVY. 'I Easements located in the W "f2 of Section 24, T.3N., R.1W., B,M., Meridian, Ada County, Idaho, mare particularly described as follows; EASEMENT ~ An easement for Meridian City water facilities, more particularly described as follows: Commencing at the Center "/ corner of said Seetian 24, from which the North "/4 corner of said Section bears North QO°51'x3" East, 2634.95 feet; thence North 61°05'35" West, 1523.48 feet to the POINT OE BEGINNING; Thence North 30°37'41" West, 30.06 feet; Thence North 59°33'12" East, 20.00 feet; Thence South 30°37'41" East, 30.OD feet; Thence South 59°22'19" West, 24.OD feet to the POINT OI= Bt:G1NNING. Containing 600 SF, more or less. EASE~IIENT 13 An easement for Meridian City sanitary sewer and water facilities, mare particularly described as fellows: Commencing at the Center "/ corner of said Section 24, from which the North % corner of said Section bears Narth 00°51'53" East, 2634.95 feet; thence Narth 66°39'48" West, 1644.31 feet to the POINT OI= BEGINNING; Thence South 51°55'09" West„ 42.OQ feet; Thence North 38°04'51" UVest, 120.80 feet; Thence North 57°41'42" West, 10.15 feet; Thence North 42°06'43" East, 40.32 feet; Thence South 47°53'17" East, 33.30 feet; Thence South 38°04'51" East, 704.49 feet to the POINT OEy BEGINNING. Containing 5,574 SF, more or Tess. EASEMENT G An easement for Meridian City sanitary sewer facilities, more particularly described as fellows: ~303:LZ-MERIR~ASE,docx Commencing at the Center'/ corner of said Section 24, from which the North'/ corner of said Section bears North 00°51'53" East, 2634.95 feet; thence North 65°56'22" West, 1780.65 feet to the POINT OF BEGINNING; Thence North 57°41'42" West, 69.37 feet; Thence North 77°18'34" West, 136.53 feet; Thence North 69°48`43" West, 114.29 feet; Thence North 20°11'17" East, 207,98 feet; Thence South 69°48'43" East, 2D.00 feet; Thence South 20°11'17" West, 177.98 feet; Thence South 24°48'43" East, 14.14 feet; Thence South 69°48'43" East, 82.98 feet; Thence South 77°18'34" East, 138.67 feet; Thence South 57°41'42" East, 76.28 feet; Thence South 42°06'43" West, 20.30 feet to the POINT OF BEGINNING. Gontaining 10,291 SF, more ar less. EASE~IBNT An easement far Meridian City water facilities, more particularly described as follows: Commencing at the Center ~/ corner of said Section 24, from which the North % corner of said Section bears North 00°51'53" East, 2634.95 feet; thence North 75°19'27" West, 1789.45 feet to the POINT OF BEGINNING; Thence South 39°40'14" West, 20.00 feet; Thence North 50°19'46" West, 20.00 feet; Thence North 39°40'14" East, 20.OD feet; Thence South 50°19'46" East, 20.00 feet to the PAINT OF BEGINNING. Containing 400 SF, more ar I@S5. EASEIUiENT E An easement for Meridian City sanitary sewer and wafter facilities, more particularly described as follows: Commencing at the Center "/ corner oft said Section 24, from which the North'/ corner of said Section bears North 00°51'53" East, 2634.95 feet; thence North 82°47'33" West, 1744.71 feet to the POINT OF BEG1NtyING; Thence South 47°27'27" West, 28.00 feet; 130312-MERi(JEAS~.docx Thence North 42°32'33" West. 47.00 feet; Thence North 47°27'27" East, 28.00 fleet; Thence 5auth 42°32'33" East, 47.00 feet to the POINT 01= BEGINNING. Containing 1,316 SF, more or less. >6A51=MENT 1= An casement for Meridian City water facilities, more particularly described as follows: Commencing at the Cen#er f corner of said Section 24, from which the North 1~ corner of said Section bears North 00°51'53" East, 2634.85 feet; thence South 86°39'44" West, 1485.$3 feet to the POINT OF BEGINNING; Thence Sou#h 22°44'54" Wes#, 20.00 feet; Thence North 67°15'06" West. 20.00 fee#; Thence Nord, 22°44'54" East, 20.00 feet; Thence South 67°15'06" East, 20.00 feet fo the PDiNT OF BEGINNING. Containing 400 SF, more or less. E~4SEI~IE~17 G An easement far Meridian City sanitary sewer and wafer facilities, more particularly described as follows: Commencing at the Center'/a corner of said Section 24, from which the North '/ corner of said Section bears North 00°51'53" Eas#, 2634.95 feet; thence South 77°37'04" West, 1676.49 feet #o the POINT 0l= BEGINNING; Thence South 18°38'30" West, 38.00 feet; Thence North 71°21'30" West. 20.00 feet; Thence North 1$°3$'30" East, 3$.00 feet; Thence South 71°21'30" l=ast, 20.00 fast to the POINT Qt= BEGINNING. Containing 760 SF, mare or less. EASEMENT H An easement for Meridian Ci#y sanitary sewer and water facilities, more particularly described as fo[lows: Commencing a# the Center'/ corner of said Section 24, from which the North'/ corner of said Section bears North QO°51'53° East, 2634.95 feet; thence South 59°48'19" Vilest, 1547.60 feet to the POINT OF BEGINNING; Thence South 07°54'40" East, 39.40 feet; Thence South 82°05'20" West. 47.00 fee#; 13t}312-MERIDEASE.docx Thence North 07°54'40" West, 39.00 feet; Thence North 82°05'20" )ras#, 47.00 feet to the P+DIIdT 01= BEGiNf~ING. Gantaining '1,833 SF, more or less. EASEMENTI An easement for Meridian City wafer facilities, more particularly described as follows: Commencing at the Center %4 corner of said Section 24, from which the North'/a corner of said Section bears North 00°51'53" East, 2634.95 feet; thence along the east boundary of the W'12 of said section South 00°51'53" Wes#, 806.76 feet to the POINT OF i3EGiNN1NG; Thence continuing along said boundary South 00°51'53" West, 20,00 feet; Thence [eaving said boundary North 89°24'36" West. 115,05 feet to a point on a curve; Thence 20.63 feet along the arc of anon-tangent curve to fihE left, said curve having a radius of 55.00 feet, a delta angle of 21°29'39", and a long chard bearing North 12°14'28" West, 20.51 feet; Thence leaving said curve South t39°24'36" East, 119.70 feet to the POIPIT OI" BEGINNING. Gantaining 2,334 SF, mare or less. 13()312-M~RIDEASE.docx ~~ 74 ~' ~r rod{ ;;f ,LINE 4AT.A_ (CONT. 13 ~ '~~ O~Nr,i LINE BEARING DISTANCE ry i%%/i~ LI7 5 69'48'43" E 82.98 W. OYERIAND RD. 24~ . ~ . !~`'~ L18 $ 77'18'34" E 138.67 ~j~'ir,'Irr~ 119 5 57'41'42" E 76.28 ~ I,i~~~~- L20 S 42'06'43" W 20.30 ~.~f~ffj L21 S 39'40'14" W 20.00 I q i~'`ii L22 N 50'l9'46" W 20.00 I N~~r~r, L23 N 39'40'14" E 20.00 ~/,~'~;f L24 S 50'19'46" E 20.00 j~'~,~~ L25 S 47'27'27" W 28.00 r • ~ C ~~ ~,~~~y~lT L2b N 4232'33" W 47.00 ~ i'~c%4;~~~~'~i~.~ 127 N 47'27`27" E 28.00 . C 1,j'~,ck~~r~r~~?r>>,7,~h~~r 128 5 42'32'33° E 47.00 ~~~~~4'~~%i~ ~~i7~'~ IYATfR FASEdIENT ~ 41NE DATA X12 ~`~'``'~.4'%;~,~,9 ~~ soa sf ~/- ~ !v, t LINE BEARING DISTANCE (~~~~.,y~~~~9 'POINT OF BEG/NN1rVG <,,~4~i ~ ~ ~ ''~ EASEMENT A \.N' + 11 N 30'37`41" W 30.06 T ~` w~rri,~.~?~ ~ 12 N 59.33'12" E 20.00 POINT OF BEGIIUNING~~\~~''%,r`'~ ~ ~' i ' L3 S 3037'41° E 30.OD EASEMENT `C' \~~!''i;'r~ri j0 1 L4 5 59'22'19" W 20A0 SEiS~R £ASF.dIENT ~ ~~~~ ~r''i~~? i ~ ' f0,29f .57~ t - ~ ~~r~r~r~ ~ ; 15 5 51'55'09" W 42.00 ~ ~ ~ r ~'~ ~ ~ ~ ~ f, ~ \ EA ~~~N BBGINNI 1 7 L6 N 38'04'51" W 720.80 ~ ~r ri,rir ' ' 1 17 N 57'41'42" W 10.15 \ ~' V~ \ Si"ftLxR dF WATER EAS£/,IENT ` ' LS N 42'06'43" E 40.32 ~ \ ~L ~\ .5574 Sf t/- I LS 5 47'53'17° E 33.30 / ; ~y \ + L10 S 36'04'51" E 104.41 ~ ~\ ~~~ \ 1 t~ m r 111 N 57'41'42" W fi9.37 ~ ~\ ~'Q,y \\ y z 112 N 77'18'34" W 136.53 ~ ~ \ ~~ \ ~ j ~ ~ f 113 N 69'48'43" W 114.29 ~ ~ ~ l ~ w Li4 S &9'48'43" E 20.00 \~ ~~ o l ~ r,., I 115 S 20' 11'17" W 177.98 ~ ~ * \\~, w ~ ~ r I LT6 S 24'48'43" E 14.14 J ;`~ ~'xi ~ ~. ~~,,(~~~ POINT OF BEGINNING ~~ ,y; \t~ ~~ ~ I .. \~~ (cam j',ti'~ iYAfERMEANSE~ENT ~G ~i}`~\ ~1y .~ I ! y. ~ ~ ~ . ~``` j` \,y, " ` !y ~ \ SEiYER k YIAT£R £ASE~VffN7 D,p2~ ~~~ ~'~`~' ~ i f rsrs s~- t/- ~~ POINT OF BEGINNING ,~~v~~;` ~ f r~ ~~ ~~ ~ EASEMENT E=-_ _ `~N 82_47'33" W _ 1744.71 '~ _ _ j 1r _~~ 1 ~~~ ~ /~~• ~'f% - -- -- ---~~~- - s'~',~>~`' rt ~ i scALE ~"=goo' MERIDIAN CfTY SANITARY ~~~~'E~~~~~' DWG.DATE os/27ji3 SEWEF~ & WATER EASEMENTS PROD. No. 13039 2 PROpOS~D BALL CREAK SUB©. NO. 1 ~Qj~~l Q~~ sH~Er 1 ©F 3 LQCATED IN THI" W 1/2 OF SECTION 24 1029 N. ROSARIO ST., STE. 100 T.3N., R.4W., B.M. MBRIDTAN, IDAMO 83642 30372-MERIDEASEAWG bkb MERIDIAN, ADA CQUNTY, IDAHQ Phona (208) 938-4884 Fax {209) 938-0941 PO/NT OF BEGYNN/N~' ~ EASEMENT f . - . i , _ , 13 N 1 f 4 W. OVERLbND RD. ~4~ - - JYAIER EASEMENT ,~~~? 900 SF -~/- v~'~~~ ~ ~ a, . ~ C30 ,~ ~ ca ~ . ' r¢ m I ~ ~y `~..W ` ~~ ~ ` hh `` ~ P~'! f/7 `~~ ~ ~ ~~ ~'~o ~~' ii'-. ~ r CEN1/4 ~~} ~r~' O ^ G 'r] ~O 1 V~ `~, A» {~1~ `~, ..~r~ ~- T37~? Y ~~~, w,...~~ 1 ` ~ I Ste - ~,, S y . ~ ~ ~ .~.. ~'+ / / ~ ~~ r•" / C3 ~; ~r~-- '~~~ /t / %,`• hs POINT OF BEG/NN~NG EASEMENT ,~, J pRppOS~O ~0 ~ / 1' Aso .~ ~ E,~.SEMENr ' 4~ OR~EK SU~D• ~'A / ~ / ; ~ o r ~~ ~G ~~~G~~ ` 1 ` OA LL E DATA ~ ` /` LINE SING DISUWCE ~ ~ ""-~ - ~. /// t29 S 22'84'54" W 20,00 / L3a N 67'15'0&" W 20.00 // L31 N 22'44'54" E 20.OD / L32 5 67'15'06" E 20.00 J / L33 S f 8'38'30" W 36.00 ! ~ / t34 N 71'2i'30" W 20.00 / L35 N 18'38'30" E 38.00 POINT EASEMENT HG / \. ~~• Las s 7rz1'3o" ~ zo.oa / ~N~~' L37 S 07'54'40" E 39.00 SEJt~'R ct; FYAr£R EASEd1ENT LTQ ,7 ~~~ L3B S 82'05'20" W 47.06 1,833 SF t/- p ~"~ ~j` ~ r ~, ~(•r~~~~i t~ L39 N 07'54'40" W 39.00 ~4~~~i w L40 N 82'05'20" E 47.00 ~i X13 ran ~~ sGAtl: 1"=~00' MER1DiAlU CITY SANfTARY I ' owG.DA7E oa/z~/13 SEINER & WATER EASEMENTS ~~ l~~r~~~~~ PROJ, EVD. ~ 30312 ~~L~~~~~ S PROPOSED FALL CREEK SUBD, NO, ~ > SHEEP 2 p~' ~ LOCATED 1N THE= W 1/2 OF SECTION 24 1029 N. ROSARlO ST., STET. 100 T.3N R.1 W., B.M. MER[DfAN, IDAHO 83642 130312-MERII)EASE.DwG bkb „ MERIDIAN, AOA COUNTY, IDAHO Phane (248) 938-4984 Fax (248) 938-0941 I LINE. I]ATA LINE BEARING DISTANCE 1 L41 S OL151'S3° W 20.00 I L42 N 89'24'36° W 115.05 L43 S 89'24'36" E 119.70 CURVE. DATA j CURVE LENGTH RADIUS DELTA CHORD BRG I C1 20.63 55.00 21'Z9'39" N 12'142$" W 13 N 1/4 w: ovaistACta RD. 24~.. _.. _ ~ ~~~ ~~~~ m~ ~_ ~~~ o M+ u-:. vi ~'t ¢Q, 03 ' z CENt/4 CHORD 20.51 ++i IIfs chi f~ 0 04 n n n 1 1 scaLE '"=100# MERIDIAN ~lTY SANIT Dwc.oarE 0s/28/i3 ARY SEVt/ER 1NA E 1V~-NEEl~-1~~ PROJ. Na. 13031 ~ & TER ASEMENTS ~Q~~TI~ ~ ~ SHEET pROP(JSED FALL CREEK SUBp, Nfl. 1 + , 3 OF 3 LOCATED IN THE w 1/2 of SECTION 24 T.3N R 1W S 1ai 1a29 N, ROSAR[O sT., sTE. laa MERi01AN, IDAHO 83642 30312-kIERIDEASE.DWG bkb ., . ., . . Iu1ERID{AN, ADA Ct~UNTY, IDAHO Phone (208) 938,0980 fax (208} 938-0941 Meridian City Council Meeting DATE: September 24, 2013 ITEM NUMBER: 51 PROJECT NUMBER: ITEM TITLE: Sewer and Water Main basement for Red Tail Communities, LLC MEETING NOTES c?i ~PFRJYED Community ItemtPresentations Presenter Contact Info./Notes CLERICS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDIAl~T:~--j Land Development Services Meridian City Hall, Suite i02 9 A O 33 E. Broadway Avenue Community Development Meridian, Idaho 83b42 Department TO: Mayor Tammy de Weerd Members of the City Councii FROM: Denny Cline , DATE: 9/13/13 SUBJECT: Sewer and Water Main Easement i. RECOMMENDED ACTION A. Move to: 1. Approve a Sewer and Water Main Easement far the City of Meridian, located an the site of Red Tai) Communities, LLC. 2. This easement will provide the City of Meridian access to new public sewer and water mains being installed to provide service for Red Tail Communities, I_LC. 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 11 884-5533 489-0362 489-0371 Recommending Approval Ph: 208.887.2211 www,meridiancitv.ora + ~ Fax 208.887.1297 Rev: ~Ij2413 Denny Cline, D velopment Anaiyst I1 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 10 BOISE IDAH010103/13 09:33 AM REC RDED°-"REQUE~ OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Meridian City 1131117 8 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this ~ day of `~,=, 20 ~3 between ~D G ea~t~~7t~s the r , parties of the first part, and hereinafter called the Grantors, and the Cit of Meridian Ada Count Y ~ Y~ Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of wa . Y across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of way for an easement for the operation and maintenance of sanita ry sewer and water mains over and across- the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanita . rY sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restorin g anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT.SandW.doc August 27,:2013 Project No. 113071 Utility Easement Description Red Wing Apartments 94,196 Sq. Ft. Exhibit "A" An easement situated in a portion of lot 2, Block 1 of Red Wing Subdivision ~a recorded subdivision on file at pages 14,405-14,409, Book 105 of Plats, records of Ada County, Idaho] located in the Northwest One Quarter of Section 30, Township 3 North, Range 1 East, Baise Meridian, City of Meridian, Ada Count Idaho, described as follows: y' COMMENCING at a found aluminum cap which monuments the Northwest Corner of said Section 30, which bears South 89°42'14" West a distance of 2,450.84 feet from a found brass cap which monuments the North One Quarter Corner of said Section 30, thence following the northerly line of said Section 30, North 89°42'14" East a distance of 702.55 feet; Thence leaving said northerly line, South 00°17'46" East a distance of .37.54' to a point on the sautherl v right-of line of East Victory Road, and being the POINT OF BEGINNING. Thence following said southerly right-of way line, North 78°37'16" East a distance of 49.45 feet; Thence leaving said southerly right-of-way line South 00°17'46" East a distance of 148.46 feet; Thence North 89°42'14" East a distance of 57.85 feet; Thence North 00°17'46" West a distance of 30.12 feet; Thence North 89°42`14" East a distance of 20.00 feet; Thence South 00°17'46" East a distance of 30.12 feet; Thence North 89°42`14" East a distance of 97.00 feet; Thence North 00°17'46" West a distance of 30.12 feet; Thence North 89°42'14" East a distance of 20.00 feet; Thence South 00°17'46" East a distance of 30.12 feet; Thence North 89°42'14" East a distance of 16.35 feet; Thence South 45°17'46" East a distance of 18.53 feet; Thence South 00°17'46" East a distance of 115.90 feet; Thence North 89°42'14" East a distance of 151.45 feet to a point on the westerly right-of way line of South Blackspur Avenue; Thence following said westerly right-of way line, South 00°17'46" East a distance of 20.00 feet• Thence leaving said westerly right-of way line, South 89°42'14" West a distance of 151.45 feet; Thence South 00°1746" East a distance of 450.98 feet; Thence South 41°34'49" West ~a distance of 19.41 feet; Thence South 64°04'49" West a distance of 32.40 feet; Thence North 70°55'11" West a distance of 621.34 feet; Thence North 44°08'23" West a distance of 102.90 feet; Thence North 00°17'46" West a distance of 180.40 feet; p' f~#~r~~t~#~~ +~ ~~r~~sc~p~ Art#3tF~~~~tfr~ * ~`ivil ~~rctrr€L~rir~.~ . ~~#~ t,"ct~r~e lrr~ic7~t~ti ~- t~r~t~irf~-e~~i€~~ - ~~a~;hr~ ~~~r7n?uttrCa~r+~j~ ~ur'~~~rir€~ 4~1 E. ~hor~ t~-~~vc,'" ~ s~0~ ~~~i~, ~f,~~~a ~:~ul~s ~ P ~~~.~3~.~0~~ ~ ~~~~,~~~.~~45 ~~ www,thelanderoupinc.com ~;'~~C~.3411.~~37I~~~t?ii~~i~~~~l~~i 1~?~~~(; t~tilit}f~~sct~~entt#~ss~ri~~~ci~~ 1~.~07:~.~oG ~r,~~ Page 2 of 4 ~. T:~i~ LAND GR4~P, IBC.. Thence South 89°42'14" West a distance of 93.98 feet Thence North 00°17'46"West a distance of 24.00 feet, Thence North 89°42'14" East a distance of 93.99 feet• Thence North 00°17'46" West a distance of 127.68 feet to a point hereafter referred to as POINT "A"• °~ [~ n t-, .Thence South 715140 East a distance of 31.62 feet to a Dint hereafter referred to as POINT B Thence South 00°17'46" East a distance of 73.85 feet; ~" Thence North 89°42'14" East a distance of 29.97 feet; Thence South 00°17'46" East a distance of 20.00 feet; Thence South 89°42'14" West a distance of 29.97 feet; Thence South 00°17'46" East a distance of 24.15 feet;: Thence North 89°42'14" East a distance of 14.50 feet; Thence South 00°17'46" East a distance of 20.00 feet; Thence South 89°42'14" West a distance of 14.50 feet; Thence South 00°17'46" East a distance of 59.85 feet; Thence North 89°42'14" East a distance of 29.97 feet; Thence South 00°17'46" East a distance of 20.00 feet; Thence South 89°42'14" West a distance of 29.97 feet; Thence South ~°17'46" East a distance of 88.15 feet; Thence South 44°08'23" East a distance of 83.69 feet; Thence South 70°SS'11" East a distance of 34.72 feet; Thence North 19°04'49" East a distance of 28.66 feet; Thence South 70°55'11" East a distance of 20.00 fleet; Thence South 19°04'49" West a distance of 28.66 feet; Thence South 70°55'11" East a distance of 97.00 feet; Thence North 19°04'49" East a distance of 28.66 feet; Thence South 70°55'11" East a distance of 20.00 feet; Thence South 19°04'49" West a distance of 28.66 feet; Thence South 70°55'11" East a distance of 34.64 feet; Thence North 19°04'49" East a distance of 11.50 feet; Thence South 70°55'11" East a distance of 20.00 feet; Thence South 19°04'49" West a distance of 11.50 feet; Thence South 70°55'11" East a distance of 42.35 feet; Thence North 19°04'49" East a distance of 28.66 feet;. Thence South 70°55`11" East a distance of 20.00 feet; Thence South 19°04'49" West a distance of 28.66 feet; Thence South 70°55'11" East a distance of 97.00 feet; Thence North 19°04'49" East a distance of 28.66 feet; Thence South 70°55'11" East a distance of 20.00 feet; Thence South 19°04'49" West a distance of 28.66 feet; Thence South 70°55'11" East a distance of 101.00 feet; Thence North 19°04'49" East a distance of 28.66 feet; Thence South 70°55'11" East a distance of 20.00 feet; Thence South 19°04'49" West a distance of 28.66 feet; Sits t~fc~~~~tirtt~ ~`~~nc~s~r.~~,~tcl~tt~r,~cli~ ~ C~f~~ ~r~c~rr7~~ri~~g ~ t~o~~~~urs~ lrrr~c7~~at~ ~ ~r;gt{~e~rt~~t~ ~ ~{`a~~hit: f c{~3{~~unf~~ttrE~ ~ S~l~ ;j~,,rr~n ~~2 ~. S~~c;r~e ~riv~, She. Z~~, i:~~l~ s~a~~ ~~5~~~ ~ ~Q~.~39.4~~ ~ 2~8.~:3~.4~4~ ~-~ wwuv.theland~roupinc.com g:~2~1~~~~3t~?7~~a~r~~;~~i~~a~s~i ~~~~~r ~~ti6it~Ye~Sen~~t~t~PS~ri~tic~-~ i~?~7~.c~c>~. ~.~ ~ Page 3 of 4 THE: LA1tiD ~,R~LP, t1C. Thence South 70°55'11" fast a distance of 51.13 feet' Thence South 19°04'49" West a distance of 10.00 feet• Thence South 70°55'11" East adistance of-28.09feet; Thence Noah 64°04'49" East. a distance of 20.14 feet; Thence North 41°34`49" East a distance of 7.78 feet; Thence North 00°17'46" West a distance of 120.82 feet; Thence South 89°42'14" West a distance of 22.17 feet Thence North 00°17'46" West a distance of 20.00 feet; Thence North 89°42'14" East a distance of 22.17 feet; Thence North 00°17'46" West a distance of 30.98 feet; Thence South 89°42'14" West a distance of 10.00 feet; Thence North 00°17'46" West a distance of 192.02 feet; Thence South 89°42'14" West a distance of 12.17 feet; Thence North 00°17'46" West a distance of 20.00 feet; Thence North 89°42'14" East a distance of 12.17 feet; Thence North 00°17'46" West a distance of 178.50 feet; Thence South 89°42'14" West a distance of 72.65 feet; Thence South 00°17'46" East a distance of 26,79 feet; Thence South 89°42'14" West a distance of 20.00 feet; Thence North 00°17'46" West a distance of 26.79 feet; Thence South 89°42'14" West a distance of 47.35 feet; Thence South 00°17'46" East a distance of 12.50 feet; Thence South 89°42'14" West a distance of 20.00 feet; Thence North 00°17'46" West a distance of 12.50 feet; Thence South 89°42'14" West a distance of 11.28 feet; Thence South 00°17'46" East a distance of 61.S9 feet; Thence South 89°42'14" West a distance of 20.00 feet; Thence North 00°17'46" West a distance of 61.59 feet; Thence South 89°42'14" West a distance of 156.67 feet; Thence South 00°17'46" East a distance of 27.79 feet; Thence South 89°42'14" West a distance of 20.00 feet; Thence North 00°17'46" West a distance of 27.79 feet; Thence South 89°42'14" West a distance of 100.29 feet; Thence South 00°17'46" East a distance of 27.79 feet; Thence South 89°42'14" West a distance of 20.00 feet; Thence North 00°17'46" West a distance of 27.79 feet; Thence South 89°42'14" West a .distance of 151.35 feet to a point previously referred to as P41NT "B"; Thence North 71°51'40" West a distance of 31.62 feet to a point previously referred to as POINT "A"; Thence South 89°42'14" West a distance of 24.29 feet; Thence South 44°42'14" West a distance of 49.70 feet; Thence North 45°17'46" West a distance of 13.14 feet; Thence South 89°42'14" West a distance of 22.57 feet; Thence North 00°17'46" West a distance of 20.00 feet; ~~t~ €~f~~~r~in~ + ~ar~ds~~~a~ ~~~~~it~c~~re C~vif ~ngir~~eri~~c~ Go~~ ~'o~~r5~ 1rr~~t~~r;;t~ ~ ~ i'0#~PE'~7t?~ f Grt~~t~i~ Comnrc~n~cc~tiol~ a Sutveyi~t ~~~ ~. ~ha~~~ D~~€v~, Ste. ~Q~, ~aglc, ~daha ; . _ - ~Q~.~3~,~D~~ ~ ~~c~.~~~3~.~4~~ = wvuw,theland~roupinc.com ~:'~~~1~~~.1;~37~~acimir~~{~~~#S~{ 13C~~~ Utill~~t~~4~~11rsf1~~~'SC.~i(~i!£7#~ ~1~~~~.t~t~C Page 4 of 4 ,~, ,ti „.. 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Thence North 89°42'14" East a distance of 30.13 feet; Thence Noah 45°17'46" West a distance of 47.76 feet; Thence North 44°42'14" fast a distance of 20.00 feet; Thence South 45°17'46" East a distance of 49.69 feet; Thence North 44°42'14" East a distance of 18.50 feet; Thence North 89°42'14" East a distance of 76.21 feet; Thence North ~°17'46" West a distance of 30.29feet; j Thence North. 89°42'14" East a distance of 20.00 feet; Thence South 00°17'46" East a distance of 30.29 feet; Thence North 89°42'14" East a distance of 55.37 feet; Thence North 00°17'46" West a distance of 15.OQ feet; Thence North 89°42'14" East a distance of 20.00 feet; Thence South 00°17'46" East a distance of 15.00 feet; Thence North 89°42'14" East a distance of 66.57 feet; Thence North 00°17'46" West a distance of 30.29 feet; Thence North 89°42'14" East a distance of 20.00 feet; Thence South 00°17'46" East a distance of 30.29 feet; Thence North 89°42'14" East a distance of 55.43 feet; Thence North QO°17'46" West a distance of 15.00 feet; Thence North 89°42'14" East a distance of 20.00 feet; Thence South 00°17'46" East a distance of 15.00 feet; Thence North 89°42'14" East a distance of 33.64 feet; Thence North 40°17'46" West a distance of 30.12 feet; Thence North 89°42'14" East a distance of 20.00 feet; Thence South 00°17'46" East a distance of 30.12 feet; Thence North 89°42'14" East a distance of 72.12 feet; Thence North 00°17'46" West a distance of 138.96 feet to the POINT OF BEGINNING. The above-described tract of land contains 94,196 square feet, more or less. Attached hereto is Exhibit "B"and by this reference is made a part hereof. Prepared By: THE LAND GROUP, INC. o~AL ~N~s ~~ E G~ a 14216 ~'~Te of ~~~~ ~~.x.~' g . ~. Zor3 r Si~~ ~fc~~trrr~g ~ [crr~~`sc~~~ Ar~lxt~e~~~sr~ ~~: C:rvi1 ~nq{n~~r~~r~r~ ~ Gral1 C:,~u~~s~ lrri~a~ic~r~ & ~r~~tt'a~E~•it7t' P ~r~~trr`c Gor~zrnunr`~tt~iot~ •~r.~i~veyirtt~ X62 ~ 5f~o€•e Driv~,15t1~. ~~t~, ~~~~e ~c~~~~~ ~~6 ~ : ~~ ~' 2C?~.~~9.~~~i ~` ~~~.~~~.~~~~ x~ www.theland~roupinc.com ~• ~1Q1~~~ > ` I~~kt~ii~~~s.~;G~14~1 L~~~~V ~l{I~~t~~~~~.~~~~1~UcSL€~~~~~v31 1i~V 1 ~,~v~ w~ t ~uuru up ~nu~c ~cu Dote Plotted: Tuesdoy, August 27 2013 of 08:48 Atd N ~ ~, ~~ . ~}-- -- -- ~- -- No~1~~4s~ 26429T _ _. N ~' ~ o . S. Meridian Road _ • . .. o ~ ~~ f ..._. >! C t# ~~ / ~" r .a r } r ~ t / ~ ~ 10 , m 1 ~ W N ~ ~~` ! I ! woo~r4s`w ieo.~' ~s J `~ N W ~` «o ~ ~s ~a ~ ~~, ( 1 ( ~1 ~' r .. I L1{ ti Z ~ s v~ !~ I c Q ~, . -~ ~ f .,, ~ ~ tot r" ~ ~ C c o a ' / ~~ ~ n Z ~~ !~ ~ a l1 ~ ( ~ t i U2 3 ~ ~ ~ ~~ ~z~ ~ ~ N ~ QO `~ ,,nn W7 r ~ ~~ r ,~ •. ~ V r L9 .r ~ N N ~J 1~ ~. J ..- ~ t+l ~ t ~ r - N ~, N _... ~ ~ - ~ ~. N ~~ • __._ ~ ~ 2 N J j ~.! F V .i ~ .,.w- ~ tiYJ N Y, - ----~--- S. Blackspur Ave. '_ ~ ~~ _i m I~ I~ I.~ ~ ~o ~ I la I j -~ t ~~ J '~ > ~ SANt ittUc ~ ~~y .y. Red Ta~~ A artrnents ~ ~~ _.~ ~ q R~ e~ ~1 s ~ -~, ~~ ,~ Sewer and Water E e ~4~ ~ asement .g~ ~ ~~ ,. ~a~ N ~_ ~~ ` ~ Exh~b~t B ~~~ ~$ ~~ ~ ~ ~ ~ ~ Mendtan Idaho s ~ ~ w~~ :,wut~ ut. nit ~r~~ Oote Plotted: Tuesday, August 27 2013 of Ot3:36 Afrl ....rrr^...ww. 1 f I ..~ a r v .r ° r w r ~- r w ,rr „~ N r •~ r r o r r $ r r $ r 0 v r r ~ r ..- c~ r r ~ r r $ r $ ~ ° ..~ $ ~ ° ~ ~ v r ~ a~ rr ~D w r (G w ~ N ~ ~ ^m V rn Z ~ ~? ~ ~ ~ ~ ~ ~ ~ ~ N ~ N ~ 4 ~ N t+~ ~ ~ ~ ~ N ~ Z ~ ~ ~Q c3 N ~ ~ii V ~ ~ N ~ ~Q 3 N ~ ~' N ~ ~1 ~ ~ ~E ~ ~ ~ ~ 3 ~ ~ t~ Z ~ 3 "~ g ~ ni ~ '~ g ~ ~ G7 3 cD S ~ g ~' t~ ~ $ o~ ,a p v ~ ,c~`~ _. ° ~i N w .. ,~~a ,~~- ~.' v ~ v $ v o v ~ c o' Z m te r. w ~ N ~ r (~W~ O NN~ ~D .NrN~. OD G V Np~ 0/ .r. CN~I ~ ~ ~~y W NN~ N r ~ Nr_ O r_ tp Cl _'1 8 ~ ~ Z _~ ~ f~ {~- Of 1~ Z N ~- Rt ~ ~ ~ ~ z N +- RI ~ ~ f~ ~_ N ~ I"~ ~ ~ ~ ~ N # f~ ~ ~ f+~ z N a- ni z ~L ~ ~ fU ~!- f+1 ~ Of f*~ N ~ ~ _~ Z -n r ~ ~_ ~ .. N N N _ . ~ 8 ~ 8 N ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~~~~ ~ Red Ta~~ A artrnents ~ ~~ .~, b~ 11 ~ ~ ,, Sewer .and Water E asement g 4 s N ~ _ -, ~~w~ o ~ ~~ ~ W ~ 6 ~ ~ Meri~>an Idaho s ~ ~ Title: Date: 08-27-20~ 3 Scale: Iinch = I20 feet File: Meriatian City Council Nteetingr DATE: Se tember 24, 2013 ITEM NUMBER: 5J PROJECT NUMBER; ITEM TITLE: Award of Bid and Approval of Agreement to Contractors Northwest, Inc. for the "Ground Water Reservoir No. 2 and Booster Station -Construction" for the Not-~o- Exceed Amount of $3,991,066.00 MEETING NOTES ~ ~~PaauEo Community ItemiPresentations Presenter Contact Info.lNotes CLERKS OFFICE FINAL ACT10N DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~', 7'a: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Clint Worthington date: 9113113 Re: September 2~ City Council Meeting Agenda Item The Purchasing Department respectfully requests that the fiollovuing item be placed an the September 24 City Council Consent Agenda far Council's consideration. Award of Bid and Approval of Agreement to Contractors Northwest, Inc. for the "Ground Water Reservoir #2 and Booster Station -Construction " proiect for aNot- To~F~cceed amount of $3.991.066A0. This award is the result of Formal 1FB #PW~ 13~'[ 0014. Five Bids were Recommended Council Actiion: Approval of Bid Award and Contract to Contractors Northwest, Inc. for the Not To-Exceed amount of $3,99't,068A8. Thank you for your consideration. +r Page 1 Mayor Tammy de W eerd +~i1y Coanaii Mentber~r Keith Bird farad Hoaglun Charles Rour~ree David Zaremba TO: ICeith Watts T'ROIYI: Clint Worthington DATE: September 11, 2413 SUBJECT: PROJECT INFORMATION: GROUND RESERVOIR #2 AND BOOSTER PUMP STATION CONSTRUCTION I. DEPARTMENT COi~1TACT PERSONS Clint Worthington, Staff Engineer II 489-0349 { Kyle Radek, Assist City Engineer 489-0343 Warren Stewart, PW 1ingineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 lI. DESCRIPTION A. Background The Meridian water system currently has 2.5 million gallons of available storage that is provided by a 0.5 million gallon elevated tank and a 2 million gallon ground-level tank with booster pumps. The City's Water Master Plan recommended beginning the design and construction of a 2 million gallon storage facility in 2414. When combined with the City's existing 2.5 million gallon storage capacity the proposed 2 million gallon storage facility, along with additional planned supply wells, will provide enough system-wide storage capacity to satisfy the anticipated peaking and firefighting requirements for pressure zone 4 through 2025. B. Proposed Project This Contract will provide the City of Meridian with the construction of a 2 million gallon storage reservoir and booster pumps building. The reservoir and boosters will be located on the recently purchased property near the intersection of Locust Grove and Victory aloa~g Ten Mile Creek. Page 1 oj2 III: IMPACT A, Strategic Impact: Construction of the reset•voii• and booster pumps will ensure the City meets the strategic objective to develop itafrastructui•e and programs to effect[vely provide unittterrupted water supply and fre,suppressiort, B. ServicelDeIivery Impact: The reservoir will provide water sfprage that will increase the redundancy and. robustness of the City's water system„and dect'ease :our dependence on wells for instantaneous pumping- rapacity. The .reservoit• will provide flows at peak. ar-d emetgency periods. -It will ;provide the instantaneous. pumping capacity egxiivalen~to;se~veral wells. C, FscaI.Iinpact; FY 14 Preject:Gosts Ground Reservoir #2 & Booster Pump Station Construction $3,991flb6 FY 13 & 14 Proiect Fu»ciin~ Ground Rese~•voir #2 & Booster Putrip Statio~t Construction $4,2QO,.OdO. IV. TIME CONSTRAIriCTS Council's approval of this contact altows the construction to begin in FY 2013 and be substantially complete in FY 2p14. The above schedule keeps the budget and project camp[etian rate oz~ truclt with the Capital,Improvements Plan. Approved for Catancil Agenda: Date Page 2 of ~ 0 r~ M 0 ty c+i N N a er ~ _~ H ~~ °~ ? a ~ ~ w a fdl '~ H ~ ~ J ~ ~ r- W z 0~ o Ca AO ° OD eqn Q ~ 51~ a paa$ P!S O guanpuapp O ~ m L ulnPUePA. `!. atl :_, ~ ~ iunpuepp °` `_ L!J peu6~ ~ H .' - LL~ ~ o ° o r ~ Z M ~ 1~'1 ~. a ~ W LI.I fn ~ ~ D ~ oft G ~) ~ Q 0 ~ 1 .. L o ~ a ; !ca 0 w N ~ ~ N . ~, N r' a ~ ~ ~ ~ ~V ~ 1 ` a . ~ a ~ ~ a ~ ~ ~ ~ . > > Z ' -~ N ~ 0 V ~4 ~ ti ~ 7 ~. ~. ~ C Q 1Li71J ~7 V 1GW11Ab' 1J µJ111GJa L'lit~1L~ rake i or L f3ei~ Ysursa, Secretary of State [ Get a certificate of existence for CONTRACT ,ppa', rya~y~~ .~q __..®. .. 7~pgn. ...pu~. ~ ,y~~p, . ~~~,~py..g~.q ~~A'1t Q1~G°1b iIDd~~U'i ~~O~~~OT [4 ~~,d~~ ~Y ~!~da~ SOX b300 COEUR p'ALENE, XD'8°,816 1938 Type of Business: CORPORATION,. GENERi4L BUSINESS Status: GOQDSl'i4NDING, ANREAT SENT 07 ]an 2013 State of Origin: WASHINGTON Date of 19 Mar 197b Origiination/Authorization: Current Registered Agent; D DEAN HAAGE~ISON N 3731 RAMSE=Y RD COEUR D'ALENE, ID 83815 Organizatianal 1D /Piling C53098 Number: Number of Authorized Stock Shares: Date of Last Annual Report: 29 Jan 2013 ~r~~i!ro~R ~~I~n~o ~~AH~ ~E~~ETARY ~~ S~TAT~ Vi~win~ a~sii~ess En~[~y [ Help Me Prink/View TIFF, ] Filed 19 Mar 1976 CERTIFICATE OF AUTHORITY Am~~ade~e~~sc [:.Help Me RrintiVfew TIFF ] Amendment Filed 19 Mar' ].976 OTHER ~ APPT OF DA - WILLIAM W. NIX4N, COEUR D'ALENE Amendment Flied 16 Qct x980 OTHER - CHG OF RA TO D, DEAN {-1AACENSbN ~tflD~~i Rip®~t~5; Report for year 203.3 ANNUAL REPORT Report far year 2012 ANNUAL REPORT Report #or year 2011 ANNUAL .REPORT Report far year 2010.ANNUAL REPORT Repast fs~r year 2009 ANNUAL REPORT Report for year 2QQ8 ANNUAL REPORT Report for year 2007 ANNUAL REPORT Report for year 2006 ANNUAL REPORT Report for year 2005 ANNUAL REPORT [ Help Me Print/View TIFF.] View Document Online View Document Online View Document Online 'View Document Online View .Document Online View Document Online View Document Online View Image {PDF format) View Image {TIFF format) View Image (PDF format) View Image (TIFF format http:/fwww.accessidaho.arglpublic/sos/coip/CS3098.htm1 9/.13/2013 V 114141V~.1- 1 }tG\I Login Public. Contractor Search PERMITS LICENSE PUBLIC WORK VIOLATIONS EL.EVA70RS X~I.~'G t U.[ G -- Public Works Search ~~` searcf~ Again D6wnlaad Resui• Contractors Northwest, Inc. PWC-C-`10327 00401, x0.003 -,~ ?''rEt. .Page: 1 of t i~!~_.;; Details y License Number: PVItC-C-1327 _ic7nfa Bus Lic Fees $2,750.00 .Registration#; PWC-C-70327 issue: 2/22/2013 Expire: 2128!2014 Type: PUBLIC V110RKS 'Sub-Type: UIVLiM1TED Status: AGTIV~ ComplName: Con#ractars Northwest, inc. Address1: Po sox 600 City, State, Zip: CDEUR d ALENE, iD s3s'i6 Phone: {208) 667-2456 Ce11: .Pager: >=ax; {20s~ 667-63813 Owner Name: htlps//data,dbs.daho.gov/etralcit2/Idaho PublicWorl~sSearchRslts.asp~ 9/13/2013 :- L1~)Ct't~' - 1'~''~tltilll~, ~aymenf Bond CONTRACTOR: (Nome, Jegatstdtus arrulaifdress) i3ond No. 2302A1303 D~cu m~n~ A312 T~ -- ~~ 1 Conforms witl~ The American (nstittite of Architects. AiA Document $'12 Contractors Northwest, lnc. P. o, eox $800 Coeur ei'glene, iD 83816-1938 QWNER: (Naive, legal staters acrd address) City of Meridian 33 E, Broadway Avenue, Suiie 106 Meridian, iD 83ti42 CDNSTRl1t;TtOH CONTRACT' :Dale: September 17,.2093 Amaunt; $ 3,99~,Dti6.l)0 SURi+TY: (Name, Tegal sfalus aJrd pr!-~Clpa! place of brrsirress) Liberty Mutual Insurance Company 24001 .Et Mission Ave, Suite 900 Liberty Lake, -NA .980'19 Mal[Irig Address #or Notices Liberty Mutual insurance Company Atlenlion: Surety Claims Departrrlen 1001 4th Avenue, Suite 97011 Beattie, WA 9f3954 'rhts document has impo~tagi legal cansequenca9. Consultation wllh. an atlamey is encouraged with respect to 11s completion or modlfcation Any singular reference to Collttaolor, Surety, Owner or athef par#y shall he considered plural wftere applicable. Three Million Nine Hundred Ninety One Thousand Sixty Six Doilars and Oo/100 Description: (Nurrre arfd lecatirnr) Ground UVater Reservoir #2 and Booster Pump Station -Construction 80N1] Se tember 18 2d~3 Date: p (Not earlier than Conslrrrcliorr Coutr eat Dale) Amount: $ 3,991,088,00 Three Million tVine Hundred Ninety One Thousand Sixty Six boilers and.g0/100 INadifica{ions to this ]3cnd; ®Nane [~ See Section 18 .CONTRACTOR AS PR1NCiPAL SURETY Company: (Corporate Sea!) Company: Contractors Northwest, lnr;. ,~~ Liberty Mutualf~ (Corporate seal} Gornpany t~tz Name D . rissd Title: CEQ. Name `` and Title: (nny additlotralslgnatrrres appear orr the !as! page of this Paytireni Borrd,) (FOR JNFO,RM~iTiON OJVLY -Name, address arrdfelephar~e} AGENT or 13RUKER: C Wells l=argo Insurance Services tJSA, }nc. (101 W. Main, Suite '1400 Spoltane, WA .89209 509-358-313t)Q 5-21491A$ illlt5 OWNER'S REPRESENTATIVE: (~lrclrlteet, Engineer orotlrerparty;} § 1 The Contractor and Surety,,{ointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materiels and equipment fltmished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the folIowhtg terms. § 2 ffthe Contractor promptly mokes payment ofall sums due to Cla[mants, and defends, indemnifies and holds harmless the fawner from claims, deruands, liens or suits by any person or entity seeking payment for labor, materials or equipment fumishedfor use in tote pettitrmance of the Construction Contmct, then the Surety and the Contractor shall have no obligation under this Bond. § 3 Ifihere is no Owner Default under the Construction Contract, the Surety's obligation tq the Owner tinder this Bond shat{ arise after the Qwner has promptly notified the Contractor and the Surety (at the address described in Seedon 13) oFclaims, demands, Liens or suits agetast the owner or file Owner's property by any person or entity seeking payment for labor, materials or equipment famished for use In the perfarntance of the Construction Contract and tendered defense of such claims, demands, liens ar suits to the Contrncior and the Surety. § 4 When the fawner has satisfied the conditions in Section 3, the Surety shag promptly and at file Surety's expense defend, indemnilj~ and bald harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shalt arise after the following: § S.'1 Claimants, who do not have a direct contrast with the Contractor, .Z have tGmished a written notice ofnon payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied ar for wham the labor was done qr performed, within ninety (9ta) days oiler having lastperfonned labor or lastfumished rrtaterials or equipment included in the Claim; and .2 have Sant a Claim to ilia Surety (at the address described in Seelion i3). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at tho address described in Section 13). § B Jfa notice ofnon-payment required by Section 5.1.1 is given by the fawner to the Contractor, that is sufficient tq satisfya Claimant's obligation to famish a written notice ofnon-payment under Section 5.1,1. § 7 When a Claimant has satisfied the conditicns of Sections S.1 or 5.2, whichever is applicable, the Surety shall promptly and nt the Surety's expense take ilia fallowing actions: § 7.9 Send an answer to the Claimant, tvlth a copy to the L3tivner, within sixty (b0}days after receipt of the Claim, stating the omounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7'.21'aygr arrange for payment ofany undisputed amounts, § 7.3 '1'lte Surety's failure to discltargs its obligations under Section 7. i or Seelion 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Co~ttracior may have or acquire as to a Clairn, except as to undisputed amounts for which the Surety and Claimant have reoched agreement If, however, file Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs tltereailer to recover any sums found tq Tae due and owing to the Glaimattt. § 8 The Surety's total obligation stroll not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Sectlnn 7.3, and the amount of this Band shall be credited for any payments made in goad faith by the Surety. § 9 Amounts owed by the Qwner to the Contractor under the Constntotion Contract shall be used for the performance of rho Constriction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing sad the fawner accepting flits Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations ofthe Contractor and Surety under this Bond, subject to the Owners priority to use the funds for the completion of the work, s•z~ag~AS alto § ZO The Surety shat[ not be Iiable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construct[on Contract. The pvmer shall not be liable For the payment ofany casts or expenses of any CIa#mant under this Bond, arrd shall have under t!r#s Bond no obligation to make payments to, or give notice on behalf of, Claimants tar otherwise have any obligations to Claimants under this Bond. l § 41 The Surety hereby waives notice of any change, including changes of time, to the Construc@on Contract or to related subcantraets, purchase orders and other obligations. § 12 No suit or action shall be commenced by a CIaimant under this Bond other than #n a court of competent jurisdiction In the state in which the project that is the subject of the Construction Contract is located ar after the expiration o#'ane year from the date (l) on wltich the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the Last labor or service wasperformed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. if the provisions of this Paragraph are void or prohibited by law, the minimurrt period of limitation avai[able to sureties as a defense in the jar#sd#clia» of Qtd suit shall be app]#cable, § 13 Notice and Claims to the Surety, the t7wner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears, Actual receiptofaoHce or Claims, however accomplished, shall be sufficient compliance as o£ the dote tees#ved. § 74 When this Bond has been famished to comply with a statutory arather [egaI requirement in the location where the construction was to be pcrfornted, any pmvisian in this Bond Conflicting with said statutory or legal rcquiremcnt shall be deemed delctod herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein, When so furnished, the intent is #hat this Bond she]! be construed as a statutory bond and not as a common law bond, § 1ti Upvn request by any person or entity appearing to be a potential benefrciary of this Bond, the Contractoraad Owner shall promptly fttrnish a copy of this ]3nnd or shall permit a copy to bo made, § iti Deilnifions< § 16.1 Claim. A written statement by the CIaimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the lobar vas done, or materials or equipment furnished; C .3 a copy of the agreement or purchase order pursuant to which Tabor, materials or equipment was ~~rnished far use in Rhe perforrnanct+ofthe Construction Contract; .4 a briefdescripiion of the labor, materials orequipment famished; .5 the date an which the CIaimant last performed labor or last famished materials ar equipment for use in the performance of the Construction Contract; ,B the total amount earned by the CIaimant far labor, materials orequipment famished as of the date of the Claim; _7 the total amount ofprevious payments received by the CIaimant; and .ti the total amount due and unpaid to the Claimant for lobar, materials or equipment furnished as of the data o€the Claim. § 16.2 CIaimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Con[ractor to ~~rnish Tabor, materials or equipment for use in the performanco of the Construction Contract, q'he term CIaimant also includes any individual or entity that }tae rightfully asserted a claim under an applicable mechanic's lien or sitttllar statute against the real property upon which the Project is located. The #ntent of this Band shall be to include without #imitation in rho terms "labor, materials ar equ#pment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used iu the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechan#c's 1#en may be asserted #n the jurisdiction where ltte ia6or, materials or equipment ward famished, § 1ti.3 Constrert:tion Carttract. The agreement between the Owner and Contractor identified on the cover page, including all Contract 1ocuments and all changes made to the agreement and rho Ganttact Documents. 5-21491AS 8110 § 16.4 Owner E?efault. Failure of the Owner, which has not been remedied or waiued, to pay the Coniractor as required under the Construction Contractor to perform and complete or comply with the other material terms ofthe Canstruclian Contract. § 16.8 Contract tDocumehts. Al! the documents that comprise the agaeement Getween the Owner and Contrackar. § 171'f this hand is issued for an ageement behveen a Contractor and subcontractor, the term Contractor in this Bond shalt be deemedto be Subconkraetor and kha tarn Otimer shat) be deemed to be Captractor. § 18 Modifications to tills bond areas follows: {Space isprovided below for additiorrat signatures of addedparties, other !Fran those appearr~tg oir the caverpage~ CONTRAC'COR AS PRINCIPAk. SURETY Company; (Corpolr~ts Sea!} Conspany: (L"arporate Seai} Signature: _ _ Signature: Name and Title: Name and Address Address S 2949fAS 8110 This Powerof Attorney ifmita the acts of those named herein, and they have no eulhottty to bind rho Campanyexcept in the mannsrand to the extent herein stated. Not vaild for mortgage, note, loan, rafter of credit, bank deposit, curcency rate, interest rats or residual value guarantees. 7o confirm thavalldity of this Power of Attorney salt 610.83;'•8240 bet+rreen g;00 am and 4:3g pm EST on any 6ustnass day. American Fire anti Casualty Company I.E6erty+ Mu(ual Insurance Company Tfte Ohio Casuaity insurance Company West Amerran insurance Company IOVONrf+tALl. PERSONS BYTHESE PRESENTS: PaWER QP ATTORNEY Fire ~ tasuslly Company and The Ohb Casually I pursuant !o and by auUority hereln of U-a principatName: Contractors Northwest, Inc. Obligee Namet City of fderidian Surety Bond Number, 23U248t13 Band Amount Seo Bond Fonn tavKs IN WITNESS 1NiiEtiEOF, this t'awer of Attorney has been subsaihed by en auUrodzed officer or olficlel ai the Campantes and the corporate seals of rho Companies have been afCaed Iheret0 this Zday of Oecember.2tit2, yao c'ASr, ~~NSU A~~Y 1NSf, ~ytNSUrtq American Flra end Casualty Company ~~~ ~oswort~,, ~~~ ,~oP oRea ~~Y , ~oapo~~y ~~' !wa '~ The Ohto Casualty Insurance Company ~ ~ ~ ~' ~ ~' y ~ ~ t.Iberfy Muluat (nsurance Company ~ 1906 ~ ~ t91z ~ 0 1919 ~ ~ ,. i99i ~ WestAmedcan Insurance Company ~~~~'yarnos`~~a' ,~~''rsac-n~~~~ 3~ry~yHAr~~`F4~`~ ~~ evolAS~~ ~' Dyr ~i~~+± a~~ b _ * ~' * * {3regory W. Davenport, Aaslslant Secretary STATEOFWASHINGTON ss COUNTY OP IONt; Company, l.iberly Muluai Insurance Compar foregofrrg lnslnxnent[ar the purposes Ihereln who acknowledged htmssll to be the Ass~lant Secretary of American Fire and Casually can Insurance Company, and that he, as such, being authorized so W do, exeurte Uta IN wlrnl+ss wttl+izt:oF, t crave hereunto subssmlasd my Hama and aFirced my notarial seal al Seattle, Washington, on the day and year first aboea wduen, ~yy4iMM,N, ~;F I,y C~y~ NgTAA~' ~~, P~ar.rc t3y: - - °~ a a'~ KD Rtfey, atary PubUc, Notary Pubtic yrF~t?@~ ~~ a w~1~r4kM,,. This PowsrafAnomey is made and executed pursuant to and by authority o11he fa4otiving Bylaws and Aulhodzalions of Mtedcan Fine and Casualty Company, 71ta Ohio Casually Insurance Company, IdbertyMuh}al insurance Company, and WeslAmodcan insurenco Campeny which rasolu0ans are nowin full force and sneci reading aslattows: ARTtClE N- OFFiGERS -. Section t2. PowerolAllomey. Any officer oraWer official of Iha Corporation aulhorired for that purpose in writing by Ute Chaimtan or the President, and subject io such 6hrilaUon as ura Chalrmanor the President may pmsaif:o, shell eppofnlauch al tom eys•fn•fact, as may be necessary to act In behalf of the Corporation to make, exearte, seat, ac[atavdedge and deliver as surety any and sit undedakings,bonds, ramgnlzances and athersurety ablleations. Such eltorneys•1n•fact, ~rbjeet to the itmllaGons set forth [n Ihefr respscliva powers otatiomey, shat! have fu11 power to bind the Corporation by U>efr signature and oxecuUon of ar>y such Insbumenls and to aUau`r Utereio the seat et the CorporoUon. When so executed, such fnsUuments shalt be as 6lndhg as if signed by the Presldenl and attested Toby the Secretary Any power oraulhoriygranled to anyrepresentaGveoraHamey fn-faetunder Ute pmvislons of Urtsadieta maybe revoked atanyUmeby lira Board, the Chairman, the PresWentor by Ure o{ficeraroff~cers granting such poweraraulhodEy. ARTICt.ti xtll - Execution a! ConVacts •- Sl;CTfON S. Surety Bonds and Undertakings. Any alfiCar a! the Company sulhorized for Urat purpose in wdfing by rho chabman or the pras[dent, and subject to such timifa6ans as the d,almran or the president may proscribe, ahail appolni auNt ailomeys•tr,•(act, asmay bonecessary io act !n hehafCoi th6 Company is make,exeeule,seat,adarowkdgeanddeliverassuretyanyandallundertaWngs,bonds,recagniisrrcesandothersumryobl"~aUona. $uchettomays•fn•factsutrjscltotheCunitaUonssal Corift in Ihafr respective powers of atfomey, shall itave full power to bind rho Company by Utah signaturo and exocuUon of any such Inslrumanis and to attach Iherelo n}e Baal of the Company. When sa exewrad each insUumenis sfrag ba as binding asif signodby the presidentand atlastad by Iha seaefary. Certificate of t)eslgnation - Tha Pmsktont of Iha Company, ailing pursuant to the Bylaws of the Company, auihorizes t;regory W, Davenport, Assistant Secretary to appoint such atlomeys•fi•fact asmay 6e necessary la act on behalf of Ura Company to make, execute, seal, acknowfe go and deliver es surety any and ail undedakings, bonds, retagn'aanoes and other suretyobfigadons. Authorization - ey unanlmaus cansen! of the Company's Board of Dlreclors, the Company consents chat facsfmRe ar mechanlcasy reproduced slgnetura of any assfst6nlsetxefary of the Company,when:verappearrrrg upon a oerlir~ed tapyof any powerof atfomey ~sr>ed by the Company In ~nnecUon wtfh surety bands,sh~U be vslk! and binding upon Ills Company I, David M. Carey, the undarstgned, Assistant Secretary, of American Fire and Casually Company, The Ohio Casualty Insurance Company, Ll6eriy Mutual lnsuranpa Company, and West Amedan insurance Compaay do hereby cerilfy Ural the ortglnal power oCaitomey of wfiictr the foregoing is a ru11, hue and caned aopyof uta Povrerof Atiomeyexewted by saki Companies, is In full lotto and eHacland has not bean revoked. INTESTIfAONYWttERiiOF,IhavahereuntosetmyhandandalfaedthesealaafsaldCompan[ssthts frith dayof September 2413 t,~3D ~ASj~ titNSVq y¢Li'r iNSU INSG/y4 , ~•¢o,~ etr~t~ ,R*~Ao"r'oa~`y~, t~Ja~o~o~~~ w'~~~Oaro~ ~`rF JG% ~ ~ wTy 1906 ~ ~ ~ 'tstz ~ 0 1919,~r~ ~ N 1991 ~ Y• ~IY~NA}A4 *~~ ) y'sSACri~' 1~ ~ HAlA ~ ~DIAtY~ '~ tt ~, {i 13arlt~ No. 23024803 :, ~,1~]C~'~' IV~uiZrial. [~~~u merit A 12 TM --~ 2C~ 1 ~ Conforms with The An'-erican tnstttute of Architects R1A Racument 3't2 Performance Bvnt~' CONTRACTOR: (Nacre, legal status and address) Contractors Northwest, .inc. p. O; Box :6300 Coeur cl'Aiene, tD 83896-7938 OWNER: (Nance, legal stcrtrrs and address} City of Merldlan 33 E..Broadway Avenue,.Sutie 106 Meridian, ID 836A2 CONSTRUGTiQN CbNTRACT Data; September17,20~3 Amous,t:$ 3,999,066.00 Aescription: (Nance and laratToxj SURETY: (Name, legal stgtrrs antJprinrlpal place of brts}rress) liberty Mutual Insurance Company 2q 001 E, Mission Ave, Suite 'tOQ liberty Lake, WA 99099 Mailing Address for Notices Liberty Mutual tnsurance Company Attention: Sclrety Clalms Depar#ment 90~~ nth Avenue, suds 97ao Seattle, WA 987b4 This document has Important fagot consequences, Consuitstton with an attorney is encouraged with respect to Its C.ampistfon or mo8ifirat~on. Any slrtgutar rererence to Contractor, Surety, Owneror other party shail 6e conSldered plural where applicebie. 'f hree Mifi{on Nine Hundred Ninety Qne Thousand Sixty Six Dollars and 00!'100 Ground Water Reservoir.#2 and Booster pump Statiar~ -Construction BONf~ Sato: September 18, 209 3 (Not ear!!er lhac Consrrstcrlorr CorrlractDafeJ Amounts S $3,991,066,40 Three Miiilon Nine Hundred Nlnety One Thousand Sixty Six Daila~s and 001900 Modificnttons to this Bond: RL.~ Nana ~ See Section lb coNTRACrv~ As PRtiVcif~laL Companyc {G'orporkle S'ealj Contractors Northwest, Ina; Sigdah,re: .~~, Name D . .DEN HAA ,~. and Title; CEQ SURETY Company; (Corporate Seal) Liberty Mutual nsurance Company ~~~`ou°~~~~ ~ i9t~ xn `; ,~i, ~s tw~ .L Sigaatu i 9~s~n~ ~'~ Naive th Gur ey $nd Title: Attorney'trl-Fact (Rny addUiwral sigrrirtar'es appear err the last page of this Perfot7cacce Bortd.) ~F'OR. INFORMfiTION ONLY - Nace, address utrd telephone) AGENT or aR~KER: OWNER'S REPRfcSENTA~'iVE: We11s Fargo insurance Services t1SA, Irac. (d'~lritect,.~ugttr~erorotlierprii~ty:} 609 VU. Matn, Suite 9400 SpoRane, WA 9J201 509-358-3600 S-'ia51JA5 8110 r § '1 The Contractor sud Surety, jointly and severally, bind themselves, their heirs, executors, administrators, succcssarsand assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. C § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have na obligation wader this Bond, except when applicable (o participate in a conference as provided In Section 3. § 3 If there is no OwnerDefault underthe Construction Cnntraet, the Surety's obligation under this Bond shall arise after .9 the Owner first provides notice to the Contractor and the Surety thak the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesdn$ n conference among the Qwner, Contractorand Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5j business days after receipt of the Owner's nntice, request such n conference. If the Surety timely requests a conference, the Ownershall attend. Unless the Owner agrees other<viso, any conference requested under this Section 3.1 shalt be held within ten (It?) business days of rho Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contrecfor shall be a]lowed a reasonable time to perform the Construction Contrack but suclr an agreement shall not waive the Ownor's right, if any, subsequently to declare a Contractor Default, .2 the Owner declares a Contractor Default, terminates the Construction Contract and noHlles the Surety; and ,3 the Owner has agreed to pay the Balance ofihe Contract Price in accordance with die terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Conlsact. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.i shall not constitute a failure to comply with a condition precedent to the Surety's obligations, yr release the Surety from its abligatians, except to the extent the Surety demonstrates ae[ual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall prpmptiy and at the Surety's expense take one of the fbI[vwing actions: § 5.1 Arrange for the Cnnhactor, with the r~ansent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete rho Construction Contract itself, through ifs agents or independent contrnctors; { § 5,3 Obtain bids ar negotiated proposals from qualified contractors acceptable to the Owner for a contract forperformance and compiefien of the Construction Contract, arrange for a contract to be prepared for execution by rho Owner and a eontraetorseleeted with the Owner=s concurrence, to be secured wish performance and payment bonds executed by a qualified surety equivalent #o the bonds issued on the Constrrction Contract, and pay to the Owner the amount of damages as described in Section 7 In excess of the Balance of the Contract Price incurred by the Owner as a result of the ContraetorDefault; yr § 5,4 Waive its right to perform and corrtplete, arrange for completion, or obtain a new contractor and with reasonable prornpiness under the circumstances: .'E After investigation, determine the amount forwhich it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Ctwner or ,2 Deny liability inwhole or in part and notify the Owner, siting the reasons for denial. § 8 If the Surety does not proceed as provided in Section 5 with reasonable prvmpfness, the Surety shall be deemed fo be in default on this Bond seven days afterreceipt of an additional written aatice from the Owner to tlso Surety demanding that rho Surety perform its abiigations under this Bond, and the Owner shall be entitled to enforce any remedy available to fhe Owner. if the Surety proceeds as provided in Seefian 5.4, and the Owner refuses thepayment or the Surety has dented liability, in whole or in part, without further notice rho t)wnershall be entitled to enforce any remedy available to the Owner. 5-1852/AS 8fi4 § 7If the Surety elects to actunder Section 5.1, 5.2 or 5.3, then the responsibilities ofthe Surety to fife Owner shall not ba greater khan these of the Contractor under the Construction Contract, and the responsibilities ofthe Owner to the Suretyshall not be greater than those oFthe Owner tinder the Construction Contract. Subject to the Commitment by the Owner to pay fhe Balance of the ContractPrice, the Surety is obligated, without duplication, for .1 the responsibilities of We Contractor for correction of defective work and completion of the Construction Contract; ,2 additional legal, design professional and delay costs resultingfrom the Contractor's Default, and resulting from the actions or failure to act of fhe Surety under Section 5; and .3 liquidated damages, or iFno Ilquidated damages are speeifed in the Construction Contract; actual damages caused by delayed performance croon-performance of the Contractor. § t; If the Surety elects to act under Section 5.1, 5.3 or 3.4, the Snrery'a liability Ss limited to the amount of #his Bond § 9 The Surety shat! not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Gontraet, and the Balance of the Contract Pries shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other titan the Owner ar Its heirs, executors, administrators, successors and assigns. § 10'fha Surety hereby waives notice ofany change, including changes of time, to the Construction Contract ar to related subcontracts, purchase orders and oiherobtigations. § 7 7 Anyproceeding, legal or equitable, under this Bond may be instihtted in any Court ofcompetent jurisdiction in fire location in which the work or part of the work is located andshail be instituted within two years after a declaration of ContractorDefault or within hvo years after the Contractor ceased working or within two years after the Surety refttses or falls to perform its obilgattans under this Bond, whichever occurs First. Ifthe provisions of this Paragraph are void orprohibited by taw, the ntittirnum period oflimltelion availabte to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owneror the Contractor she!! be mailed or delivered to the address shown on the page on which their signature appears. § 13 'When ih'ss Bond has been firmished to comply with a statutory or other legal requirement in the location rvhere the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requ[rement shall be deemed deleted herefl:cm and provisions conforming to such statutory or other legal requirement shall be deemed htearporated herein. When so furnished, the intent is that this t3ond shall be construed as a statutory bond and riot as a common law bond, § 14 DefinEtions § 14.9 Balance of the Contract Prlco. The total amount payable by the owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor afat>,y amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by al l valid and proper payments made to or on behalf of the Contractarunderihe Construction Contract. § 74.2 Construction Contrast. The agreement between the owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Cantrnct Documents. § 14.E Contractor Default. Failure of the Contractor, which has oat been remedied or waived, to perform or otherwise to comply with a material terra afthe Construction Contract. § 14.4 Owner Default, Failure of the Owner, whiclt has not been remedied or waived, to payihe Contractor as required under the Construction Contract ar to perform and complete or comply with the other material terms oFthe Construction Contract. § 14,5 Contract Docurstents. All the documents that comprise the agreement between Site Owner and Contractor § 15 7f this Bond is Issued for an agreement between a Contractor and subcontractor, the term Contractor to this Sond shall be deemed to be Subcontractor and the tcrtn Owner shall be deemed to be Contractor. S•i852/AS Bltt) § 46 Modifications to this bond areas follows: (Space is provided beloev far additional slgnadures of added parties, otherlkar~ tlrase uppearPng orr rite cover page.) CQP[TR~iCTaR AS PR13aCIPAte SURIw`CY Company: (Corparale S'ea!) Company: SSgnature: Name and TStie: Address (Corparale 3ea1J Signature _ Name acid Titles: Address 5.9852lAS 8190 593790 '/$~ ~'~~ ~~~~~ ~ ~ ~~ ~~ ' ~~ ~ j~~~~~~ aA 3 m W~ 1 / 11 /-1- L., 1 [ 9/B 41 THIS CERTIFICATE 15 ESSUE~I AS A MATTER OF INFORMATION QHLY AND CONFERS NO Ri6Hi'S iIPQN 'FifE CERTIFICATE HOLDER. TH18 CERTIFICATE OUE$ NUi' AFFIR1NATiVI"LY QFt NEGATIVELY AINI=ND, EXT>:ND OR ALTER THE GOtIERAGE AFFORDED BY THE pOitCIEB BELOW. TfiiS CERTIFICATE OF INSURANCE DOES NUT CONSTITUTE A CONTRACT BETWEEN TILE iS5U(Nta INSURER{S}, AUTHORIZED REPRESl;NTATIVE UR PRODUCER, AND'll'tIL CEItTIFlCATE IdULDER. iMPORTANT's IC thty aert8icate haldor Ia an Abbtl'1r]NAL INSURED, the pallcy{ies} must 6a endorsed. ff SUBROGATION !S WAIVED, subJect to the terms and aandlUane of the paiicy, certain Itallcles may require an endorsement, A statement an ihfa ceitlTlc8le does not conFer rights to the certHfcete hoiderln lieu oisuch and4TSemerd{s . PRaoucFR ~ KRISTY BREMER Commaraai lines - (509) 358-3800 PHONE 5407 5e-,3933 1 866 510 9 - . - 586 plc No : Wells Fargo Insurance Services USA, IRC, - CA Lic#; ODD8448 ~~, kris .bremart~wellsfargo.arsm s0i Weat Main Sfiee>; 5ui6a 1400 INB(I a A~aalDUaacavsRAaa NAlcn Spokane, WA 99201-4635 INSUAen A: CanOnental Wastem Insurance Company 90804 IN$UREif FxsuasR H - COntraCtOlB NOrtIIWOSt inC. 048URe.{i C - P.Q. Box 630D INauRExo: IHSURBR E Gaeur d'Alene fdaflo 83816 P: COtfPRAI;ES CEFrt;TiFICATE NUMBER: 65t394~4 R€VISION NUMBER` See below THIS I& TO CERTIFY THAT THE POLICIES QF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED A90V1= FOR THE POLICY PERIOD INDICATED, NOTWITHSTANOINCi ANY REQUIREMENT« TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT V111TH RESPECT TO WHICH THIS CERTIFICATE MAY SE iSSUtiD OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERNfS , E3(CLCISIONS AND CONDITIONS OF 5UCIf POLICIES. LIMITS SHOWtJ MAY HAVE BEEN REDUCED BY PAib CLAIMS. TYPE4FiNSURANGE A40 ~ POU NUAreER 6~ YE7~ LIiS1R3 A cENERALLla6lcrrr ?( X CWP2930234 00/01/2013 08/01/2014 EACHOCCUIIR~,IGE S >I.aao.aau X COMMERCUILGENERALLW91LrrY PREMI S Pa S ~.~ CLAIhAS.MgDE QQCC UR , MEOExP(Any:mape:aen $ 70,000 X WAS70PGgPSt,000a00 Pr=RSDNALdADVINJURY 000000 S 1 , tlENERAI AGORE(34ffi 000 000 i 2 . , . GEN'LAC~GREGATELIMrrAPPLIESPErt; PROOUCT9-COMPIaFAGG S 2.000.000 POLICY X PRO- LOC ~ S A A+rr orRaelct;LweILITV CWP2938230 06/01/2013 08101/2014 ~aBINEU8IN[iLE f,eoaU00 % ANYAUTO 6a0ILYINJURY(Perperaool 3 AI~fTOS SED gUi05U~ HaOILY INJURY (Pereeddentl S X HIRmAUi05 X AUi~WNEO P~OPEI,it ~DAMA6E ; s A x uareAE'i"i'"B x occuR CU2936231 08101!2013 (1610112014 >:ACN OCCURRENCE S 5,000,000 EXCf.S9 UA8 C~~,MgDE AGGREGATE 000000 S 5 . Den RETENTIONS x A woR-a~scalnPSxsAnax AND EMPLOYERS- LlAe1LIrY Y!N CWP2936230 06!01!2013 06/01/2014 wcsrATU- ~ oTl+ ANY PROPRIETORIPARTHER/E3(ECUTNE OFFICER~R1FJd9ERErcclu[1Ftrr ~N NrA WASTOA(3AP/EMPLOYlrRS ELFACHAGCIDIJVT S 1.000'000 {Mscsdaforyln NH} M yes desmbe under LIABILITY QNLY EL DISEASE-EAEMPLOY S ~•~•~ , DESCRIPTION>7FOPERATtCNB EL.AISEASE-P4LtCYLIMn' S ~•~•~ DE9CEilPSlotfOF4PERq~rtaNa/WCp1'IaNglyEHfCLr:S (Att~cr~ACCRAEOI,AddftlonHRemarheBcrbdWe,Hnmrsepacrolereq~lrady GL CG 0013 01 12,CL CG 00 20 Oi 12,CLCG20484212 AS RESPECTS GROUND WATER RESERVOIR I~2 AND BOOSTER PUMP STATIOT! - PRaJECT #10014 PRIMARYIHUN-CONTRiBUTQRY ADDiTiO~IAL INSURED STATUS AND WAIVER 4F SUBROGATION IF REQUIRED BY WRITTEN CONTRACT TO ~ THE CITYQF MERIDIAN ITS EI.ECTl=D OFFtCERS, OFFICIALS, EMPLOYEES, AND VOLUN7EERSAS GRANTI~D gYTHE ACTUAL POLICY FORMS ATTACHED TO THE CERTIFIGATE. CITY OF MERIDIAN PURCHA51Nf3 f)EPT 38 EAST BROADWAY, SUITE 106 MERIDIAN ID 83642 SHOULD AHY OF THE? Af30NE DE8CIi1BED POLICIES BE CAHCi:t.l.Et) BEFORE THE EXPIRATtflN DAT>n THEREOF, NOTICE IApLL Bl? DELIVERED IN ACCORDANCE W(IH THE POLICY pROYI910NS, 9'°-~*~ ACORD 2B (2010105) 7i:e ACORD otACORO ®1988 20iQ reserved. ~~ THIS E1~iDORS1;MENT CIiANGf~S THE POLtGY. PLt=ABI= REAQ fl' OAREFULLY. GENERAL LIA~ILI'TY ~I..ATINUM ~NQ~DR~EIVlENT This endorsement modifies Insurance provided under the following: COMMt3RCIAl. GENERAL LIABILITY C01iE13A0E PART A. MEpiCAL PAYMENTS If SECTION i - COVEtZADE C MEDICAL PAYMENTS Is not otherwise excluded from this Coverage PaR: 9, The Medical Expense Limit provided by this po#icy, subject to the t®rms of SECTION III • !.#MiTS Ot= INSURANCE, Shall be the greater of: a. ;$10,OOD; or b. The Medical Expense Lirnlt shown ]n the Deciarallons of this Coverage Part. 8. FIRE, LIGHTNING, E}CPLOSION, SMOItE AND St'EtINi{LER LEAKAGE DAMAGE TO PREIVfISES YOU RENT If damage to premises rented to you under Coverage A. Is not otherwisQ excluded from this policy, the fallowing applies: '!. The last paragraph of SECTION I w COVERAGE A.2. Excluelons ]s deleted and replaced by the following; • - _ Exclusions c. through n, da not apply to damage by ftre, lightning, explosion, smoke or sprinkler leakage to premises while rented to your of temporarily occupied by you with permission of the owner. A separate limit of insurariae applies to !h[s coverage as described in SECTION ]tl - LlMftt3 OF IN8UI3ANCE. 2. Paragraph t3. of SECTION III ~- LIMITS OF fNSUtiANCE Is deleted and replaced by the following: 8. Subject to Paragraph 5. above, the greater of: a. $300,000; ar b. the 17amage To premises Rented To You Limit shown fn iha Declarations; is the most we wli) pay Under COVERAGE A far damages because of ppraperty damage" fa any one premises, while rented to you or temporarily occupied by you with the permission of the owner. 3. Paragraph d.b.{~Ij(aj{lt) Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY COND1TIOi~3 Is deleted and replaced by the following: (Itj That Is Flre, Lightning, Explosion, Smoke or Sprinkler Leakage Insurance for premises rented to yoU ar temporarily occupied by you with the permission of the aW1ieC; 4. Paragraph fl.a. of SECTION V - DEFINtTtONS to deleted end replaced by the fallowing: a. A cantracE far a lease of premises, Ftowever, that pardon of the contract for a lease of premises That Indernnlfies any person or organlzatlon for damage by fire, lightnlrsg, explosion, smoke or sprinkier Leakage to premises while rented to you or temporarily accugfed by you with permission of the owner is not an °Insured contract'; C. LIIUIITED NON-0WNEd WATERCF;IAFT 1. paragraph g.{2j of SECTION J -- COVERAGE A.2, Exclusions is deleted and replaced by the following: A watercraft you do not own that Is; a. Less then 81 feat long; and CL GG RR 93 09 92 Includes capydgMed tnetari8l of Insurance Services Page 1 of 9 Office, Ina with ks penniealan b. Nat used b carry persons or property [or a charge. f!. SUPPkf~MENTAftY I'AYMEt~TS t3ECTiQN t ~ SUPPLEMEI~iTARY i~AYMENT3 - Ct?V~iiAC31wS A AND B is amended as follows: ' !. The limltaf insurance to paragraph 4.b. is tncreasad from $2ti0 to $2,60D; and 2. The limit of Insurance in paragraph l.d. is tncreasad from $250 #o $t3DD, E, AIITdMATIC AI~[)11'Ib1dAL INSUREt! -- SPEC1FIEp RELATIQNSHIPS - RRlMARY ~lON-CONTRIBiJTORY The following to added to I~aragraph 2, of SECTION It - WHd t3 AN tN3UR1=Ct: e. Any person or ar~anizatlon described below, when you are obligated by virtue of a wrtten contract or agreeman# that such person be added as an addlttonal Insured on your policy, When required by v[rtue of a written contract ar agreement, coverage provided to any addlttonal insured will be an a primary basis and will not eeek contdbutton from the addlttonal insured's policy. Only the following persons or orgenlzations era addlttonal Insureds under this endorsement: {!} Managers tJ<r Lessors 4f P'remtses. The manager or lessor of a premise leased to you, but only wtih respect to Ilabitity arising from the awrtershlp, maintenance or use of that part of the premtses teased lri you and subjsat to the following addlttonal exclusions: This Insurance does not apply to: {a} Any "occurrence" which takes place after you cease to be a tenant of that premises. {b} Structural aiteratloris, new construction ar demolition oparaftvns performed by or on behalf of the manager ar lessor. (2} kessor Qf Leased Equlprne~nf. Any person or organizatlan from whom you lease equipment, but only with respeat to liabiifty for "bodily in}ury", "property damage" or "personal and advedlsing injury" oausad, in whale or in park by your maintenance, operation or use of equipment leased to you ay such psrsan(s} ar organization(s). However, this insurance does not apply to any "occurrence" vr+hich takes plane after the equtpmen# lease expires. (3} Vendors. Any person or organixatlan, buf only wffh respect to "bodily Injury' ar "property damage" arising out of "your products" shown In iha Schedule which are dlsMbuted or sold to the regular course of the vendor's business, aub]aot to the fallowing addlttonal exclusions: a. The Insurance afforded the vendor doss net apply to: ~. "Bodily injury" or "property damage" for which the vendor Is obligated #o pay damages by r+sason of the assumption of iiablllty In a contrast or agreement. This exclusion does net app}y to iiablllty tar damages that the vender would have [n the absence of the contract or agreement; ~. Any express warranty unauthotlzed by you; 3. Any physical ar chemical change in the product made intentlonaliy by the vendor, 4. Repackaging, unless unpacked solely for kha purpose of Inspecifon, demonstration, testing, or the subsmutRon of parts under inatructtons Pram the manufacturer, and Phan repackaged in the original container, 8. Any failure to make such inspections, adJustments, tests or senrfcing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in canneation with the dlstrtbution or sale of the products; 8. t7emanstratlon, Installation, servicing or repair operations, except such operattans performed at the vendor's premtsea In canrsectton with the sate of the product; CL CG DO !3 09 ! ~ Includes copyrighted materiel of insurance Sertitces Page ~ of 6 Qfltce, Inc with (Is permtsalon 7. Products which, after disWbutlon or sate by you, have been rabeled ar relabeled or used as a contafier, part or ingredient of any other thing or sutrstance by or for the vendor. b, This insurance does net apply to any insured person or arganlzatEon, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying orccntalning such products. (4) State Ox Political Subdlvialan .- Permits Or Auttrorizatlons Relating 'fo Premises. Any state or poiltfoal subdivisions subjec# to the following eddltional provision: This insurance applies only with respect to rho following hazards for which the stale or political subdivislan has Issued a partnlt in' connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, ar rernovai of advertising signs, awnings, canopies, cellar enU'anc~s, ooai Notes, driveways, manholes, marquees, beset away openings, sidowalk vaults, street banners, ar decorations and simiiarexposures; ar (b) The ,construction, erection, ar removal of elevators; or (o) The ownership, rnalntenance, or use of any elevators covered by this insurance Llmlts of insurance far such additional insured are the limits in this coverage form or the iilnifs you and such additional insured agreed to by virtue of a contract or agreement, whichever is leas. These limits are inclusive of and are not in sddfdan to the Limits 47f Insarance shown in the t7eclaratlans, When required 6y virtue of a written contract or agreemont, coverage provided to any additional insured AtJTOMATiC AgpITIOhiAL [NSURED - SPECiFIEd RELATfONSHIPt3 -- PRIMARY NON-CONTR[BU'TORY will be an a primary basis and will net seek contribution from the additional fnsured's policy. F. SROAE}SNI:D NAMED INSURED - NEWLY AfrQttIRED 4$0 GAYS Paragraph 3. of SECTION Il • WHO 13 AN INSURED Is deleted end replaced by the following: Any organization ycu newly acquire or form, other than a joint venture, and over which you maintain L ownership or majority Interebt of more than 50~1u w1N be a Named insured if there is no olhsr similar insurance available to that organlxatlan. However: a. Coverage under this provision is afiforded only until fhe 4$t)th day after you acquire ar form Uta organization or the end of the policy period, whichever is earl[er. b. COVERAGE A does net apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organixatlan. c. COVERAGE B does nat apply to "psrsanal and advertising injury" arising out of an offense commuted before you acquired or formed the organization. t;3. AGt3REGA't'E LIMITS OF INSURANCE The General Aggregate Limit under SECTION tit -LIMITS OF fNSUfZANCE appgea separately to each of your; 4, Projects away from premises owned by or ranted to you. x. "t,ocatlons" awned by or rented to you.. "Location" means premises involving the same or connecting fats, or prernlses whose connection Es Interrupted only by a street, roadway, waterway orright-ot way of a railroad. H. KNOWLEDGE OF flGCURRENCE The following Is added fa paragraph 2. Dulles Ira The Event Of Occurrence, Offense, Claim Or Suit of SIrC7it7N IV _ CflMM18RCIAL GENERAL LIABILITY CONl7i'i'ION5: e, A report of an "occurrence", offense, claim or "suit" ta: (1) You, ff you are an indivlduai, {2) A partner, If you are a partnership, GL CG t?Q @3 04 '12 Includes copyrighted matedai at ineurartce services Page 3 of 6 Oftlae, Inc with its permleeion (3} An executive officer, if you are a carporaGon, or (4} A manager, if ycu are a limited liab111ty company; is consldetr3d knowledge and requires you to notify us of the "occurrence", offense, claim, or "suit" as soon as practicable. f. We are considered on notice of an "ocaurrenoa", offense, claim or "cult" that Is reported to your Workers' Compensation Insurer for an event which let®r develops into an "occurrence', offense, oialm or "soft" forwhloh there is coverage under this policy. Ftawever, we will only be considered on notice if you notify us as scan as you know the de[m shouid ire addressed by Phis policy rather than your 1Norkers' Compensation policy. UNFNTENTIONAL OMISSIQNS The folfaw[ng is added to paragraph B. Representations of SEC7IQN iV Ct1MMI"sRG1AL GENERAL LlADiLl7'Y CDNDITtQNS: d. If you unintehUonaiiy fall to disclose any exposures existing at th$ inception date of your policy, we wll! not deny ooverage under this Coverage Part sclely because of such failure to disclose. However, this emulsion doss not affeot our right to collect additional premium or exerclae our right ofcancellation ornon-renewal. This provision does not apply to any known injury or damage which Is excluded under any other provision of this policy, J. MENTAL ANQUIBM paragraph 3, ofSECTfAN V--pEFINlTiCNS is deleted and replaced by the following: 3. "Bodily fnjury° means bodily injury, sickness or disease sustained by a person, inciudfng mental anguish or death resulting from any of these at any time. K. WAIVER t)F TRANSFER OF RiOH'TS t)F RI;Ct?VrRY AGAINST' DTHt=RS Paragraph ti. Transfer Of Rightts t~P Reoovery Against t)thers To Us of SECTION IV .- CUMINERCIAL t~ENERAL LlAt31tITY CQNDITiONS is emended by the addition of the following: UUe waive any right of recovery we may have because of payments we make for "badiiy injury' or "proper#y damage" ariaing out of your ongoing operations or ','your worm' done under a contract requiring such waiver with that person or organization and included In the "products-completed operations hazard". However, our rights may only be waived prior to the "occurrence" gluing rise to the injury or damage for which we make payment under this Coverage Part. The Insured must do noshing after a lass to impair our rights, At our request, the Insured will bring "suit" ar transfer those rights to us and help us enforce those rights. L. t}TWER INSUIiANCt: When Coverage epplles in this General Liability Enhancement )=ndoraement, no other coverage ar Ilmit of insurance !n the policy applies to foss or damage Insured by this coverage, M. NpN•EM1sLC?YMENT Di9CF11M1NATttlN LiABILi'['Y {pl;FENSE WITHIN LIMITS} The following is added to paragraph `14. "Porsonal and advertising injury" &ECTION V pE1=1NlTIONB of CCtNIMI~i7C1AL Ol;NEI2AL LIABIfi`I'Y COVIxRAGf; FARM; h. Non-employment dlacrlminailon. Non-employment discriminakion means violation of a person's civil rights with respect to such parson's race, color, national origin, re1lgion, gender, marikal status, age, sexual orientation or preference, physical ar mental cond(iton, or any other protsoted class or charaoteristlc established by any federal, state or local statutes, rotes or ragulatiens. Non-emplaymenE discrimination does not include violation of civil fights arising out of past, present or prospective employment Our obligation under the Personal and Advertising Injury Liability Coverage to pay non- empioyment discriminafjan liability damages an your behalf epplles only to fho amount of damages in excess of $8,000 deductible as tits result of any one offense regarciless of the number of persons or organisations who austaln damages because of the offense. CL CG OQ 73 09 12 Includes copyrighted matedet of Insurencs Services Page 4 of 8 ~tfIC9, Ir1Cwilh itB pBtmleelDn i'he most we will pay for all damages for non~mptoyment disorimingtfon Is $16,QQt} annual aggregate. No other liability to pay surds or perform acts or services fs covered. Supplemental Payments - Coverages A and B do not apply to non-employment dlscriminatlon coverage. N. ADklITiQNAt. INSURED - OWN!`RS, LE88t;I;S OR CONTiiACTORS UI2 OTFi~RS, AUTGMATIC, INCI.UpING PRIMARY NON-C01?iTRtStJTOI~Y 'i. Bi~CTiQN f! - WiiO IS AN fNSttRgb is amended #o lnoiude as an additonal insured any person ar organlxatton for whom you are performing operations when you are obligated by virtue of a written con#ract or agreement #hat such person ar organlzatlon be added as an additional insured on your polfay, btrt only with respeot to "bodily Injury", "property damage" or "persona! end advertlaing InJury" Is caused, in whole or In part, by: a. Your acts ar omlaslons; or b, The sots or omisslans of those acting on your behalf; in the performance of your ongoing operations for the addlllonal Insured. This Insurance does not apply to °bodily [njury", °property damage", 'personal and advertising Injury" Included wititln the "products-campiated operations hazard'. This insurenoe does not apply to any additional Insured scheduled on your policy by separate endorsement 2. I_lrnite of Insurance Limits of Insurance for such additional insured are the limits In this coverage form or the limits you and such additional insured agreed to by vlriue of a contract or agreement, whichever Is Less. These limits are Inciuslve of and are not in addlkion to fhe Llmlts Of insurance shown in the Declarations, 9. Exaluslons A. With respect to the Insurance afforded bo these addlttnnal insureds, the tollowfng addldonal exclusions $pply to "bodily Injuryr', "property damage" or "personal and adverttsing Injury" arlsing out ofi 4. The rendering of or failure fo render any professlonai services by you ar an your behalf, but only with respacE fin either or both afthe tollawing operations: a. Providing engineering, architectural or surveying services io others In your rrapacity as an engineer, archftectar surveyor; and b. Providing, or hfring Independent professianais m provide, eng[neering, arctrltrctural or surveying services In connection with construction work you pertarm. 2. Subject to Paragraph 3. below, professtonai services Include: a. Preparing, approving, or falling to prepare or approve, maps, shop drawings, oplnlons, reports, surveys, Reid orders, change orders, or drawings and specifications; and h. Supervisory ar inspection actlvitles performed as part of any related archlteclural or anglneering ac[ivitles. 3. Professional services do not Include serufces wlthln construction means, methods, techniques, sequences and procedures employed by you or performed by or for the construcifon manager, its employees or its subocnlracbars in connection with your ongoing operations. t3, "Bodily injury" or "property damage" ocourr<ns after: 9, Ail warts, including materiats, parts or equipment furnished !n connection with such work, on the protect (other #han service, maintenance or repairs) to be performed by or on behalf of the eddlRorzal insured{s} at the location of the covered operations has been completed; or CI. CG Oil 'l3 Ot 7;i: includes capyrightad malaria! of Ineurenca SeMcea page ii Of 6 offlca, inc wlih Ha penrrfsaien { 2. 'T'hat portion a# "your wari2' out of which the injury ar damage arises has trees put b ifa intended use by any person or organizataan other than another oantractor or • sutrcontr~otor engaged in perfarming operations for a principal as a parE of the same project. Q. Primary Npn-Contributory When regoired !by airtue of a written contract or agreement, Coverage provided to any adrflt#ahat Insured by AQt]li'[ONAt. 1N9UREtt .. OWNERS, LESSEES, COIVTRAC70RS OR OYHI:RS -- t)Nt301NG OPERATIONS - AUTOMATIC, IHCLUt)1NG PRIMARY NON CONTRIBUTORY util b$ on a primary bgsis and will not seek canUibutlon from the additionai Insured'a policy. CL Ca t)t} 93 4'I '12 includes copyr{ghtad material of Insurance &enricsa Page 8 of 6 OlTica, inoFVllh its permiaston ( 'PHIS ENAQRSISIUIHNi' CFIANGES THE POLICY. PtEA$E RI~AD IT CARIapUI_(.Y. ~ONTRAC'TOR GENERAL LIA~ILiT'Y PLATINUM ~ND4Ra~~l~NT This endorsement modlRea insurance provided under fire following: COMM~RGIAL QENERAL LiApiLiTY CoV~RAGE PART A. PROPERTY 17AMAGE TO BpRR4W1w0 ECItfIPriRtsNT 4. Paragraph 2 J, of SECTION f -COVERAGES, CO'UEIiAGE A DQQILY INJURY AND PROPERTY DAMAK3E LIABILITY is amended as follows: paragraphs (3) and {4J of this exclusion do not apply to teals or equipment loaned to you, provided they are net being used to perform aperaticns at the time of toss, 2, 5t»CTION ill- LIMITS OF INSURANCE Is deleted and replaced by the following; The most we will pay In any one 'occurrence° for "property damage" to borrowed equlpmertt is $78,000. This ilm t of Insurance is the most we will pay regardless of the numbero>F a. insureds; b. Claims trade or "suits' brought; ar c. Persons or arganizatfans making claims or bringing "suits°. 3, Deduct#b1e a. Our oh[igatlon to pay damages on behalf of the insured applies only to the amount of damages in excess of $250 as applicable to "property damage" as the result of any one "occurrence°, re~anlleas of the number of pereons or organlzaflons wito sustain damages because of that' occurrence". b. The terms of this insurance including those with respect #a our right and duty to defend the ~ tnsarad against any °sults~ seeking those damages; and your duties in the event of an "occurrence°, claim, or'suit" apply irrespective of the application of the deductible ameunE. c, We may pay any part or all of the deductible amount to effect settlement of any oialm or salt and, upon nottlicatlan of the aclfon fallen; you shall promptly reimburse us for such part of the deductible amount as we have paid. B. CONSTRUCTION PROJECT GENr~RAL AGGREGATE LIMIT 7. For elf sums which fire Insured becomes legailyy oblJgated to pay as damages caused by "occurronces° under COVEt~IGE A ({SECTION I~, and for 8}i medical expenses caused by accidents under COVERAGE G (SECTION IJ, which can be attributed only to ongoing aperaltons at a singie constr'u,ct:on project away from premises owned by or ranted to th$ insured: ' a. A Slagle Congdttctioh Protect General Aggregate Ltrnit applies to each conshuc8aatt protQCt away imm premises owned by or rented to the Insured, and that limit is squat to the amount of the General Aggregate Wmit Shawn in the Declarations. b. The Single Constrttctton Protect Genera! Aggregate Limit is the most we wilt pair for the sum of all damages under COVERA(31r A, except damages because of "boriily InJury or `property darrtage" fneiudsd In the °products`coinpieted operations hazard°, and far rnedicai expenses under Cb1tl;RACG C regardless of the numberof: (1 j Insureds; (~) Claims made ar "soils" brought; or (3) Persons ar organFtatJonB making claims or bringing °suits". c. Any payments made under COVERA©E A far damages ar under COVERAGt: C far medical expenses shall reduce the Single Canstruc#ton ProJed General Aggregate i~mft for that construcilon proJeat away from premises owned by or rented to thg insured. Such payrnenb shall not reduce the ©enerai Aggregate Limit shown in the beciarattons nor sha11 they reduce any other Single Construction project General Aggrr~~ate Limit for any other separate cansGuction project away from premises owned by ar ren#ed M the Insured. GL CG OD ZQ Oq ~~ includes cepyrtghtsd material of tneuranoo Services Page 1 of 4 4t~ce, Inc with Its pem}laslon d. The ilmifa shown in the Declarations for l=och Occurrence, Fire barrrage end Medical Expanse onnttnue to apply. However, lost®ad of being subject to the Genera! Aggregate Limit shown fn the Declarations, such limits will be sub~eet fo the applicable Single CanstrucUan Project General Aggregate Umit: x. Far sit sums which the insured beasrnes fegeliyy obligated to pay as damages caused iy 'occurrences" under G4V~tiAGE A {{SEC7iON 1} and for ail medico! expenses caused by accidents under CQVI?RAt~E C (SLZ"t`tON I}, w~ttah cannot be attributed only to ongoing aperattans at a single designated construction project away from premises awned by or rented to the insured: a. Any payments made under CQV~RAGE A far damages ar under COYEtaA(3~ C far medical expenses shad reduce the amount availahie under the GeneralAg gregate Limit or the Produots~mpte#ed operations Aggregate LimiE, whichever 1$ appilcabbte; and b. Such payments shall not reduce any Singie Construcctiraon Projaat General Aggregate Limit. ~. When coverage for IlabElity arising out of the wproducts-caot~7piebad operations hazarri° is provided, any payments far damages because of~"bodily injury' or 'properly damage' included !n the products-oampieted operatlon$ haxerd uvrll reduce ifiie Products-Completed Operat[ons Aggregate Limit, and rrat reduce the General Aggregate Limit ar the Singie Construction Project General Aagnegata Limit, ~. If the applicable oonaiructton project away from promises awned by ar rented to the insured has been abbandoned, delayed, or abbandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, apecltioattons ar timetables, the project will still be deemed #o be the same cohstruottan project, S. The pravtsione of Umifis OP insurance tStECTi4l~ llij oat ofhe-wise modified by this endorsement shall continue to r3ppiy as stipuia ed. C. LtMITEt) JO6 SITE; QQLWTiON Exclusion f. under ;3ectlan I - Covoraga A is replaced by the foitowir>;q: 2. Exciusiang This insurance does not apply fo: f. Pollution (1) "t3odliy InjurSt" or "property damage" arising out of the actual, alleged ar threatened discharge, d spersai, seepage, migration, release ar escape of "pollutants". (a} At ar from any premises sibs or location an which any insured or any contractors or aubcantractors wark~ng direr#ly or Indirectly an any, insured's t~ehaif are performing operaaUons if the opera ans era to #eat for, manrtor, cleanup, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess fife eifiecfis of, "pollutants"; ar (b) At or from a storage tank ar other container, duatr ppadlaliy below the surface of the ground or water ar kauded under the surface of the ground ar water anc by erasion, excavation or anY other means if the < at ar from any! premises, site or igcattan i~vhloh any insured or any contractors ar subcontractors workin dira~y or indinnctiy on any insureds behalf are pperforming operations if the "pa1[utants"one btaught on ar to the promises, site or tocatian In connection with such operations by suct- Insured, contractor ar subaoniractar. Subparagraph (b} does not apply is "bodily in~ury" ar "property damage" arising vut of heat, smoke or fumes from a "hostile ore', i~} AnY 1gss, cast orexpanse arising out of any: (a} Request, demand, onier or statutory ar regulatory requirement issued or made pursuant to an envtronmentat pro action or environmental !lability statutes ar regulations that anyy insured test far, monitor, clean up, remove, contain, treat, detoxify or neutraitze, or !n any way rrrspond to, or aBSess the eFfeots of, "'pollutants"; or CL CG 00 20 01 9F inc[udas copyrtghied matadel of tneurance Senrleea Page 2 of 4 Otilse, ino with ks pennleslon tb) Claim or cult by ar an behalf of 8 govemmenlai authority tar damages because of testing for, manltoring, cleaning aA,removing, cantaining, tneating, dabaxifyring, ar neutraltzing or in any way responding to ar assessing the offecls of, "palEutanfs°. However, this paragraph does not apply to 1lablitty for thane sums the insured batsmen legaliyy obligated to pay as damages because of "pro~party damage" that the Insured wou d have n the absence of such r~equeat, demandr oMor or statutory ar regulatory requiremsnf. or such claim or "suit" by or on behalf aF a governmental authority. 2. Wth respect to °ttatilly injury" ar °praperty damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release ar escape of °poliutsnfs". a, The "l=ath t?ccurrence Llmll" shosrrt In the Declarations does not apply. b. Paragraph 7. of Limits O/ insurance (Seetton II!) does not apply. o. Paragraph 9. of Section III - Elmira Of insurance is replaced by the fallowing: The Limits Qt insurance shown tr1 tMa endorsement, or In the Declaratlans and the rules beEew fix the mos# we wni pay regardless of the number ofi {7) insureds; {2) Cialrns made nr "sups" brought; or (3) Parsons or orsanlzatlons making claims or bringing "sulfa". d. The following are added to Seetlon Hl - Limits Of lnsuranee: 8. Subjea# to 2. or 3. above, Wirlchaver applies, the mast we will pay far the sum of• a. Damages underCoverage A; and b, Medical expenses under Coverage C because of "bodily injury" or "property damage" arising ouf of the actuat, alleged or Risreabened discharge, dispersal, seepage, migration, release ar escape of °poilutants" is $#00,000 aggregate. 9. Subject to 8, above, the Medical r~xpanse i.imf# is the mast we' will pay under Cover~e C far all medical expenses because of "Isadlly injury" sustained by any one person ansing out of the actual alleged or threatened discharge, dispersal, seepage, migration, release C or escape of "pollutants". D. VOLUNTARY PROPERTY DAMAGE 1. The following Is added to Sactian 7 .- COVERAGES: We will pay, at your request far °property damage" to that part of any property: a. Vllhiaii you or any subcontractors working direoily or indirectly on your behalf are performing aperatlons; or b. That must tae restored, repaired or replaced because "your work" was incorrectly performed on it. This lnsuranea appites only 6a "property darn~ge° to property of others while !n your care, custody, ar confml, and arising out of aparatlons away from your Insured premises and incidental to your business. Exctuslans j.(s),{aj,{Sj and (e) do net apply b this coverage. This Insurence does not apply fo "property damage" included wEkhln the °exploslon hazard'. the "ooitapse hazard° ar the underground property damage hazard'. 2. For the purposes of the ooveraga provided by la. VOLUN'f'aRY PROPERTY pAMAGE, SECTiQN !Ii - t,iMfiS OF INSUI~#htCE is replaced by the fallowing: A. Elmira of Insuragea 7, Unless a higher limit is shaven in the 1?eclaratksns, the most we will pay in any one °accurrence° for °properiy damage° under this endorsement is $15,D00. ~. Unlese a higher limit is shown In the Aer:laratlons, the most wa will pay for all covered "occurrenoes° during any ana potlay period la $1x,000 Aggregate Lirnlt of insurance. t;t CG 00 2d 0912 tneiudes capyrfghted material orlrtsursnce Services Page 3 of 4 Oince, Inc with its permisslon The Llntlts of Insurance of this endarsament apply se~retely to each coneecutlve annual period and to any ramafning period of less than I~ moMhs, stadingg with the beginning of the potfcy period shown in the eplaratlans, unless the policy period Is extended after Issuanaa fbr an additlanal period of less than 92 months, to that case, the addftlona! period will be deemed part of the fast preceding period for purposes of determining the i.imits of Insurance. 3. Osducti6ts a, Our ob[Igatron to pay damages art txaltaif of the insured appEles only to the amount of damages in excess of ~'L50 as the result of any one "ooarrrence°, reg8rdless pf the number of persons ar prganizatlana who sustain damages because of that °accurrenre", b. The terms of this insurance, Including those with respect to our tight and duty to defend the Il:sured against tiny "salts" seeking those damages; acrd your duties In the event of an "occurrence°, claim, or "salt" apply irrespective of the application of the deductible amount. c. We may pay any ppart or elf of the deductible amount to effect settlement of any claim ar salt and, upon notiRcatlan of the action taken, you shalt promptly reimburse us far such pelt of the dedudlble amount as we have paid. 4. f=or the purp~~es of the coverage provided by 0. VOt.lJl~l1'ARY PROf'1?t~TY DAMAal3, SECTlQIII fV - COMIVIt:RCtAf, Gl~NEiZP-f. L.tAe[Lt'CY CCIidD17tON6 is arilended as follovus: a. T'he follpwing Is added to paragraph 2. Duties In The event Of Oactrrrence, Offense, Claim or Bolt; In the event of loss covered lay this endorsement, the insured shall, if requested by us, 'replace the property or furnish the labor and maGarials ntacrsssaty far repairs at actual cost to the insured, excluding proepedlve profit ar overhead charges of any natun3. Any property sa paid For or replaced shall, et our aptlon, became our prapertlr. Any payment made by us shall trot constitute an admission of liability by an insured, ar bby us. b. ParagraphZ 4. Qther insurance is amended as follows: ('1) Paragraph 4.a. Pr[marylnsuranee Is deleted. (2} Subparagraphs (iy and {~j of paragraph 4.t1. Excess fnaurance are deleted and replaced with the following: This Insurance is excxrss over any of the afhet fnsurance, whether prfrnary, excess, contingent or an any otherbasta. All other pravlslans that apply Co paragrapph A. Otber insurance contained fn the Commercial i~eneral LiAbiltty Coverage Farm are appticabfe. 5. For ills purposes of the coverage rovfded by 0. VdLUfq'1'At2Y PROPI~I;tTY i?AMAGE, the iollpv-fng deftnidons are added to t3~CTiOf~l V - pf~FiNlTttlNB: a. "Collapse hazard" Includes "structural property damage" and any resulting "property damage' to any other property at any time. b. "Explosion hazard" includes °propert~y lama e" arising out of blasting or $xpioalon. The "expioslon hazard" does net include 'proper~y damage" adeing cut of the explosion of air or steam vessels, piping under pressure, prime movers, machinery or power transmitting equipment, c. "Structural property damage" means the collapse of or alructurel inJury is any building or atruoture due to: (9y Qradtng of land, excavating, borrowing, tl11ing, back-fllltng, tunneling, pile driving, cpfferdam work or caisson work; ar (2) Moving, shoring, underpinning, raising ar demolltlon oP any building or structure or removal ar rebuilding of any structural support of that louliding ar structure. d. °tlnderground property damage haxard° includes 'underground property damage" and anY resulting "property damage" to any other property at any time. e. "Underground ProperiY damage" means "props ttyy damage' b wires, conduits, pi es, mains, sewers, tanks, tunnels, an similar properrfy, and any apparatus used with them beneath the surface of the ground ar water caused by and accurrtng during the use of mechenlcal equipment for the pu see at' grading land, paving, excavating, drilling, borrowing, titling, bank-fifGng or pile driving. CL CG Kit? 2t3 Q'i '1Z Includes copyrighted mgteriai of it<suranGe Serv)cea Page 4 of 4 [?Hies, InavySth its perrniaeion TWIS ENDORSEMENT CF3AlVGES THE POLICY. PLEASE READ IT CAEiEFULLY. ADI~ITlC~l~lA~, lNSUl~E©- QWir~El~S, LESSEES, Ct1NT'RACT®RS rJR t~Tl°!El~S - CQNlPLEi'EQ C~PERATIDNS - AUTON4ATlC, lNC~.IJ~IHlG F'R~iVl,a-Rlf NC.iNoC~NTI~lBUT4RY This endorsement modifies insurance provided under the following: COMMt=RCIAL GENERAL LIABILITY COVEfiAQE PART A. SECTION 11-WHO IS AN INSURED is amended to Include as an additional insured any parson{s) or organization(s) when you are obligated by virtue of a written contract ar agreement that such person be added as an add#tlanal insured to your policy, but only with respect to "bodily Injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: i. Your acts or omssslans; or 2. The acts or omissions of (hose acting on your ISehalf; for that additionai insured and inctuQed in the "products-completed operations hazard". B. LIMITS Qt=1NStJRANCE Limits of insurance for such addltlona3 Insured are the limits In this coverage form or the limits you and such additional insured agreed to by virtue of a contract or agreement, whichever is less. These limits are inclusive of and are not In addition to the Limits Cif insurance shown in the Declarations. C. With respect [o the insurance afforded to these additional insureds, the following additional exclusions apply to "bodily injury", "property damage" ar "personal and advertising injury" arising out af: 1. The rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or bath of the following operations: a. Providing engineering, architectural or surveying services to others in your capacity as an engineer, architectorsurveyor; and b. Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with construction work you perform. 2. Subject to paragraph 3. below, processional services include: a. Preparing, approving, or failing to prepare ar approve maps, shop drawings, opinions, repoRs, surveys, field orders, change orders, or drawings and apeelfications; and b. Supervisory or lnspecttan activities per#ormed as part of any related architectural or engineering activities. 3. t7rofess(onal services do not include services wfihln construction means, methods, techniques, sequences and procedures employed by you or performed by or for the construction manager, i#s employees or its subcontractors in conneoliUn with your products-completed operations. D. PRIMARY NON-GQNTRIBUTORY When required key virtue of a written contract or agreement, coverage provided to any additional insured by ADDITIONAL 1NSU[~ED -OWNERS, LESSElwB, CaNTRACTORS OR OTHEAS COMPLETEp OPEFtAT[ONS - AUTOIUTATIC, tNCLUDINQ PRIMARY NON-CONTAIBLfTORY will be on s primary basis CL CG 2f) 48 01 12 Includes Capyr'sghled malarial of Insurance Services Page 1 Of 1 C+Rlcp, tnc with its permission C Date: 7/30/2013 ~nd: 60 Department: Construction: X Project Name: CITY CtF 1fIlERIDtAN CONTRACT/AGENDA REQUEST CHECKLIST REQUE5TING DEPARTMENT Engineering 3490 GL Account: 96107 Project # 10010 PSA: Ground Water Reservoir and Booster Pump Statign - Project Manager: Clint Worthington Contractor/Consultant/Design Engineer: BudgetAvaElable{AttachReportj; $4,2Mill Department Representative: Task Order: Contractors Northwest / CH2MHILL Contract Amount: $3,991,066.00 Will the project cross fiscal years? Yes X No E-Builder license Yes: x No: Budget information: FY Budget: 2013 /2014 Enhancement #!: 4-Feb Grant#: N/A Other: Type of Grant: N/A CONTRACT CHEGKI.IST BASiS OF AWARD { t Bidder X Highest Rated Master Agreement {Bid ResultsAttachedj_ X {RatingsAttachedj (Category) TypicalAward Yes X No ff no please state circumstances and conclusion: 10 Day Waiting Period Complete: Yes 9/4/13 PW License # C-10327-U-1-3 Current? (attach print out) corporation status (Attach Print outj: Goadstanding Date Award Posted: Yes August 26, 2013 Correcttategory? Yes Insurance Certificates Recelved (Date): September 13, 2013 Rating: A~r Approved by Risk Mgt. 9/13/2043 Payment and Performance Bonds Recelved (Date): September 13, 2013 Rating: A Builders Risk fns. Req'd: Yes No If yes, has policy been purchased? ~.. ~e Submitted to Clerk for Agenda: Approved by Council Issue Purchase Order No. Date Issued: Issue Notice of Award: Date: AGREEMENT FOR INDEPENDENT CONTRACTOR SERViGES (GROUND WATER RESERVOIR #2 AND BOOSTER PUMP STATION ~ CONSTRUCTION) PROd ECT # 10p7 p TH[S AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 17 day of Sern~°m.~(; 2013, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of fdaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Contractors Northwest. Inc, hereinafter referred to as "CONTRACTOR",whose business address is P O Box 6300ti Coeur D`Alene. E17 83816 and whose Public Works Contractor License # is C-1 Q32~~U-1 ~S. INTRODUCTION Whereas, the City has a need for services involving GROUND WATER RESERVOIR #2 AND BOOSTER PUMP STATJON -CONSTRUCTION; and WHEREAS, the Contractor is specialtytrained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual prgm[ses, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of 1t~ork: 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 Wark" 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 A!I documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without [imitation electronic data files, are the property of the Contractor; provided, however, the City sha11 have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and #o authorize others to do so. if any such work is copyrightable, the Contractor may copyright the same, exceptthat, as to any work which is copyrighted by the Contractor, the City reserves aroyalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. GROUND wA-rER RESERVOIR AND BOOSTER PUMP STATION -CONSTRUCTION page 1 of 13 Protect 1 p010 1.3 The Contractor sha0 provide services and wark under this Agreement consisten# with the requirements and standards established by applicable federal, state and city taws, 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 efifect 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 underthis Agreement, Cantractor makes no otherwarranties, 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 Vttark, which the parties hereto sha11 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 Contractarshall laecompensated on aNot-To-Exceed basis as provided in Attachment 8 "Payment Schedule" attached hereto and by reference made a part hereof far the Not~To-Exceed amount ofi $3,991,06fa.00. Funding this project is split between #iscal year 2013 {Qct 12 -Sept. 13) & 2014 rr {Oct. 13 -Sept. 14}, therefore Contractor may not expend more than t` $2,a44,000A0 prior to October 1, 2413. Funding for the Portable Engine Generator {$183,466) is subject #o City Council approving a budget amendment in FY14 {October 2013 -September 2414). If the City Council fails to appropriate funds for the generator, City may issue a deductive change order {-$183,066} to this Agreement and Contractor will relieve City of any further obligation to purchase said generator. 2,2 The Cantractor shall provide the Gity with a monthly statement, as the wark warrants, of fees earned and casts incurred far 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 Cantractor. 2.3 Except as expressly provided in #his 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. GROUNb WATER R~S~RVOIR AND ROOSTER PUMP STATION ~ CONSTRUCTION page 2 of 13 Projec# i 00 f 0 3. Term: 3.1 This agreement shat! become effective upon execution by both parties, and shall expire upon {a} completion of the agreed upon work, or (b} unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fait to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days Pram 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 365 (three hundred sixty-five} calendar days to complete the work as described herein. Contractor shall be liable to the City far any delay beyond this time period in the amount of five hundred dollars ($500.00} per calendar day. Such payment shall be construed to be liquidated damages bythe Contractor in lieu of any claim ordamage because of such delay and not be construed as a penalty. 4~ Terrnlnation: 4.1 lf, 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 ofi the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, ar any other act of misconduc# 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 CITYshalf thereuppn 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 feast sixty {60} days notice to CITY. In the event ofi any termination of this Agreement, afl 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 Natwithstandingfhe above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this C Agreement by CONTRACTOR, and the CITY may withhold any payments to GROUND wATEA RESEFiVOIFi AND 800STER PUMP STATION -CONSTRUCTION page 3 of 13 Project i0U10 CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. fndependent Contractor: 5,t 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 #herefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel ofi the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City, 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. if in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless C1TYfiram and for any and all losses, claims, actions, judgments far damages, or injury to persons or property and losses and expenses and other costs including litigation casts and attorney's fees, arising out of, resulting #ram, 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 follovu: General Liability One Million Dollars ($1,404,404) per incident or occurrence, Automobile Liability lnsurance One Milton Dollars ($1,040,408) per incident or occurrence and Workers' Cornpensa#ion lnsurance, 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 far all such losses, claims, actions, ar judgments far GE~OUNC1 WATER RES~RVOIFt ANt) BoOST~R PUMP STATION - CaNSTRUGTION page 4 of i 3 Project 10010 damages ar injury to persons ar 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 ar attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, ar 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 tent (i ay 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 ail insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, sel#-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 Ta 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 orself-insurance maintained bythe City or the City's elected o#ficers, 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 wham claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages far subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The t'rmits of insurance described herein shall not limit the liabiii#y of the Contractor and Contractor's agents, representatives, employees ar subcontractors. 7. Bonds: Payment and Performance Bands are required on all Public Works improvement Projects per the ISPVIIC 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 far 2 years from the date of the City of Meridian acceptance per the \. GROUND WATER fiE5ERV01R AND SOOSTEFi PUMP STATION -CONSTRUCTION page r of 13 Project 1 p010 lSP1NG and the Meridian Supplemental Specifications & Drawings to the ISPWC and. any modifications, which ~y this reference are made a part hereof. Ail items. found to be defective during a warranty inspection and subsequently corrected will require an additional two {2) year warranty from the date of Gity's acceptance of the corrected work. 9. Notices: Any and all notices .required to be given by either of the parties hereto, .unless oti~erwise stated ih this agreement, shall be in writing and be deemed communicated when mailed in the .United States mail, certified, return receipt requested, addressed as follows: CITY .CONTRACTOR City of Meridian Contractors Northwest, inc Purchasing Manager At#n D Dean Haagenson 33 E Broadway Ave P O Box 6340 Meridian, ID $3642 Coeur d'Alene, !A 83816 208-888-4433 Phone: 208-667-2456 Email: deanCc~contraotorsnorthwest.com Idaho Public 1lVorks License # C-10327-U-1-3 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in fhe 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 its of the Essence: The parties hereto acknowledge and: agree that time "rs strictly of the essence with respect to each and every term, condition ono prevision hereof, rand that the failure to timely perform anyof the obligations hereunder shall constitute a breach of, and a default under, this Agreement by #f~e party so: failing to perform, 12. Assignment: It is expressly agreed arad understand by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer; hypothoca#e-ar sell any of its rights under this Agreement except upon the prior express written consent of CITY., 13. Discrirxrlnation Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of anyfederal, State or focal law, rule or regulation against any person on the. basis of race, color, religion, sex, national origin or ancestry, age or disability. GROUND. WATER RESERVOIR AND BOOSTER DUMP STATIQN - CQNSTRIJCTIoN page 6 of 13 Project 1001 p 14. Repor#s and Information: C 14.1 At such tjmes and jn such farms 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 minimurn of four {4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 15. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available tv the CITY for examination all of CONTRACTOR'S records with respect to all maters 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. 1 fi. Publication, Reproduction ar~d Use otr IVlaterial: 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 1. and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 17. Compliance with haws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. i 8. 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, shaft 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 fang as the remainder of the Agreement is reasonably capable of completion. 20. 1Naiver 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. GROUNR WATER RESERVOIR AND BOOSTER PUMP STATION - GaNSTRUCTION page 7 at 13 Project 10010 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 Agreemen#: This ,4greement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the. execution hereof or contemporaneous herewith. 23. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 24. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY wjll not accept a legend or statement on one (1 }page that all, or substantially all, of the document is exempt from disclosure. The Contractor sha11 indemnify and defend the CITY against a1i liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or far the Contractor's failure to desjgnate 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 CONTRACTORS NO WEST INC /~ BY: /''''mar fiC~ BY: TAMMY de E D, MAYOR o¢SO~~~4~~~~;U,~~~D N HAAG SON, o ~j ~U pa t ~~ I ~ ~ City of , ~- Dated: IDI~r IUAHd Approved by Council: ~ a '~~ 3SEA~ $°~~4e T8Ea GRODUb WATER RESERVOIR AND 8©C3STER PIiMP STA7tON - CONSTRi1CTION page 8 of 13 Project 10010 rr ~ l J YC . HtOLMAN, CITY CLERK Purchasing Approv'ai BY: KEfTH A TS, u1rchasi/ng Manager Dated::. ~ / l 3I 13 Depa nt A a al ~ __ _ WARREN ST ART, Engineering Manager Dated: GROUND WAl"ER RESERVQIR AfdD BOOSTER PUMP STATION - GONS7RUCTi~iJ page ~ of 13 Prplect 1 U010 A#tachment A SCOPE OF WORK REPEL TO INVITATION T4 BID PW-13-10iJ1~ ALL ADDENDUMS, A"I'TACHNiENTS, AND EXHIBITS included in the Incitation to Bid Package # P'W~`l ~-'! Doi 0, are by this reference made a p2~rt hereof. GROUND WATER RESERVOIR AND BOOSTER PUMP STATION - GONSTRUGTION page 10 of ~3 Project 10010 Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensa#ion for this Agreement shall not exceed $3,991,066.00. :...:.::...:.: -: « _ ~~ E t ~ ~ T S SCH ISLE ~V ~. p .. ... T _ -- _ - - _._, . _.....,.~ ........,...... Milestone 1 Final Completion 365 (three hundred sixty five da s - ~ F'RICi1lyla S~I~~~y~.~ y ~' \ _ = F Contract includes fiurnishing all labor, materials, equipment, and incidentals as required for the GROUND WATER RESERVOIR AND BOOSTER PUMP STATION -CONSTRUCTION per IFI3 P1N-13-10010 Total Base Bid ...................~3,808,OOID.00 Total Additive Bid Alternate {Generator} ..... ..............$183,06G.00 C(?NTRACT TC}TAL ....................... $3~991~Q~~.00 CONTRACT IS A NOT TO EXCEED AI~iOUNT. LINE ITEM PRICING BELOW WILL BE USED FOR INVOICE VIwRIFICATION AND ANY ADDITIONAL INCREASES OR D! CREASES iN WORK REQUESTED BY CITY _. _. ..... -~ ._.~ •::;:: - .._.. _ ._.... E t° did ~Gl~.~slq~e;,~ `s '~ ~~` Item No. Descri tion Quantlt Unit Unlt Price t General Requirements 1 LS $zoo,ooo 2 Mobilization /Demobilize#ion 1 LS so,oaa 3 Storm Water Pollution Prevention Control ~ LS ~.o,ooo 4 Excavation 17ewatering 1 t_S 2D,t)pQ ~ Excavation I+ill and Site Gradin 1 LS 363,000 ~ Yard t'i in 1 LS 250,000 7 1 LS Fencin 60,000 GROUND WATER RESEF3VOIR AND BOOSTER PUMP STATION - CONSTRUCT~OfV page 1 i of 13 Project i0o10 8 As halt Pavin 1 LS z1,50o 9 Landsca in and Irri ation 1 LS 5o,oao 10 Other Work 1 LS 100 11 Foundations (including pipe encasements) 1 LS 40,Ogq 12 Steel Tank Fabrication, Delivery, and Erection 1 LS 1,1oo,QOa 13 Piping and Supports 1 LS 25,gg0 14 Tank Painting 1 t_5 350,000 iS Tank Mixer ~ 1 LS 75,000 1 ~ Concrete Overflow and Drain Boxes {outside of reservoir) 1 LS 12,000 ~! 7 Disinfection (reservoir and al! piping on project} 1 LS 800 18 Other Work i LS 100 19 Concrete Foundations, Slabs, Pads, etc. 1 LS 95,15q 20 Masonry Walls 1 LS aa,ooo 21 Metal Fabrications, Grating, etc. 1 LS 3,000 22 Woad Roof Trusses and Sheatf~ing 1 LS 11,ooa 23 Inferior Wa[Is and Wall Coverings 1 LS 1o,ogo 24 Thermal and Moisture Protection 1 LS 4,000 25 Doors and LDuvets 1 LS ~o,oaq 26 Painting and Finishes 1 LS 7,500 27 Sfgnage and Safety Equipment 1 LS 6Sq 28 Plumbing 1 LS -- _ 50,000 GROUND WATER €iESERVOIR AND BOOSTER PUMP STATION -CONSTRUCTION page 12 of 13 Project t0010 29 1~VAC 1 LS 36,000 30 Process Piping, Supporks, Valves, Meters, and Operators ~ LS 1.60,000 3`I Vertical Turbine Pumps i LS z9o,oo0 32 Sodium Hypoehlarite Generation System (Insta[lat`son) ~ LS 12,000 33 pressure Tanks 1 LS 55,000 34 Other Work 1 LS I00 35 Site E[ectricak i LS zo,o0o 36 Reservoir Elec#rical I Instrumentation & Controls ~ LS 49,000 37 Booster Pump Station Electrical i LS 27s,ooa 38 Booster Pump Station instrumentation & Controls t LS 44,000 39 Other Work i L5 . 100 Al Portable Engine Generator 1 LS 1ss,os6 Travel expenses, if applicable, wilt be paid at no more than the City of nlleridian's Travel and Expense l~eimb~rsement Policy. GROUNf? WATER RESERVOIR AND BOOSTER faUMA STATION -CONSTRUCTION page 13 of 13 ProjectiQQ10 EXHIBIT 1 r" CONSTRUCTION DOCUMENTS l GROUND RESERVOIR #2 AND 8O0STER PUMP STATI(7N CITY OF MERiDiAN, IDAHO ADDENDA INDE~t Addendum No. 1 -- Addendum No. 2 - Addendum No. 3 - August 13, 2013 August 76, 2013 August 19, 2Q13 DRAWINGS -DATED JUNE 94.2013 G001 Index to Drawings ~ Location Map G002 Civil Legend and Notes G003 Architectural, Life Safety Plan, Code Dafa, and Legends Gp04 Structural Notes G005 Structural Notes and Abbreviations G006 S#atement of Special Inspections G007 Statement of Special Inspections G008 Statement of Special Inspections G009 Mechanical Legend G010 Electrical Legend G011 instrumentation Legend CIVIL C100 Existing Site Conditions Pian and SWPPP C101 Site Location and Grading Pfan C102 Yard Piping Plan C301 Site Details C302 Sife Details LANDSCAPE L101 Pfan L102 Landscapelrrigatian Pfan L301 Notes & Details L302 Irrigation Details STRUCTURAL 5101 Reservoir Foundation Plan S102 Reservoir Roof and Enlarged Piping Pions 5201 Reservoir Sections and Details 5202 Reservoir Pipe Encasement Sections 5301 Reservoir Details S302 Reservoir Details S303 Reservoir betails 5304 Resenrair Details ARCHITEG7URAL15TRUCTURAI;, AS101 Pump Station Floor and Raof E'raming Plans AS201 Pump Station Roof Plan, Elevations, and Doar Schedule AS202 Pump Station Enlarged Elevations and Finish Schedules AS203 Pump Station Sections and Details AS8Q1 Pump Sta#ian Details AS302 Pump Station Details j AS303 Pump Station Details l AS3D4 Pump Station Details MECHANICAL M101 Pump Statian Piping Plan M1D2 Pump Statian HVAC and Plumbing Plan M201 Pump Statian Sections M2D2 Pump Statian Sections M301 Pump Statian Details M302 Pump Station Enlarged Plan and Details M401 Pump S#ation HVAG Schedules ELECTRICAL E001 One~line Diagram E101 Bite Plan E102 Pump Station Power Plan E103 Pump Station Facility Plan E201 Control diagrams E301 Details E401 Schedules INSTRUMENTATION 8 CONTROLS N501 P&1D Reservoir and Boaster Pump S#ation N502 PAID Hypachlorite Generator System N503 Details SPEGIFICATIONS VQLUMNE 7 -DATED JUNE 2Q, 203 Division 01 Gsneral Requirements Division D2 Existing Conditions (not used) Division D3 Concrete Division 04 Masonry Division 05 Metals Division 06 Wood, Plastics, and Composites Division D7 Thermal and Moisture Protection Division 08 Openings Division 09 Finishes Division 1D Specialities Division 11 Equipment (not used) Division 12 Furnishings (not used) Division 13 Spacial Construction (not used) Division 14 Conveying Equipment (not used} Division 15 {not used) Division 16 (not used) Division 17 (not used) Division 18 (not used) Division 19 (not used) Division ~0 (not used) Division 21 Fire Suppression {not used) Division 22 Plumbing VOLUIItIE 2 - DIVISION 23 THROUGH DIVISION 44 -DATED JUNE 2l}, 2013 Division 23 Heating, Ventilating, and Air-Conditioning {HVAC) Division 24 (not used) Division 25 integrated Automation (not used} Division 26 Electrical Division 27 Communications {not used) Division 28 Electronic Safety and Security (not used} Division 29 (not used) Division 3Q {not used) bivisian 3t Earthwork Division 32 Exterior Improvements Division 33 Utilities Division 34 Transportation {not used) Division 35 Waterway and Marine Construction {not used) Division 3fi (not used) Division 37 {not used} Division 38 {not used) Division 39 {not used) Division 40 Process Integration Division 4'l Material Processing and Handling Equipment (not used) Division 42 Process Heating, Cooing, and Drying Equipment (not used) Division 43 Process Gas and Liquid Handling, Purification,and Storage Equipment (not used) Division 44 Pollution Control Equipment Division 4~ Industry-Specific Manufacturing Equipment (not used) Division 46 (not used} Division 47 (not used} Meridian City Council Meeting DATE: September 24, 2013 ITEM NUMBER: 5K ~ PROJECT NUMBER: ITEM TITLE: Approval of Task Order 10418-D for professional design services for "Well 19 Water Treafinent Facility" to JUB Engineers, Inc. in fhe Not-To-Exceed amount of $215,170.00. MEETING NOTES r~/ APP80VE~ Community Item/Presentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Date: 9/7,6/2013 . ,.nd: 60 Department: Cflnstruction: Project Name: PSA: 96319 Protect # 1047.8~D Task Order: X 1NELL 7,9 WAT1=R TREATMENT FACILITY Project Manager: Clint Worthington Department Representative: N/A Contractor/Consultant/Design fingineer: None JJUS Engineers, inc. 13udgetAvatiable (Attach Report}: $600,000.00 ContractAmount: $215,170.00 Will the project cross fiscal years2 Yes No X Budgetlnformation: FY Budget: 203.4 Enhancement#: 15 Grant#: Other: Type of Grant: ~- CONTRACT CHECKLIST BASI$ OF AWARD r Bidder Highest Rated I,/IasterAgreement x {Bid Results Attached} (Ratings Attached} (Category} 1D 'typical Award ves No If no please state circumstances and conclusion: 10 Day Waiting Period Complete: n/a FW LlCense #! n/a Current? (attach print out) Corporation Status (Attach Print Out}: GOOD$TANDING Insurance Certificates Received {Date}: Payment and Performance Bonds Received (Date}: Builders Ris[t ins. Req'd: Yes No X Date Award Posted: n/a r1Ja Correct Category? n/a Rating: n/a Rating: n/a Ef yes, has policy been purchased? n/a [/ ~ ~ ~ ... 1~_ .~ Submitted to Clerk for Agenda: September 15, 2013 Approved by Council Issue Purchase Order No. Date Issued: Issue Notice of Award: Date: CITY OF MERlDtAN CONTRACT/AGEfVDA REQUEST CHECKLIST REQUESTING DEPARTMENT ENGINEERING, - Water 3490 GL Account: I.1 • To: Jaycee ~.. Ho[man, City Cierk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Kyle Radek ba#ef: 9/16/13 iFte; September 24 City Counci! Meeting Agenda item The Purchasing Department respectfully requests that the following item be placed on the September 24,f, City Council Consent Agenda for Council's consideration. .00. This Task Order is is issued in conjunction with the Master Agreement dated December 6, 2011. Recommended Counci! Action: Approval of Task Order 14418-D for the Not- 7o-Exceed amoun# of $215,170.Qd. Thank you for your consideration. • Page 1 ~yi~E IDIAN~- ~ Public IDAHO Works Department TO: Keith 'Watts FROlVI: Kyle Radek BATE: Septernber 11, 2013 Mayor Tammy cte Weerd City Caunai}I Mettttserle Keith Bird Brad Hoaglun Charles Rountree David zarem6a SUB3ECT: PRO3ECT INFORMATION: WELL 19 WATER TREATMENT FACILIT''lt'' I. DEPARTMENT CONTACT PERSONS Kyle Radek, Assist City Engineer 489-0343 \ Warren Stewart, PW Engineering Manager 489-0350 \ Tom Barry, Director of Public Works 489-032 II. DESCRIPTION A. Background This project was initiated to mitigate brown water in the water system. by improving the water quality supplied by Well 19. When adequate chlorine residuals are provided for disinfection in the distribution system, Iron and Manganese precipitate into the supply water resulting in brown or black water coloration. Although there are no ln~own health threats from these elements, they can cause staining on plumbing f xtt~res, laundry and cause unpleasant taste and smell. The primally purpose and justification for this project is to improve customer satisfaction by reducing water quality issues created by Iron and Manganese precipitation in our water supply. The project consists of constructing an Iron and Manganese Filter to remove excess levels of the constituents from supply water before entering the distribution system. B. Proposed Proiect The proposed project will be the FY 2014 portion of the design and equipment procurement for an Iron and Manganese Treatment Facility at Well 19. The PRge ,i of.2 remaining design wank and construction will take place in FY 2015 and will be included in the FY 2015 budget. III. IMPACT A. Spate is Im acct: This project suppoz'ts the Public Wanks Mission and Vision for enhancing and protecting water quality. B. Seiyice/Deliyery Impact: This project will improve the water quality delivered to our customers and allow us to rYZaintain stable disinfectant residuals throughout the water system.. C. Fiscallm_pact: FY 14 Project Costs 't7Ve11 19 Treatment Design $215,170 FY 14 ProXect Funding 'Nell 19 Water Treatrrtent {60-3490-96119) $600,000 IV. TIME CONSTRAINTS Council appro~-al will allow this project, to begin the design portion of the tree#rrtent facility and allow us to stay an schedule for the cazxzpletion of construction by the end of FY 2015. Approved for Council Agenda: ~ ~ ~~"` ~' ate Page 2 of Z TASK ORQER NO. JUB1U418-D Pursuant tQ the MASTER AGREEMENT 1=OR PROFESSIONAL SERVICES BETU1tEEN CITY OF MERfINAN {OWNER} AND JUB ENGINEEf,~S, INC (ENGINEER) This Task Order is made this day of , 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", and accepted by JUB ENGINEERSLINCI. hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement {Category 7 d) between the above mentioned parties dated December 6, 2011. The Project Name for this Task Order JU810418-D is as follows: CITY OF MERIDIAN VIIELL 19 tiltfATER TREATMENT FACILITY PROJECT UNDERSTANbING The City of Meridian (City) domestic water system experiences water quality issues related to the precipitation of iron and manganese from groundwater resulting in brawn water events, reduced chlorine reSidu~ls, extended system flushing, and customer complaints. The City conducted a pilot study in September 2011 to evaluate the feasibility of various water treatment options. The purpose of this project is to investigate feasible treatment options and implement the preferred water treatment technology at We11 191ocated an the southeast corner of the Ustick Road and W. Niemann ^rive intersection. The City intends to construct a greensand {or similar technology) system far their approximately 1,70D gallon per minute (Of M} Vllell 19. The project will consist of: (1) Establishing iron and manganese removal criteria at Well 19. {2) Completing final design and preparing specifications for the procurement of an iron and manganese removal system from an equipment supplier using a competitive procurement process. (3) Completing final design and preparing a construction document package for City's use In obtaining bids far the construction and installation of the previously procured equipment. ( Task Order JUB10ai $~D WELL 18 WATEF~ TREATMENT FACILITY Page 1 0} 15 JUB !~N(31Ni:ER3, INC Major Tas[cs J,U~B EN€aINEERS, Inc, {J-U-B) wiN perform the fallowing tasks an the iron and manganese removal protect at Weil 19: Task 1 -Protect Management and Administration Task 2 - Pilot Test (scope provided -necessity to complete to be determined later} Task 3 -Entitlements {if necessary) Task 4 ~ Iron end Manganese Removal Equipment Procurement Package Task 5 --Bidding Assistance -Equipment Procurement Task 6 -Survey and Mapping Task 7 -Preliminary Engineering Report Task $ ~ Final Design for 90°l° and 100% Submittal Task 9 -Bidding Assistance -Construction of the Water Treatment Facility Task 10 - Programming and Startup Assistance Task 11 -Agency Coordination, Meetings and Permitting OWNER INFORMATION. RESPONSIBILITIES and PROJECT ASSUMPTIONS Project Scoping Assumptions 1. The City will provide to J-U-B the following far Wed i 9: a. updated water quality information for Well 19 and results obtained from the September 201 i Pilot Testing_ b, record drawings for Well 19, including the welt construction log and the pump station. e. pump curve and pump setting information far the well pump as currently installed. d. historical geatechnical reports and/or drilling logs for the Weli 1g, as available. e. a legal description for the existing Well 19 lat. f. site access for J-U-B to locate equipment and personnel at 1Nell 19 to perform the pilot test. The City wilt also provide power {110 VAC) for injection equipment and lighting. g. provide SCADA I/~ standards and guidance to J-U-Bon the requirements of the instrumentation and controls arld SCADA systems for the project. h. Standard City P1wC specifications for incorporation into tfle project. 2. The City will provide the fallowing during any bidding ar procurement process: a. a!1 bidding and contract documents including, but not limited io, advertisement for bids, bid forms, contactslagreements, condition of the contract, award, bonding and insurance requirements. b. incorporate J-U-B's technical specifications and drawings into Bidding and Contract Documents using the City's contracting boiler plate to bid procurement of the treatment equipment. Mask Ordsr JUBi0418•h WALL 19 WA7EFi TREATMENT FACILITY Page 2 of 15 JLIB ENGINEERS, INC c. provide all administration to bid and procure the iron and manganese removal water treatment equipment. d. incorporate J-U-B's technical specifications and drawings into Bidding and Contract Document using the City's contracting bailer plate to bid the construction and startup of the water treatment facility. e. the .City will distribute the Bidding and Contract Documents for the construction of the iron and manganese removal water Treatment facility. f. following a review of the bids received for the construction of the water treatment facility, the City will award and execute a contract with the successful bidder. 3. The Gity wail: a. provide on-going review of J-U-l3's work and timely consideration of design Issues within a time acceptable to the City and J-U-B, b. pay far all permits and fees needed for the project. c. provide project manager to serve as a liaison with other City departments and divisions to facilitate the project reviews and approval process. 4. J-U-B wilt; a. Utilize E-Builder for transmission of project documents Including invoicing, reports, any electronic plan submittals, and construction submittal review. Engineer is responsible forpurchase of E-Builder license and maintenance of that license through the duration of the Project. ~, b. provide pilot testing equipment, chemical feed equipment, and field analytical equipment for the pilot test period. Pilot testing wil! Include cafumns for bath greensand and adsorptive (manganese dioxide). 5. Assumptions: a. The bidding of the iron and manganese removal water treatment equipment will be open to both greensand and adsorptive types of water treatment systems that meet specified performance requirements. b. The wastewater from the facility will be discharged to the existing sanitary sewer main in Ustfak Road ar the west of the well lot in VV. Niemann Drive. There will be no backwash storage tank. It is assumed that one of the existing sanitary sewer mains has adequate capacity to receive and convey the equipment backwash water. This will be verified in Task 7 by .IUB. c. Space is available In Well t 9 to house the chemical feed facilities far the new treatment process and that large external storage tanks will not ice required. d. Space is available on the existing lot for on-site stormwater disposal, e. It is assumed #hat a fire suppression (sprinkler) system will not be required. f, The existing electrical service to the site is capable of accepting the electrical loads associated with the demands for this new equipment, building, and associated appurtenances. An evaluation to verify this assumption is included in Task 7. g. A SWPPP plan wilt not be required. Task Order JUB104i8-D WELL i9 WATER TR~A'rMENT FACILITY Page3 of 15 JUB ENGINEERS, 1NC h. One meeting will be held between the City and J-U-B's electrical/instrumentationicontrol subconsultant during design phase. i. The filter panel, programming and startup will be provided by the manufacturer. 6. Construction Services a. Services during construction of the water treatment facility are not included In this Scope of Work, A separate scope of work and associated budget will be prepared after the bidding of the construction of the water treatment facility. scoP~ o~ ~roR~ Task ~ : Pro~e~t Management and Administration JUB will provide the overall project planning, management, scheduling, coordination of efforts and the day~to~day administrative tasks required far this Task Order. Progress Reports The project is assumed to require eight months for the water treatment equipment procurement and design of the water treatment facility. J-U..g wil! prepare written monthly progress reports. The reports will include the fallowing items: • A written description of the progress of the work accomplished to date. • A summary of project issues and concerns that need to be resolved. • A summary of changes in contract amount or time (if applicable}. Monthly invoices far work completed. peliverables for this Task • Monthly progress reports and detailed invoices TASNC 2: Pilot Test J-U-B will perform a pilot test at Well ig for up to flue (5) days to determine the recommended conditions for iron and manganese removal. Because tt~e Well 19 water chemistry may change after potential rehabiiitatian or screening changes, and results from the City's current Wep 2'I Filtration Project may influence the need for ar the types of pilot testing for Well t 9, this scope may change. Scope of Work and/or task order cost revisions may be required at that time. Processes currently expected to be tested Include: • Adsorptive Iron and manganese removal with manganese dioxide media • Manganese greensand fUtration The pilot test wiU consist of double column testing, one far each process, at varying leading rates to establish fitter performance criteria. Field tests on the raw water and filter effluent ors expected to include the following: Task Order JUBtQ41 B-Q wELL i 9 WATER'rRt=A7MEN7 FACILi7Y Page 4 of ~5 JUS ~NC3INEERS, INC Iron, Total 60 minutes Ammonia 'rwloe Qail H dro en Sulfide Dail Chlorine Solulion Strert th t7all or more fre uentl if necessar Alkalinit Dall W 60 minutes ar continuous Free Chlorine Residual 64 minutes or continuous J-U-B will coordinate with the City #a determine desired free chlorine residual after filter and monitor dosing to achieve !t to the extent possible. J-U-B wiN assist the City in conducting a taste test of the water produced during various pilot test setups. Report Data produced from the pilot testing will tae analyzed to determine the efficacy and efficiency of the tested filter media for Iran and manganese removal at varying loading rates, The analysis will also estimate required chlorine dose, J-U-B will prepare a draft WeU 19 Pilot Study Report containing the results of the pilot test and analysis. The report will Include an evaluation of the tested media and treatment processes for full scale use at Welt # 9 and will serve as a basis of design. After meeting with the City to review the draft report, J-U-B will prepare a final Well 19 Pilot Study Report lncorporating pertinent revisions. Although likely not required by IDEA, the final report wilt be provided to fDEQ as an attachment to the Preliminary Engineering Report (Task 7}. Deliverables for thfs Taste + Draft and final Well 19 Pilot Study Report TASK 3: Entitlements J-U-B will assist the City in obtaining a certificate of zoning compliance. If the pre#erred layout of new facilities does not meet setback or other dimensional requirements, J-U-B will assist the City in obtaining a variance, J-U-B will specifically provide the following: + Certifica#e of Zoning Compliance - J-U-B wilt prepare submittal package per Planning Department requirements far obtaining a certificate of zoning compl[ance. • Neighborhood Meeting - iF authorized by the Gity, J-U->3 will provide public involvement services that may include mailers, door hangers, or limited door-to-door visits, Anot-to-exceed amount of $1,22- is included in the overall compensation amount of Taslc 3 for this item. • Variance Application - If required by the final design layout, J-U-B will prepare the variance application for submittal to the City of Meridian Community and Developrrlent Services (CDS}. This will Include one (1} pre-application meeting with the City CDS staff. TASK 4: Iron and Manganese Removal Equipment Procurement Package J-U-B will prepare technical specifications to solicit olds for water treatment equipment for the Well f 9 treatment project through a competitive bidding process. ( Task Order dUBiQ418,D WELL 19 WATER TREATMENT FACELITY Page b of f5 JUB I;NGIiVEE#~3, ING J-U-B will prepare draft performance specifications far the preferred equipment and review it with fhe City Ina 1Norkshop. It is anticipated that the specifications will likely include: • A range of expected well water quality. • The results of the Well ~ 9 pilot testing (if conducted). • Well production and pressure Information. • Equipment performance requirements for removal of iron and manganese and other pertinent parameters. • Requirements for identifying and defining treatment system operational and maintenance costs. - • Limitations an backwash flow and volume that are allowed. • Requirements for a guaranty of treatment performance. • Penalties far not meeting the treatment guaranty. • Requirements for submittals, training, startup, and operations and maintenance manuals. Deliverables for this Task • Draft and final technical performance specification for treatment equipment in electronic (PDF & word) format. Task 5: Equipment Procurement Assistance J-U-B will assist the City during the procurement process of the water treatment equipment C in responding to technical questions from prospective bidders. J-U-B will assist the City's evaluation and selection of the proposed treatment equipment following the receipt of bids through the competitive bidding process. !t is anticipated that the technical information to evaluate will likely include; • Bidders' qualifications • General product information • General layout drawings • Product performance lnfiormation • treatment system operational and maintenance casts • Example project Installations • References The City will administer the equipment procurement process. J-U-swill assist the Clty in responding to technical questions that the City is unable to answer thraugl~ the review of the Contract Documents. Anot-to-exceed amount of $3,894, based ort an aggregate total of thirty (34) hours, is listed for this task in the compensation schedule, Deliverables far this Task • Written responses to technical questions. • Technical evaluation of treatment equipment submittals and concurrence of City's recommendation of award of procurement contract. Task Order JU81ia418-~ Vlrf;Ll.1 B WATER TREATMENT FACfLITY Page 6 a~ 15 JUB ENGlNEEHS, !NC Task 6: Survey and Mapping J-U-B wilt pravide topagraphtcal survey and prepare base mapping for the design of the water treatment facility at the existing well site and for the drain fine outfali alignment to existing sanitary sewer main in Ustick Road or the west of the well lot in VII. Niemann Drive. tt is anticipated that the effort will include: Research and Utility Request: Research available land monuments, plats, records of survey, right-of-ways, and recorded easements on the project site. Contact utllity companies prior to survey via Dig-line to request field locations of utilities and available utility mapping. Utilities will be shown to the extent they are visible in the field, ar located by the utility or Qwner. !t Is assumed that the City will pravide Title Reports for all properties that wit! be encroached upon by the proposed project. Survey Control: Establish survey control at the site and along the outfali line alignment using: horizontal coordinate system, NPID 1983 translated to the Ada County G.I.S. system, and vertical control based on NAVD 1988. Right-of-ways (ROW`S} will loe established and shown on the base map using Ada County G.1.5. data. Any land monuments will be located and shown where found from visual observations during the field survey. Well lot lines will be developed Pram field measurements and recorded pla# Information. TBM`s: Establish temporary construction benchmarks (T.B.M.'s) at two locations on the well lot. Topographic Survey: Complete topographic survey as previously described herein. Far the purposes of this scope and fee propasa[, it is assumed that survey will include existing observable features such as building corners, sidewalks, fences, edge of roadways, power poses, and utllity boxes, found property loins, and structures. Existing utilities shalt be located to the extent that they are visibly marked by the utility companies. Base Mapping: Prepare topographic mapping in Civil 3D 2D11 at a 1" = 20' scale, 11 "x1 ~". Topographic features will be depleted using accepted J-U-B standard symbols. Topographic features will be shown on the design plans to the extent that they are found or field located by the utllity companies, such as fences, utility poles, surfacing, utilities, edge of pavement, face of curb, sidewalks, striped roadway centerline, guard rails, signal poles, signs, mall boxes, face of retaining walls, telephone risers, large trees, and include monuments of record and physical survey of monuments and property pins that are found. Provide locations (X & Y coordinates) and elevation of local temporary benchmarks to be used on Project. Property lines will be shown based on Ada County G.I.S. mapping. Contours at one- half foot (1I2') intervals wil! be generated. Roadway will be cross-sectioned at 5tl' intervals on centerline, edge of pavement, gutter, top of curb and natural ground near ROW. Deliiverabfes for this Task + Base mapping pdf with 0.5-foot contours intervals of the project site, including the drain line outfali to the existing sanitary sewer. Task Order JUB10418-D WELL 19 WATER 7REA7MENT FAGfI.ITY Page 7 of ib JUf3 ENQINEERS, iNC Task 7: preliminary t_ngineering Report J-U-13 will prepare a preliminary engineering report (PERy far the facility In compliance with IDEQ rules IDAPA 5$.01.08, Section 503. A conceptual design based on the City-selected equipment in Task 3 will be developed in a workshop approach with the City. The single workshop will address; • Building and equipment layout and equipment selection • New building versus building expansion evaluation Site layout • 30°l° design drawings: o Title Sheet o Slte Civil Plan o Design Criteria o P&ID 0 Building l.ayaut & Concept f=loor Plan o Building Elevation • Verification of capacity in adjacent sanitary sewer to receive backwash • Operation and maintenance considerations Electrical standby power evaluation The results of the workshop will be developed into a PER for City and IDEQ approval. The PER wil! identify design criteria, site constraints, code requirements, permitting and entitlement requirements, a list of equipment to be provided in the facility along with their electrical requirements, and a description of the operation, maintenance, and control of the facility. A geotechnical report for use in footing/four~datian and stormwater facility design will be completed and included in the PER. A general building and equipment Payout plan will be included. A conceptual level cost estimate will also be provided in the PER. Six ~6~ copies of the PER will be submitted to the City for initial review. Following the City's review, the report will b~ updated and provided to the Clty for submission to the IDEQ as the Preliminary Engineering Report for approval. J-U-B will incorporate applicable IDEQ comments and publish a final PER to IDEQ and the City. Deliverables for this Task Draft PER for City Review • Final Draft PER for IDEQ Review • Final PER far City and IDEQ Approval Task 8: Design (50°/Q, 90% and 'f 00°l° Submittals) J-U-B will prepare civil, mechanical, electrical, architectural and structural design and prepare plans and specifications far the construction of a treatment facility for iron and manganese removal at Well 19 at a design flow. The facilities included in the design will be as described in the PER from Task 7. Design elements wiN include the following: Task order JUBiQ418-D 1l~lELL 19 WATER TREATMENT FACILITY Page 8 of 18 JUB ENGINEERS, I[VC 1. Iron and manganese removal equipment including filters, media, backwash controller, baakwash flow meter, backwash flow control, pressure relief valve, piping, and other related appurtenances. ~. Blectrical power and controls for the new treatment and buiiding equipment 3. The existing building wail be evaluated far expansion {wood framed} or demolition of the existing building and construction of a new CMU building in Task 7. If the existing buiidiing is expanded, architectural and structural design elements will tae in the same style as tine existing building. if Task 7 determines that building expansion is not feasible or desirable to the City, a new CMU building will be designed. 4. Lighting, heating, and ventilation for the new buiiding. Lfghting is assumed to be industrial, chemically resistant fluorescent lighting. Heating is assumed to be cafling- mounted industrial electrical space heaters. Ventilation will be pravfded by wail and Ceiling Vents. 5. On-site yard piping improvements needed for the new treatment equipment, 6. Drain line to the existing sanitary sewer main. A prelirnlnary list of expected design drawings fs attached {Attaohrnent A~. Drawings and specifications will be submitted to the City for review and approval at 50%, 94% and 104% completion. Up to six {6) hard copies of the 50% and 90°I° submittals will be provided to the City, and six (6) sets of the 100% submittal, pies an electronic copy of the 100% submittal, will be provided to the City. The City will submit Tina! drawings and specifications to the 1DEQ for review and approval. An engineer`s opinion cf probable construction cost will be updated and submitted with the 90°1° documents. The City may require up to five days for review of the 90% submittal and the State wiU require up to 34 days far review of the 140% submittal. Sub#ask S.•1; at3°t° Deslan J~U~B wilt develop preifminary design plans based an the approved PBR. The preliminary design plans will include a site plan, building floor plan, piping and equipment plan, building elevations, and preliminary electrical and control plan. The 50°!° design package will include preliminary tQChnical specifications (not including architectural, mechanical or electrical) and a preliminary Opinion of Probable construction Cost. Provide 50% plans to Cify far initial review. Deliverables: • a0% Complete preliminary design Plans, six (S) copies at scale T8D to City. Preliminary Opinion of Probable Construction Cost, Subtask 8.2: 90°lo A enc Review Deli n Plans and S eoiflcations J-U-B will finalize design of structures, equipment, maJor plant pfp[ng, process, site plan to allow final detailing of the same during the 100% design activities. Specific activities, and work products from 9©% design including the following: Task Order JUgio4i&b Wf=LL 19 WATER TREATMENT FACILITY Page 5 of 15 J1J8 ENGIfJEERS, INC 1ProJect Management • Conduct constructability review • Conduct operability review • Update engineer's opinion of probable construction cost • Coordination with treatment equipment vendor Civil • Finalize building and major site element horizontal locations. • Finalize f(oorlcontroi levels and finished grades. • Define contractor staging, storage, and off-site access corridors. • Prepare site grading, drainage, landscape and Temporary Erosion Sediment Control plans • Prepare yard piping and drain layouts. Prepare access road revisions to building. • Prepare technical specifications. • Senior staff wilt complete an internal QC review. • Erosion and sediment control plan, if required by the City. Architectural • Finalize building floor plan and elevations for building. • Finalize the structural design concepts €ar the building. • Review applicable codes far the building with city Building, Plumbing, and Electrical t Offlcials and the Fire Marshal. Complete building and fire code analysis. • Prepare technical specifications. • Senior staff will complete an internal QC review. Structural • Complete structl~ral design far new building and selection of materials of construction. • Prepare framing plan far building. • Prepare final floor plan far building. • Prepare technical specifications, • Senior staff wiN complete an internal QC review. Process • Final major equipment sizing calculations. • Coordinate with instrumentation and control system {l~CS) on completion of P&!b's. • Seniors#afF will complete an Internal QC review, Mechanical • Calculate the hydraulic profile for all major gravity process pipelines and hydraulic structures. Establish maximum and minimum water surface elevations for all process tanks. • Coordinate with architectural and structural team on preparation of building layout Task Order JUB10A18-D WELL 19 WATE~I TFIEATMENT FACILITY Page 10 of 15 JUB ENdINEERS,INC • Assemble catalog cuts for all major process equipment. Complete equipment data sheets or equipment list an al! major equipment items. Coordinate with 1&CS in the finalization of P&ID's. • 1=lnallze ancillary equipment sizing and line sizing calculations (chemical storage, feed and delivery systems, etc,}. • Flnai equipment selection (type, size, weight, and arrangement}. • Finalize selection of piping materials. • Prepare technical specifications. • Senior staff will complete an internal QG review. HVACtPlumbing • Energy Compliance documents far the mechanical systems. • Prepare mechanical specifications as required. • HVAC load calculations and sizing of n,sw HVAC systems as required. • Ductwork sizing and layout. • Assist in obtaining approval of mechanical/plumbing documents from reviewing agencies. • Subconsultant wiU coordinate with J-U-B and other subconsultants on applicable items for City's SGADA integration. • Subconsultant will assist J-U.g In obtaining approval of mechanical documents from reviewing agencies. lnstrumentatlon and Control • Design to upgrade control system to current City standard. • Develop P8~ID. Develop design pac!<age to replace the existing control panel and reconnect existing Instrumentation to the new control panel. • Develop control panel drawings suitable far UL construction. • Prepare instrumentation and control specifications as required, • Subconsultant will coordinate with J-U-B and other subconsultants on applicable items. • Subconsultant will assist J-U-13 in obtaining approval of ins#rumentation and Cantral documents from reviewing agencies. electrical • Service lead and standby power calculations. • Site lighting. • Interior lighting. • Power distribution. • Energy compliance documents for lighting systems. • Prepare electrical specifications. • Subconsultant will coordinate with J-U-B and other subconsultants on applicable ltemS. • Subconsultant will assist J-U-B in obtaining apprava! ofi electrical documents from reviewing agencies. Task Order JUBi04f8-D WElL 19 WATT=R TREATMPNT FACILITY Page ii or i5 JU9 £NGlN~BHS, INC Quality Control J-U_g and subconsultants will perform quality control ~QC} reviews of by a senior engineer to provide an Independent review of the 90°!° design prior to submittal to City. 90°!o Dea(gn Workshop J-U-B will conduct a design workshop to review the work products with the City's personnel and other key project staff. Workshop minutes, including the City's comments will be prepared and distributed to attendees. J-U-B will implement C1ty and agency review comments from the 90°!a review as warranted. Completion of the final design will include plans, technical specifications, bid schedule and the Engineer's Opinion of Probable Construction Cost. These items wilt be submitted to the City for bidding purposes. Subtask 8.3__yt?D°!° Contract Document Preparation JUB will complete final technical contract drawings and specifications for campetl#ive bidding, Key activities during this phase will Include: Design Management • Conduct final reviews and incorporate 90% design review comments. Contract Document Completion • Prepare final construction drawings. • Prepare final technical speclfloatlons. 1 Prepare final calculations. • Complete final checking and coordination review, agency permitting compliance reviews. Incorporation of Final Reviiew Comments J-U-B will modify the contract documents to reflect all agreed upon 90% review comments from the City, IDEA, ACRD and J-U-B's quality control review. The final documents will then ba provided to the City for submission to the 1DEQ for review and approval. These plans will be incorporated In#o the building permit package in Task 1 Q. Task 9: Bidding Assistance -Water Treatment Facility J-U-B will assist the City during the bidding process for the construction of the new water treatment facility in responding to technical questions from prospective bidders. TFte City wll! facilitate the bidding process. J-U_g will assist the Gity in responding to technical questions that the City is unable #o answer through review of the Contract Documents for City's use in preparation of addenda. A total not-to-exceed amount of $8,1 fi5, based on an aggregate of seventy-four {74} hours, including subconsultants, Is listed in the Compensation Schedule con#ained herein. Deliverables for tiZfs Task • Written responses to technical questions submitted during the bidding 7askOrderJUB7o4~8-D WELL i9WATEFiTREAThAENTEAGLITY P~gef2o~i5 JUB ENGINEERS, INC Task `i0: Programming and Startup Assistance J-U-B will, via theft subconsu[tant, assist the Gity with programming and startup senrfces. These services are: • Well 19 o Program the RL.G and HMl to meet current City requirements; o Verify aH VO points are connected and configured properly; o >`unctional test of the control system to ensure proper operation; o Coordinate well operation with filter operation. SCADA Water Master o Configure communications to the V1rel1 t 9 site; o Add additional displays to the Wonderware application to display filter status; o Add additional tags as required to trend f[fter operation; a Add filter alarms to existing alarm software; o Functional test of ail remote control and alarm notifications. Task 17 ; Agency Coordination and Permitting J-U-B will assist the City with agency approval process, J-U-B shall submit the plans, on behalf of the City, specifically limited to the follow[ng: • DEQ Plan Approval. Complete the DFQ Checklist and submit copies of the design for review. J-U-B shall make required changes to the plans and specifications based on their review. • Ada County Highway District Plan Approval. Submit copies of the design the ACHD for review and approval of the off-site sewer line. * City of Meridian Building Permit. Complete the Building Permit application and submit copies of the design far review. J-U-B wilt meet with thQ Building Department to discuss their review of the plans, if necessary. Required comments will be Integrated into the plans and resubmitted for review and approval. This process is estimated to take one (1 ~ month. This excludes revisions that require modification to the base design. Construction Phase Services Services during construction of the water treatment facility are not included in this scope of work, J-U-B will submit a separate scope and budget far these services prior to the start of construction activities. 'task Order JU610418-p WELL 19 WATER TREATMENT FAGIUTY Page 13 of ib dU6 ENGINEERS, WG TIME OF COMpLET14N and C~MPENS~T~QN SCHEQUL,E The following schedule is based an a Notice to Proceed {NTP} from the City on or about October #, 2013 and resfaltirsg in Final Design being completed by May 2013. A NTP issued on a different date will change the schedule accordingly. NOTE: FYi4 Funding This task Order is subject to the appropriation of funds for such purpose by the City Council In the 2014 Annual Budget which is scheduled to be approved August 27, 20~ 3. If funds to effec# such payment are not appropriated, CITY may terminate this Task order as thereby affected and Gantraetor wiii relieve CITY of any further obligation, NO WORi~ MAY PROCEED UNDER THIS TASK ORDER PRIOR TO OCTOBER -1, 2013. COMPENSATi<ON AND COIUIt~LE'iION t3CtiEDULE Task Description due Date Compensation i Project Management and Administration Ongoing throughout project $7,870 2 Pilot Tesl {City fo determine if necessary after well remediaiion b ethers 49 days after NTP for this cask $20,390 g Entitlements (If necessary) 90 days after NTP for this task $4,x5{3 q Iron and Manganese Removal Equipment Procurement Packs a 180 days after NTP for this task $13,320 g Bidding Assistance _ Equipment Procurement pependent on City's Schedulin $3,890 s Survey and Mapping 30 after NTP for this task $4,1 {l0 7 Preliminary Engineering Report 60 days after NTP far this task $38,180 g Final Design tar 80Q1° and 100% Submittal SO days altar NTP for this task $102,050 $ Bidding Assistance -Cons#ruction of the Water Treatment Facilli Dependant nn City's Schedulin $8,170 ip Programming and Startup Dependent on City's 8 Contractor's Sch~edulin $8,400 ~p Agency CQOrdinafinn, Meetings and Permittin Ongoing through Tasks 2 thrnu h 9 $4,850 TASK ORDER TOTAL $2i5,i70 8{Attf t)educlian for pesigning Addition to Existing Weli Adjustment l=ee ($t ,100) i9 Building Instead of New CMU t3ullding The Not-To-Exceed amount #o complete all services listed above for this Task Order No. JUB10~18_p Is Two hundred two thousand #wo hundred sixty-nine dollars ($215,170.00}. No cafnpensation will be paid aver the No#-#o-Exceed amount withatat prior written approval by the City ]n the farm of a Change Order. The hourly rates far services and direct 'task drdar JUB10411i~D WELL 19 WATER TREATMENT FACILITY Page 14 of 15 JUl3 ENGINEERS,INC expenses are per the Master Agreement (by this reference made a part hereof) and will be the basis fior any additions and/or deletions in services rendered. Travel and meals are excluded from this Task Order unless explicitly Listed in the Scope of Serrrices AND Payment Schedule. CITY OF MERIDIAN TAMMY d RD, MAYOR Dated: "~ F~` Z 1 (~% Approved by Council: JUB EN EERS, INC BY; TIM HAENER, , Dated: ~I ~~ /~ ,~~, ~ ~, 1DpH0 ,n `,.. SEA Paurchasing Approval rrr$ ~~ l 'f+kr THE bS. BY: 9` f ~ ~ BY: I<EIT ATTS, Purchasing Manager WA City Project Man er: r ~~ ~ Taste Order JU810418•D WELL 18 WATER TREATMENT FACILITY Page 15 of 15 JUB ENGINEERS, INC tVleridian Cify Council Meefing DATE: September 24, 2013 ITEM NUMBER: 5L PROJECT NUMBER: ITEM TITLE: Professional Service Agreement for Animal Control Services and Dog Licensing Between the City of Meridian and the Idaho Humane Society for the Not-to-Exceed Amount of $339,615.00 MEETING NOTES r~/ APPROYEU Community I#emlPresentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E'MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICE AGREEMENT FOR ANIMAL CUNTTiOr, SERVICES AND DOG LICENSING BETWEEN THE CITY OF MERIDIAN ANb THE YDAIiO HUiYIANE SOCIETY This agreement is made and entered into this 24th day of September, 2013, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and the Idaho Humane Society, Inc., a nonprofit corporation organized under the laws of the State of Idaho (hereinafter "IHS"}. WHEREAS, City desires to provide animal conhoI se;vices in Meridian fio protect the community's health and welfare and to assure that the animals are maintained consistent with the provisions of City Code; and, WIIEEREAS, City recognizes IHS as having the necessary qualifications and capabilities to provide a full range of animal control services to the Meridian community; NOW, THEREFORE, far good and valuable consideration, the receipt and sufficiency of which is hereby aclrnowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and IHS agree as follows: Ter'~n. This agreement shall cover the period beginning the 1st day of October, 2013, and ending the 30th day of September, 2014. C II. Scapa of services. A. Appointment of Animal Control Officers. City hereby appoints YHS and its employees to be the - City's Animal Control Officers and in such capacity to work with the Meridian Police Department to enforce all animal regulatory ordinances of the City Code. Specifically, without limitation, IHS's duties shall include the following; Enforcement. IHS shall be the agent of the City in enforcing Title 6, Chapter 2, Meridian City Code and shall be responsible for selecting and training qualified off cars and employees to carry out these services. II-IS will coordinate animal control services with City aff~cials regarding licensing and citations as appropriate. 2. Arrirnal central services. Providing animal control services within City limits, including investigating complaints, responding to calls for service, patrolling (as time and personnel permits), issuing citations to suspected violators and following through in court as appropriate, apprehending and impounding stray animals and other animals, picking up dead or injured animals within the public right-of way and the City limits and other services as appropriate. 3. Records. Holding, preparing records regarding, and providing disposition of impounded animals, consistent with City Code requirements and IHS goals. PItOrTiSSIONAL SIdRV1CC$ AGl2CiEM1-',N7' k~Olt ANIMAL C4N`fROL - C17'Y Or M>;ItIDiAN ANB IHS PAGE 1 OF 6 4. PromoNoia of responsible animal ownership. Providing other services designed to support the goal of responsible animal ownership in Meridian including, but not 1ilnited to public information, acting as the City's expert consultant regarding Iegislation and other matters regarding animal control in the community. B. Desig~iation of City Animal Shelter: City hereby designates the IHS Main Shelter; located at 4775 Dorman Street, Boise, Idaho, to be the City Animal Shelter. Such Shelter shall provide adequate physical aecoxnmodations, xx-a#erials, and staffrng to provide basic housing, feeding, watering, vaccination, and supervision of animals iinpowided therein. C. Dog licensing designee. City shall provide dog license tags to 1HS for issuance by IHS as City's licensing designee. City hereby authorizes and empowers IHS to issue dog licenses on behalf of City in accordance with all applicable provisions of Meridian City Code and the ;following provisions: h. Official log. IHS shall keep an official, monthly, written log of ahh dog licenses issued by IHS on the form provided by City entitled "MONTHLY LOG---DOG LICENSES ISSUED BY IHS: [MONTH & YEAIt~" {hereinafter "monthly log"). If such form is lost or rendeied unusable for any reason wl~atsoever, IHS must keep a written record including: the serial numbers of the dog license tags provided by City for issuance by IHS and shall also contain the following information as to each dog license issued by IHS: a. Date of issuance; b. Dog License tag serial number; c. .A.xnount of license fee collected; d. Amount of administrative fee collected; e. Name, address, and telephone number of dog owner; f. Description of dog to be licensed; g. Verifieation~of documentation demonstrating dog owner's compliance with all provisions of Meridian City Code section d-2~3; and h, Verification of eligibility of dog owner to pay license fee sought to be paid. 2. Monthly sul2missia~i to City Clerk. During the term of this Agreement, no later than the fifteenth {15th} day of the month following the month far which the fees were collected and the monthly log completed, IHS shall submit to the Meridian City Clerk: a. All dog license fees collected by IHS on City's behalf; and b. A true and coi7•ect enpy of the IHS's monthly log, completed in full. 3. Annual sub>«iission to City Clerk: No later than fanuary I5 of each year, IHS shall submit to the Meridian City Clerk: a. All dog license tags provided by City to IHS but unissued by IHS in the previous year; and b. An annual report for the previous year, by completing in full the form provided by City entitled "ANNUAL REPORT - DGG LICENSES ISSI3ED BY IHS." 4. Remission of discrepancy: If, following the Meridian City Clerk's monthly and/or annual review and accounting of IHS's issuance of dog licenses, the Meridian City C1erlc notifies IHS of a discrepancy in fees collected and data reported by IHS in the log ar quantity of unissued tags, IHS FROFESSIOidAL SERVICES AGItCEMLNT 1~OR ANIMAL CoI~TROL-CITY of MERIDIAN ATID 1 HS PAGE 2 or G shall remit to City funds in the amount of such. discrepancy, regardless of the cause of lass, ( whether theft, misplacement, mistake, or mismanagement of fees, tags, andlor data. b. 'vehicles and equipment. IHS will provide and maintain all vehicles and equipment, and insurance coverage therefor, required by IHS to perform its duties under this Agreement. Two {2) animal control vehicles currently owned by City will be transfez~ed to IHS via resolution dated September 24, 2013. It is mutually agreed by both parties #hat.in consideration of this vehicle hansfer, $18,flOfl will be deducted annually from the. total annual amount due IkIS far services rendered under this ,Agreement for three (3) years. E. Public Education. IHS will foster sound, humane practices by animal owners in support of the purposes of this contract through good public relations techniques consistent with the provisions of this Agreement. T. Annual Recommendations. IHS will provide the City with recommendations for needed changes in City Animal Control Policy, including fees, licenses, and ordinances. III. Compensation and Payment. A. Pay~nent to IHS. City agrees to pay IHS for animal control services provided within Meridian City limits during the period of this contract an annual amount not to exceed $339,615,00, This amount represents the cost ofprovisian of services under this Agreement ($357,615.00}, less $18,000 in consideration of City's donation of two {2} animal control vehicles to IHS on September 24, 2013. C Such amounts shall be payable in twelve equal installments. City shall pay IHS within thirty (3 a) days of receipt of invoice for services rendered in the previous month, City shall nut withhold any federal or state income taxes or Social Security tax from any payment made by City to IHS under the terms and conditions of this Agreement; payment of all taxes and other assessments on such. sums shall be the sole responsibility of IHS. B. Fees due to City. IHS shall collect, and shall remit to City, all redemption fees paid for animals seized in Meridian City limits, as such fees are set by fee schedule. IHS shall also collect, and shall remit to City, ninety percent (90%} of each dog license fee collected on City's behalf C, Fees Jere ±o II3[S. 'IHS shall collect and keep an administrative fee of ten percent {10%) of the amount of each dog license fee collected on City's behalf IHS shall keep a record of dog license fees collected and administrative fees retained and shall report same to City in its annual report. IHS shall also collect and keep the following fees, as such fees ar•e set by IHS: surrender fees, adoption fees, boarding fees, vaccination fees, and any medical fees incurred during impound. IV. General provisions, A. Compliance with Laws. IHS shall undertake a continuing program of monitoring to ensure compliance with all applicable federal, state, and City laws, regulations, ordinances, as well as directives of the designated City liaison to ensure safe and efficient operations and to safeguard funds made available to IHS by the City. PROFES~IpNAL SERVICES AGREENIIaI+IT FpR A,NIMA>; CaNTROI.--~ CITY OF MEItIDIAIV AND II~S PAGE 3 OF 6 rr B. )<ndemnification. IHS shall indemnify and save and hold harmless City from and for any losses, 1' claims, actions, judgment for damages, or injury to persons or property and losses and expenses caused or incurred by IHS, its servants, agents, employees, guests, and business invitees, in the performance of this Agreement, and not caused by or arising out of the tortuous conduct of City or its employees. In addition, IHS sha1I maintain, and specifically agrees that it will maintain throughout the term of this Agreement, liability insurance in which City shall be a named insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of fhe Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City; and if City becomes liable for an amount in excess of the insurance limits, herein provided, IHS covenants and agrees to indemnify and save and hold harmless City from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. IHS shall provide City with a Cextificate of Insurance or other proof of insurance evidencing IHS's compliance with the requirements of this paragraph and file such proof of insurance with the City Clerk. IHS shall provide proof of insurance far workers compensation in the statutory limits as requested by the State of Idaho. In the event the insurance minimums of the Idaho Tart ClaiFns Act are changed, IHS shall immediately submit proof of compliance with the changed limits. C. Independent Contractor. The parties hereto agree and understand that neither IHS, nor any person performing the requirements of this contract on behalf of IHS, are employees of City, In all matters pertaining to this agreement, IHS shall be acting as an independent contractor, and neither IHS nor any officer, employee or agent of IHS is or will be deemed an employee of City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. D. Accounting and Documentation. At such times and in such forms as City may require, IHS shall furnish to City such statements, records, reports, data, statistics, and information as City may request pertaining to matters covered by this Agreement. At any time during business houxs and as often as City may deem necessary, there shall be made available to City for examination all of IHS's records with respect to all matters covered by this Agreement. IHS will account for Animal Control Services separately from other functions or political subdivisions and will assure a1I documents {invoices, vouchers, payrolls, etc.) idelatify Animal Control costs, IHS will make all accounting information and supporting documents available to the City representative upon request. E. Changes in Conditions. IHS will inform the City in a timely manner of any changes in conditions which may significantly affect City Animal Control Services provided by IHS ox associated costs. F. Assignment. IHS shall not assign, transfer or sublet any of its obligations or any monies due to or provided for under this Agreement without first obtaining written consent of the City. G. Amendment. This conhact maybe amended at any time by mutual agreement of the parties, Before any amendment is valid, it must first be reduced to writing and signed by both parties. 7(I. Termination. If, tluaugh any cause, IHS, its officers, employees, or agents fail 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 ~ PROi~ESSLOPIAL SERVICES AGRECMENT F4R ATIIMAL CONTROL-CITY OF MEtttDIA1V AND iHS PAGE 4 Or 6 agreement, engages in fiaud, dishonesty, or any other act of misconduct in the performance of this C contract, or if the Meridian City Council determines that termination of this Agreement is in the best interest of City, City shall have the right to tez~ninate this Agreement by giving II-IS at least thirty {30} calendar days written notice. IIIS may terminate this agreement at any time by giving at least one hundred eighty {180) calendar days written notice to City. I. Severability. Should any term, provision, or paragraph of the contract be held in a court of law to be invalid, it is recognized by the pasties herein that said terms, provisions. or paragraph so held invalid maybe stricken and the tennainder continues in effect. J. Compliance with I.,aws. 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. In performing the scope of sezvices required hereunder, IHS shall comply with all applicable Laws, ordinances, and codes of Federal, State, and local governments. I~. Diserirnination Prohibited. In performing the Services set forth herein, IHS shall not discriminate against any person an the basis of race, color, religion, sex, national origin or ancestry, age or disability. L. Changes. This Agreement contains the entire agreement of the parties and supersedes any and all othez' agreements or understandings, anal or written, whether previous to the execution hereof or contemporaneous herewith. Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty {30) days to accept or rej ect the proposed change. Changes which are mutually agreed upon by and between City and IHS shall be incozporated into this Agreement by written amendment signed by both parties. M. Nonappropzriation. Notwi#hstanding any other provision of this Agreement, City shall not be obligated by any provision of this Agreement during any fuhue fiscal year unless and until the Meridian Gity Council appropriates adequate funds for this Agreement in the City's budget for each such future fiscal year. In the event that funds are not appropriated for this Agreement, then this Agreement shall terminate as of September 30 of the last fiscal year for which fiends were appropriated. City shall notify IHS of any such non-allocation of funds at the earliest practicable date. N. Notice. Any and all notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when mailed in the United States mail, addressed as follows: CITY: City Clerk IHS: Chief Executive Offzcer 33 E. Broadway Avenue 4775 Dorman Street Meridian, Idaho 83642 Boise, Idaho 83705 Either party znay change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein pxovided. IN WITNESS WHEREOF, the patties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. C PROrESSIONAL SERVICES AGREEMENT F(}R ANIMAL CONTROL- C11'Y of MERlD1AN AND 1HS PAGE S OF 6 CITY OF SOCIETY, TNC.: Attest: Jaycee olman, City Clerk ol~O,t~;t: D Au~U Jeff sen I, VM $`' Chief' Executive Officer (.~~L r IDI~~.~ ~, ~~~t~o 9 ~~y nC'. ~J~f41+ ,AR n/1Fe THE ~S~~~` ~~ PROF,ESSIONAL SCRVICES AGREEMCNT FOR AxIINAL CONTROL -CITY OF MERIDIAN AND IHS PAGE 6 OF 6 Meridian City Council Meeting DATE: September 24, 2013 ITEM NUMBER: ( PROJECT NUMBER: ITEM TITLE: RESOLUTION Resolution No, lam- t ~t~ :Declaring Animal Control Vehicles to be Surplus Property and Authorizing Donation to the Idaho Humane Society, Inc. MEETING NOTES ~~~D c Community ItemlPresentations Presenter Contact Info.INotes CLERKS QFFICF FINAL ACTION l DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. ~ 3 _ ~~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN SETTING FORTH FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY AND AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO DONATE TWO ANIMAL CONTROL VEHICLES TO THE IDAHO HUMANE SOCIETY, INC. WHEREAS, it is in the best interest of the City of Meridian to declare that the vehicles described below as surplus as they are no longer needed or used by the City of Meridian; WHEREAS, the City of Meridian's purchasing policy allows surplus City property to be transferred to charitable organizations when the value of the property in question is of nominal value, that is, valued at less than the cast of disposing of the property; WHEREAS, the cost of maintaining equipment until they were sold, if they could be sold, exceeds their value to the City of Meridian and would result in the unnecessary expenditure of City funds; and WHEREAS, the City of Meridian desires to donate the equipment listed in Exhibit "A" to the Idaho Humane Society, Inc. anon-proft charitable organization exempt from federal income tax under Section SOI(c}(3) of the Internal Revenue Cade, the stated mission of which is to advocate for the welfare and responsible care of animals, protect them from neglect and cruelty, and promote humane education, awareness and compassion; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO, AS FOLLOWS: Section 1. That the Mayor and City Council hereby authorize and declare that the following vehicles are surplus property: 1}Animal Control Van Unit #6 and Mavron Insert, GMC Savanna, serial no. 1GTS$AF44B1174781;and 2) Animal Control Van Unit #7 and Mavron Insert, GMC Savanna, serial no. IGTUHAD46A1153278. Section 2. That the Mayor and City Council hereby authorize the conveyance of the vehicles described herein to the Idaho Humane Society, Inc. ADOPTED by the City Council of the City of Meridian, Idaho, this 24th day of September, 2413. APPROVED by the Mayor of the City of Meridian, Idaho, this 24th, day of September, 2413. CITY OF MERIDIAN: ~GO~QOU'+:i~"D au~~sTr,9 Attest: o, " " ~ " CityaF ~`rrs~-~ G'~~-GCS ~E IDIA ~-- ;pga~o Tammy de e •d, Mayor 9~F Sit, ~ ~ ay e Holman, City Clerk ''r ~1p ~ ~~+hc TRk?5~~ RESOLUTION AUTHORIZING DONATION OF ANIMAL ~L VEHICLES TO IHS PAGE 1 OF 1 Meridian City Council Meeting DATE: September 24, 2013 ITEM NUMBER: 6 PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES ~~^9- Community ItemlPresentations Presenter Contact 1nfa.INotes CLERKS OFFICE F11VAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APALICANT NOTES INITIALS Meridian City Council Meeting DATE: September 24, 2013 ITEM NUMBER: 7A PROJECT NUMBER: SHP 13-003 ITEM TITLE: River Valley Retail Sub Public Hearing: Shorf Plat approval consisting of 2 building lots on l .l 4 acres of land in the C-G zoning district by North Eagle Road, LLC - 3230 E. River Valley Street MEETING NOTES Community ItemlPresentations Presenter Contact Info.lNotes CLERKS OFFICE FINAL ACT10N DATE: E-MAILED TO STAFF SEN7 TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Cify Council Meefing DATE: September 24, 2013 [TEM NUMBER: 7B PROJECT NUItiABER: ITEM TITLE: MERIDIAN POLICE DEPARTMENT FEE SCHEDULE Public Hearing: Updates to Meridian Police Department Fee Schedule MEETING NOTES Community ItemlPresentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN NOTICE OF PUBLIC HEARING Notice is hereby given pursuant to the laws of the state of Idaho that the City Council of the City of Meridian will hold a public hearing at 6:00 p.m. an Tuesday, September 24, 2013, at Meridian City HaII, 33 E. Broadway Avenue, Meridian, Idaho, regarding new ar increased fees in the Meridian Police Department Fee Schedule, set forth below. Any and all interested persons shall be heard at the public hearing. Written testimony is welcome; written materials should be submitted to the City Cleric prior to the public hearing. All testimony and materials presented shall become property of the City of Meridian. For auditory, visual, or language accommodations, please contact the City Clerk's Office at (208} 888-4433 at least 48 hours prior to the public hearing. Dog redemption fee $10.00 Cat redemption fee $12.54 Livestock redemption fee $25.00 Dag license -neutered $16.00 Dog license -non-neutered $21.00 Lost dog tag replacement $5.00 Dag surrender fee $23.50 DATED this 5th day of September, 2013. JAYCEE LMAN, CITY CLERK PUBLISH on September 9, 2013 and September 16, 2013. CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE September 24, 2013 ITEM # PROJECT NUMBER 7B Updates to the Meridian Police Department Fee PROJECT NAME Schedule FOR I AGAINST I NEUTRALI CITY CLERKS O Meridian City Council Meeting DATE; September 24, 2413 ITEM NUMBER: ?C PRaJECT NUMBER: ITEM TITLE: RESOLUTION Resolution No. ~ ~ `~~ :Updates to Meridian Police Department Fee Schedule MEETING NOTES ~~F~oaEo Community Item/Presentations Presenter Contact Info.INotes CLERKS OFFICE FINAL AC71UN DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. 3 f ~ r BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION ADOPTING FEE SCHEDULE OF THE MERIDIAN POLICE DEPARTMENT; AUTHORIZING THE MERIDIAN POLICE DEPARTMENT TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice according to the requirements of Idaho Cade section 63-1311A, on September 24, 2013, the City Council of Meridian held a hearing on the adoption of the proposed Fee Schedule of the Meridian Police Department, as set forth in Exhibit A hereto; and WHEREAS, following such hear7ng, the City Council, by formal motion, did approve said proposed Fee Schedule of the Meridian Police Department; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Fee Schedule of the Meridian Police Department, as set forth in Exhibit C. A hereto, is hereby adapted. Section 2. That the Meridian Police Department is hereby authorized to implement and carry out the collection of said fees. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho this 24th day of September, 2013. APPROVED by the Mayor of the City of Meridian, Idaho, this 24th day of September, 2013 CITY OF MERIDIAN: ~r~~ O~p,TL•D A [fG.U4T 2GO44 ,j9 G~ ti Tammy de erd, Mayor ~,p~ city °E C~c E II~Ia ~~1 SF.~. W ~~~ ti~ r~. ~a° 9e/«r 7kE T5~ ADOPTION OF FEE SCIiEDUI,E OF MERIDIAN POLICE DEPARTMENT Attest: Holman, City Clerk PAGE 1 OF 2 ExhibitA FEE SCHEDULE OF THE MERIDIAN POLICE DEPARTMENT Labor to redact exempt public records $38.00/hour Paper copies of public records (applies if records are redacted, mare than 100 a es, or more than 2 hours; waived if total is less than $10.00) $0. l OJpage Labor to make paper copies of public records (applies if records are redacted, more than 100 pages, or more than 2 hours; waived if total is less than $10.00) $20.00/hour CD or DVD with public record information $1.00 each Thumb drive with public record information $7.50 each Labor to upload public record information to CD, DVD, or thumb drive $20.OOJhour NSF check fee $20.00 Photogra hs {35 mm 4x6-inch prints) $0.1 SJprint Extra-Dut Personnel -Officer $40.00 Extra-Du Personnel -Supervisor $50.00 False alarm -third within calendar year $25.00 False alarm -fourth within calendar year $SOAO False alarm -fifth within calendar ear $75.00 False alarm -sixth or subsequent within calendar year $100.00 each Nuisance/weeds abatement administrative fee $100.00 Dog redemption fee $10.00 Cat redemption fee $12.50 Livestock redemption fee $25.00 Do license -neutered $16.00 Dog license -non-neutered $21.00 Last dog tag replacement $5.00 ADOPTION Off' FEE SCIIEDULE OF MERIDIAN POLICE DEPARTMENT PAGE 2 OF 2 Meridian City Council Meeting DATE: September 24, 2013 ITEM NUIVIBER: 7D PROJECT NUMBER: ITEM TITLE: 2014 SOLID V1IASTE RATE CHANGES Public Hearing: 2014 Solid Waste Rate Changes Fee Schedule MEETING NOTES Community ItemlPresentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACT1C}N DATE: E-MAILED TO STAFF SENT TO AGENCY SENT 70 APPLICANT NOTES INITIALS C ~ ~ O ~ o p c~ a v ¢i Q) ~, ~ ~ N w H n H n H m O r. 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E o ~ d g ~ N ~ a c p U ryrye~s W ~ ~ ~ ~ •L rn V 1 U C ~ Y N E O U ~ ~ 0J r O Q. ~ °? ~ C •~ •~ O ~ ~ N w C V N _ ~ Q- 'C U ~ UJ o U y N N tv _ U °~ ~ '~ V a o U ~ f6 c N 7 C ~ ~p ,~ c Y m rL ~ C y {0 ~ bi _ ~ 7 ~ c 7 f N b.~ Gi ~-- LL. ~ IY I- ~ ~ D R+ 4~ M o N ~ ~ t9 ~ ~ ~ o N a ~; ~ U N W o 0 0 0 0 ~ ~ ~ ~ ~ Z J ,J W N ~S 0_US O U ~ N N O U ~ N O N O U 3 N 0 N O U ~ N - N O U ~ N ~ v ~ ~ N O U ~ N N O U ~ N ~ v ~ ~ '~' 'b ~ ~n rn ~ ~~, y ~ p O ~ N y N y N ~ N VOi ~ C ~ ~ C ^ m O c~RaREPUBLIC ~Y~ SERVICES MEMORANDUM TO: Mayor Tammy de Weerd Members. of the Meridian: City Council: 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 intraductian Annually, solid waste collection ra#es are adjusted in accordance with Section 21 of our contract with fhe Cify 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 khe "net percentage of change in the Consumer Price Index for the Pacific Norkhwest." (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 fwo 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 0.16 er house er month. We. have completed similar calculations for commercial rates as well. A!I current and. proposed rates are presented in tabular form as ah attachment to Phis 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 20$.375.959T www.republicservices.com a different percentage attributable to disposal. Disposal is considered apass-through anc3 is not changed by the CPI. Table 1 Percentage of Rate Change by System Residential r-ates 0.95% Commercial cart rates 95 anon 1.05% - 1.13°l0 Commercial container rates 112, 3, 6, 8 ds. 0.84°!0 - 1.22%. Commercial compactor rates 1,20% - 1,22% Tem ors commercial container rates 3, 6, 8 ds. 1.12% - 1:37°l0 MisceUar~eous collection services 1.24% - 1.36% Roll off haulin services rent and ttatilin '1.35% - 1.38% Landfill Fee Changes On August 1, 2p11 the Ada County Hidden Hollow Landfill began utilizing scales for measure. meat 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 #o account for increased landfill rates. Ra#e Restructure. Hista[ically the rate structure included rents! of asemi-trailer because the equipment was originally purchased for the sole purpose of servicing Meridian's bfosoiids. fn 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 'rn 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 riew rates to the rate structure: 1. 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 of 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 #ee 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 fhe 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 #hat rate deserip#ions .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 wi11 be able to answer more billing questions. 2. Reestablish the Sunda service 8 and 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 ra#e. In effect it was a price roll back for fiscal year 2t?93. lts inclusion here formally reestablishes the rate. 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Residential Collection Rates: Current & .Proposed Residential CoNectipn Rate Structure - FY 2093 32-gaI 64-gal 95-gal Service Cosi $10:78 $10.91 $11.03 Ada County Disposal $1.00 $2.88 $4.76 Carts $0.99 $0.99 $0.99 Sales tax $0.06 $0.06 $O:b6 Customer Rate $72,83 $14.83 $16.84 Meridian Franchise Fees (6%} $0.77 $0.89 :$1.01 Net to Republic Services $12.06 $13,95 $45.83 Proposed Residential Collection Rate Structure - FY 2014 Rate increase on Service Costs 1.85% 32-gal 54ga1 95-gal Service Cost $10.94 $11..06 $11.98 Ada County pispasai $1.00 $2.58 $4,76 Cads $1.00 $1.Ob $1.Q0 Safes tax $0.06 $0.06 $0:06 Customer Rate $73.00 $15.00 $17:00 ;~' Meridian Franchise Fens (6°l0} $0.78 $Q.9a $1.0.2 j Net to Republic Services $92,22 $14.10 $15:98 Bureau of Labor Statistics l Attachment C; Change !n Consumer Price Index June to June Consumer Price Index -All Urlan 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 219:865 209 0 221.147 2011 226.075 2012 232.701 2093 236.227 Change in CPI from 2012 to2013 3,526 Total Percentage Change 1:515% Ninety Percent of Change in CPI 1.36% Source:. Bureau of Labor Statistics Generated on: ,luly 18, 2013 (06:14:57 PM) CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE September 24, Z0~ 3 ITEM # PROJECT NUMBER 7D PROJECT NAME 2014 Solid Waste Rate Changes Fee Schedule PLEASE PRINT NAME ECEI~ ~~P z 4 zo~~ FOR I AGAINST I NEUTRALI ciTV of Meridian City Council Meeting DATE: Se tember 24, 2013 ITEM NUMBER: 7E PROJECT NUMBER: ITEM TITLE: Resolution No. RESQLUTION ~3 -- °~50 Approving the 2014 Solid Waste Fee Schedule MEETING NQTES ~ aPPAOdEo Community ItemlPresentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E•MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. f 3 r °~ 50 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION ADOPTING THE ANNUAL RATE ADJUSTMENT FOR THE SOLID WASTE COLLECTION SERVICES BY REPUBLIC SERVICES COMPANY; AUTHORIZING THE CITY OF MERIDIAN UTILITY BILLING DEPARTMENT TO COLLECT SUCH RATES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice according to the requirements of Idaho Code section G3-1311A, on September 24, 2013, the City Council of Meridian held a hearing on the adoption of the proposed changes to the Rate Schedule of Solid Waste Collection, as set forth in ExhibitA hereto; and WHEREAS, following such hearing, the City Council, by formal motion, did approve said proposed changes to the Rate Schedule of Solid Waste Collection; WHEREAS, the proposed changes to the Rate Schedule of the Solid Waste Ca[lection are based on a fee increase for residential and commercial services based on change in the Consumer Price Index and three (3}new fees. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section l.. That the Rate Schedule of the Solid Waste Collection, as set forth in ExhibitA hereto, is hereby adopted. Section 2. That the City of Meridian Utility Billing Department is hereby authorized to implement and carry out the collection of said rates. Section 3. That this Resolution shall be in full force and effect With the beginning of the October 5, 2013 billing cycle to be reflected on the November billing statements of the City of Meridian Utility Billing Department. ~ ADOPTED by the City Council of the City of Meridian, Idaho this Z~ day of September, 2013. APPROVED by the Mayor of the City of Meridian, Idaho, this 2~`~ day of September, 2013. APPROVED: ¢~~~~,~r~nauc~,srr l ti$`~ ~°w Tammy er , a _..._.. 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IA • Iq N Ui to U1 (A 7 3 ~ 7 ~ 3 5 7 ~ 7 7 7 ~ ' 7 7 7 -o -a ~ ~ -c ~ -o -o -v a -o -a -o ~ ~ ~ a C C G C C C C C C C C C C C C C C 7 (0 L L N Q .... .~ W ~ "C t L N Q ~ w 'a ~ ~ T J ~ C {~ O U o ~ ~ ~ ~ a ~ i ~ C G ~ a ~ ~ s z = o _~ v ~ 0 0 -a a o ~' m m ~ O r.l O O 0!1 J a 0 z .o .p ,o O O O CO m m 0 o a h ~ o d 1O r v n r o o r .i a ~ ~ ° ~ ° . N c rp v r t i~ v t > v ~ ~ c c ~ O ~ M ~ N W QO ' :;. •' d' tp '~ , t~ ~ . , . (~ flT 4A 6f} ' yry d"} r {t? ff~ G ~ ~ . ~ ~ ~ ~N ~~. 'O ~ . . N D~ O . ~ N v c m L y N ~ ~ G U O _ ~ '~.. O ~ ~ 'C) r " ~, C y, O ~ E ` ~ ..SG ~ m U 7 ~ to ~ C to ~U N E ~, ,N L N ~ O U C n N ~ T ~ ~ r _ L2 ~ ~ ~ c ~ ,C "' f0.? C O U Q ~ ~ _(~ ~ ~ U ~ IJ.I ~ m ~ IV ~ c ~ O N ~i ~ Q ~ 'a ~ c.. C ~ 'i ~ ~ ~ N ~ U ~ N N tff ~ C ~ .~ ~~ 7 ~ ~ '~. y C ~ ~ W (7 a s U tOi! 0 0 0 0 0 0 0 J ~ j N O U N O U ~ O U :_. N O U N O U ~ ~ N O U d O U ~ v c g c co c ca 0 c ro 0 c m 0 c co U ~ 0 c m 0 c co U rl U U U U U ~ U U ~ CITY OF MERIDIAN ORDINANCE NO. (3 " ~ ~~~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING MERIDIAN CITY CODE SECTION 6-2-1, RELATING TQ DEFINITIONS; AMENDING MERIDIAN CITY CODE SECTION 6-2-2, RELATING TO ANIMAL CONTROL OFFICER AND CITY ANIMAL SHELTER; AMENDING MERIDIAN CITY CODE SECTION 6-2-4, RELATING TO IMPOUNDMENT, REDEMPTION, AND SURRENDER OF ANIMALS; AMENDING MERIDIAN CITY CODE SECTION 6-2-5, RELATING TO DECLARATION OF ABANDONMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian finds that it is in the best interest of the public health, safety, and welfare to establish and update regulations regarding animal control; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Meridian City Cade section 6-2-1 is hereby amended as follows: 6-2-I: DEFINITIONS: As used in this chapter, the following terms shall be defined as in this section provided: ~A. ABANDONED ANIMAL: An animal that is impounded in accordance with the provisions of this chapter, and is: 1. Suffering from serious injury, rabies, or other serious disease; 2. Not wearing a legible license when it is impounded; 3. Voluntarily relinquished by its owner; or 4. Not reclaimed by its owner after five (5) working days of such impoundment, except that such time shall be tolled where the dog owner appeals a declaration that the dog is a vicious dog. B. ANIMAL: Any member of the animal kingdom, except members of the human race. C. CITY ANIMAL SHELTER: The primary location at which Begs animals shall be impounded in accordance with the provisions of this chapter, as designated by the Chief of Police. E: D. CRUELTY TO ANIMALS: The intentional and malicious infliction of pain, physical suffering, injury ar death upon an animal, including, but not limited to: ~, 1. Depriving of or failing to provide an animal with adequate food, water, shelter, and/or essential veterinary care. ANIMAL CONTROL ORDINANCE UPDATE PAGE 1 OF G (~ 2. Leaving an animal in one's possession, custody, control, or care unattended for more than thirty-six (36) hours. 3. Maliciously ar cruelly killing, maiming, wounding, beating, mutilating, torturing, tormenting, overworking, or otherwise abusing any animal. 4.. Allowing, arranging, or instigating a fight between two animals, or training one or more animals to fight other animals. 5. Making accessible to any animal, by any means, with intent to cause harm or death, any substance that is poisonous, or that has, in any manner, been treated or prepared with any harmful or poisonous substance, except that this definition shall not include the lawful use of poisonous substances for the control of rodents and/or insects in furtherance of the public health; nor shall this definition include the lawful use of poisonous substances by a veterinarian or animal control officer far the purposes of euthanizing an animal, F: E. DOG: Any male or female member of the canine family. ~: F. IMPOUND: To deliver a seized animal to the City mod:-animal shelter. H: G. LIVESTOCK: Domesticated animals, traditionally kept for use ar profit, which are housed outdoors and/or in outdoor enclosures such as pens, barns, barnyards, pastures, corrals, coops, sties, stables, or paddock areas. Livestock shall include, but is not limited to: horses, donkeys, mules, cattle, llamas, alpacas, swine, sheep, goats, rabbits, poultry, and/or domesticated birds, except that this def nition shall not include chicken hens. L H. OWN: to be the owner thereof; ar to keep, harbor, ar possess; or to accept or maintain custody, control, or care thereof. I,_,©WNER: Any person awning, keeping, harboring, ar possessing an animal, or accepting ar maintaining custody, control, or care of an animal. J. SEIZE: To take custody of an animal. L: K. VETERINARIAN: A doctor licensed to practice veterinary medicine in the state of Idaho. #JE: L. VICIOUS DOG: A dog declazed by the Animal Control Officer to be a vicious dog. Section 2. That Meridian City Code section 6-2-2 is hereby amended as follows: 6-2-2: ANIMAL CONTROL OFFICER; CITY DAUB ANIMAL SHELTER: A. Animal control officer. The Chief of Police shall appoint one or more Animal Control Officer(s) who shall, under the direction of the Chief of Police, have the authority to enforce the provisions of this chapter. Additionally, the Animal Control Officer shall be authorized to: 1. Seize and impound deganimals that are at large and unattended in City limits. 2. Seize impound, and euthanize degs-animals in accordance with the provisions of this chapter. AN~IVIAL CONTROL (JRDINANCE UPDATE PAGE 2 OF 6 4. Remove and properly dispose of the carcass of any dead animal found in any public place. 5. Declare that began animal is abandoned; 6. Decide whether an abandoned deganimal shall be euthanized or made available for adoption. 7. Declaze that a dog is a vicious dog. 8. Seize and impound vicious dogs in accordance with the provisions of this chapter, and euthanize same as authorized by this chapter. 9. Issue uniform citations for violations of this chapter. B. City deg~e~a~ animal shelter. The Chief of Police shall designate a City ~'~d animal shelter. Such deg~eu~ animal shelter shall provide adequate physical accommodations, materials, and staffing to provide basic housing, feeding, watering, vaccination, and supervision of Begs animals impounded therein. Section 3. That Meridian City Code section 6-2-4 is hereby amended as follows: 6-2-4: IMPOUNDMENT, REDEMPTION. AND SURRENDER OF ANIMALS: i~~racce~ac~ ~' • ~lna~,o~• TT ...7.~. .z+ r.~'n nni.sa~ .7.. ~1~.. A...~.~. } l~..ri+..~l ", ~ rasa cvra., T •~vut i ~ a rQ e~, 8 • D~ - a R s avsa vav wv 7 7 ANIIvJAL CONTROL ORDINANCE T.TPDATE PAGE 3 OF 6 • > > ~ „a ~ o _„„a1.,,. ~L~; tom + > ~ . ~.,,.,,.a;,,,, .~ ,,. o --a - --r---- rr---------- - ~. Trassl ,mE+~n'J~:...ivcn"o ~~couy"o~ ":: A Impoundment. A police officer animal control officer, or any other person may seize and impound all dogs or other animals at large Any and all animals seized shall be immediately delivered to the City Animal Shelter for impoundment. B. Redemption The owner of an, animal seized and impounded may recover ossession of such animal upon payment to the City Animal Shelter of license boarding, vaccination, rabies, medical, and all other fees as adopted by fee schedule or as actuallyincurred in the course of seizure, impoundment or subsequent care or boarding of the animal. If the owner or representative of the owner of any animal seized and impounded shall fail to pay such fees and costs and recover ossession of such animal within twent -four 24 hours after actual notice to the owner or representative of the owner, or within five (SZdays after reasonable and diligent effort to notify th_e owner or representative of the owner the Animal Control Officer may dispose of such animal .throu adoption or euthanasia. ~~e ' C. Surrender of living ar dead dog. An Animal Control Officer shall, upon a dog owner's request and payment of fee established by fee schedule, fake possession of any dog, living or dead, that is owned by such person. The Animal Control Officer may require proof of ownership before taking possession of a voluntarily relinquished dog. When a dead dog is voluntarily relinquished to an Animal Control Officer, the Animal Control Officer shall dispose of the dog. Section 4. That Meridian City Code section 6-2-5 is hereby amended as follows: 6-2-5: DECLARATION OF ABANDONMENT: ANIMAL. CQNTROL ORDINANCE UPDATE PAGE 4 OF 6 A. Declaration of abandonment. Animal Control Officers are authorized to declare that a deg an animal is abandoned where such deg animal meets the definition thereof as set forth in this chapter. B. Effect of declaration of abandonment. Upon the Animal Control Officer's declaration that a deg an animal is abandoned, such deg animal may be euthanized ar made available for adoption by any person. The decision to euthanize a~eg an animal or to make a-deg an animal available for adoption shall be made in the sole discretion of the animal control officer based on factors including, but not limited to, the health, disposition, behavior, and/or adoptability of the deg animal. Section 5. That all ordinances in conflict with this ordinance aze hereby voided. 2013. 2013. Section 6. That this ordinance shall be effective on October 1, 2013 PASSED by the City Council of the City of Meridian, Idaho, this 24th day of September, APPROVED by the Mayor of the City of Meridian, Idaho, this 24th day of September, APPROVED: ATTEST: ~'G ~~~ Tammy d~ Mayor City of erd (E II~IAN~ -~ , o a„ o `~ SEAL. rF~r y*V F~~~~bt 7AtAStl4~,~ Clerk ANIMAL CONTROL ORDINANCE UPDATE PAGE S OF b NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901{A} CITY OF MERIDIAN ORDINANCE NO. I3- /~+~ AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING MERIDIAN CITY CODE SECTION 6-2-1, RELATING TO DEFINITIONS; AMENDING MERIDIAN CITY CODE SECTION 6-2-2, RELATING TO ANIMAL CONTROL OFFICER AND CITY ANIMAL SHELTER; AMENDING MERIDIAN CITY CODE SECTION 6-2-4, RELATING TO IMPOUNDMENT, REDEMPTION, AND SURRENDER OF ANIMALS; AMENDING MERIDIAN CITY CODE SECTION 6-2-5, RELATING TO DECLARATION OF ABANDONMENT; AND PROVIDING AN EFFECTIVE DATE. Mayor and City Council By: Jaycee Holman, City Clerk ~~~PSLD AUp~`T G~ ~ r 9Q A ~i~+ OE r IDIA.N~-- IUAHD rF .SF.~, w First Reading: ~ - ~ " f ~ Yf~P.flbr 7AErsu~~~!~ Adopted after frst reading by sus ension 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 N0.13- _ i 5 ? 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 Qrdinance no. ~ f 5? of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice, too the public ursuant to Idaho Code § 50-901A{3). DATED this 2-`r day of , 2013. G- William. L.M. Nary City Attorney ANIMAL COAITROL ORDNANCE UPDATE PAGE 6 OF 6 Meridian Gify Council Meefing DATE: September 24, 2013 STEM NUMBER: $A PROJECT NUMBER: ITEM TITLE: ORDINANCE Ordinance No. ~ ~ ~ ~ :Updating Animal Control Ordinance MEETING NOTES ~ aPPwouEo Community ItemlPresentations Presenter Contact Info.lNotes CLERKS OFFICE FINAL ACFtON DATE: ~ E-MAILED TO STAFF SENT TQ AGENCY SENT Tp APPLICANT NOTES INITIALS tVleridian Cify Council Meefing DATE: Se tember 24, 2013 ITEM NUMBER: g PRaJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES Community ItemlPresen#ations Presenter Contact Info.INotes CLERfCS OFFICE F-NAL ACTION DATE: H'MAtLED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 24, 20~ 3 ITEM NUMBER• '~ Q PROJECT NUMBER. ITEM TITLE: Executive Session Per Idaho State Code 67-234 (1 ~ (f): (f~ To Consider and Advise Its Legal Representatives in Pending Litigation MEETING NOTES Community ItemlPresentations Presenter Contact Info.lNotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF 5ENT TO AGENGY SENT TO APPLICANT NOTES INITIALS