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HomeMy WebLinkAboutCouncil Minutes - June 03, 2015.doc June 03, 2015 Mayor Richard Woodland Council Members: President Sally Smith Jordan Busby Donna Benfield Jerry Merrill Christopher Mann Brad Wolfe City Staff: Stephen Zollinger – City Attorney Matt Nielson – Finance Officer John Millar – Public Works Director Val Christensen – Community Development Director Scott Johnson – Economic Development Director 7:00 P.M. City Hall – Pledge to the Flag Brad Wolfe led the pledge. Thaine Robinson said the prayer. Roll Call of Council Members: Attending: Council President Smith, Council Member Mann, Council Member Busby, Council Member Wolfe and Mayor Woodland. Council Member Benfield and Council Member Merrill asked to be excused. Mayor Woodland said the new trees on Main Street have been planted; 2nd North is under Construction. Public Comment on non-controversial issues: not scheduled on the agenda (limit 3 minutes): - NONE Presentations: - NONE Committee Liaison Assignments for 2015: A. Council Member Christopher Mann: Golf Board · Emergency Services Board · MYAB Council Member Mann reported his committees have not met; however, the Special Needs lunch today at Porter Park was a success. He thanked the Rexburg Police Department of their outreach in supporting the special needs people, some special needs people have been hidden from society in the past; this is an opportunity to serve them. The lunch allows the police officers and the special needs people to interact and feel comfortable with each other, in case there is ever a situation where a police officer is called out to help one of these individuals, they will feel secure. Council Member Jordan Busby: GIS Oversight · Airport Board · Traffic & Safety Council Member Busby reported his committees have not met. The Airport Board meeting was scheduled to meet June 3, but was cancelled in lieu of an upcoming meeting that John Millar will elaborate on, in tonight’s City Council meeting. C. Council Member Donna Benfield: Police · Trails of Madison County · IBC · Teton Flood Museum Committee Council Member Benfield was excused. D. Council Member Smith: Legacy Flight Museum · Rexburg Arts Council (Romance Theatre & Tabernacle Civic Center, Orchestra) · M.E.P.I. Council President Smith reported MEPI met Monday, the meeting was informative. City Engineer Keith Davidson reviewed the airport study and maintenance. Scott Johnson reported on business activity in Rexburg. The Arts Council has not met; however, there is an Orchestra Concert at the Rexburg Tabernacle, it’s their Summer Concert Series Final. The legacy Flight Museum will next Friday to finalize the plans for the Fly-In on June 20th; they will be serving a free breakfast from 8:00 am to 10:00 am. She encouraged all to attend the Orchestra Concert and the Fly-In. E. Council Member Jerry Merrill: School Board · Parks & Recreation · Urban Renewal Agency Council Member Merrill was excused. Mayor Woodland said the City Parks look great. F. Council Member Brad Wolfe: Planning & Zoning · Beautification Committee Council Member Wolfe reported Planning and Zoning recommended an annexation (275 Stationary Road) which is on this agenda. Planning and Zoning will meet again June 4, 2015. Public Hearings: Public Hearing at 7:20 P.M. Status of funded activities for the remodel of the Madison Fire Department Fire Station at 26 North Center Street, Rexburg, Idaho 83440 – Rick Miller (The City of Rexburg received an Idaho Community Development Block Grant in the amount of $350,000 from the Idaho Department of Commerce. This funding is allocated to the State of Idaho from the U.S. Department of Housing and Urban Development. These funds are currently being used for the fire station improvement project.) Rick Miller from The Development Company reviewed the funding activities for the Madison Fire Station remodel. He reviewed the project activities and accomplishments to date, a summary of all expenditures to date, a general description of remaining work and any changes made to the scope of work, budget, schedule, location or beneficiaries. The public hearing is a requirement for the grant.  Three block grant requests have been processed to date on the project. As of today, requests total $310,250.00 and are from the Idaho Community Development Block Grant Program. The City has disbursed the funds in a timely manner. Discussion on change orders. Mr. Miller indicated there are seven approved change orders on the fire station. Council Member Busby questioned the cost of the change orders. Mr. Miller said the total cost of the change orders is about $120,000.00 to date. Council Member Busby questioned the reasons for the change orders. Mr. Miller answered anytime there is an extensive remodel, change orders are common with unforeseen and owner directed changes. Council Member Mann stated there was money budgeted for change orders, they have used about $66,000.00 over what was budgeted. Mr. Miller stated they have spent as much of the block grant as possible at this time. The Idaho Community Development Block Grant Program requires them to retain about 5% until there is substantial completion. Mr. Miller noted he has meet with the city and has taken care of the 504 compliance, Fair Housing Assessment, ADA compliance; taking care of these requirements is part of the contractual obligation. These block grant requirements have been submitted to the state and have been approved. Mr. Miller indicated written comments may be submitted to the city as part of the public hearing. He said the public may also request additional information regarding the grant and remodel of the fire station from him or the City. Council Member Busby asked if the remodel is on schedule. Mike Walker with the Fire Department said the remodel is ahead of schedule. Mayor Woodland opened the public hearing. Written correspondence: - NONE Public Testimony in favor of the proposal (5 minute limit): NONE Public Testimony neutral to the proposal (5 minute limit): NONE Public Testimony opposed to the proposal (5 minute limit): NONE Mayor Woodland closed the public hearing. The City Council thanked Rick Miller for the update on the project Public Hearing at 7:20 P.M. (BILL 1134) to hear a proposal to amend the Pedestrian Emphasis Zone (PEZ Area) by reviewing the percent of visitor parking in both PEZ 1 and 2, for HDR, MDR and MU Zones within the PEZ as regulated by the University, the Building Code and any requirements imposed as part of the CUP. (This Public Hearing will begin at the conclusion of the Madison Fire Station Public Hearing.) NOTE: The requestor asked for this action to be tabled to a future meeting. Staff Report: The proposed changes to the visitor parking as advertised.  Mayor Woodland opened the public hearing. Written correspondence: Mayor, Scott, Blair and Elaine: We realize there have been many discussions and differing opinions on how visitor parking should be managed at BYU-I approved housing complexes.  I will be unable to attend the June 3rd meeting because of prior business commitments that will have me out of state at this time.  So, in lieu of me being there to make a statement if needed, I wanted to send this to you and ask that it be forwarded to the City Council. “Currently the University has concerns with reducing visitor parking requirements at approved housing complexes. We have projected extensive future growth and would like to see more comprehensive data from a cross-section of semesters before considering endorsing a change.” We realize this is a City of Rexburg decision, but wanted you to know where we stood in case you were interested.  Please let me know if you would like any additional information. Thanks, Eric Eric Conrad Managing Director, University Services BYU-Idaho |525 S Center |Rexburg, ID 83460-0725 Office 208.496.2710| Fax 208.496.6592 | conrade@byui.edu Discussion: City Attorney Zollinger explained the reason to delay the hearing was a request from the requestor to seek more input from the University on the proposal to be presented at a future date. Council Member Busby moved to table the public hearing to a future meeting; Council Member Wolfe seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Wolfe Council Member Busby Council Member Mann The motion carried Items for Consideration: - NONE Annexation of the Development Workshop parcel (BILL 1133) at 275 Stationery Place (Road) – Staff City Attorney Zollinger reviewed the parcel on the overhead screen. The property is owned by the Development Workshop; it is connected to the City boundaries on all sides. The property is not the property discussed by Sugar City; it is the Harris property north of the new Wal-Mart store. The property is west of Artco. The annexation was requested in favor by the Development Workshop. It is on City water and sewer with the City of Rexburg. The property would be a connection to the property to the north being developed this year. Ken Sakota in Rexburg is neutral to the annexation; he is concerned with the noise coming from the current tenant. The noise from dances is twice the legal limit and it is very damaging to the human ears. He read a statement complaining about the noise from kids, cars, and music as late as 1:30 am. They saw kids smoking pot, drinking beer, etc. He asked for the City to control the noise by enforcing the City noise ordinance. Doug Sakota indicated they went before the County Commissioners to have the noise reduced to legal limits. The noise can be heard a mile away. To: The Madison County Commissioners April 14, 2014 SOLUTION to Noise caused by The Zone Dances Have the Sheriff or his Deputies enforce Idaho Statue Title 18-6409, "Disturbing the Peace" by: 1. Have The Zone turn down their speaker(s) volume so that it is under 45 dBA at the edge of the property line so as to be in compliance with Madison County Title 10 Chapter 1 General Provisions Section 1.8.2 (C) Noise, Typical Outdoor Sound Levels in Various Environments, Small Towns and Quiet Suburban 45-5- dBA. 2. Have The Zone tum down their sub-woofer speakers (the Heavy BASS) so that it is in compliance with Madison County Code Section 101-231 (3) Noise: Objectionable noise which is due to volume, frequency, or "BEAT" shall be muffled or otherwise controlled. 3. Have a Sheriff’s deputy vehicle with his blinking red/blue light on at the comer of Stationary Place Road and Bond Avenue. Have the Deputies either warn and/or issue citations for disturbing the peace when anyone is yelling, screaming, hollering, honking their vehicle horns, and/or loudly revving their vehicle engines in the parking lots and on the streets. 4. Have Dance end on time. We are just asking that the laws be enforced so that there is "Peace and Quiet". The following are Residents of Madison County that have either heard the MUSIC or felt the BEAT from The Zone dances: Bud Squires, 1256 North 2nd East Doug & Ken Sakota, 1245 North 2nd East Sam & Mary Butikofer, 1347 North 2nd East Nate & Candice Dexter, 1362 (approximately) North 2nd East Carolyn Sakota-Smith, 1371North 2nd East Darwin & Wendy Sakota, 78 West Moody Rd. Alan Sakota, 84 (approximately) West Moody Rd. Ryan & Karie Jones, 62 East Moran View Milton & LuAnn Webster, 96 East Moran View Tabitha McCoy, 71 West Moran View Lee Munns, 1291N. 5th West (over one mile directly West) *** and Kimber Ricks also heard and felt the beat on March 21, 2014 Doug Sakota presented the following on noise: Idaho Statute Title 18 (Crimes and Punishments, Chapter 64 – Riot, Rout, Unlawful Assembly, Prize Fighting, Disturbing the Peace). Madison County codes regulating noise: General and Administrative Provisions - (3) Noise. Objectionable noise, as determined by the county, which is due to volume, frequency, or beat, shall be muffled or otherwise controlled. Air raid sirens and related apparatus used solely for public purposes are exempt from this requirement, as are noises attendant to ordinary agricultural operations. (4) Vibration. No vibration shall be permitted which is discernable without instruments on any adjoining lot or property. Noise Standards, Madison County, Title 10, Chapter 1, General Provisions, Section 1.8.2 (C) Noise. Typical Outdoor Sound Levels in Various Environments. Madison County Code Book (Miscellaneous Provisions – Sec. 109-122. Standards for small turbines). (d) Sound level. At or beyond property lines for small wind turbines must not exceed 45 dBA. (To compare, an operating refrigerator is about 40 dBA) They requested a limit of 45 decibels. Council Member Busby asked when the last dance was held. They hold dances three or four times a year. Discussion: The Development Workshop management (Mr. Mike O’Bleness) has heard of the problem; they believe the new owner is trying to comply with the 45 decibel limit for noise. Council Member Mann said if the property is annexed, hopefully, the City will try to control the noise. City Attorney Zollinger said that if the property is annexed, noise problems will be efficiently addressed by City Police. Rexburg Police Officers have access to decibel meters and will not permit any noise that exceeds the legal limit. Staff Report: ZONING DISTRICT: Light Industrial I. BACKGROUND The subject property is an area of unincorporated property adjacent to the City of Rexburg. The applicant is asking to have the property annexed to the City of Rexburg. The parcel being requested for annexation is approximately 6 acres. It includes the Development Workshop building and will stay zoned as Light Industrial. II. SITE DESCRIPTION The site is located at 275 Stationery Road. The subject property is approximately 6 acres. The surrounding neighborhood is predominantly commercial to the south and east. The west and north is surrounded by farm land and a couple of houses. III. STAFF RECOMMENDATION Staff recommends that the Commission take public testimony, and determine if the proposed annexation can be approved, denied, or approved with conditions. The Comprehensive Plan identifies the use as Light Industrial. The current zoning is compatible with the Comp Plan. Staff recommends that the Planning and Zoning recommend to the City Council to approve the annexation of this property. Planning and Zoning recommended annexation of the property at 275 Stationery Place.  Council Member Wolfe moved to Suspend the Rules for the reading of BILL 1133; Council President Smith seconded the motion; Mayor Woodland asked for a roll call vote: Those voting aye Those voting nay Council Member Smith None Council Member Wolfe Council Member Mann Council Member Busby The motion carried Council Member Wolfe moved to approve and third read BILL 1133 for the annexation of property at 275 Stationery Place; Council Member Smith seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Wolfe Council Member Busby Council Member Mann The motion carried Approve Fireworks Stands - Staff  Discussion: City Clerk Kay reviewed the applications for fireworks stands in 2015. They will be allowed to sell fireworks from June 26th to July 26th. The Fire Department inspects the facilities before they are presented with their license. Council Member Smith moved to approve the fireworks stands as presented; Council Member Mann seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Wolfe Council Member Busby Council Member Mann The motion carried Staff Reports: Public Works: – Public Works Director Millar reported on 2nd North Street which is under construction (from Center Street to 2nd East). This is a total reconstruction which will include the additions of new sewer, water, road, curb, and gutter. They are working with the neighbors for access. Council Member Wolfe asked to include lighting conduit in the project. There is already school district communication conduit in the 2nd North Street under construction. Director Millar reported on the water project. City Attorney Zollinger took the issue before a judge last week. The judge approved the judicial confirmation and was forwarded to the state. Director Millar anticipates a loan grant offer in near future. This will be done, signed, and committed before the end of June.   Airport bid results for approval City Engineer Keith Davidson reviewed the bids on the shoulder grading and the apron project. The bids were good with HK as the low bidder. The airport will be shut down for two weeks before allowing flights to continue. Council Member Busby asked if the funds for the project come from a grant. City Engineer Keith Davidson said 90% of the cost will be covered by FFA grant and about 3% will be covered by the state, the remainder of the cost will be paid by Madison County and City.  Council Member Mann moved to approve the airport bid for the improvements as presented; Council Member Busby seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Wolfe Council Member Busby Council Member Mann The motion carried City Engineer Keith Davidson indicated the second aspect of the airport project, is to have an oversight construction contract. He said they have negotiated with GDA; they will be using Forsgren Associates of Rexburg to oversee the construction at the airport. The cost of the contract will be $50,698.00. Construction oversight contract with GDA (GDA Engineers in Cody, Wyoming and Heber City, Utah provide civil engineering, planning, and surveying solutions for our valued clients in Wyoming, Utah, and across the Rocky Mountain Region. GDA Engineers is celebrating over 60 years of successful projects across Wyoming, Montana, Idaho, Utah, and Colorado) AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is by and between The City of Rexburg, Idaho and Board of County Commissioners of Madison County, Idaho (hereinafter called OWNER) and HK Contractors, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 – WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Rexburg-Madison County Airport Runway Shoulder Grading and Apron Rehabilitation Project, A.I.P.Numbers 03-16-0031-11-2013, 03-16-0031-13-2014, and 03-16-0031-14-2015, State Project Numbers F148-REX, F148RXE, F168-RXE. ARTICLE 2 – THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is described as follows: Rexburg-Madison County Airport Runway Shoulder Grading and Apron Rehabilitation Project, A.I.P. Numbers 03-16-0031-11-2013, 03-16-0031-13-2014, and 03-16-0031-14-2015, State Project Numbers F148-REX, F148RXE, and F168-RXE. ARTICLE 3 – ENGINEER 3.01 The Project has been designed by GDA Engineers who is hereinafter called ENGINEER and who is to act as OWNER’S representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 – CONTRACT TIMES. 4.01 Time is of the essence so the Work will be substantially completed as stated in the Bid Proposal & Notice to Proceed and completed and ready for final payment in accordance with the Contract Documents. Liquidated Damages will be assessed for failure to complete any of the following items within the time specified: Substantial Completion by August 28, 2015 Phase 1 Substantial Completion within 14 working days from start date Phase 2 Substantial Completion within 21 working days from start date Final Completion by October 12, 2015. 4.02 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.01 above, plus any extensions thereof allowed in accordance with the Contract Documents. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two Thousand Eight Hundred Dollars ($2,800.00) per calendar day for each calendar day that expires after the time specified in paragraph 4.01, 4.02 and 4.03. 4.03 Project Schedule V-2 The Contractor will be required to present a complete schedule after the award of the bid, at the preconstruction conference and it shall also show full and complete adherence to the Construction Safety and Phasing Plan herein. ARTICLE 5 – CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01. 5.01 For all Awarded Work, payment shall be made as per attached CONTRACTOR’s Bid and CONTRACT for BID SCHEDULE 1, 2, & 3 for $582,845.00. As provided in the General Provisions, estimated quantities are not guaranteed and determinations of actual quantities and classification are to be made by ENGINEER as provided in the General and/or Special Provisions. Unit prices have been computed as provided in the General Provisions. ARTICLE 6 – PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with the General and/or Special Provisions. Applications for Payment will be processed by ENGINEER as provided in the General and /or Special Provisions. 6.01 Progress Payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR’s Applications for Payment as recommended by ENGINEER, on or about the * day of each month during construction as provided in paragraphs 6.01.1. and 6.01.2. below. All such payments will be measured by the schedule of values established in the CONTRACT (and in the case of Unit Price Work based on the number of units completed). See Section 10.05 D herein for more information on payments. * Payments to Contractor will be made expeditiously by the Sponsor as soon as possible after receipt of funding for each month’s Construction work. Reimbursement forms will be sent to the funding agencies by the 1st Wednesday of any given month whenever possible for the Contractor’s work during the preceding month and normal turnaround time is two to four weeks. 6.01.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with the Contract Documents. 90% of Work completed (with the balance being retainage). 90% (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER). 6.01.2 The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives from the OWNER. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the OWNER. 6.01.3. Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 90% of the Contract Price (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with the Contract Documents. 6.02 Final Payment. Upon final completion and acceptance of the Work in accordance with the Contract Documents, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER, as provided in the Contract Documents. Payment of the final estimate under this contract, including the ten percent (10%) of partial estimates retained, as herein provided, shall not be due or payable until the Notice of the Completion and acceptance of the work V-3 under this contract shall have been given by publication and posting for the time and in the manner required by the laws of the Federal Aviation Administration, and/or the State where the work is done. ARTICLE 7 – INTEREST. Not used. Notice of Award Date: _ _____ Project: Rexburg-Madison County Airport Runway Shoulder Grading and Apron Rehabilitation Project Owner: The City of Rexburg, Idaho and The Board of County Commissioners of Madison County, Idaho FAA and ITD Project Numbers: 03-16-0031-13-2014 & F148RXE; 03-16-0031-11-2013 & F148-REX 03-16-0031-14-2015 & F168-RXE Contract: Rexburg-Madison County Airport Runway Shoulder Grading and Apron Rehabilitation Project Engineer's Project No.: 141007 & 141034 Bidder: HK Contractors, Inc. Bidder's Address: PO Box 51450, Idaho Falls, ID 83405 You are notified that your Bid dated May 19th, 2015 for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for Schedules 1, 2, and 3 of the Rexburg-Madison County Airport Runway Shoulder Grading and Apron Rehabilitation Project. The Contract Price of your Contract is Five-Hundred twenty-eight thousand Eight-Hundred Forty Five Dollars ($528,845.00). 4 copies of the proposed Contract Documents (except Project Manual and Drawings) accompany this Notice of Award. 4 sets of the Project Manual and Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within 15 days of the date you receive this Notice of Award. 1. Deliver to the Owner 4 fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract security Bonds as specified in the Information for Bidders and General Provisions (Paragraph 30-05). 3. Other conditions precedent: Provide copies of the following: A. Certificate of Insurance B. Preliminary Project Schedule Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. EJCDC C-510 Notice of Award Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. 00510-2 (GDA 04/12) AGREEMENTFORREXBURG APRON REHABILITATION CONSTRUCTION ADMINISTRATIVE SERVICES PROJECT BETWEEN CITY OF REXBURG, IDAHO AND MADISON COUNTY, IDAHO AND GDA ENGINEERS STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES Owner and Engineer agree as follows: ARTICLE 1 – SERVICES OF ENGINEER 1.01 Scope A. Engineer shall provide, or cause to be provided, the services set forth herein and in Exhibit A. ARTICLE 2 – OWNER’S RESPONSIBILITIES 2.01 General A. Owner shall have the responsibilities set forth herein and in Exhibit B. B. Owner shall pay Engineer as set forth in Exhibit C. C. Owner shall be responsible for, and Engineer may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by Owner to Engineer pursuant to this Agreement. Engineer may use such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this Agreement. ARTICLE 3 – SCHEDULE FOR RENDERING SERVICES 3.01 Commencement A. Engineer shall begin rendering services as of the Effective Date of the Agreement. THIS IS AN AGREEMENT effective as of, (“Effective Date”) between City of Rexburg and Madison County (“Owner”) and Graham, Dietz & Associates, DBA GDA Engineers (“Engineer”). Owner intends to Construction Administrative Services for the rehabilitation of the primary apron. (“Project”). Page 2 of 14 EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 3.02 Time for Completion A. Engineer shall complete its obligations within a reasonable time. Specific periods of time for rendering services are set forth or specific dates by which services are to be completed are provided in Exhibit A, and are hereby agreed to be reasonable. B. If, through no fault of Engineer, such periods of time or dates are changed, or the orderly and continuous progress of Engineer’s services is impaired, or Engineer’s services are delayed or suspended, then the time for completion of Engineer’s services, and the rates and amounts of Engineer’s compensation, shall be adjusted equitably. C. If Owner authorizes changes in the scope, extent, or character of the Project, then the time or completion of Engineer’s services, and the rates and amounts of Engineer’s compensation shall be adjusted equitably. D. Owner shall make decisions and carry out its other responsibilities in a timely manner so as not to delay the Engineer’s performance of its services. E. If Engineer fails, through its own fault, to complete the performance required in this Agreement within the time set forth, as duly adjusted, then Owner shall be entitled to the recovery of direct damages resulting from such failure. Notice to Proceed Date: _________________ Project: Rexburg-Madison County Airport Runway Shoulder Grading and Apron Rehabilitation Project Owner: The City of Rexburg, Idaho and The Board of County Commissioners of Madison County, Idaho FAA and ITD Project Numbers: 03-16-0031-13-2014 & F148RXE 03-16-0031-11-2013 & F148-REX 03-16-0031-14-2015 & F168-RXE Contract: Rexburg-Madison County Airport Runway Shoulder Grading and Apron Rehabilitation Project Engineer's Project No.: 141007 & 141034 Contractor: HK Contractors, Inc. Contractor's Address: PO Box 51450, Idaho Falls, Idaho 83405 You are notified that the Contract Times under the above Contract will commence to run on July 30, 2015. On or before that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the date of Substantial Completion is no later than August 28, 2015, and the date of Final Completion is no later than October 12, 2015, and the number of working days is 21. Before you may start any Work at the Site, you must provide certificates of insurance which you are required to purchase and maintain in accordance with the Contract Documents. Also, before you may start any Work at the Site, you must: Submit copies of: 1.) Work Schedule, 2.) Submittal Schedule, 3.) Safety Plan Compliance Document (SPCD), 4.) Description of the Quality Control Program for review and approval, and 5.) Storm Water Pollution Prevention Plan (SWPPP). Owner: The City of Rexburg, Idaho Owner: The Board of County Commissioners of Madison County, Idaho Council Member Busby moved to approve the GDA Engineer’s Contract as presented; Council Member Smith seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Wolfe Council Member Busby Council Member Mann The motion carried The airport master plan was reviewed. As the airport grows it will be approaching B2 Classification. Surplus equipment that has failed (i.e. welder’s mother board) Welder with bad mother board 2013 Cat 950K Loader vin # 0R4A01421 2013 John Deere 624K Loader vin#1DW624KZDE655198 Public Works Director Millar reviewed the three items for surplus. He is hoping to have positive results from the sale of the loaders which will be advertised nationally. They sell surplus items by putting them in the newspaper for local bidders. A minimum will be set. “Municibid,” a national program, is another promising avenue by which the surplus items may be sold. Discussion on the Park Street Park merry-go-round. It was scraped due to age and condition. Council Member Busby moved to surplus the used equipment as presented; Council Member Smith seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Wolfe Council Member Busby Council Member Mann The motion carried City Engineer Davidson reviewed right-of-way on the Moody Road and 2nd East. He asked for approval to negotiate the right-of-way in the Urban Renewal Area. Council Member Mann moved to have City Engineer Keith Davidson negotiate for the right-of-way in the Urban Renewal Area as presented along the Moody Road and 2nd East; Council Member Smith seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Wolfe Council Member Busby Council Member Mann The motion carried Council President Smith asked about the progress in the Cresthaven Subdivision. The construction will begin in June after property owners have been contacted. Finance Department: Matt Nielson Finance Officer Matt Nielson was excused; however, Mayor Woodland asked the City Council to review the Financial Reports:  ------------------------------------------------------------------    ------------------------------------------------------------------ Community Development – Val Christensen May’s Building Permit Report: Community Development Director Christensen reviewed the monthly report for building permits.  Community Development Director Val Christensen said Alpine Dermatology is planning a large building in the Valleywide Subdivision. Discussion on Senior Apartments being built on 7th North. There are 48 units with assisted living as an option. Calendared Bills and Tabled Items: LAND USE ACTION – BILLS RECOMMENDED/APPROVED IN A LAND USE PUBLIC HEARING PROCEDURE: – NONE BILL Introduction: – NONE First Reading: Those items which are being introduced for first reading: BILL 1133 Annexation of 275 Stationary Place (Development Workshop) This item was considered under “Items for Consideration” There was a suspension of the rules for BILL 1133. Council Member Wolfe moved to approve and third read BILL 1133 for the annexation of property at 275 Stationery Place; Council Member Smith seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Wolfe Council Member Busby Council Member Mann The motion carried Second Reading: Those items which have been first read: – NONE Third Reading: Those items which have been second read: BILL 1132 Amend the Development Code Ordinance 1115 by file (#15 00188) making amendments to the document concerning substantive and non-substantive items. Discussion: Council Member Busby moved to consider Ordinance 1132 approved and third read; Council Member Wolfe seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Wolfe Council Member Busby Council Member Mann The motion carried Mayor’s Business: Consent Calendar: The consent calendar includes items which require formal City Council Action; however they are typically routine or not of great controversy. Individual Council members may ask that any specific item be removed from the consent calendar for discussion in greater detail. Explanatory information is included in the City Council’s agenda packet regarding these items. Minutes from May 20, 2015 meeting Approve the City of Rexburg Bills Council Member Mann moved to approve the Consent Calendar and pay the bills; Council Member Busby seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council Member Smith None Council Member Wolfe Council Member Mann Council Member Busby The motion carried Adjourned at 8:05 P.M. APPROVED: _______________________________ Richard S. Woodland, Mayor Attest: _______________________________ Blair D. Kay, City Clerk