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HomeMy WebLinkAbout2016-05-10Oi4ERIDIAN CITY COUNCIL WORKSHOP k _ MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, May 10, 2016 at 3:00 PM Roll -Call Attendance _ Anne Little Roberts 0 Joe Borton 3:04 PM ® Ty Palmer X Keith Bird X Genesis Milam _ Luke Cavener Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Adoption of the Agenda Adopted 4. Consent Agenda Approved A. Approve Minutes of April 12, 2016 City Council / Planning and Zoning Joint Meeting B. Approve Minutes of April 26, 2016 City Council Meeting C. Water Main Easement #1 between The City of Meridian and Mission Coast Properties ID, Inc. within Reflection Ridge Subdivision No. 5 D. Water Main Easement #2 between The City of Meridian and Mission Coast Properties ID, Inc. within Reflection Ridge Subdivision No. 5 E. Findings of Fact, Conclusions of Law for Saint Ignatius School by Roman Catholic Diocese of Boise Located 6180 N. Meridian Road Request: Annexation and Zoning of 10.71 Acres of Land with a C -C Zoning District F. Findings of Fact, Conclusions of Law and Final Order for Bach Subdivision (H-2015-0044) by The Regency at River Valley, LLC Located 3400 E. River Valley Street. Request: Combined Preliminary / Final Plat Approval Consisting of Two (2) Building Lots on Fourteen (14) Acres of Land in the R-40 and C -G Zoning Districts Meridian City Council Meeting Agenda Tuesday, May 10, 2016 — Page 1 of 4 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. G. Amended Development Agreement for Falconers Place Subdivision (MDA - H -2015-0015) with Summit Equity, LLC located on the east side of Eagle Road, South of Victory Road, in the NW'/4 of Section 28, Township 3 North, Range 1 East. (Parcel #'s R3193250021 and R3193250023) H. AIA Agreement Between the City of Meridian and Kreizenbeck, LLC (DBA Kreizenbeck Constructors) for 77 -Acre Park Preconstruction Management Services for a Not -to -Exceed Amount of $100,000 I. Subrecipient Agreement With The Meridian Food Bank for PY 2015 Community Development Block Grant Funds J. CableONE Movie Night in Meridian 2016 Single -Night Sponsorship Agreement Between the City of Meridian and Idaho Central Credit Union for a Not -to -Exceed Amount of $1,000.00 K. CableONE Movie Night in Meridian 2016 Single -Night Sponsorship Agreement Between the City of Meridian and the Meridian Library District for a Not -to -Exceed Amount of $500.00 L. CableONE Movie Night in Meridian 2016 Single -Night Sponsorship Agreement Between the City of Meridian and Teleperformance for a Not -to - Exceed Amount of $500.00 M. CableONE Movie Night in Meridian 2016 Single -Night Sponsorship Agreement Between the City of Meridian and RC Willey for a Not -to -Exceed Amount of $500.00 N. Resolution No. 16-1140: Resolution for Rolling Hills Subdivision (H-2016- 0037) by Clarence McLain Located Northwest Corner of E. Overland Road and S. Rolling Hills Drive Request: Vacate a 10 -Foot Wide Public Utility Easement that was Created with Lot 1, Block 2 of Rolling Hills Subdivision 5. Community Items/Presentations A. Community Reports To Mayor and Council on Housing Support Services from the Housing Authority, CATCH Inc., and NeighborWorks Boise B. Citizen Concern by Rick Horvath in Regards to the Backflow Device at his Home Located at 4075 E. Driftwood C. SWAC Report (Steve Cory) on two proposed activities: (1) the Meridian "Hand in Hand We Recycle!" mobile recycling pilot program; and (2) the SWAC annual activity Meridian City Council Meeting Agenda Tuesday, May 10, 2016 — Page 2 of 4 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. 6. Items Moved From the Consent Agenda None 7. Department Reports A. Parks and Recreation Department Strategic Update B. Title Amended to Read: State/Local Agreement Project No. A013 ( 918) Rail With Trail Pathway Between the City of Meridian and the Idaho Transportation Department Regarding the Referenced Federal Aid Project for a Rail with Trail Pathway in Fiscal Years 2018 and 2019 for the Not -to - Exceed Amount of $501,000.00 Item discussedn ill return on the May 24th,2016 City Council meeting C. Parks and Recreation Department: Commercial Real Estate Purchase and Sale Agreement Between the City of Meridian and the Young Men's Christian Association (DBA Treasure Valley Family YMCA) for a Not -to - Exceed Amount of $4,000,000.00 D. Public Works: Continued Discussion on Design Standards Continued to May 24 th$ 2016 E. Public Works: Area of Drilling Concern Update 8. Ordinances A. Ordinance No. 16-1689: An Ordinance (Birkdale Estates H-2015-0021) of the City of Meridian Granting Annexation and Zoning of 10.06 Acres with a Zoning Designation of R-2 (Low Density Residential District) Being Lot 1 of Block 1 of Blythe Estates, a Subdivision on File in Book 63 of Plats at Page 6426 in the Office of the Recorder for Ada County, Idaho, said parcel being situated in the NW'/4 of Section 30, Township 4 North, Range 1 East, Boise, Ada County, Idaho; and Providing an Effective Date Approved 9. Future Meeting Topics A. Motion *, • . < d to add a discussion regarding a Public Woks budget amendmentg truck to the May 17, 2016Council agenda W. Councilman ^ q - to add ani ♦n regardi of Meridian's internal budget amendment approval process C. The May 17, 2016 Regular City Council meeting will be cancelled and renoticed as a SPECIAL meeting due to the May 17th Primary Election. discussion will take place in June regarding updating City of Meridian Code Meridian City Council Meeting Agenda Tuesday, May 10, 2016 — Page 3 of 4 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. 1-7-5: City Council Meetings to consider updating the language to reflect CoTtsoNated Elections Meridian City Council Meeting Agenda Tuesday, May 10, 2016 — Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Workshop May 10, 2016 A meeting of the Meridian City Council was called to order at 3:00 p.m., Tuesday, May 10, 2016, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de W eerd, Keith Bird, Joe Borton, Genesis Milam, Ty Palmer, and Anne Little Roberts. Members Absent: Luke Cavener. Others Present: Bill Nary, Jacy Jones, Jaycee Holman, Warren Stewart, Scott Colaianni, Perry Palmer, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X_ Anne Little Roberts X _ Joe Borton X__ Ty Palmer X_ Keith Bird __X__ Genesis Milam _____ Lucas Cavener _X Mayor Tammy de Weerd De Weerd: Well, welcome to our City Hall Council -- our City Council workshop. For the record it is Tuesday, May 10th. It's 3:00 p.m. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Thank you. Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Adoption of the Agenda De Weerd: Item No. 3 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On Item 4-N, the resolution number is 16-1140. On Item 7-B, please, amend to read state local agreement project number A013918, Rail With Trail pathway between the City of Meridian and the Idaho Transportation Department regarding the reference to federal aid project for the Rail With Trail pathway in fiscal years 2018 and 2019 for a not to exceed amount of 501,000 dollars. 8-A, the ordinance is 16-1689. And with that I move we approve the agenda. Meridian City Council Workshop May 10, 2016 Page 2 of 67 Milam: Second. De Weerd: I have a motion and a second to approve the agenda as changed. All those in favor say aye. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 4: Consent Agenda A. Approve Minutes of April 12, 2016 City Council / Planning and Zoning Joint Meeting B. Approve Minutes of April 26, 2016 City Council Meeting C. Water Main Easement #1 between The City of Meridian and Mission Coast Properties ID, Inc. within Reflection Ridge Subdivision No. 5 D. Water Main Easement #2 between The City of Meridian and Mission Coast Properties ID, Inc. within Reflection Ridge Subdivision No. 5 E. Findings of Fact, Conclusions of Law for Saint Ignatius School by Roman Catholic Diocese of Boise Located 6180 N. Meridian Road Request: Annexation and Zoning of 10.71 Acres of Land with a C-C Zoning District F. Findings of Fact, Conclusions of Law and Final Order for Bach Subdivision (H-2015-0044) by The Regency at River Valley, LLC Located 3400 E. River Valley Street. Request: Combined Preliminary / Final Plat Approval Consisting of Two (2) Building Lots on Fourteen (14) Acres of Land in the R-40 and C-G Zoning Districts G. Amended Development Agreement for Falconers Place Subdivision (MDA-H-2015-0015) with Summit Equity, LLC located on the east side of Eagle Road, South of Victory Road, in the NW ¼ of Section 28, Township 3 North, Range 1 East. (Parcel #’s R3193250021 and R3193250023) H. AIA Agreement Between the City of Meridian and Kreizenbeck, LLC (DBA Kreizenbeck Constructors) for 77-Acre Park Preconstruction Management Services for a Not-to-Exceed Amount of $100,000 Meridian City Council Workshop May 10, 2016 Page 3 of 67 I. Subrecipient Agreement With The Meridian Food Bank for PY 2015 Community Development Block Grant Funds J. CableONE Movie Night in Meridian 2016 Single-Night Sponsorship Agreement Between the City of Meridian and Idaho Central Credit Union for a Not-to-Exceed Amount of $1,000.00 K. CableONE Movie Night in Meridian 2016 Single-Night Sponsorship Agreement Between the City of Meridian and the Meridian Library District for a Not-to-Exceed Amount of $500.00 L. CableONE Movie Night in Meridian 2016 Single-Night Sponsorship Agreement Between the City of Meridian and Teleperformance for a Not-to-Exceed Amount of $500.00 M. CableONE Movie Night in Meridian 2016 Single-Night Sponsorship Agreement Between the City of Meridian and RC Willey for a Not-to-Exceed Amount of $500.00 N. Resolution No. 16-1140: Resolution for Rolling Hills Subdivision (H-2016-0037) by Clarence McLain Located Northwest Corner of E. Overland Road and S. Rolling Hills Drive Request: Vacate a 10-Foot Wide Public Utility Easement that was Created with Lot 1, Block 2 of Rolling Hills Subdivision De Weerd: Item 4 is our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: As stated earlier, 4-N is resolution number 16-1140 with that I move we approve the Consent Agenda and for the Mayor to sign and the Clerk to attest. Milam: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you call roll. Roll call: Bird, yea; Borton, absent; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea. Meridian City Council Workshop May 10, 2016 Page 4 of 67 De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 5: Community Items/Presentations A. Community Reports To Mayor and Council on Housing Support Services from the Housing Authority, CATCH Inc., and NeighborWorks Boise De Weerd: Okay. Under our community presentations. We will start with our presentation from CATCH and Neighborhood Works. NeighborWorks Boise. Neighborhood works, too; right? Thank you for joining us. Watson: Thank you, Mayor and Council Members. I think I speak for all three of us in telling you how much we appreciate the opportunity to come and talk to you about our various affordable housing related programs and, hopefully, answer any questions you might have or bring back additional information. My name is Deanna Watson and I'm the executive director of the Boise City and Ada County Housing Authority and what I have done is just put together a little bit of an overview of our agency with some drill down to some of the programs that we do on behalf of the City of Meridian. I won't read you this history and overview, but I think the main points I would want to make are that we have been in existence since 1967 as the Boise City Housing Authority. Since 1975 as the Ada County Housing Authority. We are not a nonprofit and we are not an office or division of the city or the county, we are a quasi-governmental entity established by state statute to perform certain essential governmental functions and I listed the statute references at the bottom of this document. We provide a number of programs throughout the communities of Ada County that serve low income households. The one that you probably would be the most familiar with is the Section 8 Housing Choice Voucher Program, but we also have low rent public housing in high rise configurations and duplexes around in the city and the county of Ada. We also have a number of supportive housing program s that provide rental assistance and supportive services for people who are coming out of homelessness with an array of challenging and complicating factors to their life, like severe persistent mental illness, HIV Aids, chronic homelessness where they have been homeless for up to a year or four or more times in the last three years. So, we have a number of programs that address both the housing needs and also the supportive services to keep people successfully housed and something I think that's unique to the -- to the housing authority that I don't know of another one that's affiliated as we are with the Allumbaugh House, the -- so, acute mental health and a detox center and I come here about once a month for meetings with the joint powers entity and the reason the Housing Authority got involved -- our function is to be -- we were designer, the constructor, and now the maintainer of that facility because we recognized that a lot of the people we Meridian City Council Workshop May 10, 2016 Page 5 of 67 serve, the lack of funding is not the cause of their need for housing, it's a symptom of some other contributing factors, oftentimes disabling conditions, compounded sometimes by substance use and so we felt if we could help get to some of those core issues, then, we are not just an administrator of ever dwindling funds, we are actually trying to get at some of those core -- core needs. One of the programs that we participate in directly with the City of Meridian with the assistance of Community Development Block Grant funds is a home ownership program and so this -- this page just shows you the number of folks who have been able to utilize your CDBG fund to help in the home ownership in the City of Meridian. And I thought it was interesting that, obviously, we are here to serve people who are of low and very low income and even the one family that their median income was at 16 percent of median income, which would put them at a very, very low -- and they were able to purchase a home with the assistance of the CDBG funds. The other just overview is the housing choice voucher. The snapshot for the City of Meridian -- so, the Section 8 or Housing Choice Voucher Program is a rental assistance program for people who are financially eligible to apply. Across Ada County we assist about 2,000 families every month with rent and in some cases, if their income is low enough, also with utilities. In the City of Meridian we currently are assisting 155 families and that equates to 842,000 dollars in rental assistance to Meridian landlords. I think our average housing assistance payment in the City of Meridian is about 453 dollars per household. So, you can see that in most cases the family is also contributing probably up to half or maybe a little bit more toward their rent and utilities. And, then, I think the last time I stood before you in this room was when we were making a presentation under the Housing and Economic Recovery Act. There was a program that was being initiated called Neighborhood Stabilization and Idaho Housing Finance Association was the administrator of those funds and they were making those funds available around the state. We presented to the Meridian City Council to be your administrator locally of that program and so what you have before you is a slide that gives you the addresses of all the houses that we purchased, rehab'd and sold under the neighborhood stabilization program. After we had been in the middle of administrating that program HUD made a determination that public housing authorities could not be developers under this program, but by that point we had established the track record and so the bottom half of this page shows the number of houses that we have done through our own self funding of that program. So, as you see the gross margin, the money goes back into the pot and that enables us to continue purchasing houses. Of course, right now the market is -- is pretty dry, so we haven't been able to -- there weren't any, but this is an example I think for you of the work that we did. Thanks to your designation of us under the NSP program and, then, ongoing since then. Then these are just some pictures that corresponds with the addresses you saw on the previous page, some of the houses that we have been able to return into home ownership as affordable housing in the city limits of Meridian and, then, this slide is just kind of an overview one page of the -- the different programs we administer, the number of units that can be housing that we own and manage or it can be the vouchers that we administer in the county. The shelter plus care Meridian City Council Workshop May 10, 2016 Page 6 of 67 and choice and HOPWA and VASH programs are all under kind of the special needs designation, where there are supportive services, along with rental assistance. And, then, we own and manage a number of apartment complexes that we keep as affordable and that would be the Liberty Park Apartments, Nez Perce, Shore Lane North, Vine Terrace. We have a duplex on Shoshone and, then, at Hobbler Place started out to be a one hundred home project -- home ownership project where we bought 20 acres, developed one hundred homes and rented them to people who wanted to become homeowners, but who needed a couple of years, maybe, to clear up any credit issues. So, we worked with them during that time period and, then, we granted them down payment and closing costs assistance when they qualified on a sliding fee connecting to their income level. We paid off our bonds to do t hat. One of the things we can do as housing authority is issue bonds and we kept about 25 homes in our inventory as -- as part of our rental housing portfolio and, then, Allumbaugh House that I mentioned, and just a little overview. Our mission is to enhance our community by providing safe and affordable housing and fostering self sufficiency and stability for people in need. Our vision to a model community with progressive housing programs and partnerships that provide help for today and hope for tomorrow. And, then, I won't read this last slide, but it's just our -- our financial information. I did bring a number of folders with what you have just seen. If you would like copies, if you want to go drive around and look at some of the houses or anything along that line, I have got copies for you, so thank you. De Weerd: Thank you, Deanna. Council, any questions? Bird: I have none. Milam: Madam Mayor? De Weerd: Yes, Mrs. Milam. Milam: I do. Thank you for a great report and all that you do for our community. I have a couple totally unrelated questions I think. The first one is the homes that you were able to sell, have you -- are you the mortgage holder on that? Have you followed up to see how many of the people that purchase them are stil l owned and are maintaining their payments on those? Watson: We -- are not the mortgage holder. We work with mortgage companies. I don't have that number off the top of my head, but I don't believe anybody has ended up having to foreclose -- be foreclosed on -- on those properties, but I will find out and follow up with you. Milam: Thank you. Madam Mayor? De Weerd: Yes. Meridian City Council Workshop May 10, 2016 Page 7 of 67 Milam: Allumbaugh House. Watson: Yes. Milam: I have heard a lot of really wonderful things and I also have heard that it's full all the time. Any plans for Allumbaugh No. 2? Watson: Great question. Allumbaugh House is full and I think with a waiting list almost all of the time now and we know that about 56 percent of the people who go for services at Allumbaugh are homeless. We don't take payment at Allumbaugh House and so people with insurance go other places. We are in the midst right now of working to -- we think incorporate the community crisis center into space that was originally designed to be a sobering station in the 9,100 square feet we have at Allumbaugh House. We also have land that is just on the other side of the parking lot that we would like to develop as kind of a recovery oriented -- probably transitional type housing for a lot of the people that -- I mean they go spend a week at Allumbaugh House, get stabilized. If they go right back into homelessness we know that they will stay stabilized probably for a very short time. So, what we would like to do is develop some living quarters and some additional office space across the parking lot, but I think we could certainly make a case that if we weren't going to put a crisis center into the sobering station area, that we would maybe -- we have talked about maybe making that kind of phase two, so that those people who may be more detoxed within four days, but probably needed another week to get stabilized and to get the next phase plan, could stay in that part. I think we have got multiple uses for what we have in existence. We have learned a lot in five years. It's been a great partnership for the Housing Authority to be a part of, but it certainly has changed a little bit of who we are and what we are known for. Thank you. De Weerd: Any other questions from Council? Well, I -- Sean, anything you want to add? Kelly: Madam Mayor, no, nothing from me. De Weerd: Okay. I know you have been a great partner and we appreciate that partnership and certainly appreciate our partnership with CATCH and what it's done in our communities in serving our families and our youth. So, thank you for all you do. Watson: Thank you. And thank you for having us work with such a great guy as Sean. He's been a wonderful partner for us. Schroeder: Madam Mayor, City Council, I want to first off just thank you for this time. My name is Wyatt Schroeder and I'm the -- fortunate enough to be the executive director of CATCH, Charitable Assistance for The Communities Homeless and before I go any further I would like to thank you for the investment Meridian City Council Workshop May 10, 2016 Page 8 of 67 through CDBG funds that the City Council has for the last two years awarded to CATCH, allowing us to continue to serve and end homelessness for the families of Meridian. So, I would like to talk a little bit about CATCH's vision. I'd like to talk about CATCH's vision and this idea of -- of housing first and the reason why we do what we do and, then, from there I would like to talk about the families of Meridian, the families that we currently serve and also the families we would like to serve who are having a little bit of a struggle and opportunity of what we see as kind of boots on the ground. And, then, finally, talk about some solutions that CATCH is currently pursuing. So, CATCH's vision that every family and every person has a home and that's, obviously, very bro ad and I would thank you for that noble vision, but there is a lot of great evidence behind it and that's really what we were founded on in 2006. We were founded on this idea of housing first, which is a bold vision of every family -- every person having a home is actually good science and that's true and we know it's through a lot of medical research, especially over the last 20 years since the idea of housing first has really permeated a lot of our communities across the county and especially here in the Treasure Valley and that's really this idea -- and I will talk about the model more in a second, but that's kind of the philosophy behind everything that we do, of wanting to serve families, specifically experiencing homelessness. But not just serving -- frankly, any family. We want to serve our most vulnerable families, the families that have maybe even been served by a number of our service providers, but maybe haven't gotten that opportunity of a home and this is really where Housing First takes the old model of thinking and puts in on its head. Whereas in the past care we maybe would appraise systems of care inadvertently, through no one's fault, maybe create systems of care where families go from one door to the next, to the next, to the next, wonde ring what's next, that if they never got housing along the way they truly haven't experienced stability. I think we see that in our own lives of -- I hope that all of us are going to a home here today and that allows us to have that stability to work on whatever the root cause is whatever issues we have. So, as we expanded in 2012, we expanded through a partnership with West Ada School District and I know in my career in home assistance, this is really -- is really innovative, actually, to partner directly with the school district to work to identify families that are experiencing homelessness and since that -- that partnership began, just shortly -- about four years, we have helped 150 people -- so, about 50 families end their homelessness. And, again, I just want to compliment the partnerships in this room that have allowed us to make that possible and those 50 families, again, have really come through this model and the way that it basically works is very, very simple. It's a three step process. Once we identify a family experiencing homelessness, the first thing we do is help to find housing. Now, that looks at a lot of different ways, depending on their -- their issues. Maybe that's working on past utility debt that they need to get rid of before we can actually get them the housing. It really looks like having really robust partnerships with landlords to identify housing. And, then, once we are able to sign a lease in the client's name, then, the second thing we do is help pay for that housing. So, we will talk a little bit about the actual families and what their situation is. As you can Meridian City Council Workshop May 10, 2016 Page 9 of 67 imagine having maybe to deposit first and last month's rent, maybe having 1,500 dollars in your bank account, it's always a bridge too far for homeless and that's extending their homelessness, so they try to save -- try to save to get that 1,500, it's actually a lot more effective if we could have sponsorship of them through a program like CATCH. So, we will help pay for their housing, to move into housing as quickly as possible, and, then, pay their rent as long as they are in our program. And that leads to the last step, which is work to make sure they stay in housing. It's Housing First, it's not Housing Only. So, working with intensive case management, work with intensive financial education and financial services, we are able to pursue employment opportunities, we are able to work with our medical partners, we are able to do case management goals to make sure these families stay in housing. And last year at CATCH it worked 82 percent of the time. Of the 211 people that we housed in the Treasure Valley, 82 percent of them were sustainably housed six months after graduation, which I would like to say is because CATCH is just really really a neat program, but as I'm being honest, it's because Housing First works. This model with a certain fidelity works. So, who are these families? So, I will talk about -- I will talk about the 41 people in Meridian that we were able to house last year through 11 families and this partnership with West Ada. The median income of these families, if you annualize them when they came into our program was 15,000 dollars, which as we know, the average family was about 3.7 people. So, say a four person household is really what we are seeing. So, you get single head of households coming in with three children. So, the average family coming in had about 19 percent of the area median income and that's -- these are our Meridian families. So, again, these are our most vulnerable and just so we are clear, to get into CATCH we have only two criteria. One, they are experiencing homelessness and the second is that you are a family with children. We don't screen out based on other conditions. So, these families are coming in at about 19 percent of AMI and on average we give about 3,800 dollars in financial assistance in order to end their homelessness. Now, to put that in perspective, the certificate that's used most often is that in shelter it's about ten dollars per day per person. So, for a family of four to keep someone in emergency shelter for a year would cost about 14,600 dollars. So, to end their homelessness for about one-fourth of the cost at 3,800 dollars it requires a cost -effective strategy, especially if we know it works 82 percent of the time and that's what we are able to see. So, these are the families that are walking into our doors. The unfortunate thing is Jeanna and I through and the partner with West Ada started talking about this and calling it the Meridian Gap, which is that Meridian has some very unique challenges and opportunities when it comes to really helping our most viable families and really making sure they can be stably housed for the long term. And what, basically, this means is, one, how do we i nvest in what we know works? And, two, how do we -- how can we serve every family identified by West Ada School District? Now, there is a lot of definition games that we -- that I'm not going to get into, so I would really encourage one on one conversations if we want to continue this. But a long story short, at the federal level -- at the federal level -- and this is something Sean and I talked about on a Meridian City Council Workshop May 10, 2016 Page 10 of 67 weekly basis -- on a federal level the Department of Education and the Department of Housing and Urban Development, had different definitions of what it means to be homeless. Now, that may sound like a lot of bureaucratic hoopla, but the people that get punished, unfortunately, for -- for this bureaucratic discrepancy are families. Basically due to mo st of our funding coming from one of the sources is of the 35 families that Jeanne identifies roughly every single year or roughly around a hundred people, unfortunately, we are only able to qualify about 12 of them and that's because we are -- because of this government game that we play and it's a very unfortunate thing, because if we believe that every family, every person deserves a home, then, we really need to be asking the question how can we serve these other families. If we know it's 3,800 dollars to end their homelessness, how can we invest in it. And that's really where Jeanne and I have taken on in our kind of new strategy is we are doing what we call a housing for all fund, which, thankfully, through the Whitney Foundation we just got an investment of 50,000 dollars and we want to keep building. It's basically this way of saying we need to get out of this bureaucratic game and serve families where they are today and serve them for what their unique issues are and really give them the rental assistance that we know works through a Housing First model. So, we see great successes through CATCH. We are really proud of our success. We are proud of the partnerships we have been able to build in Meridian and this is my way of say ing I would like to keep building. I'd like to serve every single family that West Ada School District identifies. Because as we know through lots of statistics, a child who experiences homelessness is five times more likely to be sick and miss school. So, if we want to talk about achievement gaps -- and I think one of the greatest gifts we can give these children is a home. So, I'd love to have, frankly, one on one conversations with members of the City Council or any of our partners to really talk about what this can look like, because I am very much open for ideas. You know, we have a lot of solutions, but I honestly want to hear feedback of where we should be or I should be. So, that's Housing First, that's CATCH, and I really appreciate the time. If there is any questions. De Weerd: Thank you, Wyatt. And just my thanks to Abby. She is so -- Schroeder: Yes. De Weerd: -- easy to work with, so encouraged by the support that CATCH does get within the school district and she is a delight. Schroeder: I completely agree. I will tell her you said that, Mayor. De Weerd: Thank you. Council, any questions? Bird: I have none, Mayor. De Weerd: Okay. Thank you, Wyatt. Meridian City Council Workshop May 10, 2016 Page 11 of 67 Schroeder: Thank you so much. Appreciate it, De Weerd: They saved the best for last; right? Compher: I sure hope. That's a pretty hard act to follow and it's a good crew here. And, Mrs. Mayor, thanks for the opportunity. Council. My name is Bud Compher. Also the good fortune of being the CEO and the director of real estate development for NeighborWorks Boise. Don't let the Boise get in your way here. We do a lot of things outside of Boise in Ada and Canyon county, but -- so, NeighborWorks -- there we go. Our mission is to lead in creative housing solutions and I hope here by the time I get through my project -- or the proposal and to show you what we have done with the funds -- one is being a report card. Two, give you an update of other services that we offer and hopefully at the end you will see how Meridian is interlaced through all the things that we have done. Our mission here is to lead in housing solutions on underdeserved population through strategic partnerships and contribute to building a stronger community. So, one of the things that really started this 34 years ago is Paint The Town. Paint The Town is unique in the sense that it started from a grass roots movement in the Vista area in Boise. Really did come from neighbors in the community helping community, neighbors helping neighbors. So, Paint The Town, as a lot of you know, you have to be a disabled vet or you have to be 65 years age young or older and part of that is just to provide opportunities for the community to come around and help. Our core mission is to provide affordable housing and you -- you know, putting a paint job on someone's house may not seem as if that's helping provide affordable housing, but last week as we interview -- we have 50 families that we will paint this year. As we go through that interview process one of them had been approached by their insurance company -- their home insurance company to say we need to do something here. You have -- you have paint that's falling off. Your moisture for weather is getting into your wood. In addition to that, she had some contractors come out, it's lead based paint, so now she needs to find -- figure out a way to do lead abatement and, then, figure out a way to pay for the house paint and it was just kind of one of those things that comes together at the right time and you can see that what we are doing is making a difference and we are keeping somebody back in their home. This is a home that is paid for and it helps on Social Security and is an opportunity there to provide some services. So, this is stuff -- this is what we have done with your investment here and so real quickly, over 3,000 homes have been painted for the last 20 -- last 30 or 40 years. Eighty-eight thousand five hundred volunteers. Thirty-nine thousand gallons of paint and 57,000 paint brushes and I won't go to stir sticks, because we have got it there, too. We have got it all tallied. But this is -- this is an opportunity that -- that, you know, you are all participating. In the City of Meridian we have done 20 homes in the last five years, so that is the contribution. Some examples of that. So, the 50 homes last year -- we had a hundred -- or 1,195 volunteers, but I want to draw attention -- can you see the slides on your screens? Okay. Draw attention to Harriett there. Meridian City Council Workshop May 10, 2016 Page 12 of 67 So, she was a fun story in that she came from New York, she was an opera singer, and wasn't sure what she was going to do with her home as it relates to the paint and so when Paint The Town came about she applied and she was singing with joy, I will just put it that way. Rake Up Boise is another one we do and I just want to drop a hat to say I know you have a Rake Up team here and to what degree we could be a part of that or come alongside the existing services, we would love to do that, by the way. Some of the things that we have done -- 800 yards last year and 5,000 volunteers and you can't miss the little kid there with his head buried in leaves. You get -- you know, you just got to jump in a pile once you -- once you have raked it; right? So, other things that we do revolve around housing as our housing ownership center. So, rental counseling, financial coaching, pre-purchase counseling, home buyer's occasion or foreclosure prevention. I will go into foreclosure prevention here in a minute. But to give you an idea -- you know, 57 percent of Americans or adults don't have a budget, 29 percent could not handle an emergency without their credit cards. Seventy-five percent of live paycheck to paycheck. Thirty-five -- 32 percent don't have a retirement and 37 percent of Idaho populations are at or below 80 percent of medium income. From our clients last year we had 63 percent of them were at low income. Repurchase counseling. So, this is something that most banks and including IHFA, Idaho Housing and Finance Association requires that you do a prepurchase counseling. So, these are just some numbers of those counseling hours. Seventy-one percent of those are a limited -- limited median income or low income and you can see -- I just want to draw a parallel, 2014 where we were at -- where we are at at 2015. It has almost been triple to quadruple the amount of hours, which is a good thing, but it also shows the need for counseling as it relates to home buyers. Home buyer education. We had 14 seminars last year. Eleven of those were English. One in Korean. One in French. And one in Swahili. And that's a fun one to listen to, I can tell you that. We have -- here in Meridian we did -- of those classes we had 21 home buyers that attended our course and their average area median income was 78 perc ent. The home purchases were 12. Counseling we did 13. And our mortgage defaults were three counseling sessions and I can report to say that those three that were going to lose their homes we were able to steer them out of a foreclosure through our foreclosure prevention courses. The rental counseling and foreclosure prevention. So, rental counseling was new for us last year. We had two -- and I will get into this -- 278 multi-family units and we do have a different philosophy as it relates to the multi-family units. They are low income units, but the opportunity there to -- what does rent mean? And how do you -- how do you quantify that to a budget and opportunity there just to show them what all of that -- what all that means and not just to pay their rent. But it also gives us an opportunity for those who don't want to be in a rental situation and can move their way out and into home ownership, that's really where our rental counseling comes into play. Twenty-one of those clients have gone through into our home buyer education course. So, it's -- it's two fold. You're moving them in and through the system into homeownership. You're also providing opportunity for others to come in and have home -- affordable rents. So, here is a stat of foreclo sure prevention. Last Meridian City Council Workshop May 10, 2016 Page 13 of 67 year we had 24 clients. Eighteen actually submitted their applications. Seventeen of those families avoided foreclosure and there is a list of ways that we did that. We did have one family that did end up having a foreclose -- have to foreclose on their home. The other things that we do are lending. So, this is really where the CDBG comes in and last year I will give some stats as it relates to the 50,000 dollars. Our lending provides mortgage loans in tandem with the first. So, for instance, a credit union would come in at 80 percent of -- of the home value, we would come in with the other 20 percent and gives us a hundred percent financing. That 20 percent comes in the form of the CDBG grants and helps that -- helps make that more affordable. If we didn't come in with a 20 percent, they would have mortgage insurance and could add another -- up 100, 150 dollars a month to their mortgage in addition to their mortgage payment. So, it gives you an idea in our lending department what we do. I wanted to discuss a little bit what it means -- we have talked about the different AMI levels and so really why it was -- was talking about this 30 percent of the loan and they do a wonderful job at creating opportunities of 30 percent. I m ean can you imagine living on 1,500 -- or 15,000 a year, it's just -- it is hard to fathom. But this is a one person household. It gives you an idea of what a 30 percent median income is. Our 50 percent of median income of one person is 21,000 annually and four person is 30,000. Low income is still there, but 80 percent and, then, our workforce housing at 140 -- 120 percent. Excuse me. So, NeighborWorks Boise fits and works in every one of these categories as it relates to the low income, a threshold crossing I will show you in a little bit. There is a homeless family home. Our multi-family fits into 50 percent. Our rehab that we do in new construction into 80 and, then, also new construction in the 120 workforce housing. But I wanted to give in context what the AMI's mean and how they relate. So, I wanted to share, too, with you a success story. This was a family that was on the street in 2013. Went through some of our counseling and spent a lot of time certainly cleaning up their credit, but Calley and Robert now own their own home and it's a part of the process that our CDBG funds bring to the table that we can allow that to -- we can bring that into -- into play in their life. For multi-family in Ada and Canyon county, as I mentioned, we have 278 affordable units. We also have a resident service program that pairs with that. So, every multi -family complex is different. Some we have high refugee content, some -- some not. Some -- so English is an important thing and hosting opportunities fo r community to come into our resident service or into our complexes is critical. So, last year we had 752 attendees at our National Night. That's an opportunity for police and fire to come in and get to know residents. Other new community partners are mentioned there. Gates of Hope. Basketball programs. We are doing robotics as kind of new one this year and we are all excited about that, so are the kids. And 800 resident service programs and a list of things that we do, including teaching English and the summer lunch programs. Resident service. Our pipeline -- we have had about three of them, with Diane as our counselor and is doing a wonderful job. A new one also was youth ranch vouchers. So, that was an opportunity for the community to give clot hes -- the likelihood that they wear what I wear sizewise is probably not very likely, so for us to give those to the Meridian City Council Workshop May 10, 2016 Page 14 of 67 Youth Ranch -- and they give us vouchers and, then, we can hand that to the tenants, those in need, that gives an opportunity -- that's a hand up, not a handout. They can go out and get the clothes that they need or the shoes that fit them and those types of things and the pride of being able to pick those, we were really excited to add that to our programs last year. So, I mentioned this earlier. Threshold crossing. This is really where CATCH and the wrap around services come into play. They provide opportunity for families to specifically delve into their needs and what are the plans that they have to have. Dianna Watson with the Housing Authority, they also manage this for you -- for us. So, that's a part of -- if you would, the links that come together, but this is a property that's specific to homeless families. You cannot be in it unless you're a homeless family and an average rent last -- last month, for instance, was about 120 dollars. There has been as low as -- as low as 30 dollars. So, the gap between those two is really where the grant funds come in to help provide opportunities for them to continue to be in the home. We have a rehab program. Here is a couple of examples of homes in Meridian. Before and after. Not near the list that Dianna had, but it's a small impact and it's a little bit -- every little bit counts. A single family development is an area that we are diving into and kind of coining at the pocket neighborhoods and so here is a couple of the neighborhoods and what they would look like. This is just an opportunity for the home -- for all the homes in the subdivision to -- excuse me -- the front doors in the subdivisions are all facing towards the center courtyard, so it is a higher density. We are at about 12, sometimes even 14 homes to the acre. We have five different pocket paper hits. One of them we are completing this year and these two -- the large one here, Village Oak, is about halfway done. Here is a 3D rendering of what a pocket neighborhood looks like. And, again, all the front doors face the outside -- or the inner courtyards. Around the edge are some smaller cottage homes. Now, these were mixed income. So, this is -- you have your 80 percent and even as low as 60 percent to 120 percent workforce housing. Here is an example of what they will look like and here is an example of what they do look like, so -- with your center courtyard. Affordable housing, as you know, is getting farther and farther away from the core of the neighborhood and this is just an example of how far you need to go out to find affordable housing and how the players you have here at the table gave -- can bring some opportunities into the core of your neighborhood. This week in Meridian average sales is 285,000 and you can see that trend. You have had ups and it has had downs, but it's still continuing up. So, imagine either in the 30 percent -- or 50 percent or 80 percent trying to make that number work, 285,000 average median price -- sales price. That's the -- that's the difficulty we have and that's why the funds that you designate are so critical to keeping affordable housing in Meridian. Lastly, just a quick snapshot of how all these programs work together, the five programs, and very thankful for the time that you have given me and hope I have stirred your interest in some ways, but certainly a report card to say thanks for all the help and support that you have been. Thank you. De Weerd: Thank you, Bud. Council, any questions? Meridian City Council Workshop May 10, 2016 Page 15 of 67 Bird: I have none, Mayor. De Weerd: We appreciate the informative -- informative presentations. Very much so. Well, thank you each for joining us. We appreciate that. And you don't have to stay for the rest of the program. B. Citizen Concern by Rick Horvath in Regards to the Backflow Device at his Home Located at 4075 E. Driftwood De Weerd: Okay. Item 5-B also is a request from a citizen. Is Rick here? Horvath: I made some copies of a letter -- and, I apologize, I only have four. De Weerd: Okay. You can present it to the City Clerk and she can make sure we get some. Thank you, Rick. And if you will state your name and address for the record. Horvath: My name is Rick Horvath and I live at 4075 East Driftwood Drive. My wife is back there in the blue. De Weerd: Thank you. Horvath: And with all these worthy causes I feel like a fly in the ointment here, so I don't know quite how to begin. I will try to make it as clear as I possibly can. We just became aware of this situation about a week ago. We live in a home division called Westdale. It's on the Meridian side, but it's really on the cusp between Boise and Meridian. Half of the street is on the Meridian side, half of the street is on the Boise side. We have irrigation. The other half of the street does not and that seems to be the impetus and the cause of where the confusion came from. We had a device that had been installed wh en the house was built about 15 years ago. It was an alternate system for water provision from the City of Meridian that was never used. We strictly used irrigation and use our water obviously from the City of Meridian for bathing and for drinking purpos es only. About eight or nine days ago we were informed through this letter that I think -- does the Mayor have a copy? Is that -- De Weerd: It's in our packet. Horvath: Okay. Okay. Informing us that we needed a backflow test on the apparatus that also housed the filtration -- not the filtration, but the water -- alternate water provision in the City of Meridian. It said nothing about removal of that system, but the City of Meridian said we needed a back flow test. So, we went ahead and had a licensed backflow judge come out. He, then, told us that he failed it because of it was not high enough. And this is -- for ten years we Meridian City Council Workshop May 10, 2016 Page 16 of 67 have lived in the home, we have had no problems. We have met our payments on time. Everything has been perfectly fine until about eight days ago and, then, we were told by the water department that we had to remove that system at our cost. We were a little dumb founded, because we were -- we had never had any kind of prewarning at all from this. We received nothing. No notification. In the nine years or ten years since we have lived at the home. So, we called the Assured Quality. Assured Quality is the water sprinkler system we have had for ten years. They have been very good with us and for us. Very reliable. And they told us -- they had to report us for having the system which I guess a code has been in place in the City of Meridian that now says these filtration systems must be removed, because of the damage or the potential damage to contamination with a conflict of the irrigation and the water system. We were never aware of that. We never received anything of any notification. I, then, called the water company again and talked a young man named Tyler. Tyler was very nice. He came out to the house and he did supervise the removal of the system, which we felt -- which we had to get and I asked him point blank -- I said why did not -- why didn't we receive any kind of notification of this system if the City of Meridian didn't know that I had that system in place to begin with and he said, well, because he and the water company individual I talked with said that because you are on the cusp of Meridian and Boise there was some confusion and we said we did send out a notification about three or four years ago -- or up until 2014 that the City of Meridian would remove those systems at their cost. That's what I was told. At their cost. I removed them free to get them, so you would actually be in line with what the code -- and, I'm sorry, I don't have the code's number. That that would be now -- you would be, for lack of a better term, on the good side of the code and that that no longer would apply to you. So, at a cost of 350 dollars. We have had to have that removed at our cost. Fortunately, hours -- literally hours before they dug a five foot hole they had split two irrigation hoses. That had to be repaired. And, then, if you remember that deluge we had three or four days ago. Had that hole not been within the time, we would have had major flooding in the home, as well as on the property. Fortunately that did not happen, but it seemed to be totally unnecessary and I think the problem is I -- although I respect the code and I am supportive of it, that there was a lack of communication between the City of Me ridian and our home and a couple of other homes. There is just a handful of homes that are in this black hole so to speak, that have had to incur the cost by themselves for this removal of the system. When -- I'm just going by what Tyler told me. That three or four years ago that the City of Meridian did say through a notification, which we did not see, that they would dig it up at their cost. So, I just -- the reason I'm here is to simply ask urgently is if the City of Meridian could help defer some o f the cost of what we had to pay for the removal of this system, which we knew nothing about and which we knew nothing as far as removal up until eight days ago. That's all and that's what we are asking. I was also the vice-president of our home division two or three years ago. So, I -- we just had a meeting last week and I told them about this and they had never heard of a system like that. So, I don't know if that applies or not, but I just -- I talked -- talked it over with everybody at the meeting Meridian City Council Workshop May 10, 2016 Page 17 of 67 and they never seen a system -- or an apparatus like that. It was hard to describe and I'm certainly not an artist. So, that's where we stand. We -- 350 dollars is 350 dollars and the crux of the matter is I'm saying it's communication. I'm a stickler for clarity and I'm sure all of you are, too. So, that seems to be the problem that there was not clarity here. On the case of the few homes where this system was put in along with the irrigation, like I said, it applied to just a few homeowners and, unfortunately for us, we were given the joker in the deck and had to apply that cost to ourselves and I'm just requesting that the City of Meridian just cure some of that -- procure some of that cost themselves for a -- given the fact that we were really blind sided by this. Had we been -- my wife has been in banking for 30 years. Had we been notified of this years ago we have already said City of Meridian dig it up or if it would have applied to us in plenty of time at least we would have been aware of it. W e were not aware of it at all until about eight days ago and that's why I'm here now. De Weerd: Okay. Council, any questions for our citizen? Bird: Madam Mayor? De Weerd: That's Horvath? Horvath. Horvath: Horvath. De Weerd: Horvath. Thank you. Horvath: Give it about a week, I think you will get it, so -- De Weerd: Kind of like my last name; right? Mr. Bird. Bird: Madam Mayor, I would like to let the water department show their little slide they got on backflows and why we have to have it and, then, I will have some discussions with Mr. Horvath. De Weerd: Okay. So, Mr. Horvath, we don't have any questions right now. Our water superintendent has some information for Council to bring them up to speed about this -- our backflow prevention program and we might have some questions for you at that time. Milam: Madam Mayor? Sorry, I do have a question. De Weerd: Mrs. Milam. Okay. Milam: Sorry. My question for you is why did you not come see us before you had it removed? Or what was the urgency I guess in having it removed -- Horvath: That's what I -- Meridian City Council Workshop May 10, 2016 Page 18 of 67 Milam: If you came to see us and said, hey, you were removing it -- to remove it, it seems that would have been -- Horvath: Because we were -- it was almost inferred to us we had to get it removed right away, because of not only that, the notification that's in that letter also stated that if we do not have a back flow check on that system our water would be turned off. The implication was that it was serious and that i t had to be removed forthwith and that's -- that's why we had to have it done and -- but that was the impetus for us to get it done immediately, otherwise, we would have waited. Like I said, we were trying to absorb all this within a week and so we had to make decisions pretty quickly and that's why we had to make -- to have the decision removed -- have it removed by Assured Quality. Otherwise, we would have waited and I would have waited until I saw you, but I -- I figured, my goodness, we better get his done and get it done quickly just because of the way things were being framed and the inferences that were being brought up about the danger of that system in place with contamination and you better get it removed, so we did. De Weerd: Thank you. Horvath: We are trying to be good citizens. De Weerd: Any other questions at this point? Okay. Horvath: Thank you. De Weerd: Thank you. Teller: Good afternoon, Madam Mayor, Member of the Council. De Weerd: Hi, Dennis. Teller: Can you hear me? De Weerd: Yes. Teller: I usually talk pretty quiet. First off, I would like to thank Mr. Horvath for his expediting the removal of this assembly and seeing the importance of getting it removed. In this particular instance he was actually up for a backflow test and that is how it was discovered that there was a dual connection and -- so it was one or the other. It was something that we could work with him on on time frame, but I do again appreciate his expediting this and taking it seriously and doing it as he so demonstrated. But this topic coming up has brought to the forefront something that we haven't talked about in a little while and that's our backflow prevention program. It's been about there or four years since I have been in front Meridian City Council Workshop May 10, 2016 Page 19 of 67 of Council updating you of its progress and where it's at today. So, I thought I would take a little bit of time. I brought some slides. And kind of go through this and kind of show the background and the history how this program has evolved and where we are today. So, first off, what is backflow? And, basically, there is just -- there is two types of backflow. One is back siphonage, the other one is back pressure, and they are pretty much exactly how they -- how they spell out. Back siphon is a loss of pressure or vacuum within our water system. So, that's caused only through main breaks or fire flows. When we have large demands on the system it can actually trigger a lower pressure. So, if you can imagine you are in your home if you have got a hose that's in a sink or a hose that's outside in a tree well, if we have a low pressure situation like that and no backflow prevention it can actually siphon whatever is in that sink or whatever is in that hole, back into our water system into the home. It can cause people to get sick. If I get it seem to go. The other thing we have is back pressure and that's basically when we have something on the other side of our water system that is pressurized beyond the -- the pressure of our normal water distribution system, a lot of high rise buildings, the higher the buildings get the more the pressure rises at the bottom and they have also got booster pumps in to take of the fire flows inside the buildings. And there is two other ones and these are important to note is pressurized irrigation and private wells. These are -- these are an example of back pressure, but they are also what we consider -- they are called cross- connection or a dual connection and the importance of these, which we will kind of talk to about -- through this presentation is these are ultimate sources of water that we can't control. So, we cannot control the quality of a well, we cannot control the quality of pressurized irrigation. That's normally ditch water that's got whatever it's carried throughout its -- its system to get to your home. So, that's -- that's something that's very serious to us. Some of the health risks of backflow. There is chemical risks. There is pesticides, like I mentioned earlier. If you have got something out in your lawn. Fertilizers. Cleaning agents. Any of those things could be reversed load or pushed back into our system. Other things are the biological risks. That's something that's -- that's more prevalent with our pressurized irrigation systems. E-coli. Cryptosporidium. You have heard of those things in the news. They are very dangerous and very serious to public health. Just to kind of give you an example of some instances that have occurred, in 2009 the city of Eagle actually had a situat ion of backflow. Had an E-coli breakout with a boil water notice and it actually turned out to be a dual connection is what caused it. They had an interconnect with a pressurized irrigation system. From what I understand, the homeowners removed the assembly during the wintertime, so it didn't -- they didn't want anything to freeze and they installed it again in the spring. When they installed it they put it in backwards. The pressurized system actually had a higher pressure than the distribution system and it pushed irrigation water into the potable drinking water system. Another thing that -- that came up on 1990 in Brighton, Colorado -- they had an unprotected boiler that allowed antifreeze to enter the distribution system. That actually made it to a school. They had several students there that were -- actually had to be treated for glycol poisoning. Very serious. Important. And, Meridian City Council Workshop May 10, 2016 Page 20 of 67 then, another thing that -- that's a little bit closer to home -- I realize it's been quite a while ago. It was in 1973 Meridian, Idaho. Had a situation where a fire suppression system contaminated parts of the city's water system . It did not have a backflow prevention device and this is something I have heard about. I haven't seen a lot of documentation, but our cro ss-connection inspector actually went to a conference in California this year. A gentleman there, who has been in the industry for quite a while and well known and highly recognized in backflow certification specialist, saw the shirt we had on and said Ci ty of Meridian and actually recalled this and told them all about it. So, this is something that was national at the time. So, pretty important and serious in nature. So, how do we prevent backflow? There is a photo here for backflow prevention, the sa me one that you guys have seen around town. The majority of these are in our commercial buildings. They are usually in fire rooms or somewhere away from the weather and elements to prevent them from freezing and keep them safe, but they are usually installed in commercial buildings, you find them on our fire line system, so you can imagine a fire line system within a building, they sit stagnant for years on end. Something that we want to keep that water within that building and not in our distribution system. We use them all around for parks, irrigation services and also at homes, residential homes that do not have access to pressurized irrigation. So, if there is no PI to a home that's in the City of Meridian and there is about 20 percent of the homes that don't and they use potable water for irrigation, we require an RP to be -- or backflow prevention to be installed to protect anything that's on their premises from getting back into our system. These are also required to be tested annually. So, a li ttle history about our backflow prevention program. In 1981 city code established our cross -flow program for the City of Meridian. That's when it was established that all tests would be conducted and paid for by the homeowners. The program was modified in 2005. It wasn't achieving the compliance that we needed on testing, so what was done is we instituted a rebate program for testing and so the city basically agreed to pay for all private assembly testing at that particular point trying to improve the testing compliance. What was actually realized with this initiative is our costs escalated. We were paying about 300,000 dollars a year to have assemblies tested throughout the city and our compliance was still about 60 to 80 percent. Realizing this, in 2010 the program was amended again by City Council, trying to get the compliance up for our testing and also the realization of connections was kind of coming to the surface at that point during the late '90s and early 2000s. Dual connections with PI systems were not called out in a separate form from our normal potable water backflow assemblies, so they were installed. Sometimes they were permitted and sometimes they were not and so there was a huge charge to get those things removed. So, part of this amendment was to get these removed at the cost to the city to relieve that burden from the citizens. So, the 2010 changes, like I said, to remove the reimbursement assistance, one of the things we realized was the city paying the testers were charging the city 75 dollars per test. What we did to eliminate that and kind of put some incentive against this was we initiated a ten dollar credit, so if someone were to get their test done on or before the due date each year we Meridian City Council Workshop May 10, 2016 Page 21 of 67 would put a ten dollar credit on their utility bill and this competition -- we actually saw the test for the testers go down to about 22 dollars. I think this year we are about 23. So, that was a ten dollar credit cost to the citizen to have their back flow tested and also we -- we also instituted a little bit harsher enforcement. We treat our back flow assemblies just like we would treat any utility bill, if you don't get your test completed we do execute -- well, not execute, but we -- we institute a service disconnection if they are noncompliant. Another thing that was changed -- this was our dual connection removal program, so we established the requirement that all dual connections would be removed and we would provide up to 300 dollars a system to get them removed. If they were perma nent we would provide whatever systems needed to get it removed and we found a few of those that needed to be done. Another thing with the 2010 changes was provide a robust outreach program, because we knew this was going to be a big change for our public and citizens. So, the outreach developed. We did a campaign that initiated early in 2011 and what we -- what we, basically, put together was pamphlets and information on our programs, it's changes, the importance of our backflow program. It's not something that's widely talked about, so we definitely wanted to get that out in front of everybody so they understand the purpose and the importance and severity of backflow prevention to our system. We talked about the dual connection removal and reimbursement info that they would be looking at. The testing compliance incentive that they would be realizing and they still do today and, then, frequently asked questions. So, our outreach began in 2010, actually, before adoption of the -- the amended code and we basically started with reaching out to HOA's that we knew had dual connections within their subdivisions. We met with them several times. One of the ones we did meet with was Meridian Greens several times, because they had quite a few of those. Then after adoption in February of 2011 to June of 2011, fliers were sent off to all customers in their utility bills. These fliers explained everything I talked about in the slide previously, all the incentives, the importance of it, what to do, who to contact. We also created a press release and distributed that. Letters were sent directly to homes in the subdivision that we knew had dual connections so that we could touch them directly with individual letters as well . We included all this information in our consumer confidence report for the first couple years in detail about dual connections and we still do today. We posted all the new information on our website and we socialized at Public Works Week and several different events like Dairy Days and others that year. So, outreach efforts -- we still continue to reach out and let everybody know about this. We have got it up on our website. We have put it in all of our annual consumer confidence reports. These reports are mailed to all of the homes within our service area, including county areas. We definitely want to make sure that we get this off to everybody that has got private wells. It's important for them as well. So, approximately 34,000 of these have gone out each year to our customers. And th e results of our program to date with the amended changes of 2011. During the assistance, which lasted between 2011 and 2012, 331 dual connections were removed at the city's cost and since then 69 have been removed, for a total of 400 to date. Our compliance has increased from 60 to 80 percent to now one hundred percent. Meridian City Council Workshop May 10, 2016 Page 22 of 67 So, we have got full compliance on all known backflow prevention assemblies and we have reduced our program costs by 84 percent like I said earlier, it was costing us almost 300,000 a year, we are down to around 50,000 and the ten dollar incentives that we pay annually. And just so going forward we are going to stay proactive. We are going to continue to enforce our testing compliance, as we always have when we find dual connections, wh en we are actually proactively out there surveying properties to locate these. We are getting those removed. And we are going to insure that development -- all new and tentative improvements our property designed so we have got proper backflow protection going forward when they construct these facilities to protect our system. And with that if you have got any questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Well, I have a home and I have been paying for the backflow testing for about four years and I didn't know I get a ten dollar credit, so I want my 40 dollars back. Bird: It's your own fault. Milam: Didn't know about that. Teller: Yeah. That is something that we do -- if it's done on time you should be receiving the -- De W eerd: Maybe that's what happened. Teller: Yeah. We will have to go check that. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I think these are rentals and people who pay the bills get the ten dollar credit. Milam: Probably. Bird: Yeah. But they are getting the ten dollar credit on their bill. Also our savings of 84 percent helps our water rates stay down to some of the lowest in the valley because of it -- because of the savings and stuff. I just wanted to point that out. Teller: Yes. Thank you. Meridian City Council Workshop May 10, 2016 Page 23 of 67 Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: So, I'm trying to understand this. So, these are installed where the home that say sprinklers are connected to city water, not irrigation. Teller: In Mr. Horvath's instance it's where it's connected to both. So, he has pressurized irrigation as his primary source for irrigation water and there is a connection between potable water and his irrigation system. So, if there is a short water season theoretically potable water can be used as shoulder makeup water and if it seems a good idea we have ran it a lot of situations where it actually works opposite for the customers. If they don't realize that pressurized irrigation is off or there is a problem, it kind of goes the other way and they end up with enormous water bills because their system -- our system is now feeding the pressurized irrigation system for all of their neighbors. So, if you can imagine it's just -- it's a sharing of water that we do not want to introduce into our system. De Weerd: So, when you went out with the original outreach, how did you find those that had the dual connections and you show that there were 69 or some that have been done since. Were those people originally not notified? How did they fall through the -- the cracks? Teller: Madam Mayor, that's a really good question. When we first instigated -- or implemented this program we targeted all of the known -- we have had somewhat good maps from the irrigation system, so we can kind of see whe re their areas and their facilities are and a lot of these were in their front yards, so they were something that were easy to see. The 69 that we found later on were actually through proactive surveys of properties. Tyler actually goes out door to door and -- and goes out and inspects the properties. A lot of the homeowners don't realize that they have these. A lot of them are buried or underground. They are in backyards under bushes. They didn't buy the home originally, so it takes a proactive look to go out and find these. One of the ways that we find them is if we drive around outside of irrigation season and see people watering their grass. That's a good telltale sign to find out that they have got water that they are not supposed to have. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Dennis, would you also like to explain why your single source is potable water and you still have to have a backflow for your sprinklers? The only thing you got on your sprinklers is city water. Meridian City Council Workshop May 10, 2016 Page 24 of 67 Teller: Correct. Bird: But you still have to have a backflow. Teller: Correct. Correct. Councilman Bird, to explain that for you, it's no different than a commercial property. What we want to do is prevent anything that you're doing that's connected to our system on your side from backing up into our system. So, if you have an irrigation system, if you are an amateur photographer and you have got all the dyes and chemicals for photography in your home and you have got hoses and stuff submerged within si nks, we don't want that water to come back in. So, that protects our system the same way as anything else. That's more for a back siphonage than a back pressure situation, but we do want to make sure that we have got that in place to protect our system. Bird: Thank you. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: So, then, I think that's where I was going. Because at my house my sprinklers only run off city water. So, the bill is wonderful, but my grass is green. And so do I get these in the mail or does that come with my utility bill that never gets looked at, because I do it paperless or -- because I'm lived there a year and a half. I don't know if I have ever received one of these and I have certainly never paid for a test. Teller: Okay. Councilman Palmer, that's something that we will look into, but you should -- Palmer: You're not a hundred percent. De Weerd: You may have to be doing the same thing that's in front of us now. Palmer: And are they all -- do they all look like that where it comes out of the ground -- Teller: No. No. Some of them are on the ground, some of them are -- you will see them under just a green irrigation cover in your yard. Some are buried. Some are just not there, so -- Palmer: Well, I will certainly -- Teller: That -- and that is why we do proactive surveys. That is why it's our mission to go out and identify these, because a lot of homeowners do not know and if we don't know you might not receive a letter like that. But those do g o out Meridian City Council Workshop May 10, 2016 Page 25 of 67 to the specific homes annually. We do it normally through our -- our irrigation season. We have got three or four months throughout the summer that we -- we send these out and instigate the testing. De Weerd: So, when you find these situations like with Mr. Horvath, what -- what do you do? Do you work with them? Do you give them time? What are their options? Teller: We work with them. When we find these we understand that they might not realize what's going on or what the -- what it's even all about on a lot of these things. They don't realize what they have. And so we will work with them, as we have worked instances where if we find one in -- in October there is a lot of things you can't do when the ground is frozen, so we will hold off until spring. We know they are not going to be using any water at that particular time, so we will do whatever we can to -- to make it as easy as possible. A lot of the testers will -- are removing -- plumbers will actually work out payment plans with them if that's something that is needed to be done. So, we definitely will work with them in any way we possibly can. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: So, then, in situations like his we are requiring they be removed or just -- working properly and inspected? Teller: For his in this particular instance there was a backflow prevention, something that we thought was like your home, we thought it was supplied by the city and it needed to be tested. The tester actually went out t o test it and found out that it was a dual connection with pressurized irrigation and he brought that to our attention and said this needs to be removed. Palmer: So, all dual connections need to go? Teller: They need to go. Yes. The only -- but there is one caveat that -- so you understand is we do allow dual connections and we call them a single point connection and, basically, what it is is one assembly that will back feed say a subdivision and it will supply water to their irrigation line and the purpose of that is we don't have 500 of these assemblies out there that can go wrong, we have one that we can monitor, we can control, and reduce our risk. But it still gives the convenience of shoulder season water if they do need it for our community. Palmer: Madam Mayor, follow up? So -- and it may have been in your slides. Do you have a -- a guess as to how many of these exist? Meridian City Council Workshop May 10, 2016 Page 26 of 67 Teller: Our initial thoughts when we started this program in 2011 was 1,900. That's what we thought we had out there. We are not seeing that many, which is great, but, as I said, we have seen 400 at least to date, so -- we are finding about 15 or 20 a year right now with our program. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, for I guess some additional context as well, in reviewing the ordinance -- I mean the ordinance has been in place, I think as Dennis said, since 2001. So, it has been -- the requirement of all property owners to either eliminate these dual connections or have it tested, whichever one it falls into -- so, it isn't new. I mean the -- the program that the Council authorized in '10 and '11, was really to create some impetus to get it accomplished, because they found the -- the system that was existing wasn't getting these things done in a timely manner. So, the requirement that the property owner is responsible for isn't a new requirement, it's existed for 15 years. Additionally, just for -- and since 2010 or '11 I know my office hasn't received any complaints or concerns -- now maybe -- I'm sure Dennis -- the department has. We did have one tort claim last year in 2015 from one property owner in regards to almost the identical issue and we did some investigating, because we were unsure and they did deny it, because our ordinance, again, requires the property owner to replace it. So, it isn't something that the city has a financial responsibility for, because it is the owners, so just wanted you to know. De Weerd: Any questions for Dennis? Thank you. Teller: Okay. Thank you. De Weerd: Council, any questions for Mr. Horvath? Bird: Yeah. I'd like to ask him a couple questions. De Weerd: If we can ask you to come -- Bird: Come back up. De Weerd: Thank you. Bird: Mr. Horvath, I take it you have lived here in this house for -- Horvath: Ten years this July. Bird: -- ten years and do you rent or do you own? Meridian City Council Workshop May 10, 2016 Page 27 of 67 Horvath: No. We own it. Bird: Okay. So, you -- you receive all of the utility bills; right? At your -- your address. Horvath: At the home? Yes. Bird: And you pay monthly? Well, back in -- when we were doing this it went out in every utility bill and I -- I have -- I feel sorry for you, but I don't know how -- why you expect our use -- our fee payers -- and us all being up here have been -- to help compensate you for something that should have been done a long time ago, that -- and I can't believe that you didn't get the same letters that we received regarding this. Horvath: Well, sir, the only thing I can say is it turns into a he said he said type of thing. That's all I know. I mean if you look at our record as far as paying bills, the water bill we have been -- Bird: I don't doubt that at all. Horvath: And we -- the only thing I can say is, you know, we are a single homeowner. I'm telling you what we know. All right? That's all I can say is I can stand before you and tell you what we know as just one owner of a home that has taken care of that home, that has paid the bill -- that have paid the bills on time, regardless of what they are, and all I can say is had we known that this system -- first of all, it's taken me almost an Herculean type of observation to learn about these apparatus, what they are for, how they work. I'm not a home improvement man like many of the rest of you probably are, so to me I -- I try to just absorb what people tell me and the water company -- the individual -- I'm not here to get anybody into trouble, I'm just told that when I talked to the water company individual that answered the phone, told them my situation, from day one ten days ago I was told there was some confusion here with some of the homeowners that this situation arose with a very minute number of people and that people -- that we were just trying to understand it and that Tyler -- very nice young man -- told us that up until 2010 that the city was taking care of that. Now, I can understand from the attorney's standpoint, obviously, if the code is in place, then, it's a black and white situation and in that sense it's checkmate. But I'm just telling you what I'm -- we are coming from when -- we are set up as we have certain time frame of eight or nine days that this is in place. We didn't know it black and white. It should have been made crystal clear. I'm say ing it wasn't. Now, I -- like I said, this is my word against everybody else's. You're going to draw your own conclusions. All I know is where we stand and that's why I -- I appreciate the time that everybody gave me -- gave my wife and I, but I just felt for anything else -- like the gentleman just said, there was a little lack of clarity on the 69 homes. The code, obviously, was in place. We -- we have not been here -- we did not buy the home when it was new. We purchased the home ten years Meridian City Council Workshop May 10, 2016 Page 28 of 67 ago. Okay? And Assured Quality -- they saw the apparatus. They weren't -- they said it was some kind of an alternate system, don't worry about it. Now, that's -- that's what we were told, so we haven't worried about it. We have a very nicely landscaped yard. We take care of our place and so I just felt this had to be brought before somebody. Now, if we have to incur the cost now, so be it, but I'm still -- I still feel there is room for someone to understand where we are coming from. Like you say, you can f eel sorry, but there is nothing I can do, and I'm old school, and I think it comes to more of a situation where it's more than black and white, that there are some -- let's say subjective things that have to be taken in place here. I'm not here to take anybody's money. I'm not here to take advantage of anyone. But I am here to be vocal. It's just this -- is one person and a family and a homeowner, just to let it be known that this never -- never happens again to anyone, just for the slightest amount of confusion and nonclarity, that this does not happen again. That's all I'm saying, so -- De Weerd: Thank you. And we don't want to see it happen again. It was -- I think the biggest challenge is some of these were not permitted so we don't know where they are. Horvath: That's exactly right. De Weerd: Did you -- so you have been doing your backflow test every year? Horvath: No. No. De Weerd: No. Horvath: We haven't had a backflow test in -- De Weerd: How on earth did we get him a letter? How did we know he needed a backflow test if we have never had him test before? Is this one of the -- Tyler drives around and finds who is watering their yard? I mean I'm trying to understand the request, because I -- I certainly understand the frustration. Horvath: Well, I appreciate that. Thank you. De Weerd: I do. Teller: What we understand is Assured Quality last year -- I believe they have been dealing with your home -- Horvath: They have been dealing with the home, but the backflow is something -- they just turned the sprinklers on and changed a couple of the heads. That's all I have been told. That's where I'm -- De Weerd: Oh. Meridian City Council Workshop May 10, 2016 Page 29 of 67 Teller: They brought that to our attention that it needed -- there was an assembly there, so he tested it last year and, then, this year when it was set to be tested again that's when the dual connection was discovered. Bird: He did get the backflow letter -- he did get a testing back -- excuse me. Horvath: I wasn't aware of that. Like I said, we have been here ten years and that's the first one I mean now I'm even aware of. I kind of let them go and they do their thing, they put up the -- they test the sprinkler system, if there is a head broken I say go ahead and fix it and that's some of the times when I'm not even there. And so when we get the bill it's -- it's for turning the sprinklers on, changing some heads. That's all I know. Okay? That's -- that's where I'm at. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Dennis, he would have got the same letter we got, wouldn't he, this year? If he had it tested last year by his contractor? De Weerd: Yes. The -- Bird: No. The one telling you to test. Milam: Madam Mayor? De Weerd: Yeah. This was his notice to test and this was triggered because of Quality Assurance told you -- Teller: That there was an assembly there that needs to be tested. We put that in our database and, then, that -- Bird: Okay. Teller: -- from there on we would check it. Yeah. De Weerd: And you just thought you were testing a backflow, not -- you didn't know there was a dual -- they didn't tell you there was a dual connection. Teller: That is correct. It was the same as Horvath's property there, yes. De Weerd: All right. Milam: Madam Mayor? Meridian City Council Workshop May 10, 2016 Page 30 of 67 De Weerd; What was the ownership of our -- our testing companies? I mean they -- they know what they are testing. Teller: That is correct and that is something that we have met with our testers and our -- our testing community actually as early as a couple months ago to remind them of this, because they are always in a hurry, especially this time of the year and they are always just testing. We had brought it back to their -- their attention that they need to be aware and actually observing th ese properties while they are out doing this to bring these things to our attention and that's why -- De Weerd: So, you found out last fall. Do these send a list of who all they -- they tested for backflow? Is that how these are found? Teller: The testers will send us a copy of all the tests that they perform. De Weerd: And do they get the rebate? Teller: No. Our customers get the rebate. De Weerd: Okay. Thank you. I was just about to be incensed about something else, too. Teller: Yeah. It's the tester's responsibility to submit the test, even though it's the homeowner's responsibility to pay for the test and have it done, so -- Milam: Madam Mayor? De Weerd: Yes. Milam: Just a couple of things. Mr. Horvath, I really do feel for you. I was -- actually, on my property I'm saying irrigation -- the irrigation district was billing me even though I don't have access to irrigation and I had to actually pay them to get them to remove me from their billing list. This letter -- it was dated April 4th. It was sent to you by Turner Backflow, so -- which is like 36 days ago, not ten days ago. I mean I understand maybe you just had the backflow tested, is that what -- Horvath: No, I'm not talking about the backflow, I'm talking abo ut the removal of the system. Milam: Removal of the system -- because you found out about that. Horvath: Yes. Milam: But the original letter -- Meridian City Council Workshop May 10, 2016 Page 31 of 67 Horvath: Oh, this was sent out -- yeah, we -- Milam: -- was the beginning of April. Horvath: Yeah. We paid it forward in late April. We said we better get this done. Milam: Okay. So, you kind of made it -- Horvath: Oh, yeah, we made it on that, but we did not -- we found out that we had to get it removed about ten days ago. Milam: Okay. Madam Mayor? I guess my other question would be -- and this isn't for you, sir. I don't know -- for legal or -- if we were to do any kind of help for him what -- where does that leave the other 69 people that paid for it themselves? Does it set some kind of a precedent for anybody in the future going forward? Nary: Yes. Milam: So, does it put us in a really bad situation as a city? That would be my only concern. Nary: Madam Mayor, Members of the Council. Council Member Milam -- so, as I stated earlier, the Council in '10 and '11 had a very lengthy discussion. Mr. Dees was still here with the Public Works Department at that time and, basically, it was his idea to sort of jump start this program to get this done as quickly as possible, but the Council is specific at the time that this was a very limited thing. I mean, essentially, a -- and it's probably not the right term, but it was like that. But it wasn't meant to be forever and -- because if that was the case, again, the cost of the program would not go down, it would go up. I mean the city would incur the cost for every one of these properties and, again, the feeling was it was already the responsibility of the homeowners, but it wasn't getting done and so this is just a way to get it done on a short-term basis, provide some incentive to do it, but you're correct, if we were to grant Mr. Horvath's request I wouldn't have any reason not to grant every single person's request from this point forward. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Question for staff. So, at the time that the device was installed it was within code and legal; right? Teller: Councilman Palmer, at the time it was installed it would not be legal. We don't allow dual connections. Meridian City Council Workshop May 10, 2016 Page 32 of 67 Palmer: So, it's never been allowed? Teller: No. A majority of our dual connections that we ruled were not permitted. The contractors installed them as a nice end to their -- Palmer: So, that would have been my -- that was my mental argument to justify reimbursing it -- for example, in my house -- it was built in '84 and you didn't have a big barrier in the crawl space whereas now you do. It's still not there and there is nobody coming saying you have to move out of your house, because it's not there. But had that been the case, you know, from Mr. Horvath, then, I feel like we would have changed our code, then, we absolutely should be reimbursing, but if it wasn't necessarily legally installed in the first place, then, unfortunately, it looks like you had many years of a longer watering season by being able to connect to the city, but it doesn't make sense to start reimbursing them I don't think. De Weerd: We appreciate you coming and -- Horvath: Well, I'm sorry I took up all the time here, because I know there is a lot of worthy causes, but it's something that -- if anything is accomplished here, then, this gray area will never happen again. That's all I'm saying. There has been some confusion. I feel bad for the 69 other people that have had to draw the Old Maid, but, like I said, these type of things should be taken up for charitable causes, like these people back here, the people that just spoke, but if there is any gratification, like I said, it never -- this should never happen again to an individual or to a collective amount of people. That's all I'm saying, so -- De Weerd: Well -- and I would -- I would agree with you. Unfortunately, as has been stated, many of these have been illegally installed -- Horvath: We had no way of knowing that. De Weerd: And that's where we are. We have no way of knowing who and where they are until it's -- it's brought to our attention. And so that -- I agree that is a gray area and maybe we can look at our policies on when it's brought to our attention how we can give a timeline to have these improvements done. So, if the homeowners feel that it's something that has to be done immediate, they can -- we can have someone walk them through the process and I don't know if that would have helped, because of the impact to your -- your wallet, but maybe there is a better customer approach we can have. Horvath: There always is a better customer approach and I think between all of you you should come up with something working with this gentleman to come up with something with a little more personal clarify for individuals in this -- in this instance that have this situation. That's all I'm saying. Meridian City Council Workshop May 10, 2016 Page 33 of 67 C. SWAC Report (Steve Cory) on two proposed activities: (1) the Meridian “Hand in Hand We Recycle!” mobile recycling pilot program; and (2) the SWAC annual activity De Weerd: Thank you for your time. Thank you. Okay. Item 5 -C is a report from SWAC. Good afternoon, Steve. It's still afternoon. It's approaching evening. Cory: Thank you, Madam Mayor, Members of the Council. I want to thank you for listening to this recommendation that we put together. My name is Steve Cory and I'm chairman of the Solid Waste Advisory Commission and one of the adjuncts to SWAC is the Community Recycling Fund Program, the CRFP has a long history of financing improvements throughout the city. Recently markets have changed, if you remember back to my presentation a couple months ago, and we have not had a cash inflow to the CRFP. We did establish a subcommittee to look at the issue and they came up with some recommendations and there was one we thought was worth pursuing, so we set up a -- a following up subcommittee to investigate this opportunity and the idea is to develop recycling interests within th e city at city events. I want to thank in advance right here Republic Services and Western Recycling, who are both here. They are -- will facilitate this if you agree that this is something we should go ahead and pursue and at this point I'm going to tur n it over to our subcommittee chairman Scott Walters, so that he can detail the recommendation. De Weerd: Thank you, Steve. Hi, Scott. Walters: Good afternoon, everyone. Thank you for the time here. So, you can see on this slide we are showing some of the -- the areas that the fund has contributed to the community. It Starts At Home, solid waste and recycling animation. We have recycling containers in Heroes Park, Kleiner Park, Settlers Park. MYAC has been part of this plan also. They donated -- we donated 5,000 reusable grocery bags and you can see that there is park benches at the pool. The plan that we came up with collectively was hand-in-hand we recycle and Republic Services is donating a 30 yard -- 30 cubic yard -- thank you -- collection bin. So, all the households commingle their collective materials and, then, we sell those and the proceeds from that go into the fund. This will be separated commodities at specific events to be determined. So, it would have aluminum or tin or cardboard or plastic and it would be separate and it would be cleaned and it would be donated into this bin and, then, we will take that over to recycling -- Western Recycling and ship and bale it up at no cost to us, therefore, all those proceeds will go directly into the fund if this is approved. That's what we would like to do. Here is some of the community events that we suggest that we would use. The more people there in the -- the more lead time we have to get the announcement that there is going to be a collection event, the more we will Meridian City Council Workshop May 10, 2016 Page 34 of 67 collect and, therefore, the more we would gain into the fund. So, we are going to have -- read my note here. We would like to start this out at Public Works Week. We are going to have the -- the clean bin there and we are going to have buckets of paint and let children and families that do recycle in Meridian go ahead and put their hand print on the bin and, then, later on this specific bin with the logo and branding with the hands will be at the different events to coll ect single commodities. And so a sub set of that , the Public Works Week is going to be -- I'm going to introduce you to Jacob Chambers, he's the youth commissioner on the solid waste commission, and he's going to talk about what we -- the booth that we are going to have there. De Weerd: Okay. Thank you. Hi, Jacob. Welcome. Chambers: Thank you, Madam Mayor and thank you City Council for your time today. I'd like to thank Scott Walters for doing an amazing job with our subcommittee. SWAC has another great opportunity in order to raise public awareness for the Solid Waste Advisory Commission, which is an annual booth at the Public Works Expo on Thursday, June 9th. At this booth we will have information regarding the CRFP and the household hazardous waste. This is going to be similar to what our booth is. It's going to be an indoor booth. It will have a tri-fold and different commissioners that are going to be there telling the public about what the SWAC and what the local recycling and the ho usehold hazardous waste has to offer for the City of Meridian. And also we have some SWAG that we are going to be hanging out at the booth, which includes reusable grocery bags, pamphlets, a brochure by Republic Services that we are very excited about and different information based on household hazardous waste and the CRFP fund. So, thank you very much. De Weerd: Thank you, Jacob. I think you mentioned SWAG and everyone's attention -- everyone perks up. It's like SWAG? Cory: So, this is an opportunity for SWAC to start interfacing with the community to go ahead and encourage recycling. We feel really good about this opportunity to get out with the community and talk with them. We are using donated resources and really thank our contributors an d I should say the -- this time around the reusable bags are being provided by Albertson's and so, you know, we still felt like that we needed to go ahead and talk through this whole program with you and take your suggestions and recommendations or listen to any comments that you had on this proposed activity. De Weerd: Thank you, Steve. Council, any questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council Workshop May 10, 2016 Page 35 of 67 Milam: We already know I love this idea that -- the whole bin with the hands. It's very happy and, you know, it has a very nice look to it, and I can't wait to get my hand on it. I did have a question. Dick had mentioned that the booth was inside? Is it an indoor and outdoor activity? Okay. So, we have the -- the bin will be outside with hand prints, plus you will have a booth on the inside? So, I'm really excited for this and I think the wonderful collaboration with partners making this happen, so hopefully we get some funds back in there -- great job all of you. De Weerd: We really appreciate the -- the Commission working with Republic and Western Recycling on this and just excited to see that collaboration and no -- whoever designed your logo -- I don't know who did this, but it was brilliant. Oh, there you go. Cory: It's one of our members and -- De Weerd: It is. It's youthful. It really shows -- it reflects our community very well and I think that that in and of itself will get people's attention and want to know more and get them to participate. So, congratulations. This is re ally exciting. Anything further from Council? Any action needed by Council? No? Cory: Thank you very much. De Weerd: We will all be there ready to put our hands in the paint and participate. So, thank you. Cory: Thank you. Item 6: Items Moved From the Consent Agenda De Weerd: And congratulations. Okay. There were no items moved from the Consent Agenda. Thank God. Item 7: Department Reports A. Parks and Recreation Department Strategic Update De Weerd: You know, usually department reports and our strategic update from departments are -- are closer to 3:00 than 5:00. So, I -- my apologies to the Parks Department. We usually plan better than this. So, thank you, Steve, and thank you to your team for your patience with us. Siddoway: Thank you, Madam Mayor, Members of the Council. And thank my staff for hanging in there as well. But thank you for hanging in there with us, too. I hope that our presentation will be a little fun. Mostly informative. We want to update you on what we have been up to in Parks and Recreation, some of our strategic focus. I'm going to give some shout out to Rachel, who made our little Meridian City Council Workshop May 10, 2016 Page 36 of 67 pressy here. You can see some of our staff and the Mayor's State of the City address was Building Meridian Together and we wanted to play off that, entitle ours Building Meridian Parks and Recreation Together. So, we got three sections we want to get through. I will focus on who we are. I will let Mike and Colin talk about what we have accomplished in our t wo divisions and, then, I will wrap it up with what we are building. So, who we are. We are going to start off with a little video and I got to give a quick shout out to Casey and Taylor. They stopped by our department just last week to take a little b it of video left. They worked on it over the weekend and yesterday, so you get the official roll out. It's a quick 30 seconds. If you have seen the show, Parks and Recreation by chance, it might seem a little familiar. (Video played.) Siddoway: So, Meridian Parks and Recreation -- a little bit more about -- about who we are. So, our mission is to enhance -- we are all about the community's quality of life and we got three focus areas for that. Innovatively designed parks, connected pathways, and diverse recreational opportunities for all citizens of Meridian that create lasting memories. That is our mission. That's our goal. That's why we do what we do. I won't read you all the words under our focused areas, but we have got three words that you saw at the end of the video, quality, community and fun, that are our focus areas that we try to deliver in this community. So, staffing, we have 25 year around staff in our departments and, then, we have a large number of seasonal staff that help us from groundskeepers to rec leaders, camp counselors, and scorekeepers. In addition to that we have our independent contractors that run our classes over at the community center and, then, I wanted to highlight some of the -- the key staffing changes we have had over the past year. Jeremy Aldrich was promoted to our fabrication and design building specialist. Dave Cereghino was promoted a groundskeeper III. Our own Colin Moss was promoted to recreation manager and heads up that division. Barb Hatch has been with the city for a while, but recently transferred as volunteer program coordinator from the police department to parks and rec. And, then, we have two new groundskeeper I's, John Muesser and Kyle Yorita. And we recently also welcomed Renee White to our team to fill the recreation coordinator position for special events that Colin vacated. So, Meridian Parks and Recreation has a lot on its plate. We fill a lot of various roles. We bring the parks to the city. The pathways. We take care of the urban forestry needs. We do grounds, building and equipment maintenance. There are several capital projects and fabrication, which is the welding and things that we do to put everything from drinking fountains to other items out in the parks. On the rec side we do sports. We provide classes and camps. We do special events. We help with the Teen Activities Council of the Mayor's Youth Advisory Council and we do the volunteer program, most notably the park ambassadors. And, then, it also includes several administrative functions, including our front desk, which interacts with the public directly. Our marketing and social media. Our accounts payable. And support to the -- our commission. I want to give a shout out to a Meridian City Council Workshop May 10, 2016 Page 37 of 67 couple of our commissioners that are here, Phil Liddell and Hannah Sturtevant and Creg Steele was here, but had to leave. So, thank you for being with us today. So, a few numbers. I know numbers are important in these updates. We have 255 acres of developed park land. We also have 41 other sites other than parks that we help maintain by contract. Our current level of service, which is the matrix we always try to report to you on, is 2.6. Recently when I -- 2.6 acres per thousand people in the city. Now, we have been typically up aro und three. So, we have added some small acreages with the dog park, with the tennis complex. But the population is growing faster right now than we have added parks. So, we are currently losing ground on the current park level of service, but we also ha ve summer projects that we hope to tell you about here in a little bit that we are working on to add and bring that number back up. Our goal is to get to four acres per thousand, but our first goal is to get back to three. Pathways by the numbers. We have about 15 miles of maintained pathways out there. Eight of them, roughly half, a little bit more, are actually in our parks. The other seven miles are along canals and -- that we maintain. But there is also about an equal number of pathways that we don't maintain, get constructed through development that the HOAs maintain and are part of our system. So, there is about 14 miles of those other pathways out there. With that I'm going to actually step down and turn this microphone over to Mike to start talking about what we have accomplished in the parks division. De Weerd: Thank you, Steve. Hi, Mike. Barton: Hi. Madam Mayor, Members of Council, thanks for the opportunity to -- to just give you a brief update on what we are up to and kind of share what our -- our four focus areas really are and those focus areas that I'm going to be talking about are maintenance, forestry, pathways, and, then, capital projects. First off, I'd like to talk about our maintenance and really the leader of the maintenance division, Roger Norberg -- you know, I'd like to just give him a shout out and publicly tell him what a great -- what a great job he does and, you know, one of the things that I think that -- that we -- we pride ourselves in is some of the longevity of our employees and I don't know what the average staff -- the average year is on staff that we have, but Roger has been with the city since 2009 and I think it makes a big difference wh en you have that -- that stable staff and work force, they are always striving to innovate and they are striving to -- you know, there is never a -- never a learning curve, we don't have to start over again and train and it just -- you know, it shows in some of these accomplishments that Roger was able to do. You know, one of the things that -- that he does and focuses on I think in our parks maintenance is a -- an attitude of production maintenance, that I don't think that a lot of parks departments and -- and other municipalities have that we kind of take that attitude that this is a contract that we are trying to provide a service for and we want to run it like we would a landscape company maybe would that -- that we track our hours and we track our material cost and we -- we are accountable to the people that we serve as our customers. We try to control costs. One of the things that we have done that was really Meridian City Council Workshop May 10, 2016 Page 38 of 67 amazing is -- we have gone to a program in our maintenance department -- and one of the reasons that our turf looks as good as it does is that Roger and his team have started soils testing and finding out exactly what inputs are required in some of our turf and, then, we have -- we have put -- gone through the proper licensing and actually put in fertigation systems on some of our pump stations, so -- so, we can -- we can get a custom blend of -- of fertilizer and we can say, hey, this part is -- it needs -- needs these nutrients and these specific inputs to grow grass and we will give that part that specific nutrient, which -- I know some golf courses are doing it. I don't think anybody else in valley is doing it. So, just that attitude of production and innovation is really amazing. De Weerd: Well, it sounds like you really take that -- if you don't track it you can't manage it philosophy very well. Barton: Right. De Weerd: So, thank you. Barton: Absolutely. One of the things that the Parks Department and specifically the maintenance department is -- oversees is the number of scout volunteer projects that we do, just, you know, from picnic tables resurfacing, a scout provided a bench at Champion Park. We planted trees. You know, just numerous service projects and, again, Roger has done a great job just kind of delegating some of those projects to staff and it's -- it's allowed us to -- to take on more projects and be more productive. So, the forestry. Elroy, appreciate the job you're doing. You know, Elroy started as our city forester about three years ago and prior to that we really didn't have a forestry program. It was kind of an ad hoc thing that we went through and since that time -- since our forest has grown we have instituted a -- a pruning plan. We have a proper fertilization program in place now. We have done some -- some very site specific insecticide applications that allow us -- allow better tree health, more growth. One of the things that our citizens want to see is an increase in shade and we think that one of the best ways to accomplish this is not necessarily in a built environment, but in a -- in a grown environment, so that -- that tree care and that health is critical to that, where prior to Elroy taking on his duties as full-time forester, you can go back at some of our trees and look at terminal bud growth and we were maybe in the eight inch range or six to eight inches, now in seeing 12 to 18 inches of growth in our -- in our trees and that will, you know, accelerate kind of that shade that our citizens require. You know, the other duties Elroy does scout projects. He maintains the water features. He just does a lot of things. He does a lot of community outreach and reviews development applications for tree mitigation, where if a tree does need to be taken out they have to mitigate for that with the proper number and the right species. Elroy keeps up on the latest trend s and participates in the valley -- the tree-shade canopy program. So, great job. Appreciate it. Meridian City Council Workshop May 10, 2016 Page 39 of 67 De Weerd: Well, I think that Elroy was the one that really drove Meridian becoming the Tree City USA as well. I think probably the trees -- the public trees have probably -- how many did we have when you started versus today? So, 265 and that was in 2007? 2000? To 4,000 today? That's quite significant. So congratulations. It's a big deal. Barton: The other thing that Elroy does is manages our downtown tree replacement program. Works with our partners at MDC and we replace -- you can see from the -- from the numbers here that we are -- we are catching up. We are getting to the point now where we can do some other projects. We have done sidewalk rehabilitation with pavers. So, we are almost to the end of that. Elroy has got a good plan in place that once those tree boxes are rebuilt with new grates on them, if there is any -- not only will the trees last longer in those boxes and provide a better shade cover for our downtown, but if there is some cracking or some problems, those trees can be lifted out and replaced without a complete redo of the infrastructure. So, just a fantastic job with our -- our downtown I think is really looking good, not only with the flower program that we had in the pots, but also the downtown trees and sidewalk rehabilitation. So, the next thing I want to talk about is pathway projects and Jay is -- Jay is all things pathways and we did a -- last month in our parks and recreation commission meeting we did a -- we did a pathways tour and we did -- some of us went on bicycles. We started out at Heroes Park and we biked all the way to Locust Grove and so those aren't pathways that the city owns and maintains, those are pathways that are built by the development community and a lot of what Jay does, as well as tracking and working on projects that we will put in and maintain, he works with the development community to -- to make sure that the -- the pathways that are required as part of those developments actually go in, they go in in the right spot, they are conditioned, and it's just amazing to see that there is this network out there that unless -- and I -- I hadn't done that, so it was just a -- you can get on a bike and you can -- we can literally go for miles now, which is just fantastic and that's behind the scenes, that's Jay taking care of all that. In addition to that, really our prime focus is to get Five Mile Creek pathway connected, so if you go from kind of south by Locust Grove and when the Pine Avenue project is complete you will go Pine Avenue to Badley onto Fairview, we are working on that connection between Badley and Fairview, but right now it goes from Fairview to -- through Bridgetower up to the future Belano Creek Park, so Colman will be installing that segment of pathway later this year that goes through Belano Creek, so you will be able to get on a bike and go on a city maintained pathway from Locust Grove all the way to Ten Mile and, then, we -- we do have plans to go -- to do that next segment that would connect The Oaks Subdivision that's by Black Cat. So, there is a little bit of continuous segment developing and the other cool thing is that we are connecting parks along the way, so you will be able to go hit 8th Street Park, Tully Park, Belano Creek Park, a short ride up the street is Heroes Park. So, we are trying to get these -- we are trying to mix the connection -- the pathway connectivity that we need, along with the ability to visit a park along the way. So, we are making good progress. Jay Meridian City Council Workshop May 10, 2016 Page 40 of 67 is on it. We appreciate what he does. I have been working a lot of capital projects and as you can see from some of this there is an awning that was built at Kleiner Park, we did the Meridian Road interchange landscaping, resurfaced Settlers Park playground. Storey Park got some new lights this year up and running. And, really, the big accomplishment from last year is the dog -- the dog park in Storey Park. De Weerd: Oh, no one likes a dog park. Barton: You know -- De Weerd: Do they, Shelly? Barton: -- it's amazing that you go around and maybe it's a cold day or it's not really park weather and you look around and there is 40 cars at the dog park. I mean it is just -- it's amazing. And so we have a -- there is a short video of the ribbon cutting ceremony that we would like to share with you and Rachel is going to hit play on that. (Video played.) Barton: So, pretty cool. Dog parks are for people, not so much dogs. The people -- the people love it. And one of the things that we are proud of is we did receive the outstanding facility in the parks category from Idaho Recreation and Parks Association, so pretty cool stuff. So, at this time I'm going to -- I'm going to turn a little bit of time over the Colin, but before I do I will stand for questions and be happy to answer any questions you might have. De Weerd: Thank you, Mike. Mr. Palmer. Palmer: Madam Mayor, thanks. Just a quick question. I was at Settlers Park -- I don't even remember when it was, I think it was in recent history, and it was after the resurfacing and there was a hole with a cone over it already. Was that -- did we find was that vandalism or something else happen? Barton: No. Madam Mayor and Councilman Palmer, there are some spring toys that are in there and one of them broke. It was general maintenance, but bad timing, because they are anchored underneath the rubber surfacing, so we had to make that repair and, then, patch the rubber, so -- good thought. Appreciate the question. De Weerd: Any other questions? Thank you, Mike. Barton: Thanks. Meridian City Council Workshop May 10, 2016 Page 41 of 67 De Weerd: Hi, Colin. I almost want to call you something different, but -- because he's not here to -- Moss: Well, thank you, Madam Mayor, Members of the Council. I am here to talk about the recreation division and so we are going to start with our adult sports program and our illustrious adult sports coordinator Garrett White, who has been with us since 2009 and Garrett was actually recognized this la st year as the 2015 supervisor of the year -- the citywide supervisor of the year, so we are fortunate to have such a great leader in our department with Garrett. So, he runs a full slate of adult sports programs over the course of a year. Basketball. Flag football. Softball and volleyball. It's only four sports, so it might not seem like much, but that encompasses over 5,000 participants over the course of the year and multiple different seasons and so just to give you a quick snapshot of how busy the adult sports program is over the course of the entire year, right now we are averaging about 12 games per night, Monday through Friday year around and so that is -- it's less than that sometimes, but in times like the last month or so when we are overlapping softball and volleyball and basketball, you know, here is potential of having all five softball fields going at the same time while we have maybe five volleyball gyms going and a basketball gym going -- we could have up to 30, 35 games in one night taking place, which means there are 60 to 70 teams out there in our community having a good time, which means in 60 to 70 teams that's 600, 700 people out at the parks, out at our gymnasiums in one night and that's all managed on a nightly basis by our on -site supervisor Ross and so between Ross and Garrett they do a wonderful job making sure that people are having a good time. So, in addition to the leagues that Garrett runs, he also has several -- a few different tournaments that he runs during the year. Coming up here in just a couple of weeks, the summer fun kickoff tournament has turned into one of the biggest girls fast pitch tournaments in the entire valley. Garrett is expecting 40 teams 'ish that will play at Heritage Middle School over the Memorial Day weekend. He's expecting 12 teams to come in from out of town for that tournament, which is going to provide a huge boost for hotels and for restaurants locally. It's a great economic driver, some of these big tournaments that we are able to host. A nd, then, he also runs another tournament, which some of you are familiar with, the holiday classic volleyball tournament that we host in December. Garrett has been able to raise over 2,000 dollars, you know, each year over the last five years of this tournament and those are going towards families here in Meridian that are in need of a little bit of help over the Christmas season. You know, we do -- we do buy presents for the kids in those families, but, really, the majority of what are getting are essentials, like clothes and toiletries and so we know that the Mayor and some of our Council Members have participated in those shopping trips before and they are a lot of fun. So, we will move on to Garrett's -- this is -- this is a snapshot of our -- of how our teams have progressed over the course of the last ten years or so. Obviously, we are growing exponentially each year and so almost 500 teams over the course of the entire year. We have all of our -- we have all of our sports lined up on the side and, you know, this year we are on track to exceed 500 Meridian City Council Workshop May 10, 2016 Page 42 of 67 teams for the entire year. So, that's a good graph to show you how much is being done over the course of a year and how much it has grown over the past ten years. Go ahead. And, then, these two are also regarding adult sports. The top one is about our softball leagues. So, we have five softball fields right now and these graphs would represent the total number of game times available. The blue section is the amount of game times that we are using for our leagues and, then, the top portion in yellow is the unused game times. So, we would average, you know, 43, 36, 77 game times over the -- over the course of the spring season that are available. There is 11 game times per day, so we are talking about four, three, seven game days that we have available during our spring season. Those are typically left open for rainouts or they are the Friday before Memorial Day or the day after the Fourth of July, times when people are not really interested in playing. So, I think what this graph represents is the fact that our league has really plateaued and we are in need of some more fields and so we are very excited about some of the future development that's on the horizon and, then, the bottom graph represents our -- our gym hours used. Currently we use several different school gymnasiums and so you can see the same trend as our teams, everything is going up. You can see that we plateaued in the last year and so we are extremely exited to bring the boys and gi rls club on board this year, as well as Victory Middle School, which we will both start using this fall for our volleyball and basketball programs. So, special events up next. An area where I have a lot of passion and a lot of -- a lot of -- had a lot of fun over the course of the last few years, but as Steve mentioned, we have hired a new special events coordinator, Renee White, who comes to us with a great deal of knowledge and experience about the special events coming from -- you know, working at the botanical gardens and working at the Canyon county fair, having -- having done a lot of different -- different things and we are very excited for -- to bring in her knowledge and experience to be able to take over our special event program. So, Renee is going to be taking over all of our internal events. So, we have eight internal events that she will be taking on, including CableONE Movie Night in Meridian, including Gene Kleiner Day, which is coming up next month, so we would really hope to see Mayor and Council at Gene Kleiner Day as we honor him. It's coming up June 11th. And, then, of course, Christmas in Meridian, the Meridian Community Block Party, among other of our internal events. You can see that we have some of the stats on this page. We ha ve -- we had 54 temporary use permits submitted to us last year and, then, we have a little stat that we call event days that we like a little bit better than just the straight temporary use permits, because, you know, CableONE Movie Night is one temporary use permit, yet it's 13 shows and so it doesn't really capture the amount of work that it takes -- or the amount of -- the amount of events that we are actually managing on a year to year basis. So, last year 81 event days, the majority of those over the summer and, then, this year 56 events scheduled so far. So, about the same, but the event days has jumped all the way up to 128, simply because we are adding events like the farmers market, we are adding the food trucks in the park event over at Settlers Park that just got started last week. We are adding a couple different -- those couple different weekly events that are Meridian City Council Workshop May 10, 2016 Page 43 of 67 really adding to the -- to the schedule, to the calendar of things that are in the community for people to do. So, special events are growing, just like everything else in our department. Oh. And, then, I need to mention also that as part of our transition here, Renee coming on board, she is actually going to be taking over as the co-advisor of the Mayor's Youth Advisory Council with Ken. That's a job that Jake Garro, our classes and camps coordinator, had taken on, but we thought it was a good time to transition, because that position has really focused a lot on events, including the trunker treat and Ignite Youth and so now Renee will be taking on that roll with the Mayor's Youth Advisory Council to lead those events. Oh. And, then, we do have -- we have -- we have had a video -- De Weerd: Good job, Rachel. Moss: Thank you, Rachel. We have had this video of movie night for a f ew years now, but it was brought to our attention that I'm not sure that it's been presented at Council before and so we are not sure if any of the -- if the Mayor or Council has seen it before, so we thought it would be kind of fun to show it now. (Video played.) Moss: So, that was a -- a fun video that a local photographer did for us as just pro bono. He set up a camera on top of the picnic shelter and took a time lapse -- took a picture every five seconds and we were able to make a pretty cool video out of it, so -- so, moving on to classes, activities and games -- and Jake Garro is our recreation coordinator who takes care of -- of all of our classes, activities and camps and Jake has been with us for a little over a year now and the -- the impact that he has had on our department is certainly profound. There is -- you will see on the next slide the increase in our registrations is pretty dramatic, but Jake has a variety of different classes through the year. The summer activity guide is actually coming out this Friday, so you can expect to see that in your mailboxes and, then, you know, there is tons of youth classes, are dance and our martial arts and our early childhood education, particularly our ones that are growing. New classes, like computer programming, have really taken off and started really strong and we are excited to take on new instructors all the time. Steve showed the stat about how many contracted instructors we have and how full the community center is on a regular basis. So, there is a lot going on with classes, activities and camps on a regular basis and one -- one area in particular that Jake is focused on, which was an area that was identified in our master plan is programming for seniors. That was an area that has been un derserved with our department and so Jake has really taken that on and he's organized some day trips for seniors and so this was -- just this last Friday he went to Shoshone Falls, took a group. That was his second time doing that. He took a group to the McCall Winter Art -- Winter Ice Carnival. And, then, he's got trips planned this summer for rafting and to the Baker City -- Oregon Trail Interpretive Center. So, there is lots of new things taking place with our activities and camps. So, here is that graph that I was talking about. You can see in 2005 things -- again, it was Meridian City Council Workshop May 10, 2016 Page 44 of 67 already on an upward trend, but things really took off last year to where we were just shy of 4,000 activity registrations over the course of the entire year and that increased by almost 1,300. And so, you know, this was a -- this is where I want to mention our -- our front desk staff. We don't have their smiling faces on our PowerPoint here, but Ali Aldape and Jeannette Sanchez take the majority of these phone calls, these e-mails. You know, Steve -- on one of Mike's slides he had a stat also about the increase in our parks shelter reservations, that they have increased by 70 over the course of the last five years and, of course, Kleiner Park is a big contributor to that. We just have more picnic shelters and there is just more to do. So, they have been taking an abundance of phone calls and just doing a great job of making sure that everybody who is participating in the classes, who is reserving a picnic shelter, you know, that they start off with a great experience with our department. So, we are extremely lucky to have them as well. With the amount of calls that we have had it certainly trickled down, so Rachel and Shelly have taken -- taken on that role of registering a lot of people for these classes. So, finally, volunteers. Steve also mentioned Barb Hatch as new -- while she is not new to the city by any stretch, she is new to our department and the impact that she has had is already being felt. It's already, you know, a significant difference in the way that we are able to serve our -- our community volunteers. We have an abundance of organizations and businesses in our community that just want to go do something to help and in -- just in the last month we have seen organizations, such as Guild Mortgage and US Bank and Rock Harbor Church -- and Rock Harbor Church is actually coming back later this month to do one of our biggest service projects of the year and plant flowers in all the park flower beds and so that's going to happen over Memorial Day weekend. The Northwest Lineman College came out with all of their students and they rebarked the entire Main Street of the split corridor. So, you can see the -- the picture there of how many guys they had out on that split corridor rebarking that area to make the entrance to our city look beautiful. We had the Meridian Technical Charter High School and the Meridian Fine Arts Academy, so we are getting our youth involved in -- in serving the community and so having Barb on board and being able to focus on these volunteer projects has been a huge benefit to our department. I haven't even mentioned the park ambassador program yet, which has been a really awesome program. She's managed it for a few years now from the police department. She's coming on board and what we are really excited for this year is we are kind of rebranding the park ambassador program. It's been a -- in the past it's been a Kleiner Park program and that's been the focus. This year we really making it a park wide -- you know, park system wide program and so we are rebranding to tell people, you know what, you can be at Kleiner Park and that's fine if that's where you want to be, but the volunteers have a vehicle available to them that they can -- they can go to Settlers Park and they can go to Tully Park and they can hit four or five different parks in their -- during their shift and we are going to provide them with information about events that are going on, you know, and activities, some sports leagues that are playing at different parks, so they can really experience and be where the people are I guess, on a night-to-night basis. So, Meridian City Council Workshop May 10, 2016 Page 45 of 67 we are very, very pleased to have Barb on our staff. And with that I will turn it back over to Steve to talk about where we are headed. De Weerd: Thank you, Colin. Siddoway: Thank you, Colin. De Weerd: We planned it that way. Siddoway: So, what are we building together and where we are heading? Go ahead. Our big strategic accomplishment for the last year was this park system master plan update. It's meant to be a guide for us over the next ten years. We just gave an update to our commission last month on -- or the month before, actually, on the -- the goals and objectives and things that we are actively working on and it's a large list, as you can tell. Go ahead. Future projects. We have got three neighborhood park site projects and one large regional park site project. Here is two of the neighborhood park site projects. Belano Creek neighborhood park and Bainbridge Neighborhood Park. Belano Creek and Bainbridge are the names of the subdivisions, so the parks still are to be named, so these are not the park names yet, but until we have park names established this is how we are identifying them by th e subdivisions that they are in. Belano Creek is about eight and a half acres and is a partnership with Coleman Homes. Bainbridge neighborhood park is a partnership with -- with Brighton Corporation. And those are both in design and our parks commission has been actively helping us vet park concept plans over the last several months and those are projects that we hope to be -- to bid this winter. The 77 acres south Meridian regional park -- this is the concept plan that came out of our master planning effort. You just had the presentation from Mike a couple weeks ago on the -- the contract for refining this concept and actually getting something that is -- is buildable and -- per the budget that is -- we had our kick off meeting last week and it is moving forward and, then, just tonight you approved the construction management contract as well to go with that and our landscape architect construction manager will be working hand in glove as we go through the construction documents processed for this park. The other one that we have is the south Meridian YMCA partnership in the south and what I want to focus on here -- this is the next neighborhood park -- size park, the Hillsdale Park is actually a large -- a larger neighborhood park, ten acres in size, and there has been some confusion out there as to whether the city is in or out on -- on the park as part of this partnership, so just want to try and make it clear that we are -- while it is tied to the YMCA moving forward, it is our intent and already budgeted to build a ten acre park on this site. In terms of where that is currently, we are working with the YMCA to plat that land, so that we can own that land with the construction process moving forward and we are hoping that this will go to bid this winter and under construction next year. The home court has its own agenda item following this, so I won't belabor it here, but we do have a proposed purchase and sale agreement on for your consideration tonight for the home Meridian City Council Workshop May 10, 2016 Page 46 of 67 court YMCA. As you heard from Colin, our existing gym space is maxed out. You saw the graphs. We need more gym space. This is an opportunity for us to expand that gym space and serve the community in that way. We are working on adding shade. We are coordinating on options with that Kleiner Park trust to potentially add shade, not necessarily a picnic shelter like you had here, but -- we are not exactly sure what form that will take on. Shade structures are one and shade sales are another and we are actively working on that. The Boys and Girls Club gym bears mentioning here. We have an important partnership with them. We -- they have a single gym and it will be -- have the grand opening later this month and that will provide us a place for one additional gym for sports, as well as a new site for activities like our Childrens Winterland Festival that has been here at City Hall, but has been challenged for space and needs a place to grow. We also have some -- some other needs that we will get into with -- with budget discussions with you. The MPR software -- parks and rec software, we are looking at a solution -- it's actually going to save us money and be -- provide better customer service, so we are kind of excited to talk about that. And, then, some additional needs for a groundskeeper and season labor to keep up with all the growth that you just heard about. We also expect to work on an ADA transition plan and take a comprehensive look over the next year at our -- all of our facilities and determine how the existing facilities comply with the updated ADA regulations. You're about to get an update on the Rail With Trail from Jay and we have worked on Pine Avenue improvements specifically for a pathway along Pine with ACHD and pathway connectivity is really -- is a focus and I want to say thank you to the Council. You are very generous with the -- the approval of pathway projects this last year and we are actively working on multiple projects to -- to get that Five Mile Creek pathway connected like Mike talked about. And this is my final slide. The parks and recreation commission we work with on a monthly basis. These are their seven priority goals for the year. You can see the picture at the bottom of the pathways tour that we just took last month. We just -- Council just appointed Spencer Meinburg as our newest parks and rec commission member and we have a great group and they are doing great things to advise us on all of these elements of parks and recreation moving forward and I think collectively it's fair to say that we love what we do for this community. And with that I will stand for questions. De Weerd: Council, any questions? Bird: I have none, Mayor. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: One quick question. At Settlers Park when it hosts the regional baseball tournament, the teams from around the west always comment on it and I agree with them having seen other area parks, that it is one of the best, if not the best Meridian City Council Workshop May 10, 2016 Page 47 of 67 in the west. Has there been any efforts to explore again the opportunity of hosting a little league world series in Meridian? I think it was looked at seven or eight years ago perhaps, but -- Siddoway: I'm not familiar with any efforts underway to look at a world series . Mike, have you heard anything? Anyone back there? Okay. We have not heard about that. We have heard, though, the compliments about the quality of the facility. I can tell you there -- out there -- they are out this spring and, you know, taking sod cutters and taking care of the -- the hump at the end of the -- where the grass meets the dirt and they take great pride in the quality of those fields and they are quality. Borton: Madam Mayor? Everybody around the -- at least the west coast knows that and they talk of it, so that gets on the radar at some point maybe to explore -- Siddoway: Sure. Borton: -- because the baseball community would love to come to Meridian. Siddoway: Great. Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I think Councilman Borton's referring back -- Meridian Youth Baseball, when they -- we were working to get that complex built, that was one of their big things was to get a major, major world series or something in here and I don't know why they -- they haven't pursued it more now that we have got the facility, but I think it would be Meridian Youth Baseball that would pursue it and I'm sure Steve and his people would jump on board to help any way they could. Siddoway: Sure. Any further questions? Little Roberts: Madam Mayor? De Weerd: Yes. Little Roberts: Steve, I just wanted to say thanks to you and your team. You do an absolutely amazing job. I know I'm brand new at being the liaison, but you never -- you and your team never cease to amaze me how much you accomplish. So, thank you very much. Siddoway: It's a lean and mean machine and it's remarkable to me as well and I'm very grateful to have this team behind me. Meridian City Council Workshop May 10, 2016 Page 48 of 67 De Weerd: They are lean, but they are not mean. Actually, very awesome and I -- I tell them that. I think they think after a while I don't really mean it, but I do. You have a great team and -- and it shows in the programs and the events and in our parks. So, thank you. Siddoway: Thank you very much. B. Title Amended to Read: State/Local Agreement Project No. A013 ( 918) Rail With Trail Pathway Between the City of Meridian and the Idaho Transportation Department Regarding the Referenced Federal Aid Project for a Rail with Trail Pathway in Fiscal Years 2018 and 2019 for the Not-to-Exceed Amount of $501,000.00 De Weerd: Well, don't go away, unless you're not Item 7-B, which is the local state agreement for the Rail With Trail pathway. Oh. Okay. Well, I should have known. Jay, thank you for being here. Gibbons: Madam Mayor, Members of the Council. I'm not about fun today, I'm bringing back business, so -- Milam: Lean and mean. Gibbons: So, I -- this is also actually fortuitous in many regards. A little history on this Rail With Trail project and the city's was a recipient of a grant -- a transportation alternatives grant. We came before Council in early February of 2013. COMPASS had opened a new round of TAP grant opportunities and so at that point we had a loggerhead -- hit loggerheads with the -- with the railroad as far as pursuing a pathway on the right of way, so we figured, well, let's -- let's see if we can't get a grant and we will build a pathway off right of way. We were successful and we received that grant -- the reason I bring up the Council in early February is we came to the Council to see if it was a good idea to apply for that grant, because it came with money stipulations. And so we received that grant. We -- the city committed to pay for the design development -- or the construction documents for the first phase. We applied -- the grant we applied for was a million dollars for the first mile. We got half of that. That was available. We have 501,000 dollars in the grant. That will -- we are able to build from Meridian Road to just passed where 7th Street would hit the rail right of way, if it actually went that far, but that's where Nine Mile Creek turns north and goes up into the subdivision. So, it wouldn't be a dead end path, because at least we can get back into the trail system. W e are not just dumping people out at the end of the pathway to encroach on the rail right of way that they are all afraid of. So, I understand there was a little -- potential confusion on the title on the agenda for this and so I came prepared to discuss numbers. In order to -- to utilize this grant Meridian City Council Workshop May 10, 2016 Page 49 of 67 with ITD as administrator of the federal aid grants and so we need to enter into a state-local agreement with them and so that doesn't actually start at the -- the grant is in fiscal year '18 and '19. It's front loaded. Most of the grant is actually in '18, but the rest of it is in '19. So, we have to plan accordingly. But your -- the agenda had reference of the construction funds, which was actually 444,000 dollars. There is a preliminary -- or there is a construction engineering portion of 57,000 dollars that I didn't add in when I did the agenda request. So, it's 501,000 dollars. The city is on the hook for -- or would be on the hook for 7.34 percent, which is roughly 37,000 dollars. You all were generous enough to accept an enhancement proposal from this fiscal year, which -- so, I have the budget to do those construction documents and technically I have -- part of that budget will cover, essentially, part of this -- this match as well, though it's not due for a few years. So, as I said, it's the piece of pathway. We did it to show the railroad we were serious about a pathway. The beauty of the junction here is -- at this point in time is the Mayor was not at that Council hearing on the 19th of February in 2013 and Mr. Bird was the only one that's currently on the Council that was -- or that was present and so the rest of you have the opportunity to decide whether this is a viable project or it's not and the reason I bring that up is that as you are aware I came before you a few months ago to update you on the current status of Rail With Trail and that we had formed a coalition with this -- with Nampa, the city of Boise, us, ACHD, and a number of other folks to turn this into a regional Rail With Trail effort and the discussions amongst that group it's the feeling that this -- this Rail With Trail belongs on the right of way and that's what we are pursuing. So, this grant allows us to build a piece of pathway that's off right of way and so it's up to you to decide whether that's really an appropriate use. We are not -- we haven't spent any money on this project so far, so now is kind of a good time to decide whether we want to do that or continue our efforts -- we will still continue our efforts regionally, but it depends on whether you want an interim project. De Weerd: Well, Jay, would there be consideration to move it 20 feet into the rail right of way if that opportunity presents itself between now and when construction would be required? Gibbons: It would have -- that decision would have to be made before we finalize the construction documents, of course, because that would be site specific. This particular segment -- the reason it's low hanging fruit and we can build this half a mile -- we don't have to acquire any land. Nampa -Meridian owns part of it fee simple from the U.S. Bureau of Rec on a reclamation. Nine Mile Creek and the Rutledge Lateral run parallel and so there is a certain amount of improvement we have got to do to work with the irrigation district to even get a pathway on this across -- their land per se. It's certainly feasible and it's not overly costly and, then, there are -- there is a daycare that owns two parcels that their fence stops outside or north of the ditches, so that won't impact their land for an easement and, then, there is Mary Storm owns the parcel right next to the -- the right of way on 3rd Street that we need to cross the back side and it's -- and that won't impact Meridian City Council Workshop May 10, 2016 Page 50 of 67 the use of her property either, so -- and, then, we enter on the roadway and improve 3rd Street over to the intersection here at Broadway and Meridian Road. So, it's -- from a property perspective it's not a cumbersome deal, but it's all a timing thing. It depends on -- on how much progress we make as a group before we actually have a consultant start doing these surveys and design documents. It's possible. De Weerd: So, can we defer conversation and decision on this for a time specific? Gibbons: You could. However what -- the reason -- what we are trying to accomplish currently with the state-local agreement is because COMPASS needs us to really decide whether we are going to do the project or not, because they have a -- they have a turning point where if we are still up on the -- in the air and haven't signed a state-local agreement or agree to utilize the funds in two years, that they could reallocate that to other projects -- that can happen, so -- and they kind of need that decision in the next month and so I don't know that we are going to make any headway with the railway on a regional basis in the next month, so -- and by entering into this it -- we also -- the only stipulation up front that comes with this state-local is a 5,000 cost for administrative use by the two -- ITD that's outside of the grant itself, the grant monies, but -- De Weerd: So, what are the pros and cons of building outside the right of way for the first mile that would connect to an eventual in the right of way? Would that not be as -- I think you have to start somewhere. Gibbons: Exactly. Which is why we started this. De Weerd: And I don't know, what is your recommendation? Gibbons: I have ridden the fence for some time. I -- I don't know exactly. De Weerd: Better than riding the railroad or rail line. Gibbons: Yes. I'm not heart broken if we decide that we really want to just stay the course and put it in the right of way and we not utilize this grant. On the other hand, we -- we are about pathway connections and it's still -- actually, it provides us a connection to Nine Mile Creek at the very least, even with the Rail With Trail. So, I can go either way. Milam: Madam Mayor? Oh, sorry, Jay. De Weerd: Yes, Mrs. Milam. Meridian City Council Workshop May 10, 2016 Page 51 of 67 Milam: So, if we are dealing with the government I'm assuming there is no extensions that we could get to buy us more time or it just goes back to COMPASS and get to reallocate it? Gibbons: COMPASS will reallocate it and technically I believe we allowed them to push us back a year. Originally it was '17 and '18 and t here were some other needs and we were recognizing that we were up against a rock and a hard spot a little bit and so we pushed it back and I haven't talked to them about that particular proposal at this point, so -- Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I -- this may come as a shock, but I don't like public debt and so I -- I have a really hard time getting after my congressmen when they hope to spend money on things that are not necessary when we are borrowing the money from China and so I can't in good conscience vote for us to take a half a million dollars for something that's a recreational use when we are getting that as a loan from other countries. So, while we are just a little city and this is maybe not even a drop in the bucket, maybe not even a molecule in the bucket, I think on the principle it's just not the right thing to do. I think if we want the path and our citizens want it bad enough, we need to find a way to pay for it for ourselves. De Weerd: Are you wanting a decision tonight? Gibbons: Not necessarily. You can pick it back up in -- De Weerd: So, this is informative. Gibbons: I can provide you the worksheets and additional information that I have compiled to speak about. If you want to kick it around -- De Weerd: I think it would be nice to have a visual of what it looks like outside the right of way and what that 501,000 dollars would pay for from the arterial to the Nine Mile Creek or whatever it was and, then, what would be left to complete to have a mile section connecting -- is that Linder to Meridian? Gibbons: Yes. De Weerd: That's a mile connection along a corridor that is very desirable and -- and, then, what I would want to know is -- is that -- if we can make progress within the right of way, it is a logical connection to the outside of the right of way and, then, back into the right of way? So, you're not wasting -- Milam: Right. Meridian City Council Workshop May 10, 2016 Page 52 of 67 De Weerd: -- an improvement, but it will connect logically to something once we have something. Gibbons: Exactly. And I have -- I have 90 percent of that information prepared. Not with me, but I will put all that information into a memo and get it to you all for review and we can continue this discussion, just not next week. De Weerd: Okay. Because I do know in talking with our congressional delegation, this is certainly something that has been supported and actually -- they support this is a priority transportation corridor, both for eventual public transportation, but also all modes of transportation -- Gibbons: Right. De Weerd: -- which includes the bicycle and pedestrian. Any other discussion? Bird: I have none. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I agree. That was pretty much the way I was thinking. If we can utilize it long term in connection with what we are going to do along there, then, I'm all for it, but if it's -- we are going to put it in and it's going to be a temporary fix and, then, we are going to build another one, and it's a waste of a half a mill ion dollars, then, I probably would not go for it, so -- Gibbons: Good. De Weerd: Okay. So, we will set this out next week or on the 24th? 17th or the 24th? Gibbons: Two weeks. I'm out of town next week. De Weerd: Okay. Gibbons: But I will have that memo to you by the end of this week, just so you have plenty of time to mull it over. De Weerd: Okay. Thank you. Gibbons: Come up with more questions. De Weerd: Thank you. Meridian City Council Workshop May 10, 2016 Page 53 of 67 Gibbons: You bet. Thank you. C. Parks and Recreation Department: Commercial Real Estate Purchase and Sale Agreement Between the City of Meridian and the Young Men's Christian Association (DBA Treasure Valley Family YMCA) for a Not-to-Exceed Amount of $4,000,000.00 De Weerd: Okay. Speeding along, we are now at 7-C. Siddoway: Thank you, Madam Mayor, Members of the Council. As was noted, we need more gym space. Our programs are growing. The current facilities that we have are maxed out and we have been looking for solutions . Last June we came before Council as part of the budget hearings and presented an enhancement for -- for recreation field house development. We talked about the Home Court as one of several potential options that that enhancement could take to get us a field house. That potential partnership is coming to fruition tonight if -- if approved. The funds for the field house are already approved by Council and in our budget. A little bit of history. For many years we have been planning to build a field house of our own, which to us means indoor gym space. We have had around two decades of various community input, pressing a desire for a rec center of some kind in the city. Decisions of previous councils have talked about the fact that we did not want to own and operate what would be considered a full facility rec center of our own, that we would rely on partnerships that we would try to leverage to bring what I would call full facility that might include aquatics and everything else, but we as a city would focus our attention on providing gym space and classroom space only. In FY-11, five years ago, we started saving for a field house, budgeting money over multiple years to build or buy a field house or gym space to continue the expansion of our programs. We have considered multiple locations, including Locust Grove next to the existing maintenance facility, the south Meridian Y site. Kleiner Park was on the radar for a while and the Home Court YMCA. Each site has its own pros and cons, but one reason wh y the Home Court is very attractive to us is the low cost, particularly low cost per square foot. To build a new facility of our own, as we were doing concept plans, we looked at building a three court facility with a minor amount of classroom space, about a thousand square feet, and the cost for that would have been about 4.1 million dollars. The proposed purchase of the Home Court gets us more space for both court space and future classroom space at the cost of four million dollars or about 82 dollars a square foot and I think that -- that cost per square foot is a bargain for us. We are all about developing potential partners with the -- to stretch the city's dollars and provide amenities to our -- our citizens. We have done due diligence over the past year on the site, title reports, environmental reports, inspections, et cetera, and I believe that this proposed purchase of the Home Court is the very essence of what I would consider a win - Meridian City Council Workshop May 10, 2016 Page 54 of 67 win scenario. It's a win for us as a city, because it provides us the -- the court space that we need to grow our programs at a cost lower than we could provide ourselves by building one on our own. It is a win for the YMCA, because the purchase provides them funds that they can use to do whatever, but I know the intent is to help support the south Meridian partnership where the Hillsdale Park is that we talked about. So, I believe it's an opportunity for us to get the field house that we have been talking about and planning for for years and with that we request Council approval of the proposed purchase and sale agreement for the Home Court YMCA. The proposed closing date in that agreement is September 30th. We would take over ownership with the new fiscal year on October 1st and if approved by Council this is kind of a first step. We still have much to do between now and then. Most notably working out operational agreements and things like that for the time in the interim where the Y would continue to operate their operations in there and eventually move out whe n the south Meridian Y is completed. So, we still got work to do, but the closing date would be set at the end of the fiscal year and that agreement would come back to Council on a future agenda for discussion. The agreement that is before you has been reviewed and approved by the YMCA board and I will stand for any questions. De Weerd: Thank you, Steve. Council, any questions? Okay. Siddoway: Okay. Thank you. De Weerd: Thank you. Little Roberts: Madam Mayor? De Weerd: Yes, Mrs. Little Roberts. Little Roberts: I would like to propose that we approve the commercial real estate purchase and sale agreement between the City of Meridian and the Young Mens Christian Association doing business as the Treasure Valley -- Family YMCA for a not to exceed amount of four million dollars. Bird: Second. De Weerd: Okay. I have a motion and a second. Discussion? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: We were talking briefly before the meeting. It sounded like there was somebody here that wanted to testify I guess on this before we made a decision on it. Meridian City Council Workshop May 10, 2016 Page 55 of 67 De Weerd: It's certainly not typical protocol, but if Council would like to hear from -- Milam: I don't have a problem. De Weerd: Okay. Good evening. If you will -- you know the process. Wardle: Thank you. Madam Mayor, Members of the Council, Shaun Wardle. 2239 East Granite Street in Meridian. I appreciate the opportunity to just provide some brief comments. My assessment of what's going on here is that the Home Court facility was donated by private citizens to the private entity, the YMCA and as a charitable donation. We can assume that that provided some tax benefit and, then, some taxes which were owed would not be paid for that. The organization, then, provided some proof to the Ada County Commission that there was a public purpose and, then, removed that particular facility from the property tax rolls, although receiving the public benefit of that. And today we are talking about taking four million tax d ollars and purchasing that particular facility with the tax dollars and, then, any operational shortfall I would assume would be the City of Meridian's to bear in that operation and, then, those tax dollars that we talked about would, then, be rolled to a new facility known as the south YMCA, which as we can anticipate would, then, be petitioned to take that off the tax rolls for some public purpose. So, I'm wondering if there is a -- if there is another way for the city to meet its goals and objectives ot her than -- other than spending this four million dollars. With that said I just have two quick questions. I notice in the purchase and sale agreement that there is a -- there is a lease back provision for some portion of the property. We would just ask for a little bit of clarification of what portion of the property that is. And, then, Allison noticed that the city and YMCA are entering into a -- a noncompete agreement on programs which would not be provided by the city, specifically the sports programming. So, thank you for the opportunity. I stand for any questions. De Weerd: Okay. Council, any questions? We have no questions for you. Wardle: Thank you. De Weerd: Yes? If you want to comment to any questions that were raised from that -- at least to address the noncompete. Siddoway: Yeah. I will try and a ddress the two points that were brought up. The lease back agreement is the operational agreement that I made reference to in my presentation. There will be a period of time at which we will own it and the YMCA will continue to operate their facility until the south facility is complete and, then, they will move there. So, we will need to work out arrangements related to staffing and things that -- and they will also pay us a lease of this space, specifically what we call the fifth bay, where all of their exercise equipment is, so Meridian City Council Workshop May 10, 2016 Page 56 of 67 they will continue to have that, and they will lease the space back from us, so they will -- they will pay us so that it's a cost neutral arrangement for u s. The noncompete clause is between us and the YMCA to try and not step on each other's toes, meaning we currently run adult sports programs. They have agreed not to run those kind of adult sport leagues at the new facility. Similarly they have a very successful Y ball program. We don't do youth sports programs like the Y ball ourselves, we are agreeing not to step into that arena during that tenure period. De Weerd: And is that similar to what we had with Meridian Youth Baseball and Meridian PAL and other partnerships that -- Siddoway: You know, I don't remember the noncompete specifically coming out in their agreement, that actually happened before my time. But I will say that because of those arrangements we have seen those partners -- we do these kind of partnerships a lot -- you know, a lot if MYB and others and they will fill a need that we don't have to, then, do as a city, so that we haven't needed to go into youth baseball, for example, or youth basketball, because other partners in the community are providing those. So, absolutely, that's the similarity. De Weerd: Okay. Siddoway: Any questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Steve, is the lease back that you have referenced, is the intent of that to be as short term as possible? Siddoway: Yeah. We have to have a no sooner than and a no later than clause in there, so we make sure we have the -- the funds available to operate and we don't want it to go on in perpetuity either. So, we need to work out those dates. I don't have them here for you today. Borton: Is one of the contingencies of closing this purchase that those terms be -- Siddoway: Absolutely. Yes. Enough to be resolved so we can close and that's on the closing items. Barton: Okay. De Weerd: Okay. Any other questions? Meridian City Council Workshop May 10, 2016 Page 57 of 67 Siddoway: Thank you. De Weerd: Thank you, Steve. Bird: Call for the question. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Just for further discussion. Mr. Wardle had asked if this was -- if we had looked into other ways of accomplishing the same purpose. Steve and I had met before -- I guess as we were -- months ago having this discussion and that was one thing that I had asked was are there other gyms around that we can rent to avoid having to own the Home Court ourselves, whether it's the proper role of government to organize basketball and things is a discussion for another day, but it -- I felt satisfied in that they are -- this was the most fiscally responsible way that if we are going to provide the service to be able to provide it. De Weerd: Okay. Anything further? Madam Clerk. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: FIVE AYES. ONE ABSENT. D. Public Works: Continued Discussion on Design Standards De Weerd: Item 7-D is under our Public Works Department, a continued discussion on design standards. Stewart: Good evening, Madam Mayor, Members of the Council. Before I get started I want to ask a quick question of the audience. Is there anybody here to testify on this issue? De Weerd: That's usually what I ask. Stewart: I realize that. And the reason I ask, in putting all this information together, we notified -- out on the website we had a special ink on the front page that's about design standards and we noticed that we were going to be coming tonight to seek additional direction from the City Council and we have been working hand in hand with the BCA to respond to their comments and so forth, but I did not receive any notification from them or -- or questions from them from Meridian City Council Workshop May 10, 2016 Page 58 of 67 the last time we talked with them and I didn't send them a specific invitation to the meeting tonight. So, my concern is that they are not here and that they may have a desire to comment on this and so for that reason I am going to suggest that maybe we continue this until I can confirm whether or not their absence here means that they are in agreement or that they simply did not realize that it was taking place. De Weerd: Warren, I appreciate that comment and you're awareness that -- to kind of dot the I's and cross the T's and make sure that communication was -- Stewart: Yeah. De Weerd: -- was well understood. So, I don't think you will hear any opposition from this Council on that. Palmer: Madam Mayor, about three minutes ago I missed a call from Dave Yorgason, so I'm assuming he has something to say. I appreciate that. Stewart: Yeah. I suspect he might. De Weerd: Okay. One week? Two weeks? Stewart: I think -- I'm fine with a week, so -- and we can make sure that he's aware and whatnot, so -- De Weerd: Okay. Thank you. Stewart: Thank you. De Weerd: Council, I would need a motion to continue this item May 17th. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue 7-E -- De Weerd: D. Bird: -- D. De Weerd: Yes. Bird: Until May 17th, 2016. Milam: Second. Meridian City Council Workshop May 10, 2016 Page 59 of 67 De Weerd: I have a motion and a second to continue Item 7-D to May 17th. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Stewart: Thank you. E. Public Works: Area of Drilling Concern Update De Weerd: Thank you. 7-E is also under Public Works, a discussion on area of drilling concerns update. Radek: Madam Mayor, Council Members, I'm here to give you an update on the area of drilling concern initiative that we have going on, but I realized that there may be one or more of you that don't know what that is. So, I'm going to take a little time to describe what we have going on -- basically a little review of our source water quality threats that we have and the way we have -- the strategy we have chosen, which is the area of drilling concern and, then, what act ions have been completed and, then, next steps that are going to happen. So, I'm going to use a couple slides that I showed you in our -- in our project close out presentation that engineering did and the first is test wells. You have seen this slide and I want to just emphasize the last portion about test wells that is becoming important to us now in the source water protection, expanding the knowledge of the aquifer system. Our test wells tell us that we have multiple sub aquifer units. We have multiple layers of water. Those different layers have different chemistry and they have different pressures and temperatures and we know that because we build these multi-zone test wells and if you recall I was telling you that, yeah, we -- we went down there and we got -- we got water from this layer and that layer and that layer and that had uranium and that had uranium and that one didn't. So, we know that there is different chemistry and there is different pressures and what that means is that if you provid e a way for those -- those -- the water to get from one point in the aquifer to another, it will. If you -- if you destroy the natural protective barriers, the clays that separate those -- those sand units that hold the water, then, the water will move fr om one unit to the another. It will move vertically in the aquifer. That's what we learned from test wells and we learned from well abandonments that wells that are drilled using drill and drive methods have unsealed casings. So -- so, this is an example on the -- the figure to the right there, a drill and drive well is a well that is drilled with -- and the casing is advanced as the well is drilled. Now, the drive -- the hardened drive shoe that's a little bigger than the rest of the casing, in order to get that drive shoe down there you really have to get the hole a little bit -- just a little bit bigger than the drive shoe and you keep pounding that down and what it results in is a -- is that open space between the well casing and the -- and the bore wall and this little figure here is -- is unexaggerated -- the actual space that you find in casings. The holes are actually a lot more jagged and ragged than Meridian City Council Workshop May 10, 2016 Page 60 of 67 that, so there is a lot of potential space in there where water can just move as it pleases and the contaminants that may or may not be in that water can move as they please. The picture on the left is the -- is the abandonment of the Meridian Heights well. We pressure grouted that well after perforating the casing and we squeezed seven and a half yards of grout outside the casing into that void space, seven and a half yards. So, the poster child, though, for wells with open annular space is the Meridian Creamery wells. We are standing on them and one of the Meridian Creamery wells was abandoned and we pumped over one hundred cubic yards of grout into that well and so it's the size of a void space that you could park a truck in and I don't mean a pickup truck, I mean a tractor trailer. So, we know that when wells are drilled using these methods we end up with space that allows water to commingle in the aquifer, it moves from one layer to another layer and it can move natural contaminants or it can move human introduced contaminants. So, this is a slide that I showed you three years ago in 2013. When we made the decision we were going to petition the Department of Water Resources to establish an area of drilling concern as a means to protect our aquifers from -- from contaminants long term. So, you can see in the sealed well to the left they seal into every -- every possible protective clay layer as they go down and this is a simplified cross-section of what the aquifer looks like. We know that there is many more clay layers than what you're seeing here. If a contaminant is introduced and it is not at the level of where that -- that well draws from the aquifer, the contaminant will go right passed our well casings and move on. If an unsealed well is put in upstream or upgradient from one of our sealed wells, that unsealed well may allow contaminants to move down into the areas that we depend on to provide clean, safe drinking water for our customers. And not only that, but there is natural contaminants involved and those natural contaminants are contaminants that I'm sure you have heard me describe how we are kind of dodging uranium in the aquifer and we pick those spots that don't have the high uranium levels and those uranium levels -- that uranium laden water could be moved up or down the aquifer, too, with unsealed wells. So, in 2013 we made the decision and communicated with Council that we were going to apply for an area of drilling concern and petition the director for an area of drilling concern and the last time I talked to you about this was in September last year when we did that. The way it works is the part of Idaho Code says -- and this was something that the drilling community actually lobbied for, they said, you know, you can't just put rules out there that are one size fits all for everybody. There is different geological settings and the different geological settings you should have an available mechanism to have different rules and here it is, the area of drilling concern. So, the department director made designate, as he determines necessary, an area of drilling concern. So, the way that works is someone presents data to the Department of Water Resources and makes the case, which we have done, and show the need for a special administration of rules based on that data and what we are asking for is in our geologic setting, which is unsoluable lake sediments, we are asking that wells be drilled using mud rotary drilling, which -- in a drill and drive method the hole is kept open by the casing. That's how it keeps from caving in. But it doesn't seal it up. In mud Meridian City Council Workshop May 10, 2016 Page 61 of 67 rotary drilling you drill a hole and you have an open well, but there is really heavy mud in it and that's the drilling mud and that's what keeps the hole open and, then, the whole is oversized and when that hole is all drilled and you put a casing in it and, then, you have enough space to put a trimming pipe in and, then, grout around that casing all the way up so you have a full depth seal all around that casing and that seals into all those protective layers. We are also asking for either plastic or higher quality domestic steel well casings. What we found in a lot of wells, including on our own wells that were -- that were done in previous -- you know, before we knew more, well casings will rot out in as little as ten years if the chemistry is right and part of the rule is that the director shall conduct a public hearing and notification prior to designating an area of drilling concern. So, what's happened so far -- we submitted our request to the Department of Water Resources last September, they chewed on it for a while, they have since come back just this spring and informed us that they agree with the factual evidence that we presented them and they agree that something needs to be done. This problem has been laid out in front of them and they don't want this to become -- I don't want to invoke the front word, but they have a problem and they need to deal with it and they agree. So, they set a date for a public hearing of June 1st and they have actually scheduled the public hearing to take place at Mountain View High School at 6:00 -- oh, boy. It's at 6:30 and my flier says 6:00 p.m. So, I'm going to give you this flier. Please don't pass it out, because it should say 6:30. But I wanted to let you know what we were doing. So far the outreach we have done -- we have prepared this flier that I'm going to pass out and I have got one for -- Kaycee Emery and Ken Corder have helped me put the flier together and they are prepared to shoot it out electronically to the whole world here, the world of Meridian, and their guidance is that you don't want to put things out to Facebook and Twitter until about a week and a half or two weeks before, otherwise, everybody forgets about it when -- before it happens. So, we are prepared to outreach to Meridian residents. We have talked to United Water, who provides water for the city of Boise and is affected by the area we are asking for. Kuna and -- both of those entities are on board. We just met with the representatives from Nampa-Meridian Irrigation and Settlers today. It was a very good meeting and we are going to continue with -- I think the Mayor has started communication with Ada County commissioners and I'm expecting a call from Meg Letterman, the planning -- the planner there and so we have a lot of outreach in progress and here is the -- this is the figure of the area that we are asking to be protected and it is the city's impact area and everything that is upgradient, meaning the water that we have got under us now and the water that will be under us in the future. De Weerd: Kyle, how far east is that going? Radek: It goes -- the natural ground water divider is the New York Canal. So, I'm not sure exactly what road that is. De Weerd: Maple Grove is before the -- your finger, so -- Meridian City Council Workshop May 10, 2016 Page 62 of 67 Radek: We got Cloverdale, Five Mile, Maple Grove, Cole -- I think we go one passed Cole -- De Weerd: Yeah. Radek: -- to that very eastern mid section there. No. Orchard. Okay. But the -- the divide is the New York Canal is the groundwater divide, so it's a scientific boundary. We discussed for a while whether we would do the impact area of the City of Meridian or we would do a scientific boundary. The Department of Water Resources actually weighed in, thought that the scientific boundary made a lot more sense and I believe that the -- the direction they would like to go with it is -- it's the same lake sediments all across the Treasure Valley and the same thing -- I believe they think that the same thing should be done everywhere in the Treasure Valley in order to protect the resource. And so I'd like to stand for questions now. De Weerd: Thank you, Kyle. Any questions from Council? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I don't have a question, but nice -- nice work on this. Radek: Thank you. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: A quick question. Kyle, what are the general rehab costs that an owner of a private well that's not done this way incurs? You make reference to your proposal actually might have long-term savings. Is there a ballpark figure that you could utilize to explain long term what you might be saving? Radek: Madam Mayor, Councilman Borton, we think that the -- the average well for a domestic well probably is about five to eight thousand dollars and, then, twice that with the -- with the method that we are suggesting and the lifetime of that domestic well, if it's got a plastic casing especially, is going to be probably four lifetimes and the groundwater quality would be better. Your question specifically about rehab'ing a well -- if the well were deepened it would -- according to what we are asking for, we would want -- we would want to enforce these construction methods if the well were deepened or if it were abandoned and I think these were reconstructed. I don't think domestic wells in general get reconstructed, which is another -- they usually get left and forgotten about, which Meridian City Council Workshop May 10, 2016 Page 63 of 67 is one of our main -- main requests to the area of drilling concern is that -- is that when somebody does replace a well they are going to be required to abandon the well they have got to do using those perforation pressure driving techniques. I'm not sure if I answered your question. Please ask it a different way if you need to. Borton: Madam Mayor. I think you did. The reference in your Q and A speaks to -- you know, you do the cheapest methods versus the mud rotary drilling -- mud rotary drilling provides a longer life to the well itself, which I might have misread to apply that doing it the more traditional way lea ves you with a shorter life span -- usable life for a well. There might be long-term cost savings doing mud rotary drilling. Radek: We certainly believe that is true, that the mud rotary with a plastic casing will provide you much longer life. The othe r benefits, though, that I think if -- if I were a country resident and I just got done building a 500, 700 thousand dollar house on five acres and it came time to drill the well and the well driller said, well, you can have this -- this cheap well here, which is going to be sealed to 38 feet, which is nothing, and it's going to allow, you know, potentially bacterial contaminants and your neighbor's septic water and nitrates from fertilizer and pesticides and stuff like that in, or you can have this well that's sealed up to ground surface and, you know, pay an extra five or six thousand dollars, I would choose the latter. So, there is -- there is a lot of extra benefit there, but -- but just looking at it from a cost standpoint I think if the well is there for -- I think the average house lasts 165 years. If the well is there for 50 years it's probably going to pay for itself. Borton: Thank you. De Weerd: That's how we built our well. Radek: How we built our well. De Weerd: Any other questions? Okay. Thank you. And if Meg doesn't call you I would call her. Radek: Okay. Thank you, Madam Mayor. Item 8: Ordinances A. Ordinance No. 16-1689: An Ordinance (Birkdale Estates H-2015-0021) of the City of Meridian Granting Annexation and Zoning of 10.06 Acres with a Zoning Designation of R-2 (Low Density Residential District) Being Lot 1 of Block 1 of Blythe Estates, a Subdivision on File in Book 63 of Plats at Page 6426 in the Office of Meridian City Council Workshop May 10, 2016 Page 64 of 67 the Recorder for Ada County, Idaho, said parcel being situated in the NW ¼ of Section 30, Township 4 North, Range 1 East, Boise, Ada County, Idaho; and Providing an Effective Date De Weerd: Okay. I know it's probably pretty obvious that we didn't get started on our 5:30 meeting on time, but we are almost there, so stay tuned. 8 -A is Ordinance 16-1689. Madam Clerk, will you, please, read this by title. Jones: Thank you, Madam Mayor. An Ordinance H-2015-0021, for annexation and rezone of a parcel of land being Lot 1 of Block 1 of Blythe Estates, a Subdivision on File in Book 63 of Plats at Page 6426 in the Office of the Recorder for Ada County, Idaho, said parcel being situated in the NW ¼ of Section 30, Township 4 North, Range 1 East, Boise, Ada County, Idaho; as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the city of Meridian as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-2, Low Density Residential District of the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the reading ordinance and providing for a waiver of reading rules and providing an effective date. De Weerd: You have heard this ordinance read by title. Is there anyone who would like to hear it read in its entirety? Seeing none -- Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 16-1689 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 8 -A. If there is no discussion, Madam Clerk, will you, please, call roll. Roll call: Bird, yea; Borton, absent; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 9: Future Meeting Topics Meridian City Council Workshop May 10, 2016 Page 65 of 67 A. Motion approved to add a discussion regarding a Public Works budget amendment for a new sewer cleaning truck to the May 17, 2016 City Council agenda B. Councilman Palmer requested to add a future discussion regarding the City of Meridian’s internal budget amendment approval process C. The May 17, 2016 Regular City Council meeting will be cancelled and renoticed as a SPECIAL meeting due to the May 17th Primary Election. A discussion will take place in June regarding updating City of Meridian Code 1-7-5: City Council Meetings to consider updating the language to reflect Consolidated Elections De Weerd: Council, any topics for future meeting agendas? Bird: I have none. De Weerd: I would like the permission -- and it would take a motion from Council to have back on the agenda a discussion about the sewer cleaning truck. I -- I will just give you a reason why is we have had -- since the discussion 21 days total of our sewer cleaner downtime resulting in around 7,700 dollars in costs and if that trend continues it's -- it is money just out the window and what I would like to do is -- is have the team come back and talk about what the costs have been, what some of their big challenges have been and perhaps you can reconsider that at that time, if you feel there is compelling enough information. And, yeah, I can't ask for Ms. Milam or Mr. Bird to make the motion, so -- Little Roberts: Do you need a motion? De Weerd: I need a motion and a second. Little Roberts: I move that we invite Public Works back to share about the sewer cleaning truck again. Borton: Second. De Weerd: I have a motion and a second to put this on a future meeting agenda and I would say the 17th, but I just know that the 17th has to be a special meeting. It's also on a primary, but we will -- we will deal with that at that time. May 17th okay? Okay. Second agree? Borton: Yes. De Weerd: Okay. Any discussion? Meridian City Council Workshop May 10, 2016 Page 66 of 67 Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, I had talked to Todd about an idea when it came to budget amendments and kind of changing the process in how we do that to allow for public testimony, given that there will probably not be anybody that would come to testify about spending some money on a new sewer truck, but the idea we had talked about was -- you know, it's on the agenda, whatever department it is comes and presents it, we don't make the decision at that meeting and, then, the next meeting they are available and that would be an opportunity at both meetings for public testimony and, then, that's when we make the decision -- De Weerd: Is this a future meeting topic? Palmer: It's discussion on the topic that we are discussing adding back. So, that if -- De Weerd: If you want a new process that's fine. These are two different items, but certainly we could do that. So, we have two topics to put on future agendas. I do have a motion. Madam Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, absent; Palmer, nay; Little Roberts, yea. De Weerd: Okay. All ayes. I'm -- not all ayes. Majority has it. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. De Weerd: Okay. I would entertain a motion to adjourn. Nary: Madam Mayor? De Weerd: Oh, I'm sorry. Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. We discovered a glitch in our ordinance in regards to your meetings. Some background. City Hall, when we were on Idaho Street, used to be a p olling location and so there is an old ordinance that exists that's been carried forward that said you didn't -- couldn't have a regular meeting on a primary or general election or city election. Next Tuesday is a primary. We have actually had two primar ies this year and it's problematic only because we have already noticed up the hearings that are scheduled for next week and some are actually continued to next week for a date certain. What I'm asking is should we consider changing the ordinance, because with the way the primaries are this all preceded the consolidated election that Meridian City Council Meeting DATE: May 10,2016 ITEM NUMBER: 4A PROJECT NUMBER: ITEM TITLE: Minutes of April 12, 2016 City Council / Planning and Zoning Approve Minutes of April 12, 2016 City Council / Planning and Zoning Joint Meeting MEETING NOTES u✓ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Joint Meridian City Council - Planning & Zoning Commission April 12, 2016 Page 40 of 40 did impact those kids that get on and off the bus, which is right there at that corner. So, without their help I don't think I would have known how to make that change and I thought it was great to see this happen at such a busy intersection where you have kids daily getting on and off the bus and to have the developer be so conscious to listen to us and make that change to make it more accessible for people getting on and off the bus, so without staff it wouldn't have happened, so I appreciate that. Bird: Any other comments? If not, I think the meeting is over. Caleb? I would entertain a motion to adjourn. Milam: So moved. Borton: Second. Bird: All in favor? MOTION CARRIED: ALL AYES. Yearsley: I guess for the Planning and Zoning we still need a motion to adjourn. So, I would entertain a motion to adjourn. McCarvel: So moved. Fitzgerald: Second. Yearsley: Moved and seconded to adjourn. All in favor say aye. MOTION CARRIED: ALL AYES. Yearsley: We stand adjourned. MEETING ADJOURNED AT 8:10 P.M. (AUD1W1`F-FL�OF THESE PROCEEDINGS) `J / to / 201 � MAYOR T MY DE WEERD DATE APPROVED ATTEST: _QDRATED qb( .o Meridian City Council Meeting DATE: Mav 10,2016 ITEM NUMBER: 4B PROJECT NUMBER: ITEM TITLE: Minutes of April 26, 2016 Approve Minutes of April 26, 2016 City Council Meeting DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council April 201 P 58 of 58 MAYOR T Y DE WEERD QaRATEpgE APPROVED lice, ATTEST: zG ('kv or 0 ERmt,► JACY JONES - C1TY--GLE W c \m�SE � Ai Meridian City Council Meeting DATE: May 10,2016 ITEM NUMBER: 4C PROJECT NUMBER: ITEM TITLE: Water Main Easement #1 Water Main Easement #1 between The City of Meridian and Mission Coast Properties ID, Inc. within Reflection Ridge Subdivision No. 5 CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich BOISE IDAHO Pgs=5 BONNIE 2016-040096 MERIDIAN CITY 05/11/20166110:320:32 AM II 11 III Jill 1111 1111 iiit �I,NO FEE 00223778201600400960050057 WATER MAIN EASEMENT �� THIS INDENTURE, made this (t) day of -P-0-412016, between Mission Coast Properties ID, Inc., the parties of the first part, and hereinafter called the GRANTOR, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTOR desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTOR, and other good and valuable consideration, the GRANTOR does hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection 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, performing maintenance, replacements or subsequent connections to the water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. 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. Water Main Easement EASMT WAT 11-15-13.doc THE GRANTOR hereby covenants and agrees that he will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR hereby covenants and agrees with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the GRANTEE that he is lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: ID, Inc., an Idaho Corporation STATE OF IDAHO ) . ss. County of Ada ) On this & day of .' . , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared William Duthie, known or identified to me to be the President of the Idaho Corporation that executed the within instrument, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first 011ye written. � N (SEAL)~ *o1rAIj r NOTARY PUBLIC FOR IDAHO Residing at: .1A .►••.. �y •pv vAc" © Commission Expires: 0 0 Water Main Ease", t r OF J4 . EASMT WAT 11-15-13.doc off... '41000 Tammy hest by-1aycec- –. fful rarr, City Clerk Q`C ter\ GO � City or `uw ..IDIAN ,� IDANO �xm SEAL Approved By City Council On: W os,� L© -�V �-o STATE OF IDAHO, ) : ss County of Ada ) On this 10 day of "(K A , 20 �h, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and *y T _ 1#hi &q, J0.Ci Jones 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. ,OWER.. (SEAL) •`S''= N • o,ll ,hti• q �t'c'k� NOTARY PUBLIC FOR IDAHO Residing at: rc Commission Expires: Water Main Easement EASMT WAT 11-15-13.doe Project: 150182 Date: April 20, 2016 Page 1 of 1 EaT-0 ENGINEERS CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 208-323-2288 • FAX 208-323-2399 EXHIBIT "A" Waterline Easement No.1 A parcel of land located in the N1/2 of the S1/2 of Section 30, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMMENCING at the southeast corner of said Nl/2 of the S 1/2 (south one -sixteenth corner), from which the southeast corner of said Section 30 bears S.00°30'07"E., 1325.82 feet; thence, along the south boundary of said N1/2 of the S1/2, A) S.89°46'51"W., 1880.92 feet to the southwestern -most corner of Reflection Ridge Subdivision No.4, recorded in Book 108 of Plats at Pages 15,171-15,174, Records of Ada County, Idaho; thence, along the exterior boundary of said Reflection Ridge Subdivision No.4, B) N.00°13'09"W., 143.24 feet to the POINT OF BEGINNING; thence, 1) S.89°03'50"W., 98.95 feet; thence, 2) S.89°46'52"W., 640.89 feet; thence, 3) N.71°20'41"W., 43.18 feet; thence, 4) N.52°30'21"W., 474.45 feet; thence, 5) N.15°19'17"E., 21.60 feet; thence, 6) S. 52-3021"E.,479.28 feet; thence, 7) S.71°20'41"E., 36.54 feet; thence, 8) N.89°46'52"E., 637.44 feet; thence, 9) N.89°03'50"E., 99.08 feet; thence, 10) S.00°13'09"E., 20.00 feet to the POINT OF BEGINNING. CONTAINING 25,098 sq. ft. (0.576 acres, more or less). SUBJECT TO: Record documents. EXHIBIT "B" attached, and by this reference made a part hereof. H:\150182-BOI\SurveyNDescriptioiis\Exii—Cityof Meridian Waterline Easement_ldoc.doc ,zq'sm g ®� OD 3, L0,0£.00S <° enwall in n ® o U:E Z X 7C'l at 00 w M o M O.A M �0u co S c�� �o � W wr, g o a 19 cr (Z 00 LL —�� N ®� U le I U CO g it LLI 2p 1 co0Li � W NO ~Z00 Q V)\ N N P4 _ wZd N w M J J �' `t oOZ ci N t O rn N— U rm H I U J � CLi M c� o 2 ° z OR 0) W 0004� G`�'� r 10 W aV) "' R C14 I \e 4�v q co 0) LCA �� > W A `C 4 W._ cn Q WC7�® 0010 �+ W r�c� �d O ^o� W-4 \A H � 0" „a O Uv'V \ �� r�4 � ti� Ory w Z rn O coo O o C7 Ln N N N �z / ^0 0 w w Z T 1) o N 7- N C W �c1y� ra m 00 I� OD O v C4 in (n Z Z N Z U1 w _ Z J J J J J J J Meridian City Council Meeting DATE: May 10,2016 ITEM NUMBER: 4D PROJECT NUMBER: ITEM TITLE: Water Main Easement #2 Water Main Easement #2 between The City of Meridian and Mission Coast Properties ID, Inc. within Reflection Ridge Subdivision No. 5 MEETING NOTES F1 r P Pv,R 0 V E 0 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2016-040097 BOISE IDAHO Pgs=5 BONNIE 05/11/2016 10:32 AM MERIDIAN CITY NO FEE 1111111111 II 1111I'I'IIIII II IIi II II 111111111 II II III 00223779201600400970060064 WATER MAIN EASEMENT r� THIS INDENTURE, made this1 0 day of -14�1 2016, between Mission Coast Properties ID, Inc., the parties of the first part, and hereinafter called the GRANTOR, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTOR desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTOR, and other good and valuable consideration, the GRANTOR does hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection 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, performing maintenance, replacements or subsequent connections to the water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. 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. Water Main Easement EASMT WAT 11-15-13.doc THE GRANTOR hereby covenants and agrees that he will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR hereby covenants and agrees with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the GRANTEE that he is lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: es ID, Inc., an Idaho Corporation STATE OF IDAHO ) : ss. County of Ada ) On this day of Asot• f , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared William Duthie, known or identified to me to be the President of the Idaho Corporation that executed the within instrument, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •'NNuu14%STE� (SEAL�'� - '�'NOTXRYPUBLIC FOR IDAHO Residing at: A,44 w.A "�`'i1► Commission Expires: v p cn� A�9 Water Main Easeni'*P,�"W!! �. . EASMT WAT 11-15-13.doe '•... OF 1D.p GRANTEE: CITY OF MERIDIAN �QO�-opt Tammy de e ,Mayor City of w EIDIAN&-- IDAHO � }I SEAL Attest by , Clerk TFRo/the TR�PSJ�� r>e-S Approved By City Council On: cam, STATE OF IDAHO, ) : ss County of Ada �g On this kb day of �o�a , 20 , before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and ayeee T� known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, I and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. c IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fust above written. i (SEAL). Np %,,�' . :°�' r� 'ti's•' O-W�� tLe- L - -�� NOTARY PUB C FOR IDAHO Residing at:—C.C��,�2�-(, Commission Expires: Water Main Easement EASMT WAT 11-15-13.doe Project: 150182 Date: April 20, 2016 Page 1 of 1 CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 208-323-2288 ® FAX 208-323-2399 EXHIBIT BGA" Waterline Easement No.2 A parcel of land located in the N1/2 of the S 1/2 of Section 30, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMMENCING at the southeast corner of said N1/2 of the S1/2 (south one -sixteenth corner), from which the southeast corner of said Section 30 bears S.00°30'07"E., 1325.82 feet; thence, along the south boundary of said N1/2 of the S 1/2, A) S.89°46'51"W., 1880.92 feet to the southwestern -most corner of Reflection Ridge Subdivision No.4, recorded in Book 108 of Plats at Pages 15,171-15,174, Records of Ada County, Idaho; thence, B) N.57°39'47"W., 1045.92 feet to the POINT OF BEGINNING; thence, 1) N.60°52'03"W., 20.00 feet; thence, 2) N.29°07' 57"E., 20.00 feet; thence, 3) S.60°52'03"E., 20.00 feet; thence, 4) S.29°07'57"W., 20.00 feet to the POINT OF BEGINNING. CONTAINING 400 sq. ft. SUBJECT TO: Record documents. EXHIBIT `B" attached, and by this reference made a part hereof. H:\150182-BOI\Survey\Descriptions\Exh_City of Meridian Waterline Easement_2doc,doc ,Z9.9m 00 � ®� 3„LO,O .00S N m cfl � W � Mo • zLLI c4- �i ® 04' �� U W W O N Z W V) W t� �� a 0 Lo 0)Z U� O O � p '®1n� dN t� o o a c°"i a00o Z °''� Y o. M N U2 ap II w 2' =) 0 0 uj rn Z C o N e Q W p N ® ZOz W00 ONP-4 w 9Li O O I Me a W q a W a, W-4 W O Nz r CA`i' O °�o�� Lr) Abp j �0*W WAS C'�' N COQ Q .w ofcc { � ®zN�S� I z� �o z ►+.1 J J —02 Z O u z ` p O 1.4® N J I (� rn V J / W W U O O O ZZ NWO NW OQO O O O® Z O O W < tr)OZNZ ? W _ Z -! J J Ji Meridian City Council Meeting DATE: May 10,2016 ITEM NUMBER: 4E PROJECT NUMBER: H-2016-0028 ITEM TITLE: Findings of Fact, Conclusions of Law for Saint Ignatius School Findings of Fact, Conclusions of Law for Saint Ignatius School (H-2016-0028) by Roman Catholic Diocese of Boise Located 6180 N. Meridian Road Request: Annexation and Zoning of 10.71 Acres of Land with a C -C Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN IDIAN-�--*--, FINDINGS OF FACT, CONCLUSIONS OF LAW j� L AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 10.71 Acres of Land from the RUT Zoning District in Ada County to the C -C Zoning District in the City for Saint Ignatius, by Roman Catholic Diocese of Boise. Case No(s). H-2016-0028 For the City Council Hearing Date of: May 3, 2016 (Findings on May 10, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 3, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 3, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 3, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 3, 2016, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0028 - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 3, 2016, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation and zoning is hereby approved with the requirement of a development agreement per the Staff Report for the hearing date of May 3, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-513-3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-513-317). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of May 3, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0028 - 2 - By action of the City Council at its regular meeting held on the 2016. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD (TIE BREAKER) Mayor T �r Attest: CiIpjA** � m�OApia Jacy Jones �ti, SEAL City Clerk kh © day of "c0`� , VOTED_A\ VOTED 6` 12- VOTED Q e VOTED "P, VOTED O.bSe h� VOTED Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: �� 1 D © l (n City Clerk'I Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0028 - 3 - Meridian City Council Meeting DATE: Mav 10,2016 ITEM NUMBER: 4F PROJECT NUMBER: H-2015-0044 ITEM TITLE: Findings of Fact, Conclusions of Law and Final Order for Bach Findings of Fact, Conclusions of Law and Final Order for Bach Subdivision (H-2015-0044) by The Regency at River Valley, LLC Located 3400 E. River Valley Street. Request: Combined Preliminary / Final Plat Approval Consisting of Two (2) Building Lots on Fourteen (14) Acres of Land in the R-40 and C -G Zoning Districts MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN C�wlIDIAM,FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER w- A F11 In the Matter of the Request for a Combined Preliminary and Final Plat Consisting of Two (2) Building Lots on Fourteen (14) Acres of Land in the R-40 and C -G Zoning Districts for Bach Subdivision, by The Regency at River Valley, LLC. Case No(s). H-2015-0044 For the City Council Hearing Date of: April 19, 2016 (Findings on May 10, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 19, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 19, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 19, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 19, 2016, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received fiom the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0011 - I - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of April 19, 2016, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for a combined preliminary and final plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of April 19, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-613-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 613-7C). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0011 - 2 - Attached: Staff Report for the hearing date of April 19, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0011 -3 - By action of the City Council at its regular meeting held on the 2016. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD (TIE BREAKER) Mayor Tamm de Weerd Q��ED AUGUST Attest: oQQ , Cly or W I ElkIDIAN IOAHO Jacy Jones / SEAL City Clerk 1 day of Qkd VOTED_A, e VOTED e VOTED�2 VOTED 0., e - VOTED CkbSer'r VOTED!2�A, e VOTED Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. Dated: City Clerk's Office �5l I o/1 (,' CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0011 - 4 - BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR A COMBINED PRELIMINARY AND FINAL PLAT CONSISTING OF TWO (2) BUILDING LOTS ON FOURTEEN (14) ACRES OF LAND IN THE R-40 AND C -G ZONING DISTRICTS FOR BACH SUBDIVISION. BY: REGENCY AT RIVER VALLEY,LLC APPLICANT HEARING DATE: APRIL 19, 2016 CASE NO. H-2015-0044 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on April 19, 2016 for final plat approval pursuant to Unified Development Code (UDC) 11-613-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING BACH SUBDIVISION, LOCATED IN A PORTION OF THE SOUTHWEST'/4 OF THE NORTHWEST/40F SECTION 4, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2015, HANDWRITTEN DATE: 12/07/15, KELLY KEHRER, PLS, SHEET 1 OF 3," is conditionally approved ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BACH SUBDIVISION (H-2016-0044) Page 1 of 3 subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated April 19, 2016, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BACH SUBDIVISION (H-2016-0044) Page 2 of 3 interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the day of (xo , 2016. Attest: pqucTam eerd yor, ' y of Meridian Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: S �� b I ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BACH SUBDIVISION (H-2016-0044) Page 3 of 3 Meridian City Council Meeting DATE: May 10,2016 ITEM NUMBER: 4G PROJECT NUMBER: H-2015-0015 ITEM TITLE: Amended Development Agreement for Falconers Place Amended Development Agreement for Falconers Place Subdivision (MDA -H-2015- 0015) with Summit Equity, LLC located on the east side of Eagle Road, South of Victory Road, in the NW'/4 of Section 28, Township 3 North, Range 1 East. (Parcel #'s 83193250021 and 83193250023) MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2016.040095 BOISE IDAHO Pgs=4 BONNIE 05/11/2016 10:32 AM MERIDIAN CITY NO FEE II�III('II II "I�I'I'IIIII II IiI � ('I(�II�I �'I'II SII 00223777201600400960040044 ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Summit Equity, LLC, Owner/Developer A-� THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this day of f -k a,A , 2016, ("ADDENDUM"), by and between City of Meridian, a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Summit Equity, LLC, ("OWNER/DEVELOPER'), whose address is P.O. Box 190534, Boise, Idaho 83719. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain Development Agreement that was recorded on October 13, 2005 in the real property records of Ada County as Instrument No. 105152708 ("DEVELOPMENT AGREEMENT") B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement, except as specifically amended as follows: 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's " Zoning Ordinance codified at Meridian City Code Section 11-7-2 D which are herein specified as follows: Construction and development of a residential development consisting of twenty-three (23) single-family residential lots, and six (6) common lots in an R-8 zone on 4.69 acres. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. ADDENDUM TO DEVELOPMENT AGREEMENT - Falconers Place Subdivision, MDA H 2015-0015 Page 1 of 4 5. DEVELOPMENT IN CONDITIONAL USE: Delete in its entirety. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY.- 6.1. "Developer" shall develop the "Property" in accordance with the following special conditions: 1. Development of the site shall consist of a maximum of twenty-three (23) single-family lots, and six (6) common lots, including one (1) existing single-family residences to remain. 2. That the applicant is required to hook-up the existing single-family home to city sewer and water with the construction of Phase 1, not before. 3. Future development of the site shall substantially comply with the submitted preliminary plat, landscape plan and elevations attached in ExhibitA 4. All future development of the subjectproperty shall comply with all City of Meridian ordinances in effect at the time of development. 5. Prior to issuance of a buildingpermitfor any single-family home, the applicant shall record a final plat. 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation if the Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this Addendum, and the Ordinances of the City of Meridian as herein provided. 3. This Addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Addendum shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Addendum if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed its obligations under this Addendum. 4. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein, and ADDENDUM TO DEVELOPMENT AGREEMENT - Falconers Place Subdivision, MDA H 2015-0015 Page 2 of 4 there are no promises, agreements, conditions or under -standing, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This Addendum shall be effective as of the date herein above written. 7. Except as amended by the Addendum, all terms of the previous Agreements shall remain in full force and effect. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Summit Equity, LLC By CITY OF MERIDIAN OV&pJJEDq�j _° ay r T y de Weerd ATTEST: 01 or W C-�►'1 E jDjAN IDAHO SEAL Jacy J nes, City Clerk ol0 TREAsv�`�\ ADDENDUM TO DEVELOPMENT AGREEMENT - Falconers Place Subdivision, MDA H 2015-0015 Page 3 of 4 STATE OF IDAHO ) ss: County of Ada, ) On this day of cu, , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared 4.�- , known or identified to me to be the X06 -)11p of Summit Equity, LLC, and acknowledged to me that he executed the same on behalf of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) wAT �•�� �pTAR y'•• i r•r ipjjwc � 00 *006090996 STATE OF IDAHO ) ss County of Ada ) Not;�ry Public for Idaho Residing at: 6''U'-1eUa , My Commission Expires: (/ t 7, Z On this )day of 2016, before me, a Notary Public, personally appeared Tammy de Weerd and Jacy Jones, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. C (SEAL) y, -3 °0066..•° d K41 � [ - 4 -WC Notary Public for aho p Residing at: 64 Commission expires: � ADDENDUM TO DEVELOPMENT AGREEMENT - Falconers Place Subdivision, MDA H 2015-0015 Page 4 of 4 Meridian City Council Meeting DATE: May 10,2016 ITEM TITLE: AIA Agreement ITEM NUMBER: 4H PROJECT NUMBER: AIA Agreement Between the City of Meridian and Kreizenbeck, LLC (DBA Kreizenbeck Constructors) for 77 -Acre Park Preconstruction Management Services for a Not -to - Exceed Amount of $100,000 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ® ® TM �Document C132 -2009 Standard Form of Agreement Between Owner and Construction Manager as Adviser AGREEMENT made as of the Nineteenth day of April in the year Two Thousand Sixteen This document is intended to be used (In words, indicate day, month and yeah.) ADDITIONS AND DELETIONS: (Name, location and detailed description) The author of this document has BETWEEN the Owner: added information needed for its (Name, legal status, address and other information) completion. The author may also have revised the text of the original City of Meridian AIA standard form. An Additions and 33 East Broadway Avenue Deletions Report that notes added Meridian, Idaho 83642 information as well as revisions to the Telephone Number: 208-888-4433 standard form text is available from Fax Number: 208-887-4813 the author and should be reviewed. A The Land Group, Inc. vertical line in the left margin of this and the Construction Manager: document indicates where the author (Name, legal status, address and other information) has added necessary informationand Eagle, Idaho 83616 where the author has added to or Kreizenbeck, LLC dba Kreizenbeck Constructors deleted from the original AIA text. 11724 West Executive Drive This document has important legal Boise, Idaho 83713 consequences. Consultation with an Telephone Number: 208-336-9500 attorney is encouraged with respect Fax Number: 208-336-7444 to its completion or modification. AIA Document C132TM —2009 /formerly 8801 TMC Me —1992). Copyright ©1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maxirnum extent possible under t the law. This document was produced by AIA software at 15:41:15 on 04/27/2016 under Order No.2098809396-1 which expires on 01/17/2017, and is not for resale. User Notes: (1683572825) This document is intended to be used for the following Project: in conjunction with AIA Documents (Name, location and detailed description) A132TM-2009, Standard Form of Agreement Between Owner and City of Meridian - 77 Acre Park Contractor, Construction Manager as Adviser Edition; A232Tm-2009, General Conditions of the Contract for Construction, Construction The Architect: Manager as Adviser Edition; and (Name, legal status, address and other information) B132Tm-2009, Standard Form of Agreement Between Owner and The Land Group, Inc. Architect, Construction Manager as 462 East Shore Drive Adviser Edition. Suite 100 AIA DocumentA232Tm-2009 is Eagle, Idaho 83616 adopted in this document by Telephone Number: 208-939-4041 reference. Do not use with other Fax Number: 208-939-4445 general conditions unless this document is modified. The Owner and Construction Manager agree as follows. AIA Document C132TM —2009 /formerly 8801 TMC Me —1992). Copyright ©1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maxirnum extent possible under t the law. This document was produced by AIA software at 15:41:15 on 04/27/2016 under Order No.2098809396-1 which expires on 01/17/2017, and is not for resale. User Notes: (1683572825) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES 3 SCOPE OF CONSTRUCTION MANAGER'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section I.I. (Note the disposition for the following items by inserting the requested information or a statement such as "not applicable, " "unknown at time of execution" or "to be determined later by mutual agreement.') § 1.1.1 The Owner's program for the Project: (Identify documentation or state the manner in which the program will be developed) Unknown at time of execution § 1.1.2 The Project's physical characteristics: (Idents or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports, site, boundary and topographic surveys; traffic and zttility studies; availability of public and private utilities and services; legal description of the site; etc.) Unknown at time of execution § 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1: (Provide total and, if known, a line item breakdown) To Be Determined § 1.1.4 The Owner's anticipated design and construction schedule: .1 Design phase milestone dates, if any: Unknown at time of execution .2 Commencement of construction: AIA Document C132TM —2009 formerly B801 TMCMa —1992). Copyright(D 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIADocument is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 2 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 15:41:15 on 04/27/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1683572825) Unknown at time of execution .3 Substantial Completion date or milestone dates: Unknown at time of execution .4 Other: § 1.1.5 The Owner intends the following procurement method for the Project: (Identify method such as competitive bid, negotiated Contract or multiple Prime Contracts.) Competitive Bid - Multiple Prime Contracts § 1.1.6 The Owner's requirements for accelerated or fast-track scheduling, multiple bid packages, or phased construction are set forth below: (List number and type of bid/procurement packages) Fast track construction is not anticipated. The project is anticipated to be split into 2 Phases. Phase One is anticipated to develop approximately 40 acres. Size of future phases is (to be determined). § 1.1.7 Other Project information: (Idents special characteristics or needs of the Project not provided elsewhere, such as environmentally responsible design or historic preservation requirements) § 1.1.8 The Owner identifies the following representative in accordance with Section 5.5: (List name, address and other information.) Mike Barton, Parks Superintendent 33 East Broadway Avenue Meridian, Idaho 83642 Telephone Number: 208-888-4433 Fax Number: 208-887-4813 § 1.1.9 The persons or entities, in addition to the Owner's representative, who are required to review the Construction Manager's submittals to the Owner are as follows: (List name, address and other information.) The Land Group, Inc. 462 East Shore Drive Suite 100 Eagle, Idaho 83616 Telephone Number: 208-939-4041 Fax Number: 208-939-4445 § 1.1.10 Unless provided by the Construction Manager, the Owner will retain the following consultants and contractors: (List name, legal status, address and other information) .1 Land Surveyor: *As necessary AIA Document C132TM' — 2009 formerly B801 TMCIVla —1992). Copyright ©1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.B. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 15:41:15 on 04/27/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1683572825) .2 Geotechnical Engineer: *As necessary .3 Civil Engineer: *As necessary .4 Other: (List any other consultants retained by the Owner, such as a Project or Program Manager, or construction contractor) *As necessary *The Owner agrees to require it's consultants to coordinate all work efforts through the Architect. The Architect shall be responsible to incorporate all of the Owner's consultants work efforts into a complete set of construction documents to be used for permitting, bidding and construction purposes. § 1.1.11 The Construction Manager identifies the following representative in accordance with Section 2.4: (List name, address and other information) Michael J. Berard 11724 West Executive Drive Boise, Idaho 83713 Telephone Number: 208-336-9500 Fax Number: 208-336-7444 Mobile Number: 208-941-3199 Email Address: mberard@kreizenbeck.com § 1.1.12 The Construction Manager's staffing plan as required under Section 3.3.2 shall include: (List any speck requirements and personnel to be inchrded in the staffing plan, if known) To Be Determined § 1.1.13 The Construction Manager's consultants retained under Basic Services, if any: Cost Estimator: (List name, legal status, address and other information) .2 Other consultants: AIA Document C132TM' — 2009 formerly B801 TMCMa —1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init, reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 4 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 15:41:15 on 04/27/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1683572825) First Link, Inc. 4304 West Emerald Boise, Idaho 83706 Telephone Number: 208-941-6818 Fax Number: 208-384-9039 § 1.1.14 The Construction Manager's consultants retained under Additional Services: § 1.1.15 Other Initial Information on which the Agreement is based: § 1.2 The Owner and Construction Manager may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Construction Manager shall appropriately adjust the schedules, the Construction Manager's services and the Construction Manager's compensation. ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES § 2.1 The Construction Manager shall provide the services as set forth in this Agreement. § 2.2 The Construction Manager shall perform its services consistent with the skill and care ordinarily provided by construction managers practicing in the same or similar locality under the same or similar circumstances. The Construction Manager shall perform its services as expeditiously as is consistent with such skill and care and the orderly progress of the Project. § 2.3 The Construction Manager shall provide its services in conjunction with the services of an Architect as described in AIA Document B132TM-2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition. The Construction Manager shall not be responsible for actions taken by the Architect. § 2.4 The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 2.5 Except with the Owner's knowledge and consent, the Construction Manager shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Construction Manager's judgment with respect to this Project. § 2.6 The Construction Manager shall maintain the following insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits the Construction Manager normally maintains, the Owner shall reimburse the Construction Manager for any additional cost. § 2.6.1 Comprehensive General Liability with policy limits of not less than One Million Dollars and Zero Cents ($ 1,000,000.00 ) for each occurrence and in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering owned and rented vehicles operated by the Construction Manager with policy limits of not less than One Million Dollars and Zero Cents ($ 1,000,000.00 ) combined single limit and aggregate for bodily injury and property damage. § 2.6.3 The Construction Manager may use umbrella or excess liability insurance to achieve the required coverage for Comprehensive General Liability and Automobile Liability, provided that such umbrella or excess insurance results in the same type of coverage as required for the individual policies. § 2.6.4 Workers' Compensation at statutory limits and Employers Liability with a policy limit of not less than One Million Dollars and Zero Cents ($ 1,000,000.00 ). AIA Document C132TM —2009 formerly B801 TMCMa —1992). Copyright© 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:41:15 on 04/27/2016 under Order No.2098809396_1 which expires on 01117/2017, and is not for resale. User Notes: (1683572825) § 2.6.5 Professional Liability covering the Construction Manager's negligent acts, errors and omissions in its performance of services with policy limits of not less than One Million Dollars and Zero Cents ($ 1,000,000.00 ) per claim and in the aggregate. § 2.6.6 The Construction Manager shall provide to the Owner certificates of insurance evidencing compliance with the requirements in this Section 2.6. The certificates will show the Owner as an additional insured on the Comprehensive General Liability, Automobile Liability, umbrella or excess policies. ARTICLE 3 SCOPE OF CONSTRUCTION MANAGER'S BASIC SERVICES § 3.1 Definition The Construction Manager's Basic Services consist of those described in Sections 3.2 and 3.3 and include usual and customary construction coordination and scheduling, constructability review, cost estimating, and allocation of construction activities among the Multiple Prime Contractors. § 3.2 Preconstruction Phase § 3.2.1 The Construction Manager shall review the program furnished by the Owner and any evaluation of the Owner's program provided by the Architect, to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner and Architect. § 3.2.2 The Construction Manager shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other. § 3.2.3 The Construction Manager shall prepare, and deliver to the Owner, a written Construction Management Plan that includes, at a minimum, the following: (1) preliminary evaluations required in Section 3.2.2, (2) a Project schedule, (3) cost estimates, (4) recommendations for Project delivery method, and (5) Contractors' scopes of Work, if multiple Contractors or fast-track construction will be used. The Construction Manager shall periodically update the Construction Management Plan over the course of the Project. § 3.2.4 Based on preliminary design and other design criteria prepared by the Architect, the Construction Manager shall prepare preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume or similar conceptual estimating techniques for the Architect's review and Owner's approval. If the Architect suggests alternative materials and systems, the Construction Manager shall provide cost evaluations of those alternative materials and systems and may also provide its own suggestions. § 3.2.5 The Construction Manager shall expeditiously review design documents during their development and advise the Owner and Architect on proposed site use and improvements, selection of materials, and building systems and equipment. The Construction Manager shall also provide recommendations to the Owner and Architect on constructability, availability of materials and labor, sequencing for phased construction, time requirements for procurement, installation and construction, and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life -cycle data, and possible cost reductions. § 3.2.6 The Construction Manager shall prepare and periodically update the Project schedule included in the Construction Management Plan for the Architect's review and the Owner's acceptance. The Construction Manager shall obtain the Architect's approval for the portion of the Project schedule relating to the performance of the Architect's services. The Project schedule shall coordinate and integrate the Construction Manager's services, the Architect's services, other Owner consultants' services, and the Owner's responsibilities and highlight items that could affect the Project's timely completion. § 3.2.7 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construction Manager and Architect, estimates of the Cost of the Work of increasing detail and refinement. The Construction Manager shall include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in the estimates of the Cost of the Work. Such estimates shall be provided for the Architect's review and the Owner's approval. The Construction Manager shall advise the Owner and Architect if it appears that the Cost of the Work may exceed the Owner's budget and make recommendations for corrective action. AIA Document C132T1' —2009 /formerly 8801 TMCMa —1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 6 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:41:15 on 04/27/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1683572825) § 3.2.8 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall consult with the Owner and Architect and make recommendations whenever the Construction Manager determines that design details adversely affect constructability, cost or schedules. § 3.2.9 The Construction Manager shall provide recommendations and information to the Owner and Architect regarding the assignment of responsibilities for temporary Project facilities and equipment, materials and services for common use of the Contractors. The Construction Manager shall verify that such requirements and assignment of responsibilities are included in the proposed Contract Documents. § 3.2.10 The Construction Manager shall provide recommendations and information to the Owner regarding the allocation of responsibilities for safety programs among the Contractors. § 3.2.11 The Construction Manager shall provide recommendations to the Owner on the division of the Project into individual Contracts for the construction of various categories of Work, including the method to be used for selecting Contractors and awarding Contracts. If multiple Contracts are to be awarded, the Construction Manager shall review the Drawings and Specifications and make recommendations as required to provide that (1) the Work of the Contractors is coordinated, (2) all requirements for the Project are assigned to the appropriate Contract, (3) the likelihood of jurisdictional disputes is minimized, and (4) proper coordination is provided for phased construction. § 3.2.12 The Construction Manager shall update the Project schedule to include the components of the Work, including phasing of construction, times of commencement and completion required of each Contractor, ordering and delivery of products, including those that must be ordered well in advance of construction, and the occupancy requirements of the Owner. § 3.2.13 The Construction Manager shall expedite and coordinate the ordering and delivery of materials, including those that must be ordered well in advance of construction. § 3.2.14 The Construction Manager shall assist the Owner in selecting, retaining and coordinating the professional services of surveyors, special consultants and testing laboratories required for the Project. § 3.2.15 The Construction Manager shall provide an analysis of the types and quantities of labor required for the Project and review the availability of appropriate categories of labor required for critical phases. The Construction Manager shall make recommendations for actions designed to minimize adverse effects of labor shortages. § 3.2.16 The Construction Manager shall assist the Owner in obtaining information regarding applicable requirements for equal employment opportunity programs, and other programs as may be required by governmental and for quasi governmental authorities for inclusion in the Contract Documents. § 3.2.17 Following the Owner's approval of the Drawings and Specifications, the Construction Manager shall update and submit the latest estimate of the Cost of the Work and the Project schedule for the Architect's review and the Owner's approval. § 3.2.18 The Construction Manager shall submit the list of prospective bidders for the Architect's review and the Owner's approval. § 3.2.19 The Construction Manager shall develop bidders' interest in the Project and establish bidding schedules. The Construction Manager, with the assistance of the Architect, shall issue bidding documents to bidders and conduct pre-bid conferences with prospective bidders. The Construction Manager shall issue the current Project schedule with each set of bidding documents. The Construction Manager shall assist the Architect with regard to questions from bidders and with the issuance of addenda. § 3.2.20 The Construction Manager shall receive bids, prepare bid analyses and make recommendations to the Owner for the Owner's award of Contracts or rejection of bids. § 3.2.21 The Construction Manager shall assist the Owner in preparing Construction Contracts and advise the Owner on the acceptability of Subcontractors and material suppliers proposed by Multiple Prime Contractors. AIA Document C132TM —2009 formerly B801 TmCMa —1992). Copyright ©1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 7 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:41:15 on 04/27/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1683572825) § 3.2.22 The Construction Manager shall assist the Owner in obtaining building permits and special permits for permanent improvements, except for permits required to be obtained directly by the various Multiple Prime Contractors. The Construction Manager shall verify that the Owner has paid applicable fees and assessments. The Construction Manager shall assist the Owner and Architect in connection with the Owner's responsibility for filing documents required for the approvals of governmental authorities having jurisdiction over the Project. § 3.3 Construction Phase Administration of the Construction Contract § 3.3.1 Subject to Section 4.3, the Construction Manager's responsibility to provide Construction Phase Services commences with the award of the initial Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.3.2 The Construction Manager shall provide a staffing plan to include one or more representatives who shall be in attendance at the Project site whenever the Work is being performed. § 3.3.3 The Construction Manager shall provide on-site administration of the Contracts for Construction in cooperation with the Architect as set forth below and in AIA Document A232TM-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. If the Owner and Contractor modify AIA Document A232-2009, those modifications shall not affect the Construction Manager's services under this Agreement unless the Owner and the Construction Manager amend this Agreement. § 3.3.4 The Construction Manager shall provide administrative, management and related services to coordinate scheduled activities and responsibilities of the Multiple Prime Contractors with each other and with those of the Construction Manager, the Owner and the Architect. The Construction Manager shall coordinate the activities of the Multiple Prime Contractors in accordance with the latest approved Project schedule and the Contract Documents. § 3.3.5 Utilizing the construction schedules provided by the Multiple Prime Contractors, the Construction Manager shall update the Project schedule, incorporating the activities of the Owner, Architect, and Multiple Prime Contractors on the Project, including activity sequences and durations, allocation of labor and materials, processing of Shop Drawings, Product Data and Samples, and delivery and procurement of products, including those that must be ordered well in advance of construction. The Project schedule shall include the Owner's occupancy requirements showing portions of the Project having occupancy priority. The Construction Manager shall update and reissue the Project schedule as required to show current conditions. If an update indicates that the previously approved Project schedule may not be met, the Construction Manager shall recommend corrective action, if any, to the Owner and Architect. § 3.3.6 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress, coordination, and scheduling of the Work. The Construction Manager shall prepare and promptly distribute minutes to the Owner, Architect and Multiple Prime Contractors. § 3.3.7 Utilizing information from the Multiple Prime Contractors, the Construction Manager shall schedule and coordinate the sequence of construction and assignment of space in areas where the Multiple Prime Contractors are performing Work, in accordance with the Contract Documents and the latest approved Project schedule. § 3.3.8 The Construction Manager shall schedule all tests and inspections required by the Contract Documents or governmental authorities, and arrange for the delivery of test and inspection reports to the Owner and Architect. § 3.3.9 The Construction Manager shall endeavor to obtain satisfactory performance from each of the Multiple Prime Contractors. The Construction Manager shall recommend courses of action to the Owner when requirements of a Contract are not being fulfilled. § 3.3.10 The Construction Manager shall monitor and evaluate actual costs for activities in progress and estimates for uncompleted tasks and advise the Owner and Architect as to variances between actual and budgeted or estimated costs. If the Contractor is required to submit a Control Estimate, the Construction Manager shall meet with the Owner and Contractor to review the Control Estimate. The Construction Manager shall promptly notify the Contractor if there are any inconsistencies or inaccuracies in the information presented. The Construction Manager shall also report the Contractor's cost control information to the Owner. AIA Document C132TM —2009 formerly 8801 TMCMa —1992). Copyright© 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:41:15 on 04127/2016 under Order No.2098809396_1 which expires on 01117/2017, and is not for resale. User Notes: (1683572825) § 3.3.11 The Construction Manager shall develop cash flow reports and forecasts for the Project. § 3.3.12 The Construction Manager shall maintain accounting records on authorized Work performed under unit costs, additional Work performed on the basis of actual costs of labor and materials, and other Work requiring accounting records. § 3.3.12,1 The Construction Manager shall develop and implement procedures for the review and processing of Applications for Payment by Multiple Prime Contractors for progress and final payments. § 3.3.12.2 Not more frequently than monthly, the Construction Manager shall review and certify the amounts due the respective Contractors as follows: .1 Where there is only one Contractor responsible for performing the Work, the Construction Manager shall, within seven days after the Construction Manager receives the Contractor's Application for Payment, review the Application, certify the amount the Construction Manager determines is due the Contractor, and forward the Contractor's Application and Certificate for Payment to the Architect. .2 Where there are Multiple Prime Contractors responsible for performing different portions of the Project, the Construction Manager shall, within seven days after the Construction Manager receives each Contractor's Application for Payment: (1) review the Applications and certify the amount the Construction Manager determines is due each Contractor, (2) prepare a Summary of Contractors' Applications for Payment by summarizing information from each Contractor's Application for Payment, (3) prepare a Project Application and Certificate for Payment, (4) certify the total amount the Construction Manager determines is due all Multiple Prime Contractors collectively, and (5) forward the Summary of Contractors' Applications for Payment and Project Application and Certificate for Payment to the Architect. § 3.3.12.3 The Construction Manager's certification for payment shall constitute a representation to the Owner, based on the Construction Manager's evaluations of the Work and on the data comprising the Contractors' Applications for Payment, that, to the best of the Construction Manager's knowledge, information and belief, the Work has progressed to the point indicated and the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Construction Manager. The issuance of a Certificate for Payment shall further constitute a recommendation to the Architect and Owner that the Contractor be paid the amount certified. § 3.3.12.4 The certification of an Application for Payment or a Project Application for Payment by the Construction Manager shall not be a representation that the Construction Manager has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences for the Contractor's own Work, or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment; or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.3.13 The Construction Manager shall review the safety programs developed by each of the Multiple Prime Contractors solely and exclusively for purposes of coordinating the safety programs with those of the other Contractors and for making recommendations to the Owner for any safety programs not included in the Work of the Multiple Prime Contractors. The Construction Manager's responsibilities for coordination of safety programs shall not extend to direct control over or charge of the acts or omissions of the Contractor, Multiple Prime Contractors, Subcontractors, agents or employees of the Contractors or Multiple Prime Contractors or Subcontractors, or any other persons performing portions of the Work and not directly employed by the Construction Manager. § 3.3.14 The Construction Manager shall determine in general that the Work of each Contractor is being performed in accordance with the requirements of the Contract Documents and notify the Owner, Contractor and Architect of defects and deficiencies in the Work. The Construction Manager shall have the authority to reject Work that does not conform to the Contract Documents and shall notify the Architect about the rejection. The failure of the Construction Manager to reject Work shall not constitute the acceptance of the Work. The Construction Manager shall record any rejection of Work in its daily log and include information regarding the rejected Work in its progress reports to the AIA Document C132 TM —2009 formerly 8801 TtdCMa —1992). Copyright ©1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:41:15 on 04/27/2016 under Order No.2098809396_1 which expires on 01117/2017, and is not for resale. User Notes: (1683572825) Architect and Owner pursuant to Section 3.3.20.1. Upon written authorization from the Owner, the Construction Manager may require and make arrangements for additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed, and the Construction Manager shall give timely notice to the Architect of when and where the tests and inspections are to be made so that the Architect may be present for such procedures. § 3.3.15 The Construction Manager shall advise and consult with the Owner and Architect during the performance of its Construction Phase Services. The Construction Manager shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Construction Manager shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work of each of the Contractors, since these are solely the Contractor's rights and responsibilities under the Contract Documents. The Construction Manager shall not be responsible for a Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Construction Manager shall be responsible for the Construction Manager's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or Multiple Prime Contractors, Subcontractors, or their agents or employees, or any other persons or any other persons or entities performing portions of the Work. § 3.3.16 The Construction Manager shall transmit to the Architect requests for interpretations and requests for information of the meaning and intent of the Drawings and Specifications with its written recommendation, and assist in the resolution of questions that may arise. § 3.3.17 The Construction Manager shall review requests for changes, assist in negotiating Contractors' proposals, submit recommendations to the Architect and Owner, and, if they are accepted, prepare Change Orders and Construction Change Directives that incorporate the Architect's modifications to the Contract Documents. § 3.3.18 The Construction Manager shall assist the Initial Decision Maker in the review, evaluation and documentation of Claims, subject to Section 4.3.1.7. § 3.3.19 Utilizing the submittal schedules provided by each Contractor, the Construction Manager shall prepare, and revise as necessary, a Project submittal schedule incorporating information from the Owner, Owner's consultants, Owner's separate contractors and vendors, governmental agencies, and all other participants in the Project under the management of the Construction Manager. The Project submittal schedule and any revisions shall be submitted to the Architect for approval. The Construction Manager shall promptly review all Shop Drawings, Product Data, Samples and other submittals from the Multiple Prime Contractors for compliance with the submittal requirements of the Contract, coordinate submittals with information contained in related documents, and transmit to the Architect those that the Construction Manager recommends for approval. The Construction Manager's actions shall be taken in accordance with the Project submittal schedule approved by the Architect, or in the absence of an approved Project submittal schedule, with such reasonable promptness as to cause no delay in the Work or in the activities of the Contractor, other Multiple Prime Contractors, the Owner, or the Architect. § 3.3.20 The Construction Manager shall keep a daily log containing a record of weather, each Contractor's Work on the site, number of workers, identification of equipment, Work accomplished, problems encountered, and other similar relevant data as the Owner may require. § 3.3.20.1 The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the Owner, the Construction Manager shall submit written progress reports to the Owner and Architect, showing percentages of completion and other information identified below: .1 Work completed for the period; .2 Project schedule status; .3 Submittal schedule and status report, including a summary of remaining and outstanding submittals; .4 Request for information, Change Order, and Construction Change Directive status reports; .5 Tests and inspection reports; .6 Status report of nonconforming and rejected Work; .7 Daily logs; .8 Summary of all Multiple Prime Contractors' Applications for Payment; AIA Document C132TM — 2009 formerly B801 TMCMa —1992). Copyright ©1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 10 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:41:15 on 04/27/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1683572825) .9 Cumulative total of the Cost of the Work to date including the Construction Manager's compensation and reimbursable expenses at the job site, if any; .10 Any other items the Owner may require: § 3.3.20.2 In addition, for Projects constructed on the basis of the Cost of the Work, the Construction Manager shall include the following additional information in its progress reports: .1 Contractor's work force report; .2 Equipment utilization report; .3 Cost summary, comparing actual costs to updated cost estimates; and .4 Any other items as the Owner may require: § 3.3.21 Utilizing the documents provided by the Contractor, the Construction Manager shall maintain at the site one copy of all Contracts, Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record all changes and selections made during construction, and in addition, approved Shop Drawings, Product Data, Samples and similar required submittals. The Construction Manager shall maintain records, in duplicate, of principal building layout lines, elevations of the bottom of footings, floor levels and key site elevations certified by a qualified surveyor or professional engineer. The Construction Manager shall make all such records available to the Architect and the Contractor, and upon completion of the Project, shall deliver them to the Owner. § 3.3.22 The Construction Manager shall arrange for the delivery, storage, protection and security of Owner -purchased materials, systems and equipment that are a part of the Project until such items are incorporated into the Work. § 3.3.23 With the Architect and the Owner's maintenance personnel, the Construction Manager shall observe the Contractor's or Multiple Prime Contractors' final testing and start-up of utilities, operational systems and equipment and observe any commissioning as the Contract Documents may require. § 3.3.24 When the Construction Manager considers each Contractor's Work or a designated portion thereof is substantially complete, the Construction Manager shall, jointly with the Contractor, prepare for the Architect a list of incomplete or unsatisfactory items and a schedule for their completion. The Construction Manager shall assist the Architect in conducting inspections to determine whether the Work or designated portion thereof is substantially complete. § 3.3.25 When the Work or designated portion thereof is substantially complete, the Construction Manager shall prepare, and the Construction Manager and Architect shall execute, a Certificate of Substantial Completion. The Construction Manager shall submit the executed Certificate to the Owner and Contractor. The Construction Manager shall coordinate the correction and completion of the Work. Following issuance of a Certificate of Substantial Completion of the Work or a designated portion thereof, the Construction Manager shall evaluate the completion of the Work of the Contractor or Multiple Prime Contractors and make recommendations to the Architect when Work is ready for final inspection. The Construction Manager shall assist the Architect in conducting final inspections. § 3.3.26 The Construction Manager shall forward to the Owner, with a copy to the Architect, the following information received from the Contractor or Multiple Prime Contractors: (1) certificates of insurance received from the Contractor or Multiple Prime Contractors; (2) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (3) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (4) any other documentation required of the Contractor under the Contract Documents, including warranties and similar submittals. § 3.3.27 The Construction Manager shall deliver all keys, manuals, record drawings and maintenance stocks to the Owner. The Construction Manager shall forward to the Architect a final Project Application for Payment and Project Certificate for Payment or final Application for Payment and final Certificate for Payment upon the Contractor's compliance with the requirements of the Contract Documents. AIA Document C132TM —2009 �formeriy B801 TMCMa —1992). Copyright ©1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 11 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:41:15 on 04/27/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1683572825) § 3.3.28 Duties, responsibilities and limitations of authority of the Construction Manager as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Construction Manager, Architect, Contractor and Multiple Prime Contractors. Consent shall not be unreasonably withheld. § 3.3.29 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Construction Manager shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The Construction Manager shall provide the listed Additional Services only if specifically designated in the table below as the Construction Manager's responsibility, and the Owner shall compensate the Construction Manager as provided in Section 11.2. (Designate the Additional Services the Construction Manager shallprovide in the secondcolumn of the table below. In the third column indicate whether the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit, identify the exhibit.) Services Responsibility (Construction Manager, Owner or Not Provided) Location of Service Description (Section 4.2 below or in an exhibit attached to this document and identified belotiv) § 4.1.1 Measured drawings Not Provided § 4.1.2 Architectural interior design (B252TM-2007) Not Provided 4.1.3 Tenant -related services Not Provided § 4.1.4 Commissioning 211Tm-2007 Not Provided § 4.1.5 LEED certification (B214TM-2007) Not Provided § 4.1.6 Furniture, furnishings, and equipment design (B253TM-2007) Not Provided § 4.2 Insert a description of each Additional Service designated in Section 4. 1, if not further described in an exhibit attached to this document. § 4.3 Additional Services may be provided after execution of this Agreement, without invalidating this Agreement. Except for services required due to the fault of the Construction Manager, any Additional Services provided in accordance with this Section 4.3 shall entitle the Construction Manager to compensation pursuant to Section 11.3. § 4.3.1 Upon recognizing the need to perform the following Additional Services, the Construction Manager shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Construction Manager shall not proceed to provide the following services until the Construction Manager receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method, or bid packages in addition to those listed in Section 1,1.6; .2 Services necessitated by the enactment or revision of codes, laws or regulations or official interpretations after the date of this Agreement; .3 Preparation of documentation for alternate bid or proposal requests proposed by the Owner; .4 Preparation for, and attendance at, a public presentation, meeting or hearing; .5 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Construction Manager is party thereto; .6 Providing consultation concerning replacement of Work resulting from fire or other cause during construction and furnishing services required in connection with the replacement of such Work; .7 Assistance to the Initial Decision Maker, if other than the Architect; or AIA Document C132TM — 2009 formerly 8801 TMCMa —1992). Copyright ©1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 12 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 15:41:15 on 04/27/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1683572825) Service as the Initial Decision Maker. § 4.3.2 To avoid delay in the Construction Phase, the Construction Manager shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the Owner subsequently determines that all or parts of those services are not required, the Owner shall give prompt written notice to the Construction Manager, and the Owner shall have no further obligation to compensate the Construction Manager for those services: .1 Services in evaluating an extensive number of Claims submitted by a Contractor or others in connection with the Work when the Architect is serving as the Initial Decision Maker. .2 To the extent the Construction Manager's Basic Services are affected, providing Construction Phase Services 60 days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion, identified in Initial Information, whichever is earlier. .3 Services required in an emergency to coordinate the activities of a Contractor or Multiple Prime Contractors in the event of risk of personal injury or serious property damage, consistent with Section 3.3.13. § 4.3.3 If the services covered by this Agreement have not been completed within Forty ( 40 ) months of the date of this Agreement, through no fault of the Construction Manager, extension of the Construction Manager's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including the Owner's program, other objectives, schedule, constraints and criteria, special equipment, systems, and site requirements. Within 15 days after receipt of a written request from the Construction Manager, the Owner shall furnish the requested information as necessary and relevant for the Construction Manager to evaluate, give notice of, or enforce any lien rights, if any. § 5.2 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1, (2) the Owner's other costs, and (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the budget for the Cost of the Work or in the Project's scope and quality. § 5.3 The Owner acknowledges that accelerated, phased or fast-track scheduling provides a benefit, but also carries with it the risk of additional costs. If the Owner selects accelerated, phased or fast-track scheduling, the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 5.4 The Owner shall retain an Architect to provide services, duties and responsibilities as described in AIA Document B132-2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition. The Owner shall provide the Construction Manager a copy of the executed agreement between the Owner and Architect, and any further modifications to the agreement. § 5.5 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions pertaining to documents the Construction Manager submits in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Construction Manager's services. § 5.6 Unless provided by the Construction Manager, the Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. Init.AIA Document C1321m — 2009 formerly B801 TMCMa —1992). Copyright ©1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAO Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 13 this AlA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:41:15 on 04/27/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1683572825) § 5.7 Unless provided by the Construction Manager, the Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Construction Manager. Upon the Construction Manager's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Construction Manager to furnish them as an Additional Service, when the Construction Manager requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance and other liability insurance as appropriate to the services provided. § 5.9 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.10 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.11 The Owner shall provide prompt written notice to the Construction Manager and Architect if the Owner becomes aware of any fault or defect in Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service or any fault or defect in the Construction Manager's services. § 5.12 The Owner reserves the right to perform construction and operations related to the Project with the Owner's own forces, and to award contracts in connection with the Project which are not part of the Construction Manager's responsibilities under this Agreement. The Construction Manager shall notify the Owner if any such independent action will interfere with the Construction Manager's ability to perform the Construction Manager's responsibilities under this Agreement. When performing construction or operations related to the Project, the Owner agrees to be subject to the same obligations and to have the same rights as the Contractors. § 5.13 Except as otherwise provided in this Agreement, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor and the Construction Manager's consultants through the Construction Manager about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify the Construction Manager of any direct communications that may affect the Construction Manager's services. § 5.14 Before executing the Contract for Construction, the Owner shall coordinate the Construction Manager's duties and responsibilities set forth in the Contract for Construction with the Construction Manager's services set forth in this Agreement. The Owner shall provide the Construction Manager a copy of the executed agreements between the Owner and Contractors, including the General Conditions of the Contracts for Construction. § 5.15 The Owner shall provide the Construction Manager access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Construction Manager access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the contractors' general conditions costs, overhead and profit. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager's Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project as required under Sections 5.2 and 6.4. Evaluations of the Owner's budget, preliminary estimates for the Cost of the Work and detailed estimates of the Cost of the Work prepared by the Construction Manager represent the AIA Document C132TM — 2009 formerly B801TMCMa —1992). Copyright© 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 14 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:41:15 on 04/27/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1683572825) Construction Manager's judgment as a person or entity familiar with the construction industry It is recognized, however, that neither the Construction Manager nor the Owner has control over the cost of labor, materials or equipment, over Contractors' methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Construction Manager cannot and does not warrant or represent that bids or negotiated prices will not vary from the budget proposed, established or approved by the Owner, or from any cost estimate or evaluation prepared by the Construction Manager. § 6.3 If the Architect is providing detailed cost estimating services as an Additional Service, and a discrepancy exists between the Construction Manager's cost estimates and the Architect's cost estimates, the Architect and the Construction Manager shall work cooperatively to conform the cost estimates to one another. § 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Construction Manager, in consultation with the Architect, shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments. § 6.5 If the estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner's budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 in consultation with the Construction Manager and Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .3 implement any other mutually acceptable alternative. ARTICLE 7 COPYRIGHTS AND LICENSES The Construction Manager and the Construction Manager's consultants, if any, shall not own or claim a copyright in the Instruments of Service. The Construction Manager, the Construction Manager's consultants, if any, and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Construction Manager intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Construction Manager shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Construction Manager waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Construction Manager waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A232-2009, General Conditions of the Contract for Construction. The Owner or the Construction Manager, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Construction Manager shall indemnify and hold the Owner and the Owner's officers and employees harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys' fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of the Construction Manager, its employees and its consultants in the performance of professional services under this Agreement. The Construction Manager's duty to indemnify the Owner under this provision shall be limited to the available proceeds of insurance coverage. § 8.1.4 The Construction Manager and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provided in Section 9.7. AIA Document C132TM —2009 formerly B801TM'CMa —1992). Copyright ©1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 15 this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:41:15 on 04/27/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1683572825) § 8.2 Mediation § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Construction Manager's services, the Construction Manager may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Construction Manager shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box. If the Oivner and Construction Manager do not select a method of binding dispute resolution beloiv, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction) [ ] Arbitration pursuant to Section 8.3 of this Agreement [ X ] Litigation in a court of competent jurisdiction [ ] Other: (Specify) (Paragraphs deleted) ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Construction Manager in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Construction Manager's option, cause for suspension of performance of services under this Agreement. If the Construction Manager elects to suspend services, the Construction Manager shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Construction Manager shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Construction Manager shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Construction Manager's services. The Construction Manager's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Construction Manager shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Construction Manager shall be compensated for expenses incurred in the interruption and resumption of the Construction Manager's services. The Construction Manager's fees for the remaining services and the time schedules shall be equitably adjusted. AIA Document C132TM — 2009 formerly B801 TMCMa —1992). Copyright ©1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This RIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 16 this AleDocument, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 15:41:15 on 04/27/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1683572825) § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Construction Manager, the Construction Manager may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Construction Manager for the Owner's convenience and without cause. § 9.6 In the event of termination not the fault of the Construction Manager, the Construction Manager shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7. § 9.7 Termination Expenses are in addition to compensation for the Construction Manager's services and include expenses directly attributable to termination for which the Construction Manager is not otherwise compensated, plus an amount for the Construction Manager's anticipated profit on the value of the services not performed by the Construction Manager, as set forth below. § 9.7.1 In the event of termination for the Owner's convenience prior to commencement of construction, the Construction Manager shall be entitled to receive payment for services performed, costs incurred by reason of such termination and reasonable overhead and profit on Preconstruction services not completed during the Preconstruction Phase. § 9.7.2 In the event of termination for the Owner's convenience after commencement of construction, the Construction Manager shall be entitled to receive payment for services performed and costs incurred by reason of such termination, along with reasonable overhead and profit on services not completed during the Construction Phase. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, except that if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A232-2009, General Conditions of the Contract for Construction, except for purposes of this Agreement, the term "Work" shall include the work of all Contractors under the administration of the Construction Manager. § 10.3 The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Construction Manager shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. § 10.4 If the Owner requests the Construction Manager to execute certificates, the proposed language of such certificates shall be submitted to the Construction Manager for review at least 14 days prior to the requested dates of execution. If the Owner requests the Construction Manager to execute consents reasonably required to facilitate assignment to a lender, the Construction Manager shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Construction Manager for review at least 14 days prior to execution. The Construction Manager shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Construction Manager. § 10.6 Unless otherwise required in this Agreement, the Construction Manager shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. AIA Document C132TM —2009 formerly B801 TMCMa —1992). Copyright ©1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 17 this Ate Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:41:15 on 04/27/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1683572825) § 10.7 The Construction Manager shall have the right to include photographic or artistic representations of the design of the Project among the Construction Manager's promotional and professional materials. The Construction Manager shall be given reasonable access to the completed Project to make such representations. However, the Construction Manager's materials shall not include the Owner's confidential or proprietary information ifthe Owner has previously advised the Construction Manager in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Construction Manager in the Owner's promotional materials for the Project. § 10.8 If the Construction Manager or Owner receives information specifically designated by the other party as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. § 10.9 Owner reserves the right to review and audit Construction Manager's records in regards to materials, costs, services, or goods that are supplied or provided in pursuit of this Agreement. This request may be exercised at any time during the course of the Agreement, before final payment, or within 90 days of the conclusion of the Agreement. The failure to provide such records upon the reasonable demand of the Owner shall be considered a cause for breach of the Agreement and may be cause for termination and damages to the Owner. ARTICLE 11 COMPENSATION § 11.1 For the Construction Manager's Basic Services described under Article 3, the Owner shall compensate the Construction Manager as follows: § 11.1.1 For Preconstruction Phase Services in Section 3.2: (Insert amount of, or basis for, compensation, including stipulated sums, multiples or percentages) Phase One: The Pre -Construction Fee will be fixed at $100,000 of the Total Fee as identified in Article 11.1.2. Note: In the event the project does not get funded for construction, the Pre -Construction Fee will be fixed at $100,000. Future Phases: The Pre -Construction Fee will be (to be determined). Note: In the event the project does not get funded for construction, the Pre -Construction Fee will be fixed at (to be determined). § 11.1.2 For Construction Phase Services in Section 3.3: (Insert amount of, or basis for, compensation, including stipulated sums, multiples or percentages.) Phase One: Construction Management Fee is 5.25% of the total construction cost of the work. (This fee will become fixed at the end of the Pre -Construction Phase. Future Phases: Construction Management Fee is (% to be determined) of the total construction cost of the work. (This fee will become fixed at the end of the Pre -Construction Phase. § 11.2 For Additional Services designated in Section 4. 1, the Owner shall compensate the Construction Manager as follows: (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) 5.25% Fee plus all Direct Costs and Reimbursables § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate the Construction Manager as follows: (Insert amount of, or basis for, compensation.) AIA Document C13211— 2009 formerly B801 TMCMa —1992). Copyright ©1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 18 this AleDocument, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 15:41:15 on 04/27/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1683572825) 5.25% Fee plus all Direct Costs and Reimbursables § 11.4 Compensation for Additional Services of the Construction Manager's consultants when not included in Sections 11.2 or 11.3, shall be the amount invoiced to the Construction Manager plus percent( %), oras otherwise stated below: 5.25% Fee plus all Direct Costs and Reimbursables § 11.5 The hourly billing rates for services of the Construction Manager and the Construction Manager's consultants, if any, are set forth below. The rates shall be adjusted in accordance with the Construction Manager's and Construction Manager's consultants' normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) Employee or Category Rate ($0.00) Superintendent $68.00 / Hour General Foreman $54.00 / Hour Project Engineer $82.00 / Hour § 11.6 Compensation for Reimbursable Expenses § 11.6.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Construction Manager and the Construction Manager's consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Professional photography, and presentation materials requested by the Owner; .8 Construction Manager's consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Construction Manager's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .11 Other similar Project -related expenditures. .12 See Exhibit A Attached § 11.6.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Construction Manager and the Construction Manager's consultants plus Zero percent ( 0.00 %) of the expenses incurred. § 11.7 Payments to the Construction Manager § 11.7.1 An initial payment of Zero Dollars and Zero Cents ($ 0.00 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.7.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation ofthe Construction Manager's invoice. Amounts unpaid Twenty-one ( 21 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. (Insert rate of monthly or annual interest agreed upon.) 3/4 of 1% per month % AIA Document C132TM —2009 (formerly B801 TMCMa —1992). Copyright ©1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 19 this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 15:41:15 on 04/27/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1683572825) § 11.7.3 The Owner shall not withhold amounts from the Construction Manager's compensation to impose a penalty or liquidated damages on the Construction Manager, or to offset sums requested by or paid to Contractors for the cost of changes in the Work unless the Construction Manager agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.7.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: The Construction Manager is required to provide 100% Performance and Payment Bonds in the amount of the Construction Manager's Compensation Fee and General Conditions. ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Construction Manager. § 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document C132TM-2009, Standard Form Agreement Between Owner and Construction Manager as Adviser .2 AIA Document E201Tm-2007, Digital Data Protocol Exhibit, if completed, or the following: N/A .3 AIA Document E202TM-2008, Building Information Modeling Protocol Exhibit, if completed, or the following: N/A .4 Other documents: (List other documents, if any, including additional scopes of service forming part of the Agreement.) AIA A232-2009 General Conditions of the Contract for Construction, Construction Manager as Adviser Edition Supplemental General Conditions to the AIA A232-2009 General Conditions of the Contract for Construction Exhibit A This OWNER Tammy de Weerd, May (Printed name and title) as of the day and year first written above. 'Q Cily of w C! E IDIANI -4IDAHO ►z , Michael J. Berard, Man. (Printed name and title) R AIA Document C132TM — 2009 formerly 8801 TMCMa —1992). Copyright ©1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of 20 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 15:41:15 on 04/27/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1683572825) Exhibit A Kreiientieck,Gonstructors ;Reimbursable EX :eases w<„ ,' Included In Fee eim ursa e Expenses President x Vice President x Contract Administrator x Accountant x Administrative Assistant x Project Manager x Pre -Construction Coordination x Strategic Planning x Estimating x Scheduling x Bid Packaging & Bidding x o)reciEteimbursabies,.,,. , ,w . _,, Superintendent x Project Engineer x Assistant Superintendent / Foreman x Carpenter x General Liability Insurance x Professional Liability Insurance x Payment and Performance Bonds x Permits / Fees x Small Tools & Fasteners x Misc. General Conditions x Layout, Engineering & Surveying x Administrative - Printing Costs x Bid Expense Inc. Printing) x Federal Express / Mailing x Temporary Power x Temporary Electricity x Temporary Lighting x Temporary Water x Temporary Toilet x Temporary Heat / Winter Conditions x Temporary Phone & Internet x Temporary Fire Protection x Safety x First Aid Supplies x Temporary Fencing / Barricades x Traffic Control x Security x NO1 / SWPPP / Erosion Control x Project Sign x Job Office (with Mob/De-mob) x Job Office Supplies x Final Clean-upx Progressive Clean-up x Trash Haul -Off x Close-out, Warranty, O&M Manuals x Commissioning x Other Reimbursables per Contract x 11724 WEST EXECUTIVE DRIVE ® BoISE, IDAHO 83713 w 208.336.9500 208.336.7444 ICR No. RCE -764 1.0n.w- ® TM Document A232- 2009 General Conditions of the Contract for Construction, Construction Manager as Adviser Edition for the following PROJECT: (Name, and location or address) ADDITIONS AND DELETIONS: The author of this document has City of Meridian - 77 Acre Park added information needed for its Near East Lake Hazel Road in Meridian, Idaho completion. The author may also have revised the text of the original THE CONSTRUCTION MANAGER: AIA standard form. An Additions and (Name, legal status and address) Deletions Report that notes added information as well as revisions to the Kreizenbeck, LLC dba Kreizenbeck Constructors standard form text is available from 11724 West Executive Drive the author and should be reviewed. A Boise, Idaho 83713 vertical line in the left margin of this document indicates where the author THE OWNER: has added necessary information (Name, legal statits and address) and where the author has added to or deleted from the original AIA text. City of Meridian This document has important legal 33 East Broadway Avenue consequences. Consultation with an Meridian, Idaho 83642 attorney is encouraged with respect to its completion or modification. THE ARCHITECT: This document is intended to be used (Name, legal status and address) in conjunction with AIA Documents A132TM-2009, Standard Form of The Land Group, Inc. Agreement Between Owner and 462 East Shore Drive Contractor, Construction Manager as Suite 100 Adviser Edition; B132TM-2009, Eagle, Idaho 83616 Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition; and C132M-2009, Standard Form of Agreement Between Owner and Construction Manager as Adviser. AIA Document A232 TM — 2009(rev. 12/11) (formerly A201 T'"CMa —1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396-1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ARCHITECT AND CONSTRUCTION MANAGER 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES AIA Document A232 TM — 2009(rev. 12/11) (formerly A201 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights [nit. reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 2 this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under / the law. This document was produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) INDEX (Topics and numbers in bold are section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2.1, 3.2.2, 3.3.2, 3.12.8, 3.18, 8.3.1, 9.5. 1, 10. 1, 10.2.5, 13.4.2, 13.7 Addenda 1.1.1, 3.11, 4.2.14 Additional Costs, Claims for 3.2.4,3.7.4,3.7.5,6.1.1,7.3,9.10.3,9.10.4, 10.3, 10.4, 15.1.4 Additional Inspections and Testing 4.2.8, 12.2.1, 13.5 Additional Insured 11.1.4 Additional Time, Claims for 3.7.4, 3.7.5, 6.1.1, 7.3, 8.3, 10.3 Administration of the Contract 3.10, 4.2 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.19 Allowances 3.8, 7.3.8 All-risk Insurance 11.3.1, 11.3.1.1 Applications for Payment 4.2.7, 4.2.15, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.7, 9.8.3, 9.10.1, 9.10.3, 9.10.5, 11.1.3, 14.2.4 Approvals 2.1.1, 2.2.2, 2.4, 3.1.4, 3.10.1, 3.10.2, 3.12.4 through 3.12.10, 3.13.2, 3.15.2, 4.2.9, 9.3.2, 13.4.2, 13.5 Arbitration 8.3.1, 11.3.10, 13.1, 15.3.2, 15.4 ARCR[TECT 4 Architect, Certificates for Payment 9.4 Architect, Definition of 4.1.1 Architect, Extent of Authority 5.2, 7.1.2, 7.3.7, 7.4, 9.3.1, 9.4, 9.5, 9.8.3, 9.8.4, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 15.1.3, 15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1, 3.12.8, 4.2.1, 4.2.2, 4.2.8, 4.2.13, 5.2.1, 9.6.4, 15.2 Architect's Additional Services and Expenses 2.4, 11.3.1.1, 12.2.1, 12.2.4, 13.5.2 Architect's Administration of the Contract 4.2, 9.4, 9.5, 15.2 Architect's Approvals 3.12.8 Architect's Authority to Reject Work 4.2.8, 12.1.2, 12.2.1 Architect's Copyright 1.5 Architect's Decisions 4.2.8, 7.3.9, 7.4, 8.1.3, 8.3.1, 9.2, 9.4, 9.5, 9.8.3, 9.9.2, 13.5.2, 14.2.2, 14.2.4, 15.2 Architect's Inspections 3.7.4, 4.2, 9.8.3, 9.9.2, 9.10.1, 13.5 Architect's Instructions 3.2.4, 7.4, 9.4 Architect's Interpretations 4.2.8, 4.2.17, 4.2.18 Architect's On -Site Observations 4.2.2, 9.4, 9.5.1, 9.10.1, 12.1.1, 12.1.2, 13.5 Architect's Project Representative 4.2.16 Architect's Relationship with Contractor 1.1.2, 1.5, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.9.2, 3.9.3, 3.10, 3.11, 3.12.8, 3.16, 3.18, 4.2, 5.2, 6.2.2, 8.2, 11.3.7, 12.1, 13.5 Architect's Relationship with Construction Manager 1.1.2, 9.3 through 9.10, 10.3, 13.5.1, 10.3, 11.3.7, 13.4.2, 13.5.4 Architect's Relationship with Subcontractors 1.1.2, 4.2.8, 5.3, 9.6.3, 9.6.4 Architect's Representations 9.4, 9.5, 9.10.1 Architect's Site Visits 4.2.2,9.4,9.5.1,9.8.3,9.9.2,9.10.1, 13.5 Asbestos 10.3.1 Attorneys' Fees 3.18.1, 9.10.2, 10.3.3 Award of Other Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1, 5.2.1, 11.4.1 Binding Dispute Resolution 9.7, 11.3.9, 11.3.10, 13.1, 15.2.5, 15.2.6.1, 15.3. 1, 15.3.2, 15.4.1 AIA Document A232TM — 2009(rev. 12/11) (formerly A201 TM'CMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 3 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) Boiler and Machinery Insurance 11.3.2 BONDS, INSURANCE AND 11 Bonds, Lien 7.3.7.4, 9.10.3 Bonds, Performance and Payment 7.3.7.4, 9.6.7, 9.10.3, 11.3.9, 11.4 Building Permit 2.2.2, 3.7.1 Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 Certificates for Payment 4.2.2, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 15.1.3 Certificates of Inspection, Testing or Approval 13.5.4 Certificates of Insurance 9.3.2, 9.10.2, 11.1.3 Change Orders 1. 1. 1, 2.4, 3.4.2, 3.7.4, 3.8.2, 3.11, 3.12.8, 4.2.12, 4.2.13, 4.2.14, 5.2.3, 7.1.1, 7.1.2, 7.2, 7.3.2, 7.3.4, 7.3.6, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2, 15.1.3 Change Orders, Definition of 7.2 Changes 7.1 CHANGES IN THE WORK 2.2.1,3.4.2,3.11,3.12.8,4.2.13,4.2.14,7,8.3.1, 9.3.1.1 Claims, Definition of 15.1.1 CLAIMS AND DISPUTES 1.1.8, 3.2.4, 3.7.5, 6.1.1, 7.3.9, 8.3.2, 9.3.3, 9.10.3, 9.10.4, 10.3.3, 15, 15.4 Claims for Additional Cost 3.2.4, 3.7.5, 6.1.1, 7.3.9, 9.10.3, 9.10.4, 10.3.2, 10.4, 15.1.4 Claims for Additional Time 3.2.4, 3.7.5, 7, 8.3.2, 10.4, 15.1.5 Concealed or Unknown Conditions, Claims for 3.7 Claims for Damages 3.2.4, 3.18, 6.1.1, 6.2.5, 8.3.2, 9.3.3, 9.5.1.2, 9.10.2, 9.10.5, 10.3.3, 11.1.1, 11.3.5, 11.3.7, 15.1.6 Cleaning Up 3.15, 6.3 Commencement of Statutory Limitation Period 13.7 Commencement of the Work, Definition of 8.1.2 Communications, Owner to Architect 2.2.6 Communications, Owner to Construction Manager 2.2.6 Communications, Owner to Contractor 2.2.6 Communications Facilitating Contract Administration 3.9.1, 4.2.6 COMPLETION, PAYMENTS AND 9 Completion, Substantial 4.2.15, 8.1.1, 8.1.3, 8.2.3, 9.4.3.3, 9.8, 9.9.1, 9.10.3, 12.2.1, 12.2.2, 13.7 Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1 Consolidation or Joinder 15.4.4 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1. 1. 1, 3.4.2, 3.12.8, 4.2.12, 4.2.13, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1 Construction Manager, Building Permits 2.2.2 Construction Manager, Communications through 4.2.6 Construction Manager, Construction Schedule 3.10.1, 3.10.3 CONSTRUCTION MANAGER 4 Construction Manager, Definition of 4.1.2 Construction Manager, Documents and Samples at the Site 3.11 Construction Manager, Extent of Authority 3.12.7,3.12.8,4.1.3,4.2.1,4.2.4,4.2.5,4.2.9,7.1.2, 7.2, 7.3.1, 8.3, 9.3.1, 9.4.1, 9.4.2, 9.4.3, 9.8.2, 9.8.3, 9.8.4, 9.9.1, 12.1, 12.2.1, 14.2.2, 14.2.4 Construction Manager, Limitations of Authority and Responsibility 4.2.5, 4.2.8, 13.4.2 Construction Manager, Submittals 4.2.9 Construction Manager's Additional Services and Expenses 12.2.1 Construction Manager's Administration of the Contract 4.2, 9.4, 9.5 Construction Manager's Approval 2.4, 3.10.1, 3.10.2 AIA Document A232 TM — 2009(rev. 12/11) (formerly A201 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 4 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) Construction Manager's Authority to Reject Work 4.2.8, 12.2.1 Construction Manager's Decisions 7.3.7, 7.3.9, 9.4.1, 9.5.1 Construction Manager's Inspections 4.2.8, 9.8.3, 9.9.2 Construction Manager's On -Site Observations 9.5.1 Construction Manager's Relationship with Architect 1.1.2, 4.2.1, 4.2.7, 4.2.8, 4.2.9, 4.2.13, 4.2.15, 4.2.16, 4.2.20, 9.2.1, 9.4.2, 9.5, 9.6.1, 9.6.3, 9.8.2, 9.8.3, 9.8.4, 9.9.1, 9.10.1, 9.10.2, 9.10.3, 11.1.3, 12.2.4, 13.5.1, 13.5.2, 13.5.4, 14.2.2, 14.2.4 Construction Manager's Relationship with Contractor 3.2.2, 3.2.3, 3.3.1, 3.5, 3.10.1, 3.10.2, 3.10.3, 3.11, 3.12.5, 3.12.6, 3.12.7, 3.12.8, 3.12.9, 3.12.10, 3.13.2, 3.14.2, 3.15.2, 3.16, 3.17, 3.18.1, 4.2.4, 4.2.5, 4.2.6, 4.2.9, 4.2.14, 4.2.17, 4.2.20, 5.2, 6.2.1, 6.2.2, 7.1.2, 7.2, 7.3.5, 7.3.7, 7.3.10, 8.3.1, 9.2, 9.3.1, 9.4.1, 9.4.2, 9.7, 9.8.2, 9.8.3, 9.8.4, 9.9.1, 9.10.1, 9.10.2, 9.10.3, 10. 1, 10.3, 11.3.7, 12.1, 13.5.1, 13.5.2, 13.5.3, 13.5.4 Construction Manager's Relationship with Owner 2.2.2, 4.2.1, 10.3.2 Construction Manager's Relationship with Other Contractors and Owner's Own Forces 4.2.4 Construction Manager's Relationship with Subcontractors 4.2.8, 5.3, 9.6.3, 9.6.4 Construction Manager's Site Visits 9.5.1 Construction Schedules, Contractor's 3.10, 3.12.1, 3.12.2, 6.1.2, 15.1.5.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.3 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 11.3.9,14 Contract Administration 3.1.3, 4.2, 9.4, 9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2, 6.1, 11.1.3, 11.3.6, 11.4.1 Contract Documents, Copies Furnished and Use of 1.5.2, 2.2.5, 5.3 Contract Documents, Definition of 1.1.1 Contract Performance During Arbitration 15.1.3 Contract Sum 3.7.4, 3.7.5, 3.8, 3.10.2, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.3.1.1, 12.3, 14.2.4, 14.3.2, 15.1.4, 15.2.5 Contract Time 3.7.4, 3.7.5, 4, 3.10.2, 5.2.3, 7.2.3, 7.3.1, 7.3.5, 7.3. 10, 7.4, 8.1.1, 8.2.1, 8.2.3, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 14.3.2, 15.1.5.1, 15.2.5 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1.1 Contractor's Construction Schedules 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Contractor's Employees 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1 Contractor's Liability Insurance 11.1 Contractor's Relationship with Other Contractors and Owner's Own Forces 3.12.5, 3.14.2, 4.2.6, 6, 11.3, 12.1.2, 12.2.4 Contractor's Relationship with Subcontractors 1.2.2, 3.3.2, 3.18, 5, 9.6.2, 9.6.7, 9.10.2, 11.3.1.2, 11.3.7, 11.3.8, 14.2.1.2 Contractor's Relationship with the Architect 1. 1.2, 1.5, 3.2.2, 3.2.3, 3.2.4, 3.4.2, 3.5, 3.7.4, 3. 10. 1, 3.11, 3.12, 3.16, 3.18, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.5, 15.1.2, 15.2.1 Contractor's Relationship with the Construction Manager 1. 1.2, 3.2.2, 3.2.3, 3.3.1, 3.5, 3.10.1, 3.10.2, 3.10.3, 3.11, 3.12.5, 3.12.7, 3.12.9, 3.12.10, 3.13.2, 3.14.2, 3.15.1, 3.16, 3.17, 3.18.1, 4.2.4, 4.2.5, 5.2, 6.2. 1, 6.2.2, 7.1.2, 7.3.5, 7.3.7, 7.3.10, 8.3.1, 9.2, 9.3.1, 9.4.1, 9.4.2, 9.8.2, 9.9.1, 9.10.1, 9.10.2, 9.10.3, 10.1, 10.2.6, 10.3, 11.3.7, 12.1, 13.5.1, 13.5.2, 13.5.3, 13.5.4 Contractor's Representations 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor's Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor's Review of Contract Documents 3.2 Contractor's Right to Stop the Work 9.7 Contractor's Right to Terminate the Contract 14.1 Contractor's Submittals 3.10.2, 3.11, 3.12, 4.2.9, 9.2, 9.3, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 11.1.3, 11.4.2 Contractor's Superintendent 3.9, 10.2.6 Contractor's Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 4.2.5, 4.2.7, 6.1, 6.2.4, 7.1.3, 7.3.5, 7.3.7, 8.2, 10, 12, 14, 15.1.3 AIA Document A232 TM — 2009(rev. 12/11) (formerly A201 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 5 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) Contractual Liability Insurance 11.1.1.8, 11.2, 11.3.1.5 Coordination and Correlation 1.2, 3.2, 3.3.1, 3.10, 3.12.6, 6.1.2, 6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.2.5, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.3, 2.4, 9.4.1, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2 Correlation and Intent of the Contract Documents 1.2 Costs 2.4, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.6, 7.3.7, 7.3.8, 7.3.9, 11.3.1.2, 11.3.1.3, 11.3.4, 11.3.9, 12.1, 12.2.1, 13.5, 14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Other Contractors 3.14.2, 6.2.4, 9.5.1.5, 10.2.1.2, 10.2.5, 10.4, 11.1.1, 11.3, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 11.3.1, 12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.2, 10.3.3, 11.1.1, 11.3.5, 11.3.7, 14.2.4, 15.1.6 Damages for Delay 6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2, 15.1.5 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 3.7.4, 4.2.7, 4.2.8, 4.2.10, 4.2.11, 4.2.13, 4.2.15, 4.2.16, 4.2.17, 4.2.18, 4.2.19, 4.2.20, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5, 9.8.3, 9.8.4, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4, 15.1, 15.2 Decisions of the Construction Manager 7.3.7, 7.3.8, 7.3.9, 15.1, 15.2 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.3, 2.4, 3.5, 4.2.8, 6.2.5, 9.5.1, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1, 12.2.2 Definitions 1. 1, 2.1.1, 3.1.1, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 4.1.2, 7.2, 7.3.1, 8.1, 9.1, 9.8.1, 15.1.1 Delays and Extensions of Time 3.2, 3.7.4, 5.2.3, 7.2, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4,14.3.2, 15.1.5, 15.2.5 Disputes 7.3.8, 7.3.9, 9.3, 15.1, 15.2 DISPUTES, CLAIMS AND 3.2.4,6.1.1,6.3,7.3.9,9.3.3, 15, 15.4 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Ownership and Use 1. 1. 1, 1.5, 2.2.5, 3.11, 5.3 Duty to Review Contract Documents and Field Conditions 3.2 Effective Date of Insurance 8.2.2, 11.1.2 Emergencies 10.4, 14.1.1.2, 15.1.4 Employees, Contractor's 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.1, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.1.1, 11.3.7, 14.1, 14.2. 1.1 Equipment, Labor, Materials and or 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12.2, 3.12.3, 3.13.1, 3.15.1, 4.2.8, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.2 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3.3.1, 3.4.1, 3.5, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.5, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3 Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.3, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3, 15.1.5, 15.2.5 Failure of Payment 9.5.1.3, 9.7, 13.6, 14.1.1.3, 14.1.3, 14.2.1.2, 15.1.4 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.15, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.3.1, 11.3.5, 12.3, 15.2.1 Financial Arrangements, Owner's 2.2.1 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty and Warranties) Hazardous Materials 10.2.4, 10.3 Identification of Contract Documents 1.2.1 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.18, 9.10.2, 10.3.3, 10.3.5, 10.3.6, 11.3.1.2, 11.3.7 Information and Services Required of the Owner 2.1.2, 2.2, 4.2.6, 6.1.2, 6.2.5, 9.6.1, 9.6.4, 9.8, 9.9.1, 9.10.3, 10.3.2, 10.3.3, 11.2, 11.3.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.3, 15.1.2 Initial Decision 15.2 AIA Document A232 TM — 2009(rev. 12111) (formerly A201 TMCMa —1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 6 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Extent of Authority 14.2.2, 14.2.4, 15.1.3, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property 3.18.1, 10.2.1, 10.2.2, 10.2.8, 10.3, 10.3.3, 10.4, 11.1.1 Inspections 3.1.3, 3.7.1, 4.2.2, 9.8.2, 9.9.2, 9.10.1, 13.5 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.1.4, 3.3.3, 3.7.1, 4.2.4, 5.2.1, 7, 8.2.2, 12.1, 13.5.2 Instruments of Service, Definition of 1.1.7, 1.5, 1.6 Insurance 6.1.1, 7.3.7, 8.2.2, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 10.2.5, 11 Insurance, Boiler and Machinery 11.3.2 Insurance, Contractor's Liability 11.1 Insurance, Effective Date of 8.2.2, 11.1.2 Insurance, Loss of Use 11.3.3 Insurance, Owner's Liability 11.2 Insurance, Property 10.2.5, 11.3 Insurance, Stored Materials 9.3.2, 11.3.1 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1, 11.3.1.5 Insurance Companies, Settlement with 11.3.10 Intent of the Contract Documents 1.2, 4.2.18, 4.2.19, 7.4 Interest 9.7, 13.6 Interpretation 1.4, 4.2.8, 4.2.17, 4.2.18 Interpretations, Written 4.2.17, 4.2.18, 4.2.20 Joinder and Consolidation of Claims Required 15.4.4 Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.8.2, 3.8.3, 3.12.2, 3.12.3, 3.12.6, 3.12.10, 3.13.1, 3.15.1, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.6, 9.10.2, 10.2.1.2, 11.3.1, 14.2.1, 14.2.2 Labor Disputes 8.3.1 Laws and Regulations 3.2.3, 3.2.4, 3.7, 3.13.1, 10.2.2, 10.2.3, 13.5.1, 14.2.1 Liens 2.1.2, 9.3.3, 9.10.2, 9.10.4, 15.2.8 Limitation on Consolidation or Joinder 15.4.4 Limitations, Statutes of 15.4.1 Limitations of Authority 3.12.4, 4.1.3, 4.2.16 Limitations of Liability 9.6.7, 11.1.1, 12.2 Limitations of Time 3.10.1, 4.2.17, 4.2.20, 8.2.1, 9.3.3, 9.6.1, 9.8.4, 9.10.2, 10.2, 11.1.3, 12.1.1, 12.2.2.2, 12.2.5, 13.7, 14.1.1, 15.2.6.1 Loss of Use Insurance 11.3.3 Material Suppliers 1.5.1, 1.5.2, 3.12, 4.2.6, 4.2.8, 9.3.1, 9.3.1.2, 9.3.3, 9.5.3, 9.6.4, 9.6.5, 9.6.7, 9.10.5, 11.3.1 Materials, Hazardous 10.2.4, 10.3 Materials, Labor, Equipment and 1.1.3, 1.1.6, 1.5.1, 1.5.2, 3.4, 3.5, 3.8.2, 3.8.3, 3.12.2, 3.12.3, 3.12.6, 3.12.10, 3.13.1, 5.2.1, 6.2.1, 9.3.1, 9.3.2, 9.3.3, 9.5.1, 9.5.3, 9.6.4, 9.6.5, 9.6.7, 9.10.2, 9.10.5, 10.2.1, 10.2.4, 10.3 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.5, 4.2.11 Mechanic's Lien 2.1.2, 15.2.8 Mediation 8.3.1, 10.3.5, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.1 Minor Changes in the Work 1.1.1, 3.12.8, 4.2.13, 7.1, 7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1. 1.2, 3.11, 4.1.3, 4.2.14, 5.2.3, 7, 11.3.1 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.4.3, 9.8.3, 12.3 Nonconforming Work, Rejection and Correction of 2.3, 2.4, 3.2.3, 3.7.3, 9.4.3.3, 9.8.2, 9.8.3, 9.9.1, 11.1.1,12.2.2.1,12.2.3,12.2.4,12.2.5 Notice 1.5, 2.1.2, 2.2.1, 2.4, 3.2.4, 3.3.1, 3.7.1, 3.7.2, 3.7.5, 3.9.2, 3.12.9, 5.2.1, 6.3, 9.4.1, 9.7, 9.10.1, 9.10.2, 10.2.2, 10.2.6, 10.2.8, 10.3.2, 11.3.6, 12.2.2.1, 13.3, 13.5.1, 13.5.2, 14.1.2, 14.2.2, 14.4.2, 15.1.2, 15.1.4, 15.1.5.1, 15.2, 15.4.1 AIA Document A232Tm — 2009(rev. 12/11) (formerly A201 TMCMa —1992). Copyright© 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 7 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) Notice of Claims 3.7.2, 10.2.8, 15.1.2, 15.4.1 Notice of Testing and Inspections 13.5.1, 13.5.2 Notices, Permits, Fees and 3.7, 7.3.7, 10.2.2 Observations, On -Site 3.2.1, 9.5.1, 12.1.1 Occupancy 2.2.2, 9.6.6, 9.9, 11.3.1.5 On -Site Inspections 4.2.2, 9.10.1, 9.4.4, 9.5.1 Orders, Written 4.2.7, 4.2.18, 4.2.20 Other Contracts and Contractors 1.1.4, 3.14.2, 4.2.9, 6, 11.3.7, 12.1.2 OWNER 2 Owner, Definition of 2.1.1 Owner, Information and Services Required of the 2.1.2, 2.2, 4.2, 6.1.2, 6.1.3, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.2, 10.3.3, 11.2, 11.3, 13.5.1, 13.5.2, 14.1.1, 14.1.3, 15.1.3 Owner's Authority 1.5, 2.1.1, 2.3, 2.4, 3.4.2, 3.12.10, 3.14.2, 4.1.2, 4.1.3, 4.2.8, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2, 7.3.1, 8.2.2, 9.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.3.3, 11.3.10, 12.2.2.1, 12.3, 13.5.2, 14.2, 14.3. 1, 14.4, 15.2.7 Owner's Financial Capability 2.2.1, 13.2.2, 14.1.1 Owner's Liability Insurance 11.2 Owner's Relationship with Subcontractors 1.1.2, 5.2.1, 5.3, 5.4.1, 9.6.4, 9.10.2, 14.2.2 Owner's Right to Carry Out the Work 2.4, 12.2.4, 14.2.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction with Own Forces and to Award Other Contracts 6.1 Owner's Right to Stop the Work 2.3 Owner's Right to Suspend the Work 14.3 Owner's Right to Terminate the Contract 14.2 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.5, 1.5, 1.6, 3.11, 3.12.10, 3.17, 4.2.14, 4.2.18, 4.2.20 Partial Occupancy or Use 9.9, 11.3.1.5 Patching, Cutting and 3.14, 6.2.5 Patents and Copyrights, Royalties 3.17 Payment, Applications for 4.2.1, 4.2.7, 4.2.15, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.7, 9. 10. 1, 9.10.3, 9.10.5, 11.1.3 Payment, Certificates for 4.2.15, 7.3.9, 9.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9. 10. 1, 9.10.3, 14.1.1.3, 15.1.3 Payment, Failure of 9.4.1, 9.5, 9.7, 14.1.1.3 Payment, Final 4.2.1, 9.8.2, 9.10, 11.1.2, 11.3.1, 11.3.5, 12.3, 15.2.1 Payment Bond, Performance Bond and 5.4.1, 7.3.7, 9.6.7, 9.10.2, 9.10.3, 11, 11.4 Payments, Progress 9.3.1, 9.4.2, 9.6 PAYMENTS AND COMPLETION 9,14 Payments to Subcontractors 5.4.2, 9.3, 9.5.1.3, 9.5.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 9.10.5, 14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 5.4.1, 7.3.7, 9.6.7, 9.10.2, 9.10.3, 11, 11.4 Permits, Fees, Notices and Compliance with Laws 2.2.2, 3.7, 7.3.7.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.9, 4.2.10, 4.2.14 Progress and Completion 8.2, 9.3.1, 9.4.2, 9.6, 9.8, 9.10, 14.2.4, 15.1.6 Progress Payments 9.3.1, 9.4.2, 9.6 Project, Definition of 1.1.4 Project Representatives 4.2.16 Property Insurance 10.2.5, 11.3 Project Schedule 3.10.1, 3.10.3, 3.10.4, 4.2.2, 4.2.3, 4.2.4 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1. 5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1, 15.2.8, 15.4 Rejection of Work 3.5, 4.2.8, 12.2.1 Releases of and Waivers and of Liens 9.10.2 AIA Document A232'm — 2009(rev. 12/11) (formerly A201 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights Init. reserved. DARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 8 this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under / the law. This document was produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) Representations 1.3, 2.2.1, 3.5, 3.12, 6.2.2, 8.2.1, 9.3.3, 9.4.3, 9.5.1, 9.8.2, 9.10.1 Representatives 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.1, 4.2.2, 4.2.10, 5.1.1, 5.1.2, 13.2.1 Requests for Information 4.2.20 Resolution of Claims and Disputes 15 Responsibility for Those Performing the Work 3.3.2, 3.7.3, 3.12.8, 3.18, 4.2.2, 4.2.5, 4.2.8, 5.3, 6.1.2, 6.2, 6.3, 9.5.1, 9.8.2, 10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Feld Conditions by Contractor 1.2.2, 3.2, 3.7.3, 3.12.7 Review of Contractor's Submittals by Owner, Construction Manager and Architect 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 5.2, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12.5 Rights and Remedies 1.1.2, 2.3, 2.4, 3.7.4, 3.15.2, 4.2.8, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, 13.4, 14, 15.4 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 15.4 Safety of Persons and Property 10.2, 10.3, 10.4 Safety Precautions and Programs 3.3.1, 3.12, 4.2.5, 5.3, 10.1, 10.2, 10.3, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.9, 4.2.10 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3.10, 3.12.1, 3.12.2, 6.1.2, 15.1.5.2 Separate Contracts and Contractors 1. 1.4, 3.12.5, 3.14.2, 4.2.6, 4.2.11, 6, 8.3.1, 12.1.2 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.9, 4.2.10, 4.2.14 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2.2, 4.2.3, 4.2.15, 9.4.3.3, 9.8.3, 9.9.2, 9.10.1, 13.5 Site Visits, Architect's 3.7.4, 4.2.2, 4.2.15, 9.8.3, 9.9.2, 9.10.1, 13.5 Special Inspections and Testing 4.2.8, 12.2.1, 13.5 Specifications, Definition of 1.1.6 Specifications 1.1.1,1.1.6, 1.2.2, 1.5, 3.11, 3.12.10, 3.17, 4.2.14 Staffing Plan 4.2.3 Statute of Limitations 12.2.5, 13.7, 15.4.1.1 Stopping the Work 2.3, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 4.2.5, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6.2, 9.6.3, 9.10, 10.2.1, 14.1, 14.2 Submittals 3.2.3, 3.10, 3.11, 3.12, 4.2.9, 4.2.10, 4.2.11, 5.2.1, 5.2.3, 7.3.7, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3, 11.1.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.9, 4.2.10 Subrogation, Waivers of 6.1.1, 11.3.7 Substantial Completion 8.1.1, 8.1.3, 8.2.3, 9.4.3.3, 9.8, 9.9.1, 9.10.3, 12.2.1, 12.2.2, 13.7 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 4.1.4 Substitution of Construction Manager 4.1.4 Substitutions of Materials 3.4.2, 3.5, 7.3.8 Sub -subcontractor, Definition of 5.1.2 Subsurface Conditions 3.7.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.3, 4.2.5, 4.2.8, 4.2.9, 4.2.10, 4.2.11, 6.1.3, 6.2.4, 7.1.3, 7.3.7, 8.2, 8.3. 1, 9.4.3.3, 10, 12, 14, 15.1.3 AIA Document A232TM — 2009(rev. 12/11) (formerly A201 TMCMa —1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of 9 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) Surety 5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2, 15.2.7 Surety, Consent of 9.10.2, 9.10.3 Surveys 1.1.7, 2.2.3 Suspension by the Owner for Convenience 14.3 Suspension of the Work 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.8.2.1, 7.3.7.4 Termination by the Contractor 14.1, 15.1.6 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.6 Termination by the Owner for Convenience 14.4 Termination of the Contractor 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.4, 3.3.3, 4.2.2, 4.2.6, 4.2.8, 9.4.3.3, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 12.2.1, 13.5 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2, 7.3.1, 7.4, 8.3, 9.5.1, 10.3.2, 14.3.2, 15.1.5, 15.2.5 Time Limits 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2. 1, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4. 1, 9.4.2, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.4, 12.2, 13.5, 13.7, 14, 15 Time Limits on Claims 3.7.4, 10.2.8, 13.7, 15.1.2 Title to Work 9.3.2, 9.3.3 Transmission of Data in Digital Form 1.6 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices 7.3.3.2, 7.3.4 Use of Documents 1.1.1, 1.5, 2.2.5, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.4.2 Waiver of Claims by the Construction Manager 13.4.2 Waiver of Claims by the Contractor 9.10.5, 13.4.2, 15.1.6 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.4.2, 14.2.4, 15.1.6 Waiver of Consequential Damages 14.2.4, 15.1.6 Waiver of Liens 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.3.7 Warranty 3.5, 4.2.15, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2 Weather Delays 15.1.5.2 Work, Definition of 1.1.3 Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.3, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 10.3.2, 11.4.1, 13.2, 13.4.2, 15.4.4.2 Written Interpretations 4.2.17, 4.2.18 Written Notice 2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 5.2.1, 5.3, 5.4. 1. 1, 8.2.2, 9.4, 9.5.1, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14, 15.4.1 Written Orders 1.1.1, 2.3, 3.9, 7, 8.2.2, 12.1, 12.2, 13.5.2, 14.3.1, 15.1.2 AIA Document A232TIl — 2009(rev. 12/11) (formerly A201 TMCMa —1992). Copyright© 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 10 this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. 1 User Notes: 148669524) ARTICLE 1 GENERAL PROVISIONS § 1.1 Basic Definitions § 1.1.1 The Contract Documents. The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement), and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor's bid or proposal, or portions of addenda relating to bidding requirements). § 1.1.2 The Contract. The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect's consultants, (2) between the Owner and the Construction Manager or the Construction Manager's consultants, (3) between the Owner and the Architect or the Architect's consultants, (4) between the Contractor and the Construction Manager or the Construction Manager's consultants, (5) between the Owner and a Subcontractor or Sub -subcontractor (6) between the Construction Manager and the Architect, or (7) between any persons or entities other than the Owner and Contractor. The Construction Manager and Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of their duties. § 1.1.3 The Work. The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. § 1.1.4 The Project. The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by other Multiple Prime Contractors and by the Owner's own forces, including persons or entities under separate contracts not administered by the Construction Manager. § 1.1.5 The Drawings. The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. § 1.1.6 The Specifications. The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. § 1.1.7 Instruments of Service. Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect's consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 1.1.8 Initial Decision Maker, The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2 and certify termination of the Agreement under Section 14.2.2. § 1.2 Correlation and Intent of the Contract Documents § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. AIA Document A232TM — 2009(rev. 12/11) (formerly A201 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 11 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.3 Capitalization Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architects. § 1.4 Interpretation In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.5 Ownership and Use of Drawings, Specifications and Other Instruments of Service § 1.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and other reserved rights, including copyrights. The Contractor, Subcontractors, sub -subcontractors, and material or equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect, or Architect's consultants' reserved rights. § 1.5.2 The Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers are authorized to use and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect's consultants. § 1.6 Transmission of Data in Digital Form If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the Agreement or the Contract Documents. ARTICLE 2 OWNER § 2.1 General § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Article 4, the Construction Manager and the Architect do not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. § 2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein. § 2.2 Information and Services Required of the Owner § 2.2.1 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the AIA Document A232 TM — 2009(rev. 12/11) (formerly A201 T^'CMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 12 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. Unless otherwise provided under the Contract Documents, the Owner, through the Construction Manager, shall secure and pay for the building permit. § 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.2.4 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Contractor's performance of the Work with reasonable promptness after receiving the Contractor's written request for such information or services. § 2.2.5 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.2.6 The Owner shall endeavor to forward all communications to the Contractor through the Construction Manager and shall contemporaneously provide the same communications to the Architect about matters arising out of or relating to the Contract Documents. § 2.3 Owner's Right to Stop the Work If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right ofthe Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. § 2.4 Owner's Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Construction Manager's and Architect's and their respective consultants' additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect, after consultation with the Construction Manager. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR § 3.1 General § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means the Contractor or the Contractor's authorized representative. § 3.1.2 The plural term "Multiple Prime Contractors" refers to persons or entities who perform construction under contracts with the Owner that are administered by the Construction Manager. The term does not include the Owner's own forces, including persons or entities under separate contracts not administered by the Construction Manager. AIA Document A232TM — 2009(rev. 12/11) (formerly A201 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 13 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under / the law. This document was produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) § 3.1.3 The Contractor shall perform the Work in accordance with the Contract Documents. § 3.1.4 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Construction Manager or Architect in their administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. § 3.2 Review of Contract Documents and Field Conditions by Contractor § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Construction Manager and Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information submitted to the Construction Manager in such form as the Construction Manager and Architect may require. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Construction Manager and Architect any nonconformity discovered by or made known to the Contractor as a request for information submitted to Construction Manager in such form as the Construction Manager and Architect may require. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor's notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall make Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. § 3.3 Supervision and Construction Procedures § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instruction concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner, the Construction Manager, and the Architect and shall not proceed with that portion of the Work without further written instructions from the Architect, through the Construction Manager. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner -required means, methods, techniques, sequences or procedures. AIA Document A232TM — 2009(rev. 12/11) (formerly A201 TMCMa —1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 14 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669624) § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors. § 3.3.3 The Contractor shall be responsible for inspection of portions of the Project already performed to determine that such portions are in proper condition to receive subsequent Work. § 3.4 Labor and Materials § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections 3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect, in consultation with the Construction Manager, and in accordance with a Change Order or Construction Change Directive. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 3.5 Warranty The Contractor warrants to the Owner, Construction Manager, and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform with the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Construction Manager or Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.6 Taxes The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 3.7 Permits, Fees, Notices, and Compliance with Laws § 3.7.1 Unless otherwise provided in the Contract Documents, the Owner, through the Construction Manager, shall secure and pay for the building permit. The Contractor shall secure and pay for other permits, fees, licenses and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. § 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner, Construction Manager, and the Architect before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Architect and Construction AIA Document A232 TM — 2009(rev. 12/11) (formerly A201 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 15 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) Manager will promptly investigate such conditions and, if the Architect, in consultation with the Construction Manager, determines that they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect, in consultation with the Construction Manager, determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner, Construction Manager, and Contractor in writing, stating the reasons. If the Owner or Contractor disputes the Architect's determination or recommendation, either party may proceed as provided in Article 15. § 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner, Construction Manager, and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. § 3.8 Allowances § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents: .1 Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and .3 Whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor's costs under Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. § 3.9 Superintendent § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. § 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner and Architect through the Construction Manager, the name and qualifications of a proposed superintendent. The Construction Manager may reply within 14 days to the Contractor in writing stating (1) whether the Owner, the Construction Manager, or the Architect has reasonable objection to the proposed superintendent or (2) that any of them require additional time to review. Failure of the Construction Manager to reply within the 14 day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner, Construction Manager or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably be withheld or delayed. § 3.10 Contractor's Construction Schedules § 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information and the Construction Manager's approval a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project schedule to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. AIA Document A232TM — 2009(rev. 12/11) (formerly A201 TM'CMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 16 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) The Contractor shall cooperate with the Construction Manager in scheduling and performing the Contractor's Work to avoid conflict with, and as to cause no delay in, the work or activities of other Multiple Prime Contractors or the construction or operations of the Owner's own forces. § 3.10.2 The Contractor shall prepare a submittal schedule, promptly after being awarded the Contract and thereafter update it as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Construction Manager's and Architect's approval. The Architect and Construction Manager's approval shall not unreasonably be delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor's construction schedule, and (2) allow the Construction Manager and Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. § 3.10.3 The Contractor shall participate with other Contractors, the Construction Manager and Owner in reviewing and coordinating all schedules for incorporation into the Project schedule that is prepared by the Construction Manager. The Contractor shall make revisions to the construction schedule and submittal schedule as deemed necessary by the Construction Manager to conform to the Project schedule. § 3.10.4 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner, Construction Manager and Architect and incorporated into the approved Project schedule. § 3.11 Documents and Samples at the Site The Contractor shall maintain at the site for the Owner one copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and one copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These documents shall be available to the Architect and delivered to the Construction Manager for submittal to the Owner upon completion of the Work as a record of the Work as constructed. § 3.12 Shop Drawings, Product Data and Samples § 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. § 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3 Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. § 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect and Construction Manager is subject to the limitations of Sections 4.2.9 through 4.2.11. Informational submittals upon which the Construction Manager and Architect are not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Construction Manager or Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Construction Manager Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in accordance with the Project submittal schedule approved by the Construction Manager and Architect, or in the absence of an approved Project submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of other Multiple Prime Contractors or the Owner's own forces. The Contractor shall cooperate with the Construction Manager in the coordination of the Contractor's Shop Drawings, Product Data, Samples and similar submittals with related documents submitted by other Multiple Prime Contractors. § 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the Owner, Construction Manager, and Architect, that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so and (3) checked Init. AIA Document A232 TM — 2009(rev.12/11) (formerly A201 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 17 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been reviewed and approved by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations fi•om requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Construction Manager and Architect in writing of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect's approval thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Construction Manager and Architect on previous submittals. In the absence of such written notice, the Architect's approval of a resubmission shall not apply to such revisions. § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance and design criteria specified in the Contract Documents. § 3.13 Use of Site § 3.13.1 The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the approval of, the Construction Manager before using any portion of the site. § 3.14 Cutting and Patching § 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition existing prior to the cutting, fitting and patching, unless otherwise required by the Contract Documents. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner's own forces or of other Multiple Prime Contractors by cutting, patching, or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner's own forces or by other Multiple Prime Contractors except with written consent of the Construction Manager, AIA Document A232M— 2009(rev. 12/11) (formerly A201 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. AI I rights Init. reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 18 this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under / the law. This documentwas produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) Owner and such other Multiple Prime Contractors; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the other Multiple Prime Contractors or the Owner the Contractor's consent to cutting or otherwise altering the Work. § 3.15 Cleaning Up § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials from and about the Project. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner, or Construction Manager with the Owner's approval, may do so and the Owner shall be entitled to reimbursement from the Contractor. § 3.16 Access to Work The Contractor shall provide the Owner, Construction Manager and Architect access to the Work in preparation and progress wherever located. § 3.17 Royalties, Patents and Copyrights The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner, Construction Manager and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner, Architect, or Construction Manager, However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect through the Construction Manager. § 3.18 Indemnification § 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Construction Manager, Architect, Construction Manager's and Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itselo but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 4 ARCHITECT AND CONSTRUCTION MANAGER § 4.1 General § 4.1.1 The Owner shall retain an architect lawfully licensed to practice architecture or an entity lawfully practicing architecture in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. § 4.1.2 The Owner shall retain a construction manager lawfully licensed to practice construction management or an entity lawfully practicing construction management in the jurisdiction where the Project is located. That person or entity is identified as the Construction Manager in the Agreement and is referred to throughout the Contract Documents as if singular in number. AIA Document A232TM — 2009(rev. 12/11) (formerly A201 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 19 this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) § 4.1.3 Duties, responsibilities and limitations of authority of the Construction Manager and Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Construction Manager, Architect and Contractor. Consent shall not be unreasonably withheld. § 4.1.4 Ifthe employment of the Construction Manager or Architect is terminated, the Owner shall employ a successor construction manager or architect as to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Construction Manager or Architect, respectively. § 4.2 Administration of the Contract § 4.2.1 The Construction Manager and Architect will provide administration of the Contract as described in the Contract Documents and will be the Owner's representatives during construction until the date the Architect issues the final Certificate for Payment. The Construction Manager and Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner and Construction Manager (1) known deviations from the Contract Documents and from the most recent Project schedule prepared by the Construction Manager, and (2) defects and deficiencies observed in the Work. § 4.2.3 The Construction Manager shall provide a staffing plan to include one or more representatives who shall be in attendance at the Project site whenever the Work is being performed. The Construction Manager will determine in general if the Work observed is being performed in accordance with the Contract Documents, will keep the Owner reasonably informed of the progress of the Work, and will report to the Owner and Architect (1) known deviations from the Contract Documents and the most recent Project schedule, and (2) defects and deficiencies observed in the Work. § 4.2.4 The Construction Manager will schedule and coordinate the activities of the Contractor and other Multiple Prime Contractors in accordance with the latest approved Project schedule. § 4.2.5 The Construction Manager, except to the extent required by Section 4.2.4, and Architect will not have control over, or charge of, construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Section 3.3.1, and neither will be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. Neither the Construction Manager nor the Architect will have control over or charge of or be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. § 4.2.6 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate with each other through the Construction Manager, and shall contemporaneously provide the same communications to the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with other Multiple Prime Contractors shall be through the Construction Manager and shall be contemporaneously provided to the Architect if those communications are about matters arising out of or related to the Contract Documents. Communications by and with the Owner's own forces shall be through the Owner. § 4.2.7 The Construction Manager and Architect will review and certify all Applications for Payment by the Contractor, in accordance with the provisions of Article 9. § 4.2.8 The Architect and Construction Manager have authority to reject Work that does not conform to the Contract Documents and will notify each other about the rejection. The Construction Manager shall determine in general Init. AIA Document A232 TM — 2009(rev.12111) (formerly A201 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING. This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 20 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) whether the Work of the Contractor is being performed in accordance with the requirements of the Contract Documents and notify the Owner, Contractor and Architect of defects and deficiencies in the Work. Whenever the Construction Manager considers it necessary or advisable, the Construction Manager will have authority to require additional inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3, upon written authorization of the Owner, whether or not such Work is fabricated, installed or completed. The foregoing authority of the Construction Manager will be subject to the provisions of Sections 4.2.18 through 4.2.20 inclusive, with respect to interpretations and decisions of the Architect. However, neither the Architect's nor the Construction Manager's authority to act under this Section 4.2.8 nor a decision made by either of them in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect or the Construction Manager to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons performing any of the Work. § 4.2.9 The Construction Manager will receive and promptly review for conformance with the submittal requirements of the Contract Documents, all submittals fi•om the Contractor such as Shop Drawings, Product Data and Samples. Where there are Multiple Prime Contractors, the Construction Manager will also check and coordinate the information contained within each submittal received from Contractor and other Multiple Prime Contractors, and transmit to the Architect those recommended for approval. By submitting Shop Drawings, Product Data, Samples and similar submittals, the Construction Manager represents to the Owner and Architect that the Construction Manager has reviewed and recommended them for approval. The Construction Manager's actions will be taken in accordance with the Project submittal schedule approved by the Architect or, in the absence of an approved Project submittal schedule, with reasonable promptness while allowing sufficient time to permit adequate review by the Architect. § 4.2.10 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. Upon the Architect's completed review, the Architect shall transmit its submittal review to the Construction Manager. § 4.2.11 Review of the Contractor's submittals by the Construction Manager and Architect is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Construction Manager and Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5 and 3.12. The Construction Manager and Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Construction Manager and Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.12 The Construction Manager will prepare Change Orders and Construction Change Directives. § 4.2.13 The Construction Manager and the Architect will take appropriate action on Change Orders or Construction Change Directives in accordance with Article 7. and the Architect will have authority to order minor changes in the Work as provided in Section 7.4. The Architect, in consultation with the Construction Manager, will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.14 Utilizing the documents provided by the Contractor, the Construction Manager will maintain at the site for the Owner one copy of all Contract Documents, approved Shop Drawings, Product Data, Samples and similar required submittals, in good order and marked currently to record all changes and selections made during construction. These will be available to the Architect and the Contractor, and will be delivered to the Owner upon completion of the Project. § 4.2.15 The Construction Manager will assist the Architect in conducting inspections to determine the dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion in conjunction with the Architect pursuant to Section 9.8; and receive and forward to the Owner written warranties and related AIA Document A232 TM — 2009(rev. 12/11) (formerly A201 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 21 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) documents required by the Contract and assembled by the Contractor pursuant to Section 9.10. The Construction Manager will forward to the Architect a final Application and Certificate for Payment or final Project Application and Project Certificate for Payment upon the Contractor's compliance with the requirements of the Contract Documents. § 4.2.16 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. § 4.2.17 The Architect will interpret and decide matters concerning performance under, and requirements of the Contract Documents on written request of the Construction Manager, Owner or Contractor through the Construction Manager. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 4.2.18 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. § 4.2.19 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.20 The Construction Manager will receive and review requests for information from the Contractor, and forward each request for information to the Architect, with the Construction Manager's recommendation. The Architect will review and respond in writing to the Construction Manager to requests for information about the Contract Documents. The Construction Manager's recommendation and the Architect's response to each request will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. ARTICLE 5 SUBCONTRACTORS § 5.1 Definitions § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include other Multiple Prime Contractors or subcontractors of other Multiple Prime Contractors. § 5.1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub -subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub -subcontractor or an authorized representative of the Sub -subcontractor. § 5.2 Award of Subcontracts and Other Contracts for Portions of the Work § 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Construction Manager for review by the Owner, Construction Manager and Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Construction Manager may reply within 14 days to the Contractor in writing stating (1) whether the Owner, the Construction Manager or the Architect has reasonable objection to any such proposed person or entity or, (2) that the Construction Manager, Architect or Owner requires additional time for review. Failure of the Construction Manager, Owner, or Architect to reply within the 14 -day period shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner, Construction Manager or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner, Construction Manager or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner, Construction Manager or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, AIA Document A232TM — 2009(rev. 12/11) (formerly A201 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 22 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under / the law. This document was produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor, person or entity previously selected if the Owner, Construction Manager or Architect makes reasonable objection to such substitution. § 5.3 Subcontractual Relations By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including responsibility for safety of the Subcontractor's Work, which the Contractor, by these Documents, assumes toward the Owner, Construction Manager and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner, Construction Manager and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub -subcontractors. § 5.4 Contingent Assignment of Subcontracts § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor's rights and obligations under the subcontract. § 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. § 5.4.3 Upon such assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor Contractor or other entity. If the Owner assigns the subcontract to a successor Contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor Contractor's obligations under the subcontract. ARTICLE 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS § 6.1 Owner's Right to Perform Construction with Own Forces and to Award Other Contracts § 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, which include persons or entities under separate contracts not administered by the Construction Manager, and to award other contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15. § 6.1.2 When the Owner performs construction or operations with the Owner's own forces including persons or entities under separate contracts not administered by the Construction Manager, the Owner shall provide for coordination of such forces with the Work of the Contractor, who shall cooperate with them. AIA Document A232TM — 2009(rev. 12/11) (formerly A201 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 23 this AleDocument, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) § 6.1.3 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights that apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6, and Articles 10, 11 and 12. § 6.2 Mutual Responsibility § 6.2.1 The Contractor shall afford the Owner's own forces, Construction Manager and other Multiple Prime Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. § 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner's own forces or other Multiple Prime Contractors, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Construction Manager and Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's own forces or other Multiple Prime Contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs, including costs that are payable to a separate contractor or to other Multiple Prime Contractors because of the Contractor's delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of delays, improperly timed activities, damage to the Work or defective construction by the Owner's own forces or other Multiple Prime Contractors. § 6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner, separate contractors, or other Multiple Prime Contractors as provided in Section 10.2.5. § 6.2.5 The Owner and other Multiple Prime Contractors shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 Owner's Right to Clean Up If a dispute arises among the Contractor, other Multiple Prime Contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Construction Manager, with notice to the Architect, will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK § 7.1 General § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. § 7.1.2 A Change Order shall be based upon agreement among the Owner, Construction Manager, Architect and Contractor; a Construction Change Directive requires agreement by the Owner, Construction Manager and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. § 7.2 Change Orders A Change Order is a written instrument prepared by the Construction Manager and signed by the Owner, Construction Manager, Architect and Contractor, stating their agreement upon all of the following: .1 The change in the Work; Init. AIA Document A232 TM — 2009(rev. 12/11) (formerly A201 TM'CMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 24 this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) The amount of the adjustment, if any, in the Contract Sum; and The extent of the adjustment, if any, in the Contract Time. § 7.3 Construction Change Directives § 7.3.1 A Construction Change Directive is a written order prepared by the Construction Manager and signed by the Owner, Construction Manager and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Section 7.3.7. § 7.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Construction Manager and Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Construction Manager shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Construction Manager may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited to the following: .1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers compensation insurance; .2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 Additional costs of supervision and field office personnel directly attributable to the change. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Construction Manager and Architect. When AIA Document A232M— 2009(rev. 12/11) (formerly A201 TM'CMa —1992). Copyright© 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 25 this Ate Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Construction Manager and Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Construction Manager and Architect determine to be reasonably justified. The interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15. § 7.3.10 When the Owner and Contractor agree with a determination made by the Construction Manager and Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Construction Manager shall prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. § 7.4 Minor Changes in the Work The Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extdnsion of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will be effected by written order issued through the Construction Manager and shall be binding on the Owner and Contractor. ARTICLE 8 TIME § 8.1 Definitions § 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 Progress and Completion § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.3 Delays and Extensions of Time § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner, Owner's own forces, Construction Manager, Architect, any of the other Multiple Prime Contractors or an employee of any of them, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control; or by delay authorized by the Owner pending mediation and arbitration, or by other causes that the Architect, based on the recommendation of the Construction Manager, determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. AIA Document A232 TM — 2009(rev. 12/11) (formerly A201 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 26 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under / the law. This document was produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 Contract Sum The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.2 Schedule of Values Where the Contract is based on a Stipulated Sum or Guaranteed Maximum Price, the Contractor shall submit to the Construction Manager, before the first Application for Payment, a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. In the event there is one Contractor, the Construction Manager shall forward to the Architect the Contractor's schedule of values. If there are Multiple Prime Contractors responsible for performing different portions of the Project, the Construction Manager shall forward the Multiple Prime Contractors' schedules of values only if requested by the Architect. § 9.3 Applications for Payment § 9.3.1 At least fifteen days before the date established for each progress payment, the Contractor shall submit to the Construction Manager an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner, Construction Manager or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Construction Manager and Architect, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or material supplier unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. § 9.4 Certificates for Payment § 9.4.1 Where there is only one Contractor, the Construction Manager will, within seven days after the Construction Manager's receipt of the Contractor's Application for Payment, review the Application, certify the amount the Construction Manager determines is due the Contractor, and forward the Contractor's Application and Certificate for Payment to the Architect. Within seven days after the Architect receives the Contractor's Application for Payment from the Construction Manager, the Architect will either issue to the Owner a Certificate for Payment, with a copy to the Construction Manager, for such amount as the Architect determines is properly due, or notify the Construction Manager and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided AIA Document A232Tm — 2009(rev. 12/11) (formerly A201 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 27 this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) in Section 9.5. 1. The Construction Manager will promptly forward to the Contractor the Architect's notice of withholding certification. § 9.4.2 Where there are Multiple Prime Contractors performing portions of the Project, the Construction Manager will, within seven days after the Construction Manager receives the Multiple Prime Contractors' Applications for Payment: (1) review the Applications and certify the amount the Construction Manager determines is due each of the Multiple Prime Contractors; (2) prepare a Summary of Contractors' Applications for Payment by combining information from each Multiple Prime Contractors' application with information from similar applications for progress payments from other Multiple Prime Contractors; (3) prepare a Project Application and Certificate for Payment; (4) certify the amount the Construction Manager determines is due all Multiple Prime Contractors; and (5) forward the Summary of Contractors' Applications for Payment and Project Application and Certificate for Payment to the Architect. § 9.4.3 Within seven days after the Architect receives the Project Application and Project Certificate for Payment and the Summary of Contractors' Applications for Payment fi•om the Construction Manager, the Architect will either issue to the Owner a Project Certificate for Payment, with a copy to the Construction Manager, for such amount as the Architect determines is properly due, or notify the Construction Manager and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Section 9.5.1. The Construction Manager will promptly forward the Architect's notice of withholding certification to the Contractors. § 9.4.4 The Construction Manager's certification of an Application for Payment or, in the case of Multiple Prime Contractors, a Project Application and Certificate for Payment shall be based upon the Construction Manager's evaluation of the Work and the information provided as part of the Application for Payment. The Construction Manager's certification will constitute a representation that, to the best of the Construction Manager's knowledge, information and belief, the Work has progressed to the point indicated and the quality of the Work is in accordance with the Contract Documents. The certification will also constitute a recommendation to the Architect and Owner that the Contractor be paid the amount certified. § 9.4.5 The Architect's issuance of a Certificate for Payment or in the case of Multiple Prime Contractors, Project Application and Certificate for Payment, shall be based upon the Architect's evaluation of the Work, the recommendation of the Construction Manager, and information provided as part of the Application for Payment or Project Application for Payment. The Architect's certification will constitute a representation that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated, that the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. § 9.4.6 The representations made pursuant to Sections 9.4.4 and 9.4.5 are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Construction Manager or Architect. § 9.4.7 The issuance of a separate Certificate for Payment or a Project Certificate for Payment will not be a representation that the Construction Manager or Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed the Contractor's construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 Decisions to Withhold Certification § 9.5.1 The Construction Manager or Architect may withhold a Certificate for Payment or Project Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Construction Manager's or Architect's opinion the representations to the Owner required by Section 9.4.4 and 9.4.5 cannot be made. If the Construction Manager or Architect is unable to certify payment in the amount of the Application, the Construction Manager will notify the Contractor and Owner as provided in Section 9.4.1 and 9.4.3. If the Contractor, Construction Manager and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment or a Project Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Construction Manager or Architect may also withhold a Certificate for Payment or, because of AIA Document A232TM — 2009(rev. 12/11) (formerly A201 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 2$ this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment or Project Certificate for Payment previously issued, to such extent as may be necessary in the Construction Manager's or Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from the acts and omissions described in Section 3.3.2 because of .1 defective Work not remedied; .2 third parry claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a separate contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.5.3 If the Architect or Construction Manager withholds certification for payment under Section 9.5.1, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Construction Manager and both will reflect such payment on the next Certificate for Payment. § 9.6 Progress Payments § 9.6.1 After the Architect has issued a Certificate for Payment or Project Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Construction Manager and Architect. § 9.6.2 The Contractor shall pay each Subcontractor, no later than seven days after receipt of payment from the Owner the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in a similar manner. § 9.6.3 The Construction Manager will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Owner, Construction Manager and Architect on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner, Construction Manager nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. § 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money ofthe Contractor, shall create any fiduciary AIA Document A232TM — 2009(rev. 12/11) (formerly A201 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 29 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.7 Failure of Payment If the Construction Manager and Architect do not issue a Certificate for Payment or a Project Certificate for Payment, through no fault of the Contractor, within fourteen days after the Construction Manager's receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Construction Manager and Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days' written notice to the Owner, Construction Manager and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut -down, delay and start-up, plus interest as provided for in the Contract Documents. § 9.8 Substantial Completion § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall notify the Construction Manager, and the Contractor and Construction Manager shall jointly prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the list, the Architect, assisted by the Construction Manager, will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the list, which is not sufficiently complete in accordance with the requirements of the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect, assisted by the Construction Manager, to determine Substantial Completion. § 9.8.4 When the Architect, assisted by the Construction Manager, determines that the Work or designated portion thereof is substantially complete, the Construction Manager will prepare, and the Construction Manager and Architect shall execute a Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 9.9 Partial Occupancy or Use § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor and Construction Manager shall jointly prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall AIA Document A232 TM — 2009(rev.12/11) (formerly A201 TmCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 3n this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01117/2017, and is not for resale. User Notes: (1148669524) be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect after consultation with the Construction Manager. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Construction Manager, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 Final Completion and Final Payment § 9.10.1 Upon completion of the Work, the Contractor shall forward to the Construction Manager a written notice that the Work is ready for final inspection and acceptance and shall also forward to the Construction Manager a final Contractor's Application for Payment. Upon receipt, the Construction Manager will evaluate the completion of Work of the Contractor and then forward the notice and Application, with the Construction Manager's recommendations, to the Architect who will promptly make such inspection. When the Architect, finds the Work acceptable under the Contract Documents and the Contract fully performed, the Construction Manager and Architect will promptly issue a final Certificate for Payment or Project Certificate for Payment stating that to the best of their knowledge, information and belief, and on the basis of their on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Construction Manager's and Architect's final Certificate for Payment or Project Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect through the Construction Manager (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Construction Manager and Architect so confirm, the Owner shall, upon application by the Contractor and certification by the Construction Manager and Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect through the Construction Manager prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. AIA Document A232 TM — 2009(rev. 12/11) (formerly A201 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 31 this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:56:08 on 04120/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) § 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall submit the Contractor's safety program to the Construction Manager for review and coordination with the safety programs of other Contractors. The Construction Manager's responsibilities for review and coordination of safety programs shall not extend to direct control over or charge of the acts or omissions of the Contractors, Subcontractors, agents or employees of the Contractors or Subcontractors, or any other persons performing portions of the Work and not directly employed by the Construction Manager. § 10.2 Safety of Persons and Property § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub -subcontractors; .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and .4 construction or operations by the Owner or other Contractors. § 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. § 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2, 10.2.1.3 and 10.2.1.4 caused in whole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions of the Owner, Construction Manager or Architect or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner, Construction Manager and Architect. § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 Injury or Damage to Person or Property If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, AIA Document A232 TM — 2009(rev.12111) (formerly A201 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 32 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 Hazardous Materials § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to, asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner, Construction Manager and Architect in writing. § 10.3.2 Upon receipt of the Contractor's written notice, the Owner shall obtain the services of a licensed laboratory to verify a presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor, Construction Manager and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor, the Construction Manager and the Architect will promptly reply to the Owner in writing stating whether or not any of them has reasonable objection to the persons or entities proposed by the Owner. If the Contractor, Construction Manager or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor, the Construction Manager and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resumed upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut -down, delay and start-up. § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Construction Manager, Architect, their consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents, The Owner shall be responsible for materials or substances required by the Contract Documents, except to the extent of the Contractor's fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of a material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner's fault or negligence. § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. § 10.4 Emergencies In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. ARTICLE 11 INSURANCE AND BONDS § 11.1 Contractor's Liability Insurance § 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set AIA Document A232 TM — 2009(rev. 12/11) (formerly A201 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This Ale Document is protected by U.B. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 33 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) forth below which may arise out of or result from the Contractor's operations and completed operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 Claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; .2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; .3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; .4 Claims for damages insured by usual personal injury liability coverage; .5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; .6 Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; and .7 Claims for bodily injury or property damage arising out of completed operations; and .8 Claims involving contractual liability insurance applicable to the Contractor's obligations under Section 3.18. § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption from the date of commencement of the Work until the date of final payment and termination of any coverage required to be maintained after final payment and, with respect to the Contractor's completed operations coverage, until the expiration of the period for correction of Work or for such other period for maintenance of completed operations coverage as specified in the Contract Documents. § 11.1.3 Certificates of insurance acceptable to the Owner shall be submitted to the Construction Manager for transmittal to the Owner with a copy to the Architect prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment as required by Section 9,10.2 and thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section 11.1.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness. § 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include (1) the Construction Manager, the Construction Manager's consultants, the Owner, the Architect, and the Architect's consultants as additional insureds for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's completed operations. § 11.2 Owner's Liability Insurance The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. § 11.3 Property Insurance § 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk "all risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub -subcontractors in the Project. AIA Document A232 TM — 2009(rev.12/11) (formerly A201 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 34 this RIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under / the law. This document was produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) § 11.3.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for the Architect's, Contractor's, and Construction Manager's services and expenses required as a result of such insured loss. § 11.3.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance that will protect the interests of the Contractor, Subcontractors and Sub -subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above, without so notifying the Contractor in writing, then the Owner shall bear all reasonable costs properly attributable thereto. § 11.3.1.3 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such deductibles. § 11.3.1.4 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work in transit. § 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. § 11.3.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Construction Manager, Contractor, Subcontractors and Sub -subcontractors in the Work, and the Owner and Contractor shall be named insureds. § 11.3.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused. § 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. § 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of Section 11.3.7 for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. § 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Section 11.3. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days' prior written notice has been given to the Contractor. § 11.3.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub -subcontractors, agents and employees each of the other, and (2) the Construction Manager, AIA Document A232 TM — 2009(rev. 12/11) (formerly A201 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 35 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub -subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work, except such rights as the Owner and Contractor may have to the proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Construction Manager, Construction Manager's consultants, Architect, Architect's consultants, Owner's separate contractors described in Article 6, if any, and the subcontractors, sub -subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. § 11.3.8 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub -subcontractors in similar manner. § 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined in accordance with the method of binding dispute resolution selected in the Agreement between the Owner and Contractor. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. § 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection is made, the dispute shall be resolved in the manner selected by the Owner and Contractor as the method of binding dispute resolution in the Agreement. If the Owner and Contractor have selected arbitration as the method of binding dispute resolution, the Owner as fiduciary shall make settlement with insurers or distribution of insurance proceeds in accordance with the direction of the arbitrators. § 11.4 Performance Bond and Payment Bond § 11.4.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. § 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 Uncovering of Work § 12.1.1 If a portion of the Work is covered contrary to the Construction Manager's or Architect's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by either, be uncovered for their observation and be replaced at the Contractor's expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered which the Construction Manager or Architect has not specifically requested to observe prior to its being covered, the Construction Manager or Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such costs and the cost of correction shall be at the Contractor's expense unless the condition was caused by the Owner or one of the other Contractors in which event the Owner shall be responsible for payment of such costs. Init. AIA Document A232 TM — 2009(rev. 12/11) (formerly A201 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 36 this Al e Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) § 12.2 Correction of Work § 12.2.1 Before or After Substantial Completion The Contractor shall promptly correct Work rejected by the Construction Manager or Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Construction Manager's and Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. § 12.2.2 After Substantial Completion § 12.2.2.1 In addition to the Contractor's obligations under Section 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof, or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.4. § 12.2.2.2 The one-year period shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors or other Multiple Prime Contractors caused by the Contractor's correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. § 12.3 Acceptance of Nonconforming Work If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 Governing Law The Contract shall be governed by the law of the place where the Project is located except that, if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4. § 13.2 Successors and Assigns § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to covenants, agreements and obligations contained in the Contract Documents. Except as provided in AIA Document A232 TM — 2009(rev. 12/11) (formerly A201 TMCMa —1992). Copyright© 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 37 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible tinder the law. This document was produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. § 13.3 Written Notice Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the firm or entity or to an officer of the corporation for which it was intended; or if delivered at or sent by registered or certified mail or by courier service providing proof of delivery to, the last business address known to the party giving notice. § 13.4 Rights and Remedies § 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. § 13.4.2 No action or failure to act by the Owner, Construction Manager, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. § 13.5 Tests and Inspections § 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Construction Manager and Architect timely notice of when and where tests and inspections are to be made so that the Construction Manager and Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor. § 13.5.2 If the Construction Manager, Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 13.5.1, the Construction Manager and Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Construction Manager and Architect of when and where tests and inspections are to be made so that the Construction Manager and Architect may be present for such procedures. Such costs except as provided in Section 13.5.3, shall be at the Owner's expense. § 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions ofthe Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Construction Manager's and Architect's services and expenses shall be at the Contractor's expense. § 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Construction Manager for transmittal to the Architect. § 13.5.5 If the Construction Manager or Architect is to observe tests, inspections or approvals required by the Contract Documents, the Construction Manager or Architect will do so promptly and, where practicable, at the normal place of testing. AIA Document A232TM — 2009(rev. 12/11) (formerly A201TM'CIVIa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 38 this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) § 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.6 Interest Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. § 13.7 Time Limits on Claims The Owner and the Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the time period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and the Contractor waive all claims and causes of action not commenced in accordance with this Section 13.7. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 Termination by the Contractor § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government, such as a declaration of national emergency that requires all Work to be stopped; .3 Because the Construction Manager has not certified or the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 The Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Section 2.2.1. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365 -day period, whichever is less. § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days' written notice to the Owner, Construction Manager and Architect, terminate the Contract and recover from the Owner payment for Work executed including reasonable overhead and profit, costs incurred by reason of such termination, and damages. § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner, Construction Manager and Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 Termination by the Owner for Cause § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. AIA Document A232TM — 2009(rev. 12/11) (formerly A201 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 39 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under / the law. This document was produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) § 14.2.2 When any of the above reasons exist, the Owner, after consultation with the Construction Manager, and upon certification by the Initial Decision Maker that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Construction Manager's and Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall, upon application, be certified by the Initial Decision Maker after consultation with the Construction Manager, and this obligation for payment shall survive termination of the Contract. § 14.3 Suspension by the Owner for Convenience § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. § 14.3.2 The Contract Sum and the Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract. § 14.4 Termination by the Owner for Convenience § 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. § 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. § 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE 15 CLAIMS AND DISPUTES § 15.1 Claims § 15.1.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract The responsibility to substantiate Claims shall rest with the party making the Claim. AIA Document A232TI — 2009(rev. 12/11) (formerly A201 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 40 this AlA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) § 15.1.2 Notice of Claims. Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial Decision Maker with a copy sent to the Construction Manager and Architect, if the Construction Manager and or Architect is not serving as the Initial Decision Maker. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 15.1.3 Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. The Construction Manager will prepare Change Orders and the Architect will issue a Certificate for Payment or Project Certificate for Payment in accordance with the decisions of the Initial Decision Maker. § 15.1.4 Claims for Additional Cost. If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.3. § 15.1.5 Claims for Additional Time § 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. § 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. § 15.1.6 Claims for Consequential Damages. The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 14. Nothing contained in this Section 15.1.6 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. § 15.2 Initial Decision § 15.2.1 Claims, excluding those arising under Sections 10.3, 10.4, 11.3.9, and 11.3.10, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker's sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision AIA Document A232 TM — 2009(rev. 12/11) (formerly A201 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 41 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/1712017, and is not for resale. User Notes: (1148669524) Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner's expense. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of such request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt ofthe response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect and Construction Manager, if the Architect or Construction Manager is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution. § 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1. § 15.2.6.1 Either party may, within 30 days from the date of an initial decision, demand in writing that the other party file for mediation within 60 days of the initial decision. If such a demand is made and the party receiving the demand fails to file for mediation within the time required, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. § 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. § 15.2.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 15.3 Mediation § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.6 shall be subject to mediation as a condition precedent to binding dispute resolution. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 15.3.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 15.4 Arbitration § 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party filing a AIA Document A232TM — 2009(rev. 12/11) (formerly A201 TMCMa —1992). Copyright© 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 42 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. § 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. § 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. § 15.4.4 Consolidation or Joinder § 15.4.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 15.4.4.2 Either parry, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Contractor under this Agreement. AIA Document A232TM — 2009(rev.12/11) (formerly A201 TMCMa —1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 43 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:56:08 on 04/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1148669524) SUPPLEMENTARY CONDITIONS This document supplements, modifies, changes, and adds to the GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION, Construction Manager as Advisor Edition, AIA Document A232- 2009 for the Project entitled CITY OF MERIDIAN — 77 ACRE PARK. Deletions from the General Conditions are indicated directly on the General Conditions by a line drawn through the deleted language. The Articles and Paragraphs set forth in these Supplementary Conditions correspond to the Articles and Paragraphs in the General Conditions. In the event that any provision of these Supplementary Conditions is inconsistent with a provision of the General Conditions, as modified, these Supplementary Conditions control. Where any Article, Paragraph, Subparagraph or Clause of the General Conditions is modified or deleted by these Supplementary Conditions, the unaltered provisions of the Article, Paragraph, Subparagraph or Clause remain in effect. ARTICLE 1; GENERAL PROVISIONS 1.1.1 In the first sentence, insert ", as modified" after "Contractor" and after "General". Insert the following paragraph as a second paragraph in section 1.1.1: "The Contract Documents also include the Standard Form of Agreement between Owner and Architect, AIA Document B132-2009, as modified, and the Standard Form of Agreement Between Owner and Construction Manager as Advisor, AIA Document C132-2009, as modified. The Contractor ("Contractor") acknowledges that the Contract Documents are adequate and sufficient to provide for the completion of the Work, and include all work, whether or not shown or described, which reasonably may be inferred to be required or useful for the completion of the Work in accordance with all applicable laws, codes and professional standards." 1.1.2 In the second sentence: (a) following "The Contract", insert ", together with the performance bond and payment bond, if any,"; (b) change "represents" to "represent" (b) change "supersedes" to "supersede". 1.1.4.1 The entire project shall be considered as one "portion" unless separate areas or phases are designated for separate completion times or separate areas of completion and occupancy. This definition is for use in determining release of retainage. 1.2 Add the following Subparagraphs: 1.2.4 The "Section Includes" listing at the beginning of the specification section presents a brief indication of the principal Work included in that Section, but does not limit Work to subject. 1.2.5 Anything mentioned in the specifications and not shown on the Drawings, or shown on the Drawings and not mentioned in the Specifications, shall be of like effect as if shown or mentioned in both. In case of discrepancy in the figures, in the Drawings, or in the Specifications, the matter shall be promptly submitted to the Architect. 1.2.6 Failure to report a conflict in the Contract Documents prior to bidding shall be deemed evidence that the Contractor has elected to proceed in the more expensive manner without additional compensation to the contractor. 1.2.7 The Specifications have been partially "streamlined" and some words and phrases have been intentionally omitted. Missing portions shall be supplied by inference as with notes on drawings. 1.2.8 The words "approved", "directed", "selected" and similar words and phrases shall be presumed to be followed by "by Architect". The words "satisfactory", "submitted", "reported" and similar words and phrases shall be presumed to be followed by "to Architect". Words like "install", "provide", "furnish" and "supply" shall be construed to include complete furnishing and installing or construction. 1.2.9 Instructions, directions and requirements as specified shall be considered to be followed the SC1 phrase "unless otherwise specified or indicated". 1.2.10 A colon (:) following a material or item shall be used in place of the words, "shall be". 1.5 1.5.1 Delete Subparagraph 1.5.1 and replace with the follow: The Architect, the Architect's consultants, and the Construction Manager, shall be deemed the authors and owners of their respective Instruments of Services, including Drawings, Specifications, Instructions to Bidders, and Schedules, and will retail all common law, statutory and other reserved rights, including copyrights. The Contractor, Subcontractors, sub - subcontractors, and material or equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect, Architect's consultants', or Construction Manager's reserved rights. 1.5.3 Add the following: Each Prime Contractor will be furnished, free of charge, a minimum of two (2) sets of Drawings and Project Manuals for use in construction of this Project. Additional sets will be at the Prime Contractor's expense. 1.7 The Owner, Construction Manager, Contractor and Architect shall endeavor to promote harmony and cooperation among each other and other persons or entities employed for the Project. Owner, Architect, Contractor, Construction Manager, and Subcontractors and others are a team dedicated to providing a quality Project. Each member of the team is committed to (a) preservation and enhancement of the educational mission of the Owner, (b) employee and public safety, (c) protection of the environment, and (d) minimizing inconvenience to the students, faculty, staff and public. To further the team goals, each team member intends to deal with each other in a fair, reasonable, trusting and professional manner, including but not limited to the following: 1.7.1 Each party shall: 1.7.1.1 Communicate and resolve problems within the terms of the Contract Documents. 1.7.1.2 Make decisions at the lowest possible level. 1.7.1.3 Communicate openly and honestly. 1.7.1.4 Treat each other with mutual respect, resolve personal conflicts immediately, avoid personal attacks, and focus on the merits of the Project. 1.7.1.5 Timely notify each party of meetings. 1.7.1.6 Attend and support weekly, morning and other meetings. 1.7.1.7 Prevent grudges from interfering with professionalism and the merits of the Project. 1.7.1.8 Admit errors, mistakes and false starts. 1.7.2 Each party shall: 1.7.2.1 In the event of any claim arising from or relating to the Contract Documents or the breach thereof, the parties shall use their best efforts to settle the claim. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to all parties. 1.7.2.2 Notice of any claim by the Contractor, Subcontractor and/or Supplier arising from or relating to the Contract Documents or the breach thereof must be given to the Owner and Construction Manager through a detailed written statement within twenty-one (21) days of the date on which the Contractor, Subcontractor or Supplier knew or reasonably should have known of the facts constituting the claim. The Contractor, Subcontractor or Supplier shall follow the notice provisions in Paragraph 13.13 of these Supplementary Conditions. If notice of claims is not given to the Owner and Construction Manager by the Contractor, SC2 Subcontractor and/or Supplier, or any other person required to follow the Contract Documents within this time period and in this manner the claims are forever barred. 1.7.2.3 The Owner, Contractor, Subcontractor and/or Supplier agree to jointly engage the service of a mediator to independently analyze and evaluate the merits of any disputes that may arise between them under the Contract Documents and to assist them in resolving such disputes in an amicable manner, in order to avoid litigation or any other proceeding involving a third -party decision maker. 1.7.3 To promote the team, the performance objectives of each party are: 1.7.3.1 Preserve and enhance the educational mission of the Owner. 1.7.3.2 Complete the Project according to the highest standards of quality. 1.7.3.3 Complete the Project on time. 1.7.3.4 Complete the Project within or under budget or estimates. 1.7.3.5 Continually endeavor to reduce the cost of the Project. 1.7.3.6 Avoid and minimize delays on the Project and the critical path. 1.7.3.7 Maintain public use of the existing Owner facilities. 1.7.3.8 Promote positive public relations. 1.7.3.9 Make the work on the Project enjoyable. 1.7.3.10 Construct the Project and administer the Contract Documents so that all parties are treated fairly. 1.7.3.11 Avoid lost time injuries. 1.7.3.12 Complete the Project without litigation or arbitration. ARTICLE 2; OWNER 2.2.3 Delete Subparagraph 2.2.3 and replace with the follow: The Owner has furnished some information regarding the characteristics of the Project site. The Contractor shall confirm the location of each utility, shall excavate and dispose of each on-site utility and cap each off-site utility as required by the Work and as may be included in the Contract Documents. Owner does not assume any responsibility regarding any surveys, test borings, or other investigations regarding the site, and makes no warranty or guaranty regarding the site conditions. The Contractor shall make such site investigations as the Contractor deems necessary, and make available to the Owner, Construction Manager and Architect all reports of such site investigations. At the time which the Contractor enters into the Contract Documents, the Contractor will have conducted such investigations and interpretations as the Contractor deems necessary, and warrants that the Contract Sum is a just and reasonable compensation for the Work, including all Work impacted by the site. 2.3.1 If, after consultation with the Architect and Construction Manager, suspension of the Work is warranted because of unforeseen conditions which may adversely affect the quality of the Work if the Work were continued, the Owner may suspend the Work by written notice to the Contractor. In such event, the Contract Time shall be adjusted accordingly, and the Contract Sum amount shall be adjusted to the extent, if any, that additional costs are incurred by reason of the suspension. If the Contractor, in its reasonable judgment, believes that a suspension is warranted because of unforeseen circumstances which may adversely affect the quality of the Work if the Work were continued, the Contractor shall immediately notify the Owner, Construction Manager and Architect of such belief. 2.5 The Owner is not obligated, required or responsible for determining whether the Work is constructed in accordance with the Plans and Specifications in a good and workmanlike manner and in conformity with good construction and engineering practice; that responsibility is allocated to the Construction Manager. ARTICLE 3; CONTRACTOR SC3 3.1 GENERAL. 3.2.5 At the time the Contractor enters into the Contract Documents, the Contractor declares that the Contract Documents are full and complete, are sufficient to enable the Contractor to determine the cost of the Work, and the Drawings, Specifications and all addenda are sufficient to enable the Contractor to construct the Work in compliance with all applicable laws, statutes, ordinances, building codes and the Contract Documents. 3.3.4 The Contractor is responsible for timely obtaining inspections by public authorities. The Owner reserves the right to inspect with its own forces. 3.3.5 The Contractor is responsible for all coordination and scheduling of the Work, including coordination and scheduling with the Construction Manager, and Architect for development of plans and specifications and with the Construction Manager for construction. If, after the coordination and scheduling is performed by the Contractor, the Owner, Construction Manager, or Architect delays or disrupts the Contractor's Work, then the Contract Sum or Contract Time shall change, including the possibility that the Contract Sum shall increase. 3.4 Add the following Subparagraphs 3.4.4 and 3.4.5 and 3.4.6; 3.4.4 The Contractor will follow and comply with all rules and regulations of the Owner and the reasonable instructions of Owner's personnel in the conduct of the Work. The Owner reserves the right to require removal of any worker it deems unsatisfactory for any reason. After the Contract has been executed, the Owner and the Architect, after consultation with the Construction Manager, will consider a formal request for the substitution of products in place of those specified only under the following conditions: 1. Required product cannot be supplied in time for compliance with Contract time requirements. 2. Required product is not acceptable to governing authority, or determined to be non- compatible, or cannot be properly coordinated, warranted or insured, or has other recognized disability as certified by Contractor. 3. Substantial advantage is offered to the Owner after deducting offsetting disadvantages including delays, additional compensation to Architect/Engineer for redesign, investigation, evaluation and other necessary services and similar considerations. 3.4.5 By making requests for substitutions based on Clause 3.4.4 above, the Contractor: 1. Represents that he has personally investigated the proposed substitute product and determined that it is equal or superior in all respects to that specified; 2. Represents that he will provide the same warranty for the substitution that he would for that specified; 3. Certifies that the cost data presented is complete and includes all related costs under separate contracts, but excludes the Architect's redesign costs and waives all claims for additional costs related to the substitution which subsequently became apparent; and 4. Will coordinate the installation of the accepted substitute, making such changes as may be required for the Work to be complete in all respects. 3.4.6 Substitution request shall be submitted on CSI Substitution Request Form (Attachment SRI). 3.5.1 All of the Work shall be done by the Contractor, Subcontractors and Suppliers in accordance with the Plans and Specifications in a good and workmanlike manner and in conformity with good construction and engineering practice and free from defects in materials and workmanship. If the Contractor receives any warranties from Subcontractors or Suppliers, then the Contractor shall assign and deliver such warranties to the Owner. 3.5.2 Warranty period shall be 2 years from the date of substantial completion minimum or for longer periods where specified. 3.6 Add the following: 3.6.1 The Contractor, in consideration of securing the business of erecting or constructing public works in this state, recognizing that the business in which he is engaged is of a transitory SC4 3.6.2 3.6.3 character and that in the pursuit thereof, his property used therein may be without the state when taxes, excises, or license fees to which he is liable become payable, agrees: 1. To pay promptly when due all taxes, (other than on real property), excises and license fees due to the state, its subdivisions and municipal and quasi -municipal corporations therein, accrued or accruing during the term of this Contract, whether or not the same shall be payable at the end of such term; 2. That if the said taxes, excises and license fees are not payable at the end of said term, but liability for the payment thereof exists even though the same constitute liens upon his property, to secure the same to the satisfaction of the respective officers charged with the collection thereof; and 3. That, in the event of his default in the payment of securing of such taxes, excises and license fees, to consent that the department, officer, board, or taxing unit entering into this Contract may withhold from any payment due him hereunder the estimated amount of such accrued and accruing taxes, excises and license fees for the benefit of all taxing units to which said contractor is liable. Before entering into a Contract, the Contractor shall be authorized to do business in the state and shall submit a properly executed CA -1, Contractor's Affidavit Concerning Taxes and WH - 5, Public Works Contract Report. Copies have been included in this package. Within ten (10) days of receipt of forms from Owner, Contractor shall complete and return to Owner, forms as required by tax collector, showing dates, names, addresses, contracting parties, including all subcontractors and all other relevant information which may be required. 3.7.1 Delete Subparagraph 3.7.1 and substitute the following: 3.7.1.1 The Owner shall obtain and pay for all other permits, fees and connection fees required for construction and completion of the work and required by authorities having jurisdiction. The Contractor shall pay all fees and charges for use of public or private property for storage of materials, etc. 3.7.2 Add the following: 3.7.2.1 All contractors shall comply with the EPA -1990 NESHAP Asbestos Regulation (40 CFR, Part 61), which requires that the following be completed before demolition and renovation projects occur: 1. The Owner shall be responsible to verify that a complete asbestos survey has been performed on the facility in question, before renovation or demolition operations begin. 2. The Contractor shall verify that all regulated asbestos containing materials have been removed from the affected areas before renovation or demolition operations begin. 3. The Abatement and/or Demolition Contractor shall be responsible to submit appropriate completed Notification of Demolition and Renovation Form to USEPA ten (10) working days before demolition projects begin, or verify that a form was submitted prior to asbestos removal beginning. This includes the demolition of structures that contain no asbestos. 4. As of November 20, 1991, a NESHAP Certified Person must be on any job site where asbestos could be disturbed. 3.7.2.2 The Contractor shall procure all certificates of inspection, use and occupancy, permits, and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Work. Certificates of inspection, use and occupancy shall be delivered to the Owner upon completion of the Work in sufficient time for occupation of the Project. The costs of such procurement, payment and delivery shall be included within the Contract Sum. 3.12 Add the following Subparagraphs: 3.12.11 A complete schedule of Required Submittals shall be provided to the Construction Manager within ten (10) days after Notice of Award of the Contract. 3.12.12 Any submittal Shop Drawing, Product Data or Sample that does not bear the Contractor's approval stamp shall be returned without review. SC5 3.12.13 Shop Drawings, product Data, etc. shall be submitted in sufficient time to allow not less than twenty-eight (28) working days for the Construction Manager and Architect to examine shop drawings, etc. Liquidated Damages may apply 3.13.3 The site shall be in continual use by the Owner during the construction. The Contractor shall coordinate with the Owner the construction so as to minimize the disruption to the Owner. 3.15.1 Add the following sentence. "Contractor shall employ all reasonable means to prevent construction debris from littering the site or migrating off-site." 3.15.3 In absence of specific cleaning instruction, follow accepted cleaning practices or the recommendation of the manufacturer of the material to be cleaned. The Contractor shall coordinate with the Construction Manager for the maintenance of streets and sidewalks around the Project site in a clean condition. The Contractor shall coordinate with the Construction Manager for removal of all spillage and tracking arising from the performance of the Work from such areas, and shall establish a regular maintenance program of sweeping and hosing to minimize accumulation of dirt and dust at the site. 3.15.4 The Contractor shall be responsible for broken glass, and at the completion of the Work shall replace damaged or broken glass. After damaged or broken glass has been replaced, the Contractor shall remove all labels, wash and polish both side of all glass. 3.18 INDEMNIFICATION. 3.18.1 Delete Subparagraph 3.18.1 and replace with the follow: To the fullest extent permitted by law, the Contractor shall indemnify, defend and hold harmless the Owner, Construction Manager, Architect, Architect's consultants, and agents and employees of any of them, from and against claims, damages, losses and expenses, including, but not limited to, attorneys' fees arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting there from, but only to the extent caused, in whole or in part, by negligent acts or omissions of the Contractor, or Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in Paragraph 3.18. 3.19 OPERATION AND MAINTENANCE. 3.19.1 "The Contractor shall coordinate as required to provide the information necessary for the Construction Manager to furnish one (1) copy of reproducible "as built" plans relating to the Work and improvements in a form and detail reasonably satisfactory to the Owner. 3.19.2 The Contractor shall coordinate as required to provide the information necessary for the Construction Manager to provide the Owner with two (2) complete copies in loose-leaf binders of all operating and maintenance data, all manuals, instructions and directions for all products, materials, machinery and equipment for the Project, and shall instruct the Owner regarding the operation of all systems, machinery and equipment. ARTICLE 4; ARCHITECT AND CONSTRUCTION MANAGER 4.1.1.2 The Architect, with the concurrence of the Construction Manager, shall supervise and instruct the Contractor regarding matters set forth in the Drawings and Specifications. ARTICLE 5; SUBCONTRACTORS 5.3.1 The Contractor shall require that each major subcontractor and major supplier become a member of the team working on the Project and ascribe to the Partnering Objectives and SC6 agreements set forth in Paragraph 1.7. The Owner encourages the early involvement of Subcontractors and suppliers in the Project. 5.3.2 Notwithstanding any provision of paragraph 5.3, any part of the Work performed for the Contractor by a Subcontractor or its Sub -subcontractor shall be pursuant to a written Subcontract between the Contractor and such Subcontractor (or the Subcontractor and its Sub - subcontractor at any tier), which shall be prepared on a form of subcontract satisfactory to the Owner. Each subcontract shall, where the context so requires, contain provisions that: 5.3.2.1 Require each Subcontractor to ascribe to the Partnering Objectives set forth in Paragraph 1.6. 5.3.2.2 Require that the Work be performed according to the requirements of the Contract Documents. 5.3.2.3 Waive all rights the contracting parties may have against one another or that the subcontractor may have against the Owner for damages caused by fire or other perils covered by the insurance described in the Contract Documents. 5.3.2.4 Require the Subcontractor to carry and maintain insurance coverage according to the Contract Documents, and to file certificates of the coverage with the Contractor. 5.3.2.5 Require submission to Contractor or Subcontractor, as the case may be, of applications for payment in a form approved by the Owner, together with clearly defined invoices and billings supporting all the applications under each subcontract to which the Contractor is a party. 5.3.2.6 Report, so far as practicable, unit prices and any other feasible formula for use in the determination of costs of changes in the Work. 5.3.2.7 Require each Subcontractor to furnish to the Contractor in a timely fashion all information necessary for the preparation and submission of reports. 5.3.2.8 Require that each Subcontractor continue to perform under its subcontract in the event the Contract is terminated and the Owner shall take an assignment of the subcontract and request Subcontractor to continue performance. 5.3.2.9 Require each Subcontractor to remove all debris created by its activities. 5.3.3 The Contractor shall not enter into any subcontract, contract, agreement, purchase order or other arrangement ("Arrangement") for the furnishing of any portion of the materials, services, equipment or Work with any party or entity if the party or entity is an Affiliated Entity (as defined in this Paragraph), unless the Arrangement was approved by the Owner and Construction Manager, after full disclosure in writing by the Contractor to the Owner and Construction Manager of the affiliation or relationship and all details relating to the proposed Arrangement. The term "Affiliated Entity" means (a) any entity related to or affiliated with the Contractor or with respect to which the Contractor has direct or indirect ownership or control, including, without limitation, any entity owned in whole or part by the Contractor; (b) any holder of more than 10% of the issued and outstanding shares of, or the holder of any interest in, the Contractor; and (c) any entity in which any officer, director, employee, partner or shareholder (or member of the family of any of the foregoing persons) of the Contractor or any entity owned by the Contractor as a direct or indirect interest, which interest includes, but is not limited to, that of a partner, employee, agent or shareholder. ARTICLE 7; CHANGES IN THE WORK 7.3.7 In the seventh line, delete the words "or if no such amount is set forth in the agreement, a reasonable amount." and substitute "an allowance for overhead and profit in accordance with clause 7.3.11.1 through 7.3.11.6". 7.3 Add the following Subparagraph: 7.3.11 In Subparagraph 7.3.7, the allowance for the combined overhead, insurance, bonds, office and field coordination, supervision, safety, and profit included in the total cost to the Owner shall be based on the following schedule: 1. For the Contractor, for Work performed by the Contractor's own forces, thirteen percent (13%) of the cost. (5% profit; 5% O/H; 2% bond; 1 % insurance). 2. For the Contractor, for Work performed by the Contractor's Subcontractor, eight percent (8%) of the amount due the Subcontractor. 3. For each Subcontractor or Sub -subcontractor involved, for work performed by that SC7 Subcontractor's or Sub -subcontractor's own forces, 10 percent (10%) of the cost. 4. For each Subcontractor, for Work performed by the Subcontractor's Sub -subcontractor 5 percent (5%) of the amount due the Sub -subcontractor. 5. Cost to which overhead and profit is to be applied shall be determined in accordance with Subparagraph 7.3.7. 6. In order to facilitate checking of quotations for extras or credits, all proposals, except those so minor that their propriety can be seen by inspection, shall be accompanied by a complete itemization of costs including labor, materials, equipment and subcontracts. Labor, materials and equipment shall be itemized in the manner prescribed above. Where major cost items are Subcontracts, they shall be itemized also. In no case will a change involving over $500.00 be approved without such itemization. ARTICLE 8; TIME 8.1.1 Add the following Subparagraph: 8.1.1.1 Refer to attached Project Schedule (TBD). The Contractor will organize and fully staff multiple shifts or weekend work if necessary to complete the work as scheduled. All costs incurred to expedite the work (i.e., air freight, overtime, subsistence, travel, etc.) will be included in the bid price. The minimum workweek shall include Monday through Friday. Each Contractor will be required to submit weekly schedules, attend weekly safety meetings on the site and submit daily reports of is activity on the jobsite. 8.3.1 In Paragraph 8.3.1, in the fifth line, delete the word "arbitration". 8.3.3 Delete Paragraph 8.3.3 and substitute the following: "The Contractor agrees to make no claim for damages for delay on the performance of this Contract occasioned by any act or omission to act of Owner, its Architect, its Construction Manager, its agents or employees or any other Contractor and agrees that any such claim shall be fully compensated for by an extension of time to complete performance of the Work". ARTICLE 9; PAYMENTS AND COMPLETION 9.2 Add the following Subparagraph: 9.2.1 Submit typed schedule on AIA Document G703 - Application and Certificate for Payment Continuation Sheet. Submit Schedule of Values within ten (10) days after date of Notice of Award. Utilize the Table of Contents of the Project Manual. Identify each line item with number and title of each specification section. Revise schedule to list approved Change Orders; submit with each Application for Payment. 9.3.1 Delete "At least fifteen days" in the first sentence and substitute the following: "On or before the 25th of the month". Add the following sentence: The form of Application for Payment shall be AIA Document G702/CMa. Submit two originals. 9.3.1.3 The Contractor shall not withhold from a Subcontractor or Supplier more than the percentage withheld from a payment certificate for their portion of the Work. 9.3.2 Add the following sentence: Off site storage will not be approved at locations outside the State of Idaho. 9.3.1.4 Progress Payments shall fall due on or about the 25th of each month pending approval per the Owner. 9.3.1.5 Progress Lien Waivers and Conditional Lien Waivers must be signed prior to release of progress payments. 9.6.6.1 Payment or partial payment by the Owner shall not (a) constitute approval or acceptance of any item of cost in the Application of Payment, (b) be construed to be final acceptance or approval of that portion of the Work to which such partial payment relates, or (c) relieve the Contractor of any obligations. SC8 9.8.1.1 Substantial Completion shall not be earlier than the date of a permanent occupancy permit by the governmental authorities. 9.8.5 Add the following sentence at the end of the subparagraph: The payment shall be sufficient to increase the total payment to ninety-five percent (95%) of the Contract sum, less such amounts as the Architect shall determine for incomplete work and unsettled claims. The amount of retainage held for incomplete work and unsettled claims shall be double the value of the items remaining to facilitate completion of work and settlement of claims. 9.10.6 A reasonable sum may be withheld by the Owner until the Contractor delivers to the Owner (a) Record Drawings, Specifications, Addenda, Change Orders and other Modifications maintained at the site pursuant to Paragraph 3.11, (b) the warranties, instructions and maintenance manuals, and (c) a final statement of the Cost of the Work allocated according to the budget and in a form approved by Owner. 9.11 Add the following Paragraphs 9.11 and 9.11.1 to Article 9: 9.11 LIQUIDATED DAMAGES 9.11.1 The Owner will suffer loss if the Project is not Substantially Complete on the date set forth in the Contract Documents. The Contractor (and his Surety) shall be liable for and shall pay to the Owner the sums hereinafter stipulated as fixed, agreed and liquidated damages for each calendar day of delay until the Work is substantially completed. One Thousand Dollars and no/100 ($1,000) or 1/4% of Contract Value per Calendar Day (whichever is -greater). 9.11.2 The Owner may risk unnecessary delays if completed submittals are not received within 30 calendar days of receiving Notice to Proceed or as specifically required by individual Bid Items. The Contractor (and his surety) shall be liable until all required submittals are transmitted to the Construction Manager. 1/4% of the Contract Value per Calendar Day, Liquidated Damages may be assessed if the Contractor falls five (5) days behind the Project Schedule provided by the Construction Manager. ARTICLE 10; PROTECTION OF PERSONS AND PROPERTY 10.2.4 Delete Paragraph and add the following: No explosives will be allowed on site. 10.2.8 Delete existing subparagraph 10.2.8 and insert the following: 10.2.8 The Contractor shall protect adjoining Owner property and shall provide barricades, temporary fences, and covered walkways required to protect the safety of passers-by, employees of Owner, students and others, as required by prudent construction practices, local building codes, ordinances, state or federal statutes, rules or regulations, other laws, or the Contract Documents. 10.2.9 The Contractor shall maintain Work, materials and apparatus free from injury or damage from rain, wind, storms, frost, snow, ice, heat or sun. If adverse weather makes it unsafe, impossible or infeasible to continue operations because of weather precautions, the Contractor shall cease Work and notify the Owner, Construction Manager, and Architect of such cessation. The Contractor shall not permit open fires on the Project site. 10.2.10 The Contractor shall, and not as part of the Cost of the Work, promptly repair any unplanned damage or disturbance to glass, walls, utilities, sidewalks, curbs, streets and the property of third persons resulting from the performance of the Work, whether by it or its Subcontractors at any tier. The Contractor shall maintain streets and sidewalks in good repair and traversable condition. 10.2.11 Injury or Damage to Person or Property If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of SC9 such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. 10.3.3 Delete "not" in the last sentence following "loss of expense". (Changed as per clarification from AIA, December 2011.) ARTICLE 11; INSURANCE AND BONDS 11.1 Contractor shall purchase and maintain insurance as set forth in Section 11.1 of the Agreement, as supplemented by these Supplementary Conditions of the Contract for construction. This insurance requirement does not limit or qualify the liabilities and obligations assumed by the Owner or Contractor under the contracts. The insurance shall be written for not less than the following limits, or greater if required by law. 11.1.1.1 Delete the semicolon at the end of Clause 11.1.1.1 and add: including private entities performing Work at the site and exempt from the coverage on account of number of employees or occupations, which entities shall maintain voluntary compensation coverage at the same limits specified for mandatory coverage for the duration of the Project. 11.1.1.2 Delete the semicolon at the end of Clause 11.1.1.2 and add: or persons or entities excluded by statute from the requirements of Clause 11.1.1.1 but required by the Contract Documents to provide the insurance required by that Clause. 11.1.1.8 Add the following sentence to Subparagraph: If this insurance is written on the Comprehensive General Liability policy form, the Certificates shall be AIA Document G715 — 1991, Certificate of Insurance or ACORD Form 25. If this insurance is written on a Commercial General Liability policy, ACORD Form 25S will be acceptable. 11.1.4 Delete subparagraph 11.1.4 and add the following: Workers' Compensation: Contractor shall maintain Workers' Compensation insurance in the amount of the statutory limits and comply in all respects and regulations concerning the employment of labor required by any duly constituted authority having legal jurisdiction over the area in which the work is performed, and shall be written for not less than the following limits: a) State: Statutory b) Employer's Liability $100,00 per Accident $500,000 Disease, Policy Limit $100,000 Disease, Each Employee 11.1.5 Commercial General Liability: Contractor's policy shall be primary to the Owner's insurance, and shall include: premises operations, Owners and Contractors protective liability, independent contractors, products and completed operations liability, contractual liability in support of this Contractor's indemnity requirements, broad form property damage liability and blanket contractual liability, personal injury with employee and contractual exclusions removed, and explosion, collapse and underground damage coverage: (a) For any claim for bodily injury, property damage or due to contractual liability, limits of not less than $1,000,000 per occurrence. (b) For products and completed operation coverage, coverage is to be maintained for a period of two (2) years following final payment. (c) For the hazards of explosion, collapse and underground, commonly referred to as XCU, coverage shall be required if the exposures exist. This coverage may be provided by the subcontractor if the State and prime contractor are named as additional insured. (d) For personal injury liability, limits of not less than $100,000 per occurrence. (e) General Aggregate shall not be less than $2,000,000 (f) Fire legal liability shall be provided in an amount not less than $100,000 per occurrence. SC10 11.1.6 Comprehensive Automobile Liability: Business auto liability (including all owned, non - owned, and hired vehicles) in an amount of not less than $1,000,000 combined single limit. 11.1.7 Contractor shall have an Equipment Policy with limits adequate to protect the Owner. 11.1.8 Additional Insureds: The Contractor shall cause the commercial liability coverage required by the Contract Documents to include (1) the Construction Manager, the Construction Manager's consultants, the Owner, the Architect, and the Architect's consultants as additional insureds for claims in whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations and the Contractor's completed operations for the insurance required in 11.1. The insurance shall contain the severability of interest clause as follows: "The Insurance afforded herein applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the company's 'liability"'. The Construction Manager, the Construction Manager's consultants, the Owner, the Architect, and the Architect's consultants shall be additional insureds including completed operations for a period of two (2) years following final payment as evidence by an endorsement of the insurance policy by the combination of either the ISO Form CG2010 and CG2037 or the combination of CG2033 and CG2037 or equivalent forms. In addition, Contractor's policy shall provide that the Contractor's insurance is primary to the Owner's insurance. 11.1.9 The Contractor shall require all subcontractors of any tier to provide Comprehensive General Liability Insurance with combined single limits for bodily injury and property damage of at least $1,000,000 per occurrence and Comprehensive Automobile Liability Insurance for all owned, non -owned and hired vehicles with combined single limits for bodily injury and property damage of at least $1,000,000 per occurrence. 11.4 Add the following Subparagraphs: 11.4.1 The Contractor is required to furnish bonds covering faithful performance of the Contract and payment of the obligations arising thereafter as stipulated in bidding requirements, negotiated by the parties, or specifically required in the Contract Documents on the date of execution of the Contract. 11.4.3 The Contractor shall furnish a Surety Company Bond in the amount of one -hundred percent (100°/x) of the Contract Price covering one -hundred percent (100%) performance and maintenance and one -hundred percent (100%) payment with such sureties and/or agency as selected or approved by the Owner. 11.4.4 The Bond shall include maintenance provisions covering workmanship and materials for a period of two (2) years or for longer periods where so specified, from and after the Date of Substantial Completion. The Contractor shall include the cost of the Bond as part of the Contract Price. 11.5 Add the following new Paragraph: 11.5 Indemnity 11.5.1 The Contractor shall indemnify, defend and save harmless the Owner, the Construction Manager, the Architect and the Architect's Consultants from and against all claims, damages, costs, legal fees, expenses, actions and suits whatsoever including injury or death of others or any employee of the Contractor, Subcontractors, agents or employees, caused by failure to comply fully with any term or condition of the Contract, or caused by damage to or loss of use of property, directly or indirectly, by the employees and occasioned by the negligence of the Contractor, his agents, subcontractors or employees. ARTICLE 12; UNCOVERING AND CORRECTION OF WORK 12.1.3 No work shall be covered prior to (a) notice to and opportunity for the Owner to inspect, and (b) inspection by appropriate government authorities. 12.2 Add the following Subparagraph: 12.2.1.1 The Contractor's obligation to correct Work set forth in Paragraph 12.2.1 also applies to Work rejected by the Owner or government authorities. 12.2.2.1 In the first sentence change within "one" year to within "two" years. In the third sentence change during the "one" year period to during the "two" year period. 12.2.2.2 Change "one-year" period to "two-year" period. 12.2.2.3 Change "one-year" period to "two-year" period. 12.2.5 In the second sentence change establishment of the "one" year period to establishment of the "two" year period. 12.2.6 Statute of limitations shall commence to run and any legal cause of action shall be deemed to have accrued in any and all events in accordance with Idaho law. ARTICLE 13; MISCELLANEOUS PROVISIONS 13.4 Add the following Subparagraphs: 13.4.3 Contractors supplying materials only will be subject to retainage and will be required to supply lien releases with each payment request and with final pay request. 13.6 Delete Paragraph 13.6.1 and substitute the following: 13.6.1 Payments due and unpaid under the Contract Documents, thirty (30) days from date received by the Architect, shall bear no interest until thirty (30) days past due, thereafter, they shall bear interest at the rate of eight percent (8%) per annum calculated from thirty (30) days past due, sixty (60) days from date received by the Architect, until the date of the check as posted by the Owner. 13.8 Add the following: 13.8.1 Each Contractor and his subcontractors and sub -tier contractors shall comply with all Idaho Statutes with specific reference to Public Works Contractor's State License Law, Title 54, Chapter 19 and Chapter 52, Idaho Code, as amended. 13.9 Nothing contained in the Contract Documents shall be construed as creating a joint venture, partnership or agency relationship between the parties. 13.10 The Architect, Construction Manager, Contractor, and any other person required to follow the Contract Documents agree not to discriminate against any employee or applicant for employment in the performance of the Contract Documents with respect to tenure, terms, conditions or privilege of employment, or any matter directly or indirectly relating to employment because of race, sex, color, religion, national origin, disability, ancestry or status as a Vietnam veteran. Breach of this Paragraph may be regarded as a material breach of the Contract Documents. 13.11 The parties agree that the terms and conditions of the Contract Documents shall be held in confidence except as required by or for applicable disclosure and other laws and regulations, financing sources, enforcement of the Contract Documents, mergers and acquisitions, or as otherwise mutually agreed by the parties and such agreement shall not be withheld unreasonably. 13.12 No party to the Contract Documents shall, without express written consent in each case, use any name, trade name, trademark, or other designation of any other party hereto (including contraction, abbreviation or simulation) in advertising, publicity, promotional, or any other activities or context. 13.13 Any notice under the Contract Documents shall be in writing and shall be delivered in person or by public or private courier service (including U.S. Postal Service Express Mail) or certified mail with return receipt requested or by facsimile. All notices shall be addressed to the parties at the following addresses or at such other addresses as the parties may from time to time direct in writing: SC12 OWNER: City of Meridian 33 East Broadway Avenue Meridian, Idaho 83642 CONTRACTOR: Attention: Ted Baird — City Attorney Phone:( ) Fax: ( ) Attention: ARCHITECT: The Land Group, Inc. 462 East Shore Drive Suite 100 Eagle, Idaho 83616 Phone: (208) 939-4041 Fax: (208) 939-4445 Attention: David Koga CONSTRUCTION MANAGER: Kreizenbeck Constructors 11724 West Executive Drive Boise, Idaho 83713 Phone: (208) 336-9500 Fax: (208) 336-7444 Attention: Mike Berard 13.15 LAW GOVERNING. This Agreement is governed by the laws of the State of Idaho. ARTICLE 14, TERMINATION OR SUSPENSION OF THE CONTRACT 14.2 Add the following: 14.2.1.5. Falls ten (10) days behind the Project Schedule provided by the Construction Manager. END OF DOCUMENT SC13 Meridian City Council Meeting DATE: Mav 10,2016 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Subrecipient Agreement Subrecipient Agreement With The Meridian Food Bank for PY 2015 Community Development Block Grant Funds MEETING NOTES ;rg�a Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND MERIDIAN FOOD BANK FOR PY 2015 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Agreement is entered into this day of , 20 by and between the City of Meridian, a municipal corporation organized under the laws oft state of Idaho ("City") and Meridian Food Bank, Inc., a nonprofit charitable corporation organized under the laws of the state of Idaho ("Subrecipient"). WHEREAS, City is an entitlement community, and as such has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i.e. Community Development Block Grant ("CDBG") funds; and WHEREAS, Subrecipient assists individuals and families by providing food, which activity complements the objectives of the CDBG program; and WHEREAS, City and Subrecipient wish to enter into a cooperative agreement for the investment of CDBG funds from Program Year 2015 (PY15); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SCOPE OF SERVICE A. Activities. Subrecipient shall use City's PY15 CDBG funds in the amount of thirty-one thousand, two - hundred and seventy-eight dollars ($31,278.00) to purchase food supplies for distribution at the Meridian Food Bank, located at 133 W. Broadway Avenue, Meridian, Idaho. Subrecipient shall be responsible for administering its PY2015 CDBG funds in a manner satisfactory to City and consistent with any and all required as a condition of providing these funds. B. National Objective. Subrecipient certifies that the activities carried out City's PY15 CDBG funds provided by City under this Agreement will meet one or more of the CDBG program's National Objectives as defined in 24 CFR § 570.208. Specifically, Subrecipient's activities under this agreement shall provide a new public service (24 CFR 570.201(e)) to limited clientele (LMC) (24 CFR § 570.208(a)(2)). C. Levels of accomplishment. 1. Goals. Subrecipient shall undertake activities pursuant to this Agreement to serve two thousand (2,000) people. 2. Performance measures. This project will provide food for LMI persons. In addition to the normal administrative services required as part of this Agreement, Subrecipient agrees to document and report on each and all of the following outcomes: a. Family size (number of individuals) of each person or household assisted; and b. Household income of each person or household assisted; and c. Race and ethnicity of individuals assisted; and d. Number of individuals gaining new access to services provided; and e. Number of individuals gaining improved access to services provided. D. Staffing not funded. Subrecipient agrees that no CDBG funds will be utilized for staffing. PY 15 SUBRECIPIENT AGREEMENT - MERIDIAN FOOD BANK PAGE I OF 14 E. Performance monitoring. City will monitor the performance of Subrecipient against goals and performance measures as set forth herein. Performance monitoring shall include City's review of Subrecipients' submitted documents for accuracy and completion, as well as an on-site visit from City's CDBG Administrator to review the completeness and accuracy of records maintained. Substandard performance as determined by City shall constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within fourteen days (14) after being notified by City, Agreement suspension or termination procedures will be initiated. F. Time of performance. Services of Subrecipient shall start on October 1, 2015 and end on September 30, 2016. The term of this agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. G. Progress Reports. Subrecipient shall submit a regular Progress Report, in the form and content as required by City, with every draw request. If Progress Reports are delinquent, draw requests will not be processed until the delinquency is cured. Progress Reports must contain information on outcome -based measurements as outlined in this Agreement. II. ADMINISTRATIVE REQUIREMENTS A. Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR § 570.506. B. Financial Management. 1. Budget. Subrecipient agrees that it shall use City's PY15 CDBG funds in the amount thirty-one thousand, two -hundred and seventy-eight dollars ($31,278.00) to purchase food assistance to LMI persons. City may require a detailed budget breakdown, and Subrecipient shall provide such information in a timely fashion, and in the form and content prescribed by City. 2. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. 3. Accounting Standards. Subrecipient agrees to comply with 24 CFR §§ 84.21 through 84.28, and further agrees to: adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 4. Cost Principles. Subrecipient shall administer its program in conformance with OMB Circular A- 122, "Cost Principles for Non -Profit Organizations." These principles shall be applied for all costs incurred, whether charged on a direct or indirect basis. 5. Certification of financial management system. Payments shall be contingent upon HUD's certification of Subrecipient's financial management system in accordance with 24 CFR § 84.21. 6. Subrecipient Orientation Workshop. Subrecipient agrees to meet with City's CDBG Program Administrator prior to submitting the first draw request to City. City will not process draw requests unless and until Subrecipient attends this meeting. 7. Client Data. Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be PY 15 SUBRECIPIENT AGREEMENT - MERIDIAN FOOD BANK PAGE 2 OF 14 made available for review upon City's request. S. Disclosures. Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 9. Property Records. Subrecipient shall maintain real property inventory records that clearly identify properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria. 10. Closeout. Subrecipient's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but shall not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that Subrecipient has control over CDBG funds, including program income. 11. Audits and inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Any deficiencies noted in audit reports must be fully repaired by Subrecipient within thirty (30) days after receipt of such report by Subrecipient. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current City policy concerning audits and as applicable, OMB Circular A-133. Sub -recipient shall comply with 2 CFR 200.501 which requires that all non -Federal entities that expend $750,000.00 or more in a year have a single or program -specific audit. Sub -recipient shall be willing to allow inquires from the City about the sub -recipient's financial statements and single audit reports. If Subrecipient is subject to this requirement, a copy of the audit report shall be provided to the City within 30 days of completion of the audit. 12. Suspension and Disbarment. Pursuant to 2 CFR Part 180, specifically, without limitation, 2 CFR section 180.220, Subrecipient is prohibited from of contracting with any party that is suspended or debarred. C. Payment Procedures. 1. Program Income. The activities governed by this agreement are not anticipated to generate program income as Subrecipient shall not charge its members for the service. Any change to the activities described herein that will generate program income shall require an amendment to this agreement. 2. Indirect Costs. Indirect costs are not eligible for CDBG funding. 3. Payment Procedures. City will pay to Subrecipient funds available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City PY 15 SUBRECIPIENT AGREEMENT - MERIDIAN FOOD BANK PAGE 3 OF 14 policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fund and program income balances available in Subrecipient's accounts. In addition, City reserves the right to liquidate funds available under this Agreement for costs incurred by City on behalf of Subrecipient. 4. Draw requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed $31,278.00. Drawdowns for the payment of eligible expenses shall be made against the activity specified, in accordance with performance and as expenses are incurred by Subrecipient. Draw requests shall only be accepted on official City and/or HUD forms and must be completed in full to be processed. All draw requests are to be submitted monthly, no later than twenty-one (21) days after the end of the month for which reimbursement is being submitted. Draw requests shall include the following: draw request form; progress report; beneficiary income eligibility documentation; transaction detail, HUD -1, and related summary information; and proof of payment by Subrecipient. Final draw under this Agreement will be submitted by Subrecipient no later than September 20, 2016 unless otherwise agreed in writing. 5. Funds transfer. Pursuant to 24 CFR § 570.503(b)(7), upon expiration of this Agreement, Subrecipient shall transfer to City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. 6. DUNS number. Subrecipient shall comply with requirements established by the Office of Management and Budget ("OMB") concerning the Dun and Bradstreet Data Universal Numbering System ("DUNS"), the Central Contractor Registration database, and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed. Reg. 55671 (Sept. 14, 2010) (to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010) (to be codified at 2 CFR part 170). D. Procurement. 1. Compliance with policies. Subrecipient shall comply with current Federal and City policies concerning the purchase of equipment and shall maintain inventory records of all non -expendable personal property as defined by such policy as may be procured with funds provided hereunder. 2. OMB Standards. Subrecipient shall procure all materials in accordance with the requirements of 24 CFR §§ 84.40 to 84.48. 3. Travel. Subrecipient shall obtain written approval from City prior to any travel outside the Boise metropolitan area with funds provided under this Agreement. E. Use and Reversion of Assets. The use and disposition of real property and equipment under the Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR §§ 570.502 through 570.504, as applicable, which include, but are not limited to, the following: 1. Records. Subrecipient shall maintain real property inventory records, which clearly identify properties purchased, improved or sold. 2. National Objectives met for five (5) years. Pursuant to 24 CFR § 570.503(b)(7)(i), real property that is acquired or improved, in whole or in part, with funds under this Agreement in excess of PY 15 SUBRECIPIENT AGREEMENT - MERIDIAN FOOD BANK PAGE 4 OF 14 $25,000 shall be used to meet one of the CDBG National Objectives until five (5) years after expiration of this Agreement. If the use of the CDBG-assisted real property fails to meet a CDBG National Objective for this prescribed period of time, Subrecipient shall pay City an amount equal to the current market value of the property, less any portion of the value attributed to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such payment shall constitute program income to City. Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period. 3. Sale of equipment. In all cases in which equipment acquired in whole or in part with funds under this Agreement is sold, the proceeds shall be program income, prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment. Equipment purchased with funds received under this Agreement but not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to City for the CDBG program or (b) retained after compensating City an amount equal to the current fair market value of the equipment less the percentage of non- CDBG funds used to acquire the equipment. F. Records and reports. 1. Records to be maintained. In addition to specific records mentioned in this Agreement, Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including, but not limited to, those required by the Federal regulations specified in 24 CFR § 570.506, and: a. Full descriptions and records of each activity undertaken; b. Records related to activities meeting the National Objectives; c. Records required to determine the eligibility of activities for CDBG funding; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program; f. Financial records, as required by 24 CFR §§ 84.21 through 84.28 and 570.502; g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K, except that Subrecipient does not assume City's responsibilities under 24 CFR § 570.604 and part 52. 2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement, defined as the date of the submission of City's final annual performance and evaluation report to HUD. Records for non -expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. If, prior to the expiration of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year period, whichever occurs later. III.EMPLOYMENT AND LABOR CONDITION REQUIREMENTS A. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, the Executive Order 11246 as amended by Executive Order 11375 and 12086, and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, Subrecipient shall cause or require a covenant running with PY15 SUBRECIPIENT AGREEMENT - MERIDIAN FOOD BANK PAGE 5 OF 14 the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that City and the United States are beneficiaries of and entitled to enforce such covenants. Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. B. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. Subrecipient will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. C. ADA section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 706), which prohibits discrimination against the handicapped in any Federally -assisted program. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. D. Affirmative Action. 1. Approved Plan. Subrecipient agrees that it shall be committed to carry out pursuant to City's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. City shall provide Affirmative Action guidelines to Subrecipient to assist in the formulation of such program. Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 2. Women- and Minority -Owned Businesses. Subrecipient shall use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (5 1) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish- speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. E. Notifications. 1. Notice to workers. Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 2. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for PY15 SUBRECIPIENT AGREEMENT - MERIDIAN FOOD BANK PAGE 6 OF 14 employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. F. Prohibited Activity. Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities; sectarian, or religious activities; lobbying, political patronage, and nepotism activities. 1. Political activities. Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act (Title V, Chapter 15, U.S.C.). 2. Religious activities. Subrecipient agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the Federal regulations specified in 24 CFR § 570.2000). G. Labor standards. Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended; the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti -Kickback" Act (40 U.S.C. §§ 276a, 276c, and 327); and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. Subrecipient shall maintain documentation which demonstrates compliance with the hour and wage requirements of this part. Such documentation shall be made available to City for review upon request. Subrecipient further agrees that all Contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with Federal requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient of its obligation, if any, to require payment of the higher wage. H. Section 3 of the Housing and Urban Development Act of 1968. 1. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701) ("Section 3"), the regulations set forth in 24 CFR Part 135, and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding upon City, Subrecipient and any of Subrecipient's subrecipients and/or subcontractors. Failure to fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 2. Subcontract language. Subrecipient further agrees to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and very low income residents of the project area and Agreements for work in connection with the project be awarded to business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan area in which the project is located." PY 15 SUBRECIPIENT AGREEMENT - MERIDIAN FOOD BANK PAGE 7 OF 14 3. Employment of low- and very -low-income persons. Subrecipient further agrees to ensure that opportunities for training and employment arising in connections with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction projects are given to low and very -low income person residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low and very low income persons within the service area of the project or the neighborhood in which the project is located, and to low and very low income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to business concerns that provide economic opportunities for low and very low income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns which provide economic opportunities to low and very low income residents within the service area of the neighborhood in which the project is located, and to low and very low income participants in other HUD programs. Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 4. Notifications. Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 5. Subcontracts. Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. I. Conflicts of Interest. Subrecipient agrees to abide by the provisions of 24 CFR § § 84.42 and 570.611in, which include, but are not limited to, the following: 1. Code of Conduct. Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of Agreements supported by Federal funds. 2. Contract selection. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. 3. Self-interested contracts and nepotism. No persons who exercises or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with who they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of City, the Subrecipient, or any designated public agency. PY 15 SUBRECIPIENT AGREEMENT - MERIDIAN FOOD BANK PAGE 8 OF 14 J. Lobbying. The following certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Subrecipient hereby certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Agreement, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal Agreement, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 3. Subrecipient will require that the following language be included in the award documents for all sub - awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly: "This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not let less that $10,000 and not more than $100,000 for each such failure." IV. ENVIRONMENTAL CONDITIONS A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C. §§ 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating to inspection, monitoring, entry reports, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. 3. Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R. Part 50. B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead -Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations, 24 CFR Part 35, implementing Title X of the Housing and Community Development Act of 1992. These regulations revise the CDBG lead based paint requirements under 24 CFR § 570.608. Such PY15 SUBRECIPIENT AGREEMENT - MERIDIAN FOOD BANK PAGE 9 OF 14 regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven. The notice must also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470) and the procedures set forth in 36 CFR Part 800, Advisor Council on Historic Preservation Procedures for Protection of Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years or older or that are included on a Federal, state or local historic property list. V. GENERAL CONDITIONS A. Notices. All notices required to be given by either of the parties hereto shall be in writing and deemed communicated when personally served, or mailed in the United States mail, addressed as follows: City of Meridian Meridian Food Bank Attn: Sean Kelly Attn: Dan Clark CDBG Program Administrator Chairman, Board of Directors 33 E. Broadway Avenue 133 W. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. B. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG funds, including, but not limited to, 24 CFR Part 570 and subpart K of such regulations. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this Agreement, except that: (1) Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR 570.604, and (2) Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. C. Copyright. Contracts of agreements for the performance of experimental developmental or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants Contracts and Cooperative Agreements." D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Subrecipient shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to its agents. Specifically, without limitation, Instructor understands, acknowledges, and agrees: 1. Instructor is free from actual and potential control by City in the provision of services under this Agreement. 2. Instructor is engaged in an independently established trade, occupation, profession, or business. PY15 SUBRECIPIENTAGREEMENT -MERIDIANFOODBANK PAGE 10 OF 14 3. Instructor has the authority to hire subordinates. 4. Instructor owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 5. Neither Instructor nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. E. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold harmless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments for damages or injury to persons or property and/or losses and expenses caused or incurred by Subrecipient and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and participants in its programming, and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Subrecipient and/or Subrecipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests, invitees, participants, and/or volunteers and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property. F. Workers' Compensation. Subrecipient shall provide Workers' Compensation Insurance coverage for all employees involved in the performance of this Agreement. G. Insurance and bonding. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage. Further, Subrecipient shall comply with the bonding and insurance requirements of 24 CFR §§ 84.31 and 84.48. H. Grantor Recognition. Subrecipient shall publically recognize the role of City in providing services under this Agreement. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. I. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party, and approved by City's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both parties. J. Termination. 1. Notice of termination. Either party may terminate this Agreement by, at least 30 days before the effective date of such termination, giving written notice to the other party of such termination and specifying the effective date thereof. 2. Partial termination. Partial terminations of the Scope of Service as set forth herein may only be undertaken with the prior approval of City. 3. Work completed. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports of other materials prepared by Subrecipient under this Agreement shall, at the option of City, become the property of City, and Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work PY 15 SUBRECIPIENT AGREEMENT - MERIDIAN FOOD BANK PAGE 11 OF 14 completed on such documents or materials prior to the termination. 4. Termination for convenience. In accordance with 24 CFR § 85.44, suspension or termination of the Agreement, in whole or in part, may occur for convenience. 5. Termination for material noncompliance. In accordance with 24 CFR § 85.43, suspension or termination of the Agreement, in whole or in part, may occur if Subrecipient materially fails to comply with any term of this Agreement, which shall include, but shall not be limited to, the following: a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; b. Failure by Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of funds provided under this Agreement; or d. Submission by the Subrecipient to City reports that are incorrect or incomplete in any material respect. 6. Penalty for material noncompliance. In addition to suspension or termination of this Agreement and/or any other remedies as provided by law, upon a finding of material noncompliance, City may declare Subrecipient ineligible for any further participation in City CDBG programming. In the event there is probable cause to believe Subrecipient is in noncompliance with any applicable rules or regulations, City may withhold up to fifteen (15) percent of said Agreement funds until such time as Subrecipient is found to be in compliance by City, or is otherwise adjudicated to be in compliance. K. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior written consent of City; provided, however, that claims for money due or to become due to Subrecipient from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any assignment or transfer shall be furnished promptly to City. L. Subcontractors. 1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of City. All subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or federal laws. 2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by City, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. Specifically, without limitation, Subrecipient shall include the provisions of this Agreement regarding Civil Rights and Affirmative Action in every subcontract or purchase order, specifically or by reference, to ensure that such provisions will be binding upon all subcontractors. PY15 SUBRECIPIENT AGREEMENT - MERIDIAN FOOD BANK PAGE 12 OF 14 4. Documentation. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. M. Relocation, real property acquisition, and one-for-one housing replacement. Subrecipient agrees specifically, without limitation, to comply with: 1. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); 2. The requirements of 24 CFR 570.606(c) governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and 3. The requirements in 24 CFR 570.606(d) governing optional relocation policies. Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. N. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. O. Severability. If any provision of this Agreement is held invalid, the reminder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. P. 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. Q. Non -waiver. Failure of either party to promptly enforce the strict performance of any term 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 benefit thereof, notwithstanding delay in enforcement. R. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: Meridian Food Bank y: Dan Clark, Executive Director STATE OF IDAHO ss: County of ) I HEREBY CERTIFY that on this day of , before the undersigned, a Notary Public in the State of Idaho, personally appeared Dan Clark, proven to me to be the person who executed the said instrument, and acknowledged to me that such person executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 8 Notary Public f6f Idaho Residing at , Idaho My Commission Exp es: PY15 SUBRECIPIENT AGREEMENT — MERIDIAN FOOD BANK PAGE 13 OF 14 CITY: City of Meridian By: Tam y e V eerd, Mayor Attest: Jacy ones, City Clerk ®�o�pi1;D AUCUsI'P City of B I '! V IbAH® ¢� SEAL the PY 15 SUBRECIPIENT AGREEMENT — MERIDIAN FOOD BANK PAGE 14 OF 14 Meridian City Council Meeting DATE: Mav 10,2016 ITEM NUMBER: 4 PROJECT NUMBER: ITEM TITLE: Sponsorship Agreement (Idaho Central Credit Union) CableONE Movie Night in Meridian 2016 Single -Night Sponsorship Agreement Between the City of Meridian and Idaho Central Credit Union for a Not -to -Exceed Amount of $1,000.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CABLE ONE AoMe Night Mendidn W Meridian Settlers Park CABLEONE MOVIE NIGHT IN MERIDIAN 2016 SINGLE -NIGHT SPONSORSHIP AGREEMENT This CABLEONE MOVIE NIGHT IN MERIDIAN 2016 SINGLE-NIGHTµr,.-t SPONSORSHIP AGREEMENT ("Agreement") is made on this��day of , 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Idaho Central Credit Union, whose address is 4400 Central Way, Chubbuck, Idaho, 83202 ("Sponsor"). For good and valuable consideration and in consideration of the mutual promises and covenants herein contained, City and Sponsor agree as follows: 1. Single -Night Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, the Single -Night Sponsor of City's July 1St, 2016 and August 19th, 2016 installments of the weekly summer CableONE Movie Night in Meridian event series. As such, benefits insuring to Sponsor throughout the term of this Agreement shall include those enumerated for Single -Night sponsors in the CableONE Movie Night in Meridian 2016 Sponsorship Packet, attached hereto as Exhibit A. 2. Payment. By 5:00 p.m. on May 27, 2016, Sponsor shall prepay to City one thousand dollars ($1,000.00), which is equal to two (2) Single -Night sponsorships at five hundred dollars ($500.00) each. In the event the Sponsor fails to pay this amount in full in a timely manner as provided herein, City may terminate this Agreement in the manner therefor as set forth herein. In the event that the CableONE Movie Night in Meridian program is discontinued, or either sponsored showings are cancelled or shortened before Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, though City shall issue a two hundred and fifty dollar ($250.00) credit for each cancelled or shortened showing to Sponsor for redemption as a sponsor in the following season. City shall make all decisions regarding scheduling. In the event that the CableONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened after Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, and no raincheck shall issue. 3. Promotion. a. City's efforts. With regard to CableONE Movie Night in Meridian, City shall undertake the promotional and advertising efforts enumerated for Single -Night Sponsors in the CableONE Movie Night in Meridian 2016 Sponsorship Packet, attached hereto as Exhibit A. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 1 of 6 b. Promotional Item Limitations. The sale or distribution of any food, drink, or other promotional item by Sponsor at Sponsor's booth, as allowed in the CableONE Movie Night in Meridian 2016 Sponsorship Packet attached hereto as Exhibit A, shall not be permitted without prior written permission from City. Such permission may be withheld or revoked at any time and for any reason. City may also, at any time, require that Sponsor discontinue the distribution of any promotional item that City deems to be negatively impacting concessions sales or deems not to be appropriate. c. Video production. City, in its sole discretion, may edit, reduce, cancel, or reject, at any time, any audio, video, or written material submitted, used, or created by Sponsor. Any pre -approval by City shall not be considered a waiver of the right to revoke or edit any such material during the term of this Agreement. Further, Sponsor warrants and represents that, as to all content of the video pieces created or produced pursuant to this Agreement, Sponsor shall, and hereby agrees to, indemnify, defend and hold harmless City from all claims, suits, judgments, proceedings, losses, damages, costs, and expenses, of any nature whatsoever, including attorneys' fees, for which the City may become liable by reason of City's displaying of Sponsor's audio or video copy, artwork, or other content, including but not limited to claims for libel, violation of privacy, plagiarism, or copyright violations. 4. Term. The term of this agreement shall be from the Effective Date through September 1, 2016, unless earlier terminated by either party by the method established herein. 5. Cancellation; scheduling. The parties acknowledge that the 2016 CableONE Movie Night in Meridian event series schedule shall include twelve to fourteen (12-14) weekly movie showings during June, July, and August, but cancellation of any or all movie showings may be necessary due to weather or other conditions or circumstances. City shall have sole responsibility and discretion in scheduling and/or cancelling CableONE Movie Night in Meridian and all movies and activities related thereto, including any and all related activities by Sponsor. The parties hereto expressly acknowledge that Settlers Park is a public space, the management and scheduling of which shall at all times be within the sole purview of City. Any right or privilege granted to Sponsor by this Agreement shall include neither the right to exclude any law-abiding person from CableONE Movie Night in Meridian, nor the right to interfere with any person's concurrent, lawful use of Settlers Park where such concurrent use does not conflict or interfere with Sponsor's use. 6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or damage of any equipment, materials, or personnel used or employed by Sponsor in the furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise of the rights or the furtherance of the obligations described herein. Any and all insurance of each party's respective property and personnel shall be the sole responsibility of that party. Sponsor shall obtain all necessary insurance as may be required in order to protect Sponsor's insurable interests for Sponsor's rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or property insurance. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 2 of 6 7. Use of City's name, logo. City hereby conveys to Sponsor permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Sponsor shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. 8. Termination. a. Termination for cause. If either Party determines that the other has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, engaged in any act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) days after such notice is sent to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon written notice of such termination by the terminating party. b. No compensation upon termination. In the event of termination, neither Party shall be entitled to compensation or damages for any equipment or materials provided pursuant to this Agreement or obligations incurred in furtherance of the rights conveyed by this Agreement. 9. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from CableONE Movie Night in Meridian, all related activities for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. 10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent contractor and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Sponsor and City or between Sponsor and any official, agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of City. Sponsor shall retain the right to perform services for others during the term of this Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. 11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's personal property or equipment, and to Sponsor's employees, agents, or volunteers arising out of or resulting from the condition of City's real or personal property or any lack of maintenance or repair thereon, and not caused by or arising out of the tortious conduct of City or its employees. Sponsor further agrees to indemnify and hold City harmless from any MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 3 of 6 loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use of City's real or personal property by Sponsor or by Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the tortious conduct of City or its employees or volunteers. 12. Waiver. Sponsor shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Sponsor's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. 13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. 14. Time of the essence. Sponsor acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 15. Compliance with law. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. 16. Non-discrimination. Throughout the course of this Agreement, Sponsor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. 17. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 18. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. 19. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. 20. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 4 of 6 21. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. 22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Sponsor cease to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall be void. 23. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon sending an e-mail message, addressed as follows: Sponsor: Darian Miles dmiles@iccu.com Citv Colin Moss cmoss@meridiancity.org Either party may change its e-mail address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. 24. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. 25. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Sponsor. The undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Sponsor. SPONSOR: L�, - L(__4 Authorized Representative Signature TC�_r \ rte. h �� l � e S Please Print Name CITY OF MERIDIAN: Qo�PzEo Ac,o�sr �o -11Y of u BY. �r i- ID k E� IAN_ * Tammy,d'eerd, Mayor Z o HO / SEAL411 2T��Ofrh. TREPSJ�� MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT Title -Ix- bv Date ATTEST: Jayeec+104, City 1),a -CAA '� C ne-S PAGE 5 of 6 Exhibit A 2016 CABLEONE MOVIE NIGHT IN MERIDIAN SPONSORSHIP PACKET Single Night Sponsor For $500 you will receive: • Recognition as one event's sponsor in all promotional efforts for that event. • The opportunity to promote your business or organization at your movie night through product displays, sampling, demonstrations, etc. It is also encouraged to organize activities that add to the appeal of your movie night. Examples include bounce houses, live bands, games, raffles, etc. • The opportunity to insert one (1) thirty (30) second advertisement into the pre -movie video at your movie night. • The opportunity to hang up to two (2) banners no wider than eight (8) feet each around the seating area during your show. Banners around seating area must be free-standing. There will be no fences, trees, buildings, etc around the seating area to hang your banner on. • Your logo linked to your website on the City of Meridian website next to your event's listing on the CableONE Movie Night in Meridian page. • Your logo next to your event's listing on the CableONE Movie Night in Meridian flyers that are distributed throughout the season. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 6 of 6 Meridian City Council Meeting DATE: May 10,2016 ITEM NUMBER: 4K PROJECT NUMBER: ITEM TITLE: Sponsorship Agreement (Meridian Library District) CableONE Movie Night in Meridian 2016 Single -Night Sponsorship Agreement Between the City of Meridian and the Meridian Library District for a Not -to -Exceed Amount of $500.00 MEETING NOTES IF 0 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Settlers Park CABLEONE MOVIE NIGHT IN MERIDIAN 2016 SINGLE -NIGHT SPONSORSHIP AGREEMENT This CABLEONE MOVIE NIGHT IN MERIDIAN 2016 SINT LE -NIGHT SPONSORSHIP AGREEMENT ("Agreement") is made on this-' � ay ofM92016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Meridian Library District, whose address is 1326 West Cherry Lane, Meridian, Idaho 83642 ("Sponsor"). For good and valuable consideration and in consideration of the mutual promises and covenants herein contained, City and Sponsor agree as'follows: 1. Single -Night Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, the Single -Night Sponsor of City's June 3, 2016 installment of the weekly summer CableONE Movie Night in Meridian event series. As such, benefits insuring to Sponsor throughout the term of this Agreement shall include those enumerated for Single - Night sponsors in the CableONE Movie Night in Meridian 2016 Sponsorship Packet, attached hereto as Exhibit A. 2. Payment. By 5:00 p.m. on May 27, 2016, Sponsor shall prepay to City five hundred dollars ($500.00). In the event the Sponsor fails to pay this amount in full in a timely manner as provided herein, City may terminate this Agreement in the manner therefor as set forth herein. In the event that the CableONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened before Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, though City shall issue a two hundred and fifty dollar ($250.00) credit to Sponsor for redemption as a sponsor in the following season. City shall make all decisions regarding scheduling. In the event that the CableONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened after Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, and no raincheck shall issue. 3. Promotion. a. City's efforts. With regard to CableONE Movie Night in Meridian, City shall undertake the promotional and advertising efforts enumerated for Single -Night Sponsors in the CableONE Movie Night in Meridian 2016 Sponsorship Packet, attached hereto as Exhibit A. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 1 of 6 b. Promotional Item Limitations. The sale or distribution of any food, drink, or other promotional item by Sponsor at Sponsor's booth, as allowed in the CableONE Movie Night in Meridian 2016 Sponsorship Packet attached hereto as Exhibit A, shall not be permitted without prior written permission from City. Such permission may be withheld or revoked at any time and for any reason. City may also, at any time, require that Sponsor discontinue the distribution of any promotional item that City deems to be negatively impacting concessions sales or deems not to be appropriate. c. Video production. City, in its sole discretion, may edit, reduce, cancel, or reject, at any time, any audio, video, or written material submitted, used, or created by Sponsor. Any pre -approval by City shall not be considered a waiver of the right to revoke or edit any such material during the term of this Agreement. Further, Sponsor warrants and represents that, as to all content of the video pieces created or produced pursuant to this Agreement, Sponsor shall, and hereby agrees to, indemnify, defend and hold harmless City from all claims, suits, judgments, proceedings, losses, damages, costs, and expenses, of any nature whatsoever, including attorneys' fees, for which the City may become liable by reason of City's displaying of Sponsor's audio or video copy, artwork, or other content, including but not limited to claims for libel, violation of privacy, plagiarism, or copyright violations. 4. Term. The term of this agreement shall be from the Effective Date through September 1, 2016, unless earlier terminated by either party by the method established herein. 5. Cancellation; scheduling. The parties acknowledge that the 2016 CableONE Movie Night in Meridian event series schedule shall include twelve to fourteen (12-14) weekly movie showings during June, July, and August, but cancellation of any or all movie showings may be necessary due to weather or other conditions or circumstances. City shall have sole responsibility and discretion in scheduling and/or cancelling CableONE Movie Night in Meridian and all movies and activities related thereto, including any and all related activities by Sponsor. The parties hereto expressly acknowledge that Settlers Park is a public space, the management and scheduling of which shall at all times be within the sole purview of City. Any right or privilege granted to Sponsor by this Agreement shall include neither the right to exclude any law-abiding person from CableONE Movie Night in Meridian, nor the right to interfere with any person's concurrent, lawful use of Settlers Park where such concurrent use does not conflict or interfere with Sponsor's use. 6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or damage of any equipment, materials, or personnel used or employed by Sponsor in the furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise of the rights or the furtherance of the obligations described herein. Any and all insurance of each party's respective property and personnel shall be the sole responsibility of that party. Sponsor shall obtain all necessary insurance as may be required in order to protect Sponsor's insurable interests for Sponsor's rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or property insurance. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 2 of 6 7. Use of City's name, logo. City hereby conveys to Sponsor permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Sponsor shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. 8. Termination. a. Termination for cause. If either Party determines that the other has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, engaged in any act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) days after such notice is sent to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon written notice of such termination by the terminating party. b. No compensation upon termination. In the event of termination, neither Party shall be entitled to compensation or damages for any equipment or materials provided pursuant to this Agreement or obligations incurred in furtherance of the rights conveyed by this Agreement. 9. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from CableONE Movie Night in Meridian, all related activities for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. 10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent contractor and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Sponsor and City or between Sponsor and any official, agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of City. Sponsor shall retain the right to perform services for others during the term of this Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. 11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's personal property or equipment, and to Sponsor's employees, agents, or volunteers arising out of or resulting from the condition of City's real or personal property or any lack of maintenance or repair thereon, and not caused by or arising out of the tortious conduct of City or its employees. Sponsor further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 3 of 6 arising out of or resulting from the use of City's real or personal property by Sponsor or by Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the tortious conduct of City or its employees or volunteers. 12. Waiver. Sponsor shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Sponsor's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. 13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. 14. Time of the essence. Sponsor acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 15. Compliance with law. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. 16. Non-discrimination. Throughout the course of this Agreement, Sponsor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. 17. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 18. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. 19. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. 20. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein -or allowed by law shall not be to the exclusion of any other remedy. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT.. PAGE 4 of 6 21. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. 22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Sponsor cease to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall be void. 23. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon sending an e-mail message, addressed as follows: Sponsor: Audra Green audra@mld.org City Colin Moss cmoss @meridiancity.org Either party may change its e-mail address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. 24. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. 25. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Sponsor. The undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Sponsor. SPONSOR: bh Authorized R resentative Signature Title Item (A[1-1/ � (0 Please Print Name Date CITY OF MERIDIAN:ATTEST: Cily of w BY: � IDAao Tammy e eerd, Mayorx� SEAL v ycee o man, ity Clerk MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEME �P a TRE��J�� PAGE 5 of 6 Exhibit A 2016 CABLEONE MOVIE NIGHT IN MERIDIAN SPONSORSHIP PACKET 'Single Night Sponsor For $500 you will receive: • Recognition as one event's sponsor in all promotional efforts for that event. • The opportunity to promote your business or organization at your movie night through product displays, sampling, demonstrations, etc. It is also encouraged to organize activities that add to the appeal of your movie night. Examples include bounce houses, live bands, games, raffles, etc. • The opportunity to insert one (1) thirty (30) second advertisement into the pre -movie video at your movie night. • The opportunity to hang up to two (2) banners no wider than eight (8) feet each around the seating area during your show. Banners around seating area must be free-standing. There will be no fences, trees, buildings, etc around the seating area to hang your banner on. • Your logo linked to your website on the City of Meridian website next to your event's listing on the CableONE Movie Night in Meridian page. • Your logo next to your event's listing on the CableONE Movie Night in Meridian flyers that are distributed throughout the season. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT . '. PAGE 6 Of 6 Meridian City Council Meeting DATE: May 10,2016 ITEM NUMBER: 4L PROJECT NUMBER: ITEM TITLE: Sponsorship Agreement (Teleperformance) CableONE Movie Night in Meridian 2016 Single -Night Sponsorship Agreement Between the City of Meridian and Teleperformance for a Not -to -Exceed Amount of $500.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Aa° 1 ' Meridian Settlers Park CABLEONE MOVIE NIGHT IN MERIDIAN 2016 SINGLE -NIGHT SPONSORSHIP AGREEMENT This CABLEONE MOVIE NIGHT IN MERIDIAN 2016 S GLE-NIGHT�42016�� SPONSORSHIP AGREEMENT ("Agreement") is made on this ay of ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Teleperformance, whose address is 9324 Emerald Street, Boise, Idaho 83704 ("Sponsor"). For good and valuable consideration and in consideration of the mutual promises and covenants herein contained, City and Sponsor agree as follows: 1. Single -Night Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, the Single -Night Sponsor of City's August 5, 2016 installment of the weekly summer CableONE Movie Night in Meridian event series. As such, benefits insuring to Sponsor throughout the term of this Agreement shall include those enumerated for Single - Night sponsors in the CableONE Movie Night in Meridian 2016 Sponsorship Packet, attached hereto as Exhibit A. 2. Payment. By 5:00 p.m. on May 27, 2016, Sponsor shall prepay to City five hundred dollars ($500.00). In the event the Sponsor fails to pay this amount in full in a timely manner as provided herein, City may terminate this Agreement in the manner therefor as set forth herein. In the event that the CableONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened before Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, though City shall issue a two hundred and fifty dollar ($250.00) credit to Sponsor for redemption as a sponsor in the following season. City shall make all decisions regarding scheduling. In the event that the CableONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened after Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, and no raincheck shall issue. 3. Promotion. a. City's efforts. With regard to CableONE Movie Night in Meridian, City shall undertake the promotional and advertising efforts enumerated for Single -Night Sponsors in the CableONE Movie Night in Meridian 2016 Sponsorship Packet, attached hereto as Exhibit A. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 1 of 6 b. Promotional Item Limitations. The sale or distribution of any food, drink, or other promotional item by Sponsor at Sponsor's booth, as allowed in the CableONE Movie Night in Meridian 2016 Sponsorship Packet attached hereto as Exhibit A, shall not be permitted without prior written permission from City. Such permission may be withheld or revoked at any time and for any reason. City may also, at any time, require that Sponsor discontinue the distribution of any promotional item that City deems to be negatively impacting concessions sales or deems not to be appropriate. c. Video production. City, in its sole discretion, may edit, reduce, cancel, or reject, at any time, any audio, video, or written material submitted, used, or created by Sponsor. Any pre -approval by City shall not be considered a waiver of the right to revoke or edit any such material during the term of this Agreement. Further, Sponsor warrants and represents that, as to all content of the video pieces created or produced pursuant to this Agreement, Sponsor shall, and hereby agrees to, indemnify, defend and hold harmless City from all claims, suits, judgments, proceedings, losses, damages, costs, and expenses, of any nature whatsoever, including attorneys' fees, for which the City may become liable by reason of City's displaying of Sponsor's audio or video copy, artwork, or other content, including but not limited to claims for libel, violation of privacy, plagiarism, or copyright violations. 4. Term. The term of this agreement shall be from the Effective Date through September 1, 2016, unless earlier terminated by either party by the method established herein. 5. Cancellation; scheduling. The parties acknowledge that the 2016 CableONE Movie Night in Meridian event series schedule shall include twelve to fourteen (12-14) weekly movie showings during June, July, and August, but cancellation of any or all movie showings may be necessary due to weather or other conditions or circumstances. City shall have sole responsibility and discretion in scheduling and/or cancelling CableONE Movie Night in Meridian and all movies and activities related thereto, including any and all related activities by Sponsor. The parties hereto expressly acknowledge that Settlers Park is a public space, the management and scheduling of which shall at all times be within the sole purview of City. Any right or privilege granted to Sponsor by this Agreement shall include neither the right to exclude any law-abiding person from CableONE Movie Night in Meridian, nor the right to interfere with any person's concurrent, lawful use of Settlers Park where such concurrent use does not conflict or interfere with Sponsor's use. 6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or damage of any equipment, materials, or personnel used or employed by Sponsor in the furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise of the rights or the furtherance of the obligations described herein. Any and all insurance of each party's respective property and personnel shall be the sole responsibility of that party. Sponsor shall obtain all necessary insurance as may be required in order to protect Sponsor's insurable interests for Sponsor's rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or property insurance. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 2 of 6 7. Use of City's name, logo. City hereby conveys to Sponsor permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Sponsor shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. 8. Termination. a. Termination for cause. If either Party determines that the other has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, engaged in any act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) days after such notice is sent to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon written notice of such termination by the terminating party. b. No compensation upon termination. In the event of termination, neither Party shall be entitled to compensation or damages for any equipment or materials provided pursuant to this Agreement or obligations incurred in furtherance of the rights conveyed by this Agreement. 9. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from CableONE Movie Night in Meridian, all related activities for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. 10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent contractor and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Sponsor and City or between Sponsor and any official, agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of City. Sponsor shall retain the right to perform services for others during the term of this Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. 11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's personal property or equipment, and to Sponsor's employees, agents, or volunteers arising out of or resulting from the condition of City's real or personal property or any lack of maintenance or repair thereon, and not caused by or arising out of the tortious conduct of City or its employees. Sponsor further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 3 of 6 arising out of or resulting from the use of City's real or personal property by Sponsor or by Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the tortious conduct of City or its employees or volunteers. 12. Waiver. Sponsor shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Sponsor's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. 13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. 14. Time of the essence. Sponsor acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 15. Compliance with law. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. 16. Non-discrimination. Throughout the course of this Agreement, Sponsor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. 17. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 18. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. 19. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. 20. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 4 of 6 21. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. 22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Sponsor cease to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall be void. 23. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon sending an e-mail message, addressed as follows: Sponsor: City: Kristi Hart Colin Moss kristi.thomason@teleperformance.com cmoss@meridiancity.org Either party may change its e-mail address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. 24. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. 25. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Sponsor. The undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Sponsor. SP NSOR: C q1U1_'A bjA� 0 (1A Authorized Representative Signature Title VA- r� Please Print Name Date �QORptED AUGUsr� CITY OF MERIDIAN: °° �� TTEST: r E IDIAN*__ BY: Tamm e eerd, Mayor SEAL City erk the TRVC- MOviE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 5 of 6 Exhibit A 2016 CABLEONE MOVIE NIGHT IN MERIDIAN SPONSORSHIP PACKET Single Night Sponsor For $500 you will receive: • Recognition as one event's sponsor in all promotional efforts for that event. • The opportunity to promote your business or organization at your movie night through product displays, sampling, demonstrations, etc. It is also encouraged to organize activities that add to the appeal of your movie night. Examples include bounce houses, live bands, games, raffles, etc. • The opportunity to insert one (1) thirty (30) second advertisement into the pre -movie video at your movie night. • The opportunity to hang up to two (2) banners no wider than eight (8) feet each around the seating area during your show. Banners around seating area must be free-standing. There will be no fences, trees, buildings, etc around the seating area to hang your banner on. • Your logo linked to your website on the City of Meridian website next to your event's listing on the CableONE Movie Night in Meridian page. • Your logo next to your event's listing on the CableONE Movie Night in Meridian flyers that are distributed throughout the season. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 6 of 6 Meridian City Council Meeting DATE: May 10,2016 ITEM NUMBER: 4M PROJECT NUMBER: ITEM TITLE: Sponsorship Agreement (RC Willey) CableONE Movie Night in Meridian 2016 Single -Night Sponsorship Agreement Between the City of Meridian and RC Willey for a Not -to -Exceed Amount of $500.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Settlers Park CABLEONE MOVIE NIGHT IN MERIDIAN 2016 SINGLE -NIGHT SPONSORSHIP AGREEMENT This CABLEONE MOVIE NIGHT IN MERIDIAN 2016 S NIGHT SPONSORSHIP AGREEMENT ("Agreement") is made on thiGLF� s ay of , 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation brganized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and RC Willey, whose address is 3301 East Lanark Drive, Meridian, Idaho 83642 ("Sponsor"). For good and valuable consideration and in consideration of the mutual promises and covenants herein contained, City and Sponsor agree as follows: 1. Single -Night Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, the Single -Night Sponsor of City's June 10th, 2016 installment of the weekly summer CableONE Movie Night in Meridian event series. As such, benefits insuring to Sponsor throughout the term of this Agreement shall include those enumerated for Single - Night sponsors in the CableONE Movie Night in Meridian 2016 Sponsorship Packet, attached hereto as Exhibit A. 2. Payment. By 5:00 p.m. on May 27, 2016, Sponsor shall prepay to City five hundred dollars ($500.00). In the event the Sponsor fails to pay this amount in full in a timely manner as provided herein, City may terminate this Agreement in the manner therefor as set forth herein. In the event that the CableONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened before Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, though City shall issue a two hundred and fifty dollar ($250.00) credit to Sponsor for redemption as a sponsor in the following season. City shall make all decisions regarding scheduling. In the event that the CableONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened after Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, and no raincheck shall issue. 3. Promotion. a. City's efforts. With regard to CableONE Movie Night in Meridian, City shall undertake the promotional and advertising efforts enumerated for Single -Night Sponsors in the CableONE Movie Night in Meridian 2016 Sponsorship Packet, attached hereto as Exhibit A. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 1 of 6 b. Promotional Item Limitations. The sale or distribution of any food, drink, or other promotional item by Sponsor at Sponsor's booth, as allowed in the CableONE Movie Night in Meridian 2016 Sponsorship Packet attached hereto as Exhibit A, shall not be permitted without prior written permission from City. Such permission may be withheld or revoked at any time and for any reason. City may also, at any time, require that Sponsor discontinue the distribution of any promotional item that City deems to be negatively impacting concessions sales or deems not to be appropriate. c. Video production. City, in its sole discretion, may edit, reduce, cancel, or reject, at any time, any audio, video, or written material submitted, used, or created by Sponsor. Any pre -approval by City shall not be considered a waiver of the right to revoke or edit any such material during the term of this Agreement. Further, Sponsor warrants and represents that, as to all content of the video pieces created or produced pursuant to this Agreement, Sponsor shall, and hereby agrees to, indemnify, defend and hold harmless City from all claims, suits, judgments, proceedings, losses, damages, costs, and expenses, of any nature whatsoever, including attorneys' fees, for which the City may become liable by reason of City's displaying of Sponsor's audio or video copy, artwork, or other content, including but not limited to claims for libel, violation of privacy, plagiarism, or copyright violations. 4. Term. The term of this agreement shall be from the Effective Date through September 1, 2016, unless earlier terminated by either party by the method established herein. 5. Cancellation; scheduling. The parties acknowledge that the 2016 CableONE Movie Night in Meridian event series schedule shall include twelve to fourteen (12-14) weekly movie showings during June, July, and August, but cancellation of any or all movie showings may be necessary due to weather or other conditions or circumstances. City shall have sole responsibility and discretion in scheduling and/or cancelling CableONE Movie Night in Meridian and all movies and activities related thereto, including any and all related activities by Sponsor. The parties hereto expressly acknowledge that Settlers Park is a public space, the management and scheduling of which shall at all times be within the sole purview of City. Any right or privilege granted to Sponsor by this Agreement shall include neither the right to exclude any law-abiding person from CableONE Movie Night in Meridian, nor the right to interfere with any person's concurrent, lawful use of Settlers Park where such concurrent use does not conflict or interfere with Sponsor's use. 6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or damage of any equipment, materials, or personnel used or employed by Sponsor in the furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise of the rights or the furtherance of the obligations described herein. Any and all insurance of each party's respective property and personnel shall be the sole responsibility of that party. Sponsor shall obtain all necessary insurance as may be required in order to protect Sponsor's insurable interests for Sponsor's rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or property insurance. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 2 of 6 7. Use of City's name, logo. City hereby conveys to Sponsor permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Sponsor shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. 8. Termination. a. Termination for cause. If either Party determines that the other has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, engaged in any act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) days after such notice is sent to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon written notice of such termination by the terminating party. b. No compensation upon termination. In the event of termination, neither Party shall be entitled to compensation or damages for any equipment or materials provided pursuant to this Agreement or obligations incurred in furtherance of the rights conveyed by this Agreement. 9. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from CableONE Movie Night in Meridian, all related activities for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. 10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent contractor and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Sponsor and City or between Sponsor and any official, agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of City. Sponsor shall retain the right to perform services for others during the term of this Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. 11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's personal property or equipment, and to Sponsor's employees, agents, or volunteers arising out of or resulting from the condition of City's real or personal property or any lack of maintenance or repair thereon, and not caused by or arising out of the tortious conduct of City or its employees. Sponsor further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 3 of 6 arising out of or resulting from the use of City's real or personal property by Sponsor or by Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the tortious conduct of City or its employees or volunteers. 12. Waiver. Sponsor shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Sponsor's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. 13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. 14. Time of the essence. Sponsor acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 15. Compliance with law. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. 16. Non-discrimination. Throughout the course of this Agreement, Sponsor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. 17. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 18. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. 19. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. 20. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 4 of 6 21. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. 22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Sponsor cease to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall be void. 23. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon sending an e-mail message, addressed as follows: Sponsor: Katie Vaage katie.vaage@rcwilley.com City Colin Moss cmoss @meridiancity.org Either party may change its e-mail address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. 24. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. 25. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Sponsor. The undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Sponsor. SPONSOR: ,A_1 : Authorized Representative Signature Title Please Print Name Date CITY OF MERIDIAN: \�GupQ�RATEDq�CGs� ATTEST: w m 04HO ..__ 77`.7 ._ Tammy eerd, May %\ ,�� ay�ccrrQinrarr, erk �'' Aj' A. �0.Ct� �oneS F�Gf 1Q�� rhe TREAS\3 MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AG T PAGE 5 of 6 Exhibit A 2016 CABLEONE MOVIE NIGHT IN MERIDIAN SPONSORSHIP PACKET Single Night Sponsor For $500 you will receive: • Recognition as one event's sponsor in all promotional efforts for that event. • The opportunity to promote your business or organization at your movie night through product displays, sampling, demonstrations, etc. It is also encouraged to organize activities that add to the appeal of your movie night. Examples include bounce houses, live bands, games, raffles, etc. • The opportunity to insert one (1) thirty (30) second advertisement into the pre -movie video at your movie night. • The opportunity to hang up to two (2) banners no wider than eight (8) feet each around the seating area during your show. Banners around seating area must be free-standing. There will be no fences, trees, buildings, etc around the seating area to hang your banner on. • Your logo linked to your website on the City of Meridian website next to your event's listing on the CableONE Movie Night in Meridian page. • Your logo next to your event's listing on the CableONE Movie Night in Meridian flyers that are distributed throughout the season. MOviE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 6 of 6 Meridian City Council Meeting DATE: May 10,2016 ITEM NUMBER: 4N PROJECT NUMBER: H-2016-0037 ITEM TITLE: Resolution Rolling Hills Subdivision Resolution No. k o -11 1 0 : Resolution for Rolling Hills Subdivision (H- 2016-0037) by Clarence McLain Located Northwest Corner of E. Overland Road and S. Rolling Hills Drive Request: Vacate a 10 -Foot Wide Public Utility Easement that was Created with Lot 1, Block 2 of Rolling Hills Subdivision MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2016-040093 BOISE IDAHO Pgs=3 BONNIE 05/11/2016 10:32 AM MERIDIAN CITY NO FEE 11111111111111111111111111111111111111111111111111111 00223775201600400930030034 CITY OF MERIDIAN RESOLUTION NO. IG " [ I q D BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION VACATING A 10 -FOOT WIDE PUBLIC UTILITY AND DRAINAGE EASEMENT THAT WAS CREATED WITH ROLLING HILLS SUBDIVISION .LOCATED ON THE NW CORNER OF E. OVERLAND AND S. ROLLING HILLS DRIVE (PARCEL # R7555000172) IN THE NE %4 OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 19, 2016 the City Council of the City of Meridian, held a hearing on the vacation of the 10 -foot wide public utility and drainage easement located on the NW Corner of E. Overland and S. Rolling Hills of Rolling Hills Subdivision, as shown in the attached Exhibit "A". WHEREAS, the subject property is located on the NW corner of E. Overland Road and S. Rolling Hills Drive (Parcel # R7555000172) in the NE 1/4 of Section 16, Township 3 North, Range 1 East -Boise Meridian, City of Meridian, Ada County, Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That a portion of the 10 -foot wide public utility and drainage easement on the NW coiner of E. Overland Road and S. Rolling Hills Drive (Parcel # R7555000172) in the NE 1/4 of Section 16, Township 3 North, Range 1 East Boise Meridian, City of Meridian, Ada County, Idaho, is hereby vacated. A copy of the necessary relinquishment is attached as Exhibit "A". ROLLINGs HILLS SUBDIVISION—H-2016-0037 PAGE I OF 2 Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 4-� day ofI , 2016. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 1� day of A� , 2016. ATTEST: Mayor Tai de Weerd Chyof W Jacy Jones, City-rlefk-- -)A:0 SEAL STATE OF IDAHO, ) ss County of Ada ) On this In day of Q 2016, before me, the undersigned, a Notary Public in and for said State, p rsonally appeared TAMMY de WEERD and JACY JONES, 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. (SEAL) a' ••'�' �N e • o�.ljc ,hh: rorr•rr0� �tuz"- L ✓ \ LL NOTARY PUBLI O IDAHO I RESIDING AT: MY COMMISSION EXPIRES: —� ROLLINGs HILLS SUBDIVISION—H-2016-0037 PAGE 2 OF 2 ZE RIO 9 w rH 0 N 0 0 Ln to C: 6 cr- Meridian City Council Meeting DATE: Mav 10,2016 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Community Items/Presentations Community Reports To Mayor and Council on Housing Support Services from the Housing Authority, CATCH Inc., and NeighborWorks Boise MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Ne i g h b o r W o r k s ® Bo i s e Me r i d i a n C i t y C o u n c i l 2 0 1 6 Ne i g h b o r W o r k s ® Bo i s e Ou r M i s s i o n i s … . 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Re s i d e n t s R e f e r r e d i n P i p e l i n e - A p p r o x i m a t e l y 3 r e s i d e n t s w e r e r e f e r r e d t o l e n d i n g ; th e m a j o r i t y b e i n g r e f e r r e d t o D i a n a f o r r e n t a l a n d bu d g e t c o u n s e l i n g . Wa r m C l o t h i n g D r i v e : - $ 1 , 5 0 9 . 8 3 i n Y o u t h R a n c h V o u c h e r s Th r e s h o l d C r o s s i n g Mu s t b e a H o m e l e s s f a m i l y • In d i v i d u a l f a m i l y ’ s w h o l a c k s a f i x e d , r e g u l a r , a n d a d e q u a t e n i g h t t i m e re s i d e n c e . • Mu s t b e a t o r b e l o w 3 0 % A M I • Mu s t b e f a m i l i e s w i t h m i n o r s a n d c h i l d r e n • Mu s t b e w i l l i n g t o d e v e l o p a n i n d i v i d u a l i z e d s e r v i c e p l a n t h a t c o m e wi t h w r a p a r o u n d s e r v i c e s s p e c i f i c t o t h e f a m i l y ' s ne e d s . AC Q / R E H A B H O M E S We p u r c h a s e d i s t r e s s e d h o m e s , re h a b t h e m w i t h e n e r g y - e f f i c i e n t im p r o v e m e n t s , t h e n s e l l t h e m to f a m i l i e s a t 8 0 % A M I o r b e l o w . Ac q u i s i t i o n / R e h a b i l i t a t i o n Ho m e s h a v e b e e n p u r c h a s e d i n M e r i d i a n - Co t t a g e s , T o w n h o m e s , Si n g l e F a m i l y D e t a c h e d - Se n s i b l y - P r i c e d - En e r g y - E f f i c i e n t - Cl o s e - I n t o S c h o o l s , Sh o p p i n g , E m p l o y m e n t , Tr a n s p o r t a t i o n , S e r v i c e s Si n g l e F a m i l y D e v e l o p m e n t An d Ne w C o n s t r u c t i o n Po c k e t N e i g h b o r h o o d s 36 O a k R e n d e r i n g nw b o i s e . o r g Sa m p l e “ U r b a n C o t t a g e ” S t y l e s Ne i g h b o r h o o d H o m e s Vi s i t o u r w e b s i t e a t ne i g h b o r h o o d h o m e s . o r g Ma n y A f f o r d a b l e O p t i o n s L o c a t e d F u r t h e r O u t of E m p l o y m e n t C e n t e r s … Ho m e o w n e r s h i p P r o g r a m s Co a c h i n g a n d C o u n s e l i n g S e r v i c e s 5 Ho m e o w n e r s h i p Pr o g r a m s Re s i d e n t Se r v i c e s & Co m m u n i t y En g a g e m e n t Ac q u i s i t i o n Rehab Af f o r d a b l e Re n t a l Pr o p e r t i e s Si n g l e F a m i l y De v e l o p m e n t & Ne w Co n s t r u c t i o n Mo r t g a g e Le n d i n g Co m m u n i t y Se r v i c e Ev e n t s : PT T RU B Accounting Grants Admin TH A N K Y O U ww w . n w b o i s e . o r g WN IR N ghhoiffirkso BOISE presents the 34th Annual TOWN SHERWIN _ WILLIAMS. ta. RECEIVE] CITY OF OUI ID;!„;� CITY CLERKS OFFICE sponsored bye 0 94.9FM the River MOUNTAIN AMERICA CREDIT UNION �N i BOISE j REGIONAL REALTORS` C I t �`Ilgfk,�rlljref� KICKOFF EVENT ch BBQ gun Free & Open to the Public Nouse Saturday, May 21 11AM - 2PM `ass; caeS%10* Sherwin Williams - Meridian c 2680 E Fairview Ave Don't forget to BUYA BUCKET. Your contribution helps purchase the paint and supplies needed to paint homes for our elderly and disabled neighbors —AND Gets you entered to win 2 round trip Alaska Airlines tickets, a grill and an Apple Watch! TORF ENVIRONMENTAL MANAGEMENT 1_<>__1 INTERMOUNTAIN GAS COMPANY KNIFE RIVER S2.UPmRAT10nN Live Music Mag;o & ,3c rami/Y Friend/ Y Prizes sponsored by: �lgfkf�`Ii�llyref A IWERMOUNTiMN GAS CC7MPAW Contest ends June 10 - www.paintthetownboise.org Summary Review of the Meridian Programs of the Boise City/Ada County Housing Authority 2016 City of Meridian City of Meridian City of Meridian City of Meridian CDBG Grant Funds CDBG Grant Funds CDBG Grant Funds CDBG Grant Funds Year Year Year Year Grant Amount Grant Amount Grant Amount Grant Amount Household Household Household Household Median Median Median Median Income Income Income Income Household Household Household Household Members Members Members Members 2009 $15,000 47% 4 2009 $15,000 42% 5 2009 $15,000 54% 5 2010 $15,000 60% 3 2010 $15,000 54% 2 2010 $15,000 49% 3 2011 $15,000 48% 4 2012 $15,000 30% 1 2013 $13,900 50% 2 2013 $15,000 52 % 3 2014 $21,000 16% 1 2016 $10,000 45% 5 2016 $10,000 74% 4 2016 $10,000 53% 1 Total Funds Used Total Funds Used Total Funds Used Total Funds Used $1 $1 $1 $1 99 99 99 99 ,900.00 ,900.00 ,900.00 ,900.00 48% ( Ave) – 14 Families Housing Choice Voucher Housing Choice Voucher Housing Choice Voucher Housing Choice Voucher—— ——Meridian Snapshot Meridian Snapshot Meridian Snapshot Meridian Snapshot The Housing Choice Voucher Program (also known as Section 8), provides funds from the United States Department of Housing and Urban Development (HUD), to assist low income households with rent (and sometimes) utility payments. The program is admin- istered locally by the Boise City/Ada County Housing Authority. Participating families must apply when the waiting list is open and must meet income eligibility require- ments. Once a family is approved for participation, they must find area landlords will- ing to participate in the program and receive rent payments from the family and the Housing authority. Income Limits 2016 Meridian Families are currently being assisted. = 155 Annual payments to Meridian Landlords = $842,000 1 Person 2 Persons 3 Persons 4 Persons 5 Persons 6 Persons 7 Persons 8 Persons $21,850 $25,000 $28,150 $31,200 $33,700 $36,200 $38,700 $41,200 Address Purchase Sale Rehab Gross Margin 5389 N. Arezzo St., Meridian $117,300 $142,000 $2,708 $12,996 3151 N. Boulder Creek Pl., Meridian $126,000 $144,000 $5,469 $14,122 4240 E. Chandler St., Meridian $125,298 $154,000 $3,341 $14,049 3048 W. Divide Creek Dr., Meridian $135,000 $148,000 $6,331 $15,260 1569 E. Drucker Ln., Meridian $94,149 $122,000 $7,262 $11,074 2760 E. Indian Creek Dr., Meridian $125,673 $158,500 $7,491 $14,473 1860 E. Kamay Dr., Meridian $106,155 $130,000 $15,639 $13,122 641 N. Ocean Ave., Meridian $87,705 $118,000 $17,581 $11,440 1082 N. Petersburg Way, Meridian $97,209 $128,000 $20,280 $12,680 1117 E. Red Rock Dr., Meridian $156,500 $162,000 $3,249 $17,029 2479 N. Sequoia Ave., Meridian $121,000 $130,000 $6,772 $13,740 1341 E. Sicily St., Meridian $149,000 $162,000 $6,811 $16,637 461 S. Spoonbill Ave., Meridian $88,281 $115,900 $29,632 $12,687 2890 W. Stallion St., Meridian $128,700 $140,000 $8,592 $14,654 1378 N. Stonehenge Way, Meridian $85,281 $109,900 $9,689 $10,346 3917 N. Watersong Way, Meridian $106,092 $131,000 $5,040 $11,962 2592 N. Waterstone Way, Meridian $88,362 $122,000 $12,693 $11,123 1087 W. Whitesands Dr., Meridian $126,800 $150,000 $6,852 $14,329 4717 N. Zachary Way, Meridian $101,817 $119,900 $6,723 $11,764 1401 N. Stonehenge Way, Meridian $93,310 $129,900 $14,759 $14,422 1117 S. Spoonbill Ave., Meridian $121,520 $166,400 $11,674 $19,799 2835 W. Sheryl St., Meridian $117,110 $163,000 $20,254 $9,481 4437 N. Beaham Ave., Meridian $139,580 $178,900 $10,980 $13,173 920 N. Stolle Pl., Meridian $149,000 $190,900 $23,651 $17,326 2232 NW 10th Ave., Meridian $1 $91,900 $31,897 $49,152 258 W. Lava Falls Dr., Meridian $103,520 $137,500 $8,657 $16,508 Totals: $2,890,363 $3,645,700 $304,027 $393,348 Average: $111,168 $140,219 $11,693 $15,129 NSP - Meridian Non NSP - Meridian Program Units Boise Ada Funding Qualification Boise City Vouchers 1142 X X HUD Income/ Family Com- position Ada County Vouchers 762 X X HUD Income/ Family Com- position Low Rent Public Housing 160 X HUD Income/ Elderly/ Disabled Low Rent Public Housing 10 X HUD Income/ Family Com- position Section 8 Project Based 80 X HUD Income / Elderly/ Disabled Shelter Plus Care 39 X X HUD w/ supportive services Income/ Mental Health HOPWA (Housing Op- portunities for Persons with AIDS) 26 X X HUD w/ supportive Services Income/AIDS/ HIV Liberty Park Apts and SF home 49 X Bond Affordable Nez Perce Apts 26 X Bond Affordable Shoreline North Apts 54 X Bond Affordable Vine Terrace Apts 35 X Bond Affordable Hobbler Place (SF) 28 X Bond SF Workforce Shoshone Duplex 2 X Revolving Fund Affordable Allumbaugh House 1 X Various Detox/Sub- acute MH CHOIS 45 X X Meridian City Council Meeting DATE: May 10,2016 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Community Items/Presentations Citizen Concern by Rick Horvath in Regards to the Backflow Device at his Home Located at 4075 E. Driftwood MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS City of Meridian 33 E Broadway Ave Meridian, ID 33642 April 4, 2016 501 2*1********SCH 5 -DIGIT 83642 ,'tafill'll'Idtt' II`11,I-IIII, III1„IIIII JIII III HORVATH, RICK & SHARMAN 4075 E DRIFTWOOD DR MERIDIAN ID 83642-6026 HORVATH, RICK & SHARMAN 4075 DRIFTWOOD DR E MERIDIAN ID 83642 Account 20470070 Serial 1195189 Hazard LAWN SPRINKLER Location RT FRONT BY HOUSE Assembly RP WILKINS 976XL i `est Due May 1, 2016 RECEIVED CITY OF CITY x€ i_ t NOTICE TO TEST BACKFLOW PREVENTION ASSEMBLY TEST DUE DATE 5/112016 It is time for the annuat testing of your Backnow Prevention Assembly. The above referenced assembly. tvluch is located on your private plumbing system, requires annual testing per City Ordinance and State LaNv. The backflow prevention assemble tnustbe tested by a Certified Back-flow Assembly Testerby the above Due Date, and the successful results of this test must be subnutted to the Meridian Water Division. You may choose any Certified BackfloNv Assembly Tester. To assist you in your selection, a list of testers is provided on the reverse of this letter. The City. of Meridian'wifi be applying a $10.00 credit to customer accounts that have their backflow assemblies tested by the above Test Due Date; this applies to primai), assemblies only (e.g. premise isolation, fire sprinkler. and la;vm sprinkler backflow prevention assemblies). Please note that you are respon."ihle to pay the backflow tester directly for your assembly testing. If the backflow prevention assembly is not tested by the due date listed above, or t1bh gNy assembly fails to pass; your water service may be terminated and imposition of associated nraterturn-off fees applied until the br is certified as functioning properly . We appreciate your attention by assisting us in our continued commitment to provide the safest drinking water possible to our customers. If you have any further questions regarding your backfimw assembly or testing, please feel free to contact the City of Meridian Water Division at 208-888-5242 or by e-mail at 1}aclt["lour, f �t7ericii<incii ti .o�'< . Sincerely, City of Meridian Water Division 208-888-5242 Watcr Division 2235NIM, 9111 Street, 1\4eridian. ID 83646 Phone 208-8,98-5242 Fax 208-88.1-1139 e baci(flon;ei;nieridiancit)�.org 090003-0000501 [Oro] J, i i+ 1!BACKFLOWJOESI.i. ABSOLUTE FIRE PROTECTIONA 0001M. -mm. m - AMERICAN FIRE PROTECTION A BACKFLOW 4 ��• iiiri • BACKFLOW IDAHO BACKFLOW 1!CRAIG'S BACKFLOW TESTING :E & J SPRINKLER BACKFLOW DOCTOR SPRINKLERS ! i i i �'/ •f TRIBAL FIRE SYSTEMS LLCA ! • s. s ` ! i i. 1 • is • : : ME PAIGE MECHANICALGROUP ISHILO AUTOMATIC SPRINKLER INCA '�♦ ♦ !� ! ! ri i1 DEBEST PLUMBING + •� ! ! is ♦: �' -CALL FOR QUOTE PALMER BACKFLOW INC CALL FOR QUOTE ISTATE FIRE DC SPECIALTIESA • PLUMBING SERVICES CALLFOR QUOTE is : •• CALL FOR QUOTE *PRICES ARE EFFECTIVE AS OF JANUARY 1, 2016 AND ARE SUBJECT TO CHANGE WITHOUT NOTICE *THIS LIST IS FOR CONVENIENCE ONLY - YOU MAY CHOOSE ANY STATE OF IDAHO LICENSED BACKFLOW ASSEMBLY'TESTER ^THESE TESTERS OFFER FIRE SPRINKLER BACKFLOW TESTING *CUSTOMER IS RESPONSIBLE TO VERIFY PRICING PRIOR TO TESTING *SEE WWW.MERIDIANCITY.ORG/BACKFLOW FOR ANY NEW INFORMATION Meridian City Council Meeting DATE: May 10,2016 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: Community Items/Presentations SWAC Report (Steve Cory) on two proposed activities: (1) the Meridian "Hand in Hand We Recycle!" mobile recycling pilot program; and (2) the SWAC annual activity. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS J. Scott Walters — Seat 1 Robert Corrie — Seat 2 City of Meridian Cheryl Caldwell — Seat 3 Steven Cory — Seat 4 Nancy Mann — Seat 5 Wad e r:` -,V1, Karie Glenn — Seat 6 Mike Pepin — Seat 7 Advisory Commission �� Andrea Pogue — Seat 8 Jacob Chambers, youth —Seat 9 To: The Mayor and City Council From: Steve Cory, SWAC Chair Re: SWAC Report on 2 Proposed Activities: (1) "Hand in Hand We Recycle!" Mobile Collection Pilot Program; and (2) SWAC Annual Activity Date: May 10, 2016 1. "HAND IN HAND WE RECYCLE!" MOBILE COLLECTION PILOT PROGRAM Background: The City's Community Recycling Fund Program (CRFP) is an integral part of Meridian's Residential Recycling Program. Since 2011 the following projects have received all or partial funding from the CRFP: A. Old Towne Clean Up- $2,356.25 was spent for rental fees for HHW collection, flyers, and T- shirts; B. Western Ada Recreation District Pool -$5,000.00 was spent to purchase benches and trash can enclosures made from recycled materials; C. Meridian Split Corridor Art Project - $20,000.00 was spent to partially fund the purchase of the environmentally -friendly Split Corridor Arts Project by CJ Rench entitled "Under the Sun and Dreaming"; D. "Meridian Recycles!" reusable bags- $6,958.80 was spent to purchase 5,000 bags for promotional purposes. At one event SWAC, Republic Services, and MYAC combined to distribute 3,400 reusable bags to the community at four local grocery store locations. There was also opportunity for new sign-ups to the residential curbside recycling program. The remainder of the bags was allocated to the Environmental Division and Community Liaison Representative for promotional opportunities. E. Settlers Park Recycling Container Pilot Program- $13,501.20 was spent to install twenty permanent recycling containers at Settlers Park. This project has been overwhelmingly successful especially because Republic Services generously agreed to return a percentage of revenue received to the CRFP similar to the residential curbside recycling program. F. Meridian Youth Baseball: Purchase and Installation of Aluminum Bleachers at Settlers Park Baseball Complex- $8,902.50 was spent and MYB organization fulfilled their cash match of $3,902.50 to complete the project. Page I of 4 G. City of Meridian Parks and Recreation Department, Project #1: Recycling Containers Installation at Heroes and Julius Kleiner City Parks- $14,773.00 was spent to install additional permanent recycling containers like at Settlers Park. H. City of Meridian Parks and Recreation Department, Project #2: 8th Street Playground Equipment -$23,801.08 was spent to purchase playground equipment manufactured from 50% postconsumer plastics. The Parks and Recreations fulfilled its cash match of $8,260.00 to complete this project. I. City of Meridian Environmental Division: Graphics Animation "It Starts at Home -Solid Waste & Recycling Services in Meridian"- $5,000 went towards this project. This national award winning video is used at schools and other community education functions. J. Storey Park Dog Park: $1,000 was spent for a bench made from recycled material for the City's new dog park. Clearly, the community has benefitted from the efforts of residential recyclers and Republic Services return of 80% of net revenue derived therefrom to the CRFP. However, due to a sustained global decline in the value of recycling commodities, no money has been returned to CRFP since late 2012. The current CRFP balance is $2,255.84. Part of the problem is that commingled recycling has contributed to the negative value. Global markets are no longer interested in buying baled commingled material due to contamination so the local MRF has had to charge a higher processing fee to "unmingle" the delivered commingled material into separated baled commodity streams for market. In other words, separated commodities have higher value than commingled material. Program Overview: Thinking outside the box, in an effort to continue to promote the benefits of recycling generally and specifically to breathe vitality back into the CRFP despite the poor market conditions, SWAC wondered if it would be possible to collect separated commodities at highly attended events in the City and then figure out a way to bale and ship them to market for less than the going cost of processing? If it were possible, SWAC hypothesized that there might be an opportunity to realize some return of revenue to the CRFP. SWAC's secondary goal would be to use the mobile program to educate and promote the benefits of clean recycling generally in the community. Recognizing that collaboration would be key to the success of such a pilot program, SWAC brainstormed with Republic Services and Western Recycling (local MRF owner) to see what could be done. As a result of these discussions, SWAC has developed its pilot mobile collection program, "Hand in Hand We Recycle!" which SWAC is pleased to present to the Mayor and Council for consideration. Details - The program will consist of the use of one highly recognizable "hand painted" Republic Services' 30 cubic yard container which will be moved around to a variety of highly attended events (City and non -city sponsored) throughout the year. On the container will be painted in white the program's slogan, "Hand in Hand We Recycle!" Both the City's logo and SWAC's logo will be painted thereon as well. The container will otherwise be literally covered with painted handprints of individuals who recycle in Meridian. Attached is a visual of both the slogan and a painted container. Page 2 of 4 Four separated streams of commodities (cardboard, aluminum, plastic, and newsprint) will be collected in separated compartments of the container. The four divided compartments will have appropriate commodity signage supplied by Republic Services. The "hand painted" container will reside in-between events at Republic Services' Meridian Transfer Station and be available for free drop-off of the four commodities year-round. When full, the container will be hauled by Republic Services to Western Recycling's Nampa baling and shipping facility to be processed for market. Republic Services has agreed to donate the use of the container and hauling services; Western Recycling has agreed to donate its processing services. Advertising of the program will be a collaborative effort as well. All available newsletters, billing statements, social media, will be utilized to promote the program and event locales. Through this generous collaborative effort, SWAC hopes that the sale of the separated commodities will yield revenue back to the CRFP and generally promote enthusiasm for clean recycling in the community. If the pilot program is approved by City Council, SWAC will launch the program at the PW Expo event on June 9th at City Hall. The launch will consist of having Republic Services' (freshly green - painted) 30 yard container placed strategically in the parking lot to promote access and visibility. In front of the container will be a staffed table by volunteers from SWAC and Republic Services. On the table will be a supply of a different colored latex paint (donated by Stericycle from the landfill HHW store). The volunteers will ask individuals walking by, "Do you recycle here in Meridian?" If the answer is, "Yes," then the person(s) will be invited to choose a paint color of their choice and apply their painted handprint anywhere on the container. If a person doesn't currently recycle, he/she will be invited to sign up then and there, and if they do, then they will be given the same opportunity to apply their painted handprint to the container. There will be hand cleaning supplies available. Taped down drop cloths around the table and container should protect the parking lot. No recyclables will be collected at this time. The Parks Department provided this list of upcoming high attendance events in Meridian's parks that SWAC and Republic Services think would provide optimal conditions for publicity, education, and collection of commodities: ® March 26th — Capital Christian Easter Egg Hunt — Kleiner Park — Non -City Event ® Fridays June 3rd — August 26th — CableONE Movie Night in Meridian — Settlers Park — City Event ® June 181h — Meridian Kiwanis Wing -Off — Kleiner Park — Non -City Event ® June 22-25 — Dairy Days — Storey Park/Speedway — Non -City Event ® July 4th — Independence Day Festival — Storey Park — City Event ® July 10th — KTSY Parktacular — Settlers Park — Non -City Event ® August 5th — Meridian Fire Dept Salmon BBQ — Kleiner Park — City Event ® September 17th — Meridian Community Block Party — Kleiner Park — City Event ® December 3rd — Meridian Winter Lights Parade — Generations Plaza — City Event In summary, from the slogan to the painted handprints adorning the mobile container, the program objective is to promote the concept that it takes everyone in the community to recycle in order to improve the quality of life for everyone in the community. SWAC believes this program will also promote recycling generally just by its positive message and presence at highly attended local events and will directly contribute to the CRFP by presenting a mobile collection opportunity for the community to drop off clean separated recyclable material. Page 3 of 4 II. SWAC ANNUAL ACTIVITY: Beginning in 2016, SWAC has chosen to adopt an annual activity of which it wishes to advise the Mayor and City Council. SWAC intends to participate with a manned booth at the annual PW Expo event at City Hall. This year that will be on June 9, 2016. The purpose of the booth is to share with the public information regarding the City's trash and recycling services, including the CRFP and Household Hazardous Waste Program. There will be Commissioners present who will be available to answer questions and help educate the public on the importance of clean recycling. SWAC's youth Commissioner, Jacob Chambers, procured the donation of several hundred reusable bags from Albertsons that SWAC will give away as "swag." SWAC will sign up non-recyclers and educate the public regarding its mission generally. We are excited to participate in this year's PW Expo at City Hall and look forward to continuing to do so in the future. Page 4 of 4 :am. 4 Meridian City Council Meeting DATE: Mav 10,2016 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: Parks and Recreation Parks and Recreation Department Strategic Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: Mav 10,2016 ITEM NUMBER: 7C PROJECT NUMBER: ITEM TITLE: Parks and Recreation Department: Parks and Recreation Department: Commercial Real Estate Purchase and Sale Agreement Between the City of Meridian and the Young Men's Christian Association (DBA Treasure Valley Family YMCA) for a Not -to -Exceed Amount of $4,000,000.00 MEETING NOTES APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS COMMERCIAL REAL ESTATE PURCHASE AND SALE AGREEMENT This Agreement is made between The City of Meridian, an Idaho Municipal Corporation ("City" or "Buyer"), and the Young Men's Christian Association of Boise City, an Idaho Nonprofit Corporation, dba Treasure Valley Family YMCA. ("YMCA" or "Seller"). Buyer and Seller may be collectively referred to herein as "the Parties." This Agreement shall be made effective as of the date when fully executed by both Parties ("Effective Date"). WHEREAS, the City of Meridian and the Treasure Valley Family YMCA are committed to enhancing the community's quality of life by providing and supporting places and programming that foster individual and community growth, development, and wellness for children, adults, and families; and, WHEREAS, the Parties recognize that through cooperation, we can more fully and effectively provide opportunities for diverse educational, recreational, athletic, and wellness programming than any of us can provide separately; and, WHEREAS, The Parties, along with other community partners are working together to develop a South Meridian Partnership at the Hill Property, a suite of combined educational, wellness, indoor and outdoor recreational and athletic facilities, and programming for youth, adults, and families, located near the intersection of Eagle and Amity Roads, in Meridian ("the Partnership"; and, WHEREAS, The City Council of the City of Meridian has expressed its support for the Partnership and in particular the YMCA facility component because it will enhance Meridian's quality of life by providing and supporting recreational facilities and opportunities, including gymnasium programming for members of the Meridian community to meet broader community needs for athletic programming and recreation; and, WHEREAS, City and the YMCA are acting in the spirit of good faith and partnership with the recognition that as entities, we are individually and collectively focused on the common good, and that the future operations at the Partnership will require ongoing cooperation, communication, and sharing to reach the maximum potential to serve the community; and, WHEREAS, City is encouraged that the leadership of the YMCA is committed to continuing to raise funds for an eventual aquatic center in a future phase at the Partnership: and, WHEREAS, The YMCA owns real property in the City of Meridian as legally described hereinafter, and operates an indoor recreation facility thereon known as the Homecourt YMCA; and, HOMECOURT YMCA PURCHASE AND SALE AGREEMENT - 1 WHEREAS, The YMCA is interested in selling the Homecourt facility to assist in the funding of its new facility at The Partnership; and, WHEREAS, City has identified the need to own and operate its own indoor fieldhouse facility to meet the recreational needs of the community, and the opportunity to purchase the Homecourt represents a cost-effective means to meet this community need; and, WHEREAS, City has obtained a professional appraisal that identifies the total market value of the Homecourt Real Property, improvements, and specialized fixtures, and the City Council declares that the Purchase Price as set forth herein is fair and equitable under the circumstances; and, WHEREAS, Buyer desires to purchase Seller's real property on the mutually agreeable terms and conditions set forth herein. NOW, THEREFORE, in return for good and valuable consideration, including the agreement set forth herein and the Parties' proceeding to the closing of the purchase transaction contemplated hereby, the receipt and sufficiency of such consideration being hereby acknowledged, the Parties do hereby enter into this Agreement and the terms and conditions set forth below. The parties agree as follows: 1. Purchase and Sale of Property. 1.1 Property. Subject to the terms and conditions of this Agreement, the Seller shall sell to the Buyer and the Buyer shall receive from the Seller the following real property and other assets (the "Property"): 1.1.1 Real Property. The real property described as Parcel #6725 of E2SW4, Section 12 3N 1W, Ada County, Idaho together with all buildings and fixtures located on such real property (the "Real Property"). The Real Property shall include, but is not limited to, the Specialized Improvements listed on Schedule 1.1.1 1.1.2 Tangible Personal Property to be included in the purchase price. Certain tangible personal property located on or used in connection with the operation or maintenance of the Real Property as listed on the attached Schedule 1.1.2. shall be transferred to Buyer at closing and shall remain on the premises during and after any lease -back period identified in article 5.4 of this Agreement. 1.1.3 Tangible Personal Property to remain in the ownership of Seller. Certain tangible personal property located on or used in connection with the operation and maintenance of the Real Property as listed on the attached Schedule 1.1.3 shall remain in the ownership of Seller and may be removed from the premises at any time up to the conclusion of any lease -back period identified in article 5.4 of this Agreement. 1.1.4 Intangible Personal Property. With the exception of the "YMCA" name and any variation thereof, all intangible personal property associated exclusively with the operation or maintenance of the Real Property (the "Intangible Personal Property"), including: HOMECOURT YMCA PURCHASE AND SALE AGREEMENT - 2 a. All Seller's right, title and interest in the "Homecourt" tradename, mark, or logo used exclusively in connection with the Real Property; b. All land use and business use permits associated with the Real Property, including conditional use permits; C. All Seller's right, title and interest in and to any and all leases of all or any portion of the Real Property where the Seller is the owner or landlord and has granted a leasehold interest to a third party. 1.2 Purchase Price Amount. The purchase price for the Property is $4,000,000.00 (the "Purchase Price"). 1.3 Closing Agent. Buyer and Seller have designated Title One Corporation as Closing Agent ("Closing Agent"), 1.4 Earnest Money. Buyer and Seller agree that the Parties' proceeding to the closing of the purchase transaction contemplated herein is sufficient consideration and that there will be no Earnest Money held by the Closing Agent. In the event that this Agreement does not close for any reason, neither party will be entitled to damages of any kind, and neither Buyer or Seller shall have any recourse or remedy. 1.5 Cash Payment at Closing. The Purchase Price in immediately available funds shall be delivered at Closing to the Closing Agent. 1.6 Conveyance of Title. 1.6.1 Real Property. Title to the Real Property shall be conveyed by a Grant Deed. Title to the Real Property shall be marketable and insurable and shall be free and clear of all liens, encumbrances, and restrictions, exclusive of any liens, encumbrances, and conditions accepted in writing by the Buyer on or before Closing. 1.6.2 Other Property. Title to the Property (exclusive of the Real Property) shall be conveyed by bills of sale, assignments, and other instruments of transfer in such form as Buyer shall reasonably request. Title to such Property (i) shall be marketable in the Buyer, (ii) shall be conveyed free and clear of all covenants, conditions, liens, and encumbrances, and (iii) shall be conveyed with all warranties provided by the Idaho Uniform Commercial Code or other applicable law. 1.7 Title Insurance. 1.7.1 Commitment. Upon the execution of this Agreement, Seller shall order a Commitment for Title Insurance ("Commitment") issued by Title One Corporation ("Title Company"), covering the Real Property. HOMEcouRT YMCA PURCHASE AND SALE AGREEMENT - 3 1.7.2 Unapproved Exceptions. If any exceptions shown on the Commitment are not approved in writing by the Buyer prior to Closing and cannot be removed by the Seller by Closing, then the Buyer shall have the right to terminate this Agreement, in which event all earnest money deposited shall be refunded to the Buyer and each party shall be fully released and discharged from any further obligations under this Agreement. 1.7.3 Policy. At Closing, the Seller shall purchase and deliver to the Buyer a standard Owner's Policy title insurance policy (current revision) ("Policy") in the amount of the purchase price. 2. Representations, Warranties, and Covenants of the Seller. The Seller represents and warrants to, and covenants with, the Buyer as follows: 2.1 Authority of the Seller. The execution, delivery, and consummation of this Agreement by the Seller has been duly approved in accordance with applicable law and any documents or instruments governing the Seller. 2.2 Property Ownership. The Seller owns and possesses all right, title, and interest in and to the Property free and clear of all covenants, conditions, easements, liens, and encumbrances, except those that are disclosed in the Commitment. 2.3 Material Misstatement or Omissions. No representation or warranty made by the Seller in this Agreement or in any document or agreement furnished in connection with this Agreement contains or will contain any untrue statement of material fact, or omits or will omit to state a material fact necessary to make the statements not misleading. 2.4 No Default. The Seller is not in default under the terms of any contract, agreement, lease or license, and no condition or event has occurred which, after notice, the passage of time, or otherwise, would constitute a default under or breach of any such terms. The Seller is not aware of any condition that will result in a default under any such terms. 2.5 Compliance with Laws. The Seller has complied in all material respects with all laws, regulations, and orders affecting the Property and is not in default under or in violation of any provision of any federal, state, local or provincial order, rule, regulation or law. 2.6 No Litigation. There is no equitable, legal, or administrative suit, action, arbitration, or other proceedings pending or threatened against or affecting the Seller or the Property. 2.7 No Broker Fees. No Brokers are involved in this transaction and neither Buyer nor Seller is obligated to pay any fee or commission to any broker, finder, or intermediary for or on account of the transaction contemplated by this Agreement. 2.8 Information to be Provided. Within ten (10) business days after the Effective Date of this Agreement each Party shall be obligated to deliver to the other Party the following: HOMECOURT YMCA PURCHASE AND SALE AGREEMENT - 4 2.8.1 Contracts. All contracts of any kind or nature that will survive the Closing and that relate to the Properties. 2.8.2 Leases. A copy of all leases relating to the Properties, together with any amendments to them. 2.9 Access to Property. After the Effective Date of this Agreement, the Parties and their representatives shall have reasonable access to the respective Properties that they are to receive under the transaction contemplated by this Agreement. 3. Hazardous Substances. 3.1 Definitions. The terms "hazardous substance," "release," and "removal" shall have the definition and meaning as set forth in Title 42 U.S.C. 9601 (or the corresponding provision of any future law); provided, however that the term "hazardous substance" shall include "hazardous waste" as defined in Title 42 U.S.C. 6903 (or the corresponding provision of any future law) and "petroleum" as defined in Title 42 U.S.C. 6991 (or the corresponding provision of any future law). The term "superfund" shall mean the Comprehensive Environmental Response, Compensation and Liability Act, Title 42 U.S.C. 9601, et seq. (or the corresponding provision of any future law) and any similar statute, ordinance, rule or regulation of any state or local legislature, agency or body. The term "underground storage tank" shall have the definition and meaning as set forth in Title 42 U.S.C. 6991 (or the corresponding provision of any future law). 3.2 Representations and Warranties. The Seller represents and warrants to, and covenants with, the Buyer that, to the best of Seller's actual knowledge: 3.2.1 the Real Property is not contaminated with any hazardous substance, 3.2.2 the Seller has not caused and will not cause the release of any hazardous substances on the Real Property, 3.2.3 the Real Property is not subject to any pending, threatened, or likely federal, state, or local "superfund" lien, proceedings, claim, liability, or action for the cleanup, removal, or remediation of any hazardous substance from the Real Property, 3.2.4 there is no asbestos on the Real Property, 3.2.5 there are no underground storage tanks on the Real Property, 3.2.6 the Real Property and the uses conducted on the Real Property are in compliance with all applicable environmental laws, codes, and regulations, including, without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended. 3.3 Phase I Environmental Audit. Buyer intends to obtain a "Phase I" environmental audit and liability assessment on the Real Property. The Phase I audit shall be conducted in substantial compliance with the American Society for Testing and Materials HOMECOURT YMCA PURCHASE AND SALE AGREEMENT - 5 (ASTM) Standard E 1527-05 or its replacement. The cost of the Phase I report shall be paid by Buyer outside of Closing. 3.4 Phase II Environmental Audit. If Buyer is not satisfied with the condition of the Real Property as reported in the Phase I environmental audit, then Buyer, in addition to any other remedy and without any waiver of rights, shall have the right to either (i) terminate the Buyer's obligation to close the transaction contemplated by this Agreement, or (ii) require that additional audits ("Phase II") be conducted on the Real Property at Buyer's sole cost, and extend the date for Closing for a period of time reasonably necessary to complete and analyze the Phase II audit. 3.5 Cooperation with Environmental Audit. Seller shall cooperate fully with the environmental audits referred to in this Agreement. 4. Conditions Precedent to Closing. 4.1 Representations and Warranties True. The representations and warranties of the Seller are true, complete, and accurate as of the date of this Agreement and as of the date of Closing as if made as of such date. 4.2 Covenants Performed. The Seller has performed all obligations, covenants and agreements to be performed prior to Closing as set forth in this Agreement. 4.3 Title Policy. The Title Company is prepared to issue a policy in accordance with the provisions of this Agreement. 4.4 Execution of Lease -Back Agreement. The parties shall confirm that they have executed a Lease -Back Agreement, pursuant to the terms of Section 5.4, below. 5. Closing. 5.1 Closing Costs. Buyer and the Seller shall each pay one-half of the Closing Agent's Closing Fees at Closing, included but not limited to Escrow fees, closing costs, and recording fees. 5.2 Date of Closing. The Parties shall submit all required documents to Closing Agent in advance of the planned closing date of September 30, 2016, or at such other time, date, and place as may be mutually agreed between Seller and Buyer. 5.3 Closing Agent Instructions. Buyer and Seller shall execute and deliver to the Closing Agent instructions on the form generally provided by the Closing Agent with such modifications as are reasonably made by the Buyer. 5.4 Possession After Closing and Lease -Back. Buyer shall be entitled to possession of the Property upon Closing. Upon Possession, Buyer agrees to lease certain portions of the Property back to Seller, subject to the terms and conditions of a Lease Agreement to be negotiated by the Parties and executed as a condition precedent to Closing. HOMECOURT YMCA PURCHASE AND SALE AGREEMENT - 6 5.5 Post -Closing Covenants. 5.5.1 Hoop Dreams. Buyer agrees to provide facility use to the "Hoop Dreams" consistent with the terms and conditions a use agreement, to be negotiated between City and the Hoop Dreams organization. 5.5.2 Other Programs During the first 10 years after Closing, Buyer agrees not to utilize the Real Property for any City of Meridian sponsored youth sports leagues that would unreasonably compete with the Seller's existing youth sports programs, especially youth basketball programs. During the same time period, Seller agrees to restrict the use of its new South Meridian Facility in such a manner that it will not be utilized for any adult sports programs that would unreasonably compete with Buyer's existing adult sports leagues. Both Parties acknowledge that there is already significant existing overlap in the topics of classes, camps, and clinics offered to both youth and adults. The spirit of this partnership is to also avoid duplicating services at the same location and/or service area. 6. General Provisions. 6.1 Incorporation of Recitals. The recitals set forth in this Agreement are a material and integral part of this Agreement and are incorporated herein by reference. 6.2 Governing Law, Jurisdiction, and Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of Idaho. The Parties agree that the courts of Idaho shall have exclusive jurisdiction and agree that Ada County is the proper venue. 6.3 Time of the Essence. Time is of the essence with respect to the obligations to be performed under this Agreement. 6.4 Rights Cumulative. Except as expressly provided in this Agreement, and to the extent permitted by law, any remedies described in this Agreement are cumulative and not alternative to any other remedies available at law or in equity. 6.5 Nonwaiver of Remedies. The failure or neglect of a Party to enforce any remedy available by reason of the failure of the other Party to observe or perform a term or condition set forth in this Agreement shall not be a waiver of such term or condition. A waiver by a Party (i) shall not affect any term or condition other than the one specified in such waiver, and (ii) shall waive a specified term or condition only for the time and in a manner specifically stated in the waiver. 6.6 Entire Agreement. All Schedules and Exhibits to this Agreement are a part of this Agreement. This Agreement, together with the accompanying Schedules and Exhibits, is the entire agreement among the Parties and supersedes all prior memoranda, correspondence, conversations and negotiations. 6.7 Severability. The invalidity of any portion of this Agreement, as determined by a court of competent jurisdiction, shall not affect the validity of any other portion of this Agreement. HOMEcouRT YMCA PURCHASE AND SALE AGREEMENT - 7 6.8 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instruments. 6.9 , Attorneys' Fees. If either party shall default in the full and timely performance of this Agreement and said default is cured with the assistance of an attorney for the other party and before the commencement of a suit thereon, as a part of curing said default, the reasonable attorneys' fees incurred by the other party shall be reimbursed to the other party upon demand. In the event of any litigation between the parties concerning this Agreement, the unsuccessful party in such litigation shall fully reimburse the prevailing party for all reasonable costs and expenses, including reasonable attorney's fees, incurred in such litigation. 6.10 Survival of Representations, Warranties, and Covenants. All representations, warranties, and covenants of the Parties set forth in this Agreement shall survive the Closing and shall survive the recording of the Warranty Deed(s). 7. Execution of Agreement. Seller acknowledges that this agreement will be executed by Seller before Buyer executes the agreement and that the execution of the agreement by the Buyer is contingent upon ratification of the terms and conditions of this agreement by the Meridian City Council and the Council's authorization for the Meridian City Mayor to execute this agreement on behalf of the Buyer. Dated: 2016 BUYER, CITY OF MERIDIAN Dated: , 2016 SELLER, Young Men's Christian Association of Boise City, dba Treasure Valley Family YMCA David Duro, President HOMECOURT YMCA PURCHASE AND SALE AGREEMENT - 8 STATE OF IDAHO ) ss County of Ada ) On thisI( day of oad , 2016 before me, a Notary Public, personally appeared Tammy de Weerd and Jacy Jones, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ATE OF IDAHO ss County of Ada ) Ommwv l opl - Notary Public for Idaho " Residing at: MjjGjt� Commission expires: On thisday of , 2016, before me, a Notary Public, personally appeared David Duro, know or ' entified to me to be the President of the Corporation who executed the instrument of behalf of said Corporation, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. HOMECOURT YMCA PURCHASE AND SALE AGREEMENT - 9 Schedule 1.1.1 Specialized Improvements (fixtures) To be included with the Real Property 1. Basketball Equipment — Hoops 2. Volleyball Equipment, including all nets, poles, standards, and paddings Lockers and Benches 4. Motorized Court Dividers 5. Tip and Roll Bleachers 6. Basketball Court Flooring 7. Showers 8. Homecourt signage attached to exterior of building HOMECOURT YMCA PURCHASE AND SALE AGREEMENT - 10 Schedule 1.1.2 Schedule of Tangible Personal Property to be Included in the Purchase Price 1. Man Lift 2. All other Volleyball equipment not included in Schedule 1.1.1 3. All Basketball equipment not included in Schedule 1.1.1, including ball racks and ball cages. 4. Office Desks 5. Cross -fit bars 6. Wall Mirrors 7. All Pickle Ball nets / equipment 8. Storage Lockers / Storage Sheds in gym that are currently owned by the YMCA 9. Basketball Shooting Machine 10, Bulletin Boards 11. T.V's on the wall 12. Attached scoreboards, associated controllers, any and all spare parts 13. Rubberized flooring in Bay 5 14. Washer and Dryer located in utility room. 15. Sound system, speakers, wiring, and associated controls. 16. 60+folding chairs with chair rack 17. Money Safe with locks and/or combinations 18. Small children's tables and children's chairs in the kid area. 19. Cubbies / small storage area/lockers for kids 20. Court Signage HOMECOURT YMCA PURCHASE AND SALE AGREEMENT - 11 Schedule 1.1.3 Schedule of Tangible Personal Property to remain in the ownership of Seller 1. Fitness Equipment 2. Computers 3. Sports Balls (volleyballs and basketballs) 4. Copy Machine 5. Office Supplies 6. Employee Personal Effects 7. Tabletop scoreboards Any other tangible personal property not listed on this schedule shall be considered to be included in Schedule 1.1.2 HOMECOURT YMCA PURCHASE AND SALE AGREEMENT - 12 Meridian City Council Meeting DATE: May 10,2016 ITEM NUMBER: 7D PROJECT NUMBER: ITEM TITLE: Public Works: Public Works: Continued Discussion on Design Standards MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Page | 1 City of Meridian Public Works Dept. DESIGN STANDARDS 2016 Page | 2 CITY OF MERIDIAN PUBLIC WORKS DEPARTMENT DESIGN STANDARDS 2016 - Contents - Overview Section 1 Definitions Section 2 General Design Requirements Section 3 General Plan Requirements Section 4 Domestic Water Supply System Section 5 Sanitary Sewer System Section 6 Street Lighting Section 7 Grading and Drainage Section 8 Pressure and Gravity Irrigation Section 9 Class A Recycled Water System Section 10 Streetscapes Section 11 Landscaping Section 12 Waterways and Floodplains Page | 3 OVERVIEW PURPOSE The purpose of this document is to provide the development community in the City of Meridian with information, process and standards for design of City infrastructure for both public and private development within the city limits. Design guidance is provided in order to maintain standards and best practices in accordance with the City of Meridian’s ordinances, policies, practices, specifications and standards. SCOPE This document provides minimum design standards and guidelines for development- related infrastructure. Standards are required provisions, and are identified with language such as “shall”, “must”, and “required” or “prohibited”. Guidelines are voluntary provisions identified with language such as “should”, “recommended”, or “encouraged”. These standards and guidelines are intended to supplement other applicable regulatory agency standards. These design standards and guidelines address the following elements for new development:  General Requirements applicable to all projects (Sections 1 through 3)  Utilities - Domestic Water Supply System (Section 4) - Sanitary Sewer System (Section 5) - Pressure and Gravity Irrigation (Section 8) - Class A Recycled Water System (Section 9)  Site Design - Street Lighting (Section 6) - Grading & Drainage (Section 7) - Streetscapes (Section 10) - Landscaping (Section 11) - Waterways and Floodplains (Section 12) Page | 4 This document is intended to be used in the development of plans and specifications, in conjunction with the Idaho Standards for Public Works Construction (ISPWC), the latest edition of the Meridian Supplemental Specifications to the ISPWC, and other applicable standards identified in this document for the various elements. Any review by the City of Meridian is for the purpose of ensuring general conformance to standard practices, and does not constitute an engineering review of project plans and calculations or certification of compliance for work installed. The submitting design professional is solely responsible for the design and work installed. -END OF SECTION- Page | 5 SECTION 1 DEFINITIONS 1-1 PURPOSE: When the following terms or titles are used in these Standards, or in any document or instrument where these Standards govern, the intent and meaning shall be as herein defined below. 1-2 DEFINITIONS: Best Management Practices (BMP’s) – Shall mean schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to waters of the United States. City Engineer – Shall mean the Engineering Manager/City Engineer of the City of Meridian Public Works Department or his/her designee. City Specifications – Shall mean the latest edition of the City of Meridian Supplemental Specifications to the Idaho Standards for Public Works Construction (ISPWC). Construction Division – Shall mean the inspection services workgroup of the City of Meridian Public Works Department. Consulting Engineer – Shall mean any person, firm, partnership or corporation legally authorized to practice engineering in the State of Idaho who prepares land development/improvement plans and specifications for work within the City of Meridian. City of Meridian Standards – City Standards include this document, City Ordinances, the UDC and other documents used to establish standards for the City of Meridian. Design Professional – Any individual that is legally authorized / licensed to conduct work and prepare plans or reports related to their area of expertise. Developer – Shall mean any person, firm, partnership, corporation or combination thereof, principally responsible for a land development/improvement project. Development – Shall mean any act or process that changes the use or purpose of a parcel such as land grading, utility installation, street or building construction. Development Analyst – Shall mean Development Services personnel responsible for plan review. Page | 6 Development Services – Shall mean the Land Development Section of the Community Development Department of the City of Meridian. Downtown Meridian Redevelopment Area – Shall mean the area bounded by East 3rd Street, East Ada Avenue, North Meridian Road, and East Fairview Avenue. Drinking Water Act – Shall mean the 1974 Environmental Protection Agency Drinking Water Act, (42 U.S.C. 300f-300j-9) plus amendments. Engineering or Engineering Division– Shall mean the Engineering Division of the City of Meridian Public Works Department. MCC – Meridian City Code Project Inspector – Shall mean the Public Works Inspector of the City of Meridian assigned to the project or his/her designee. Recycled Water – Refers to Class A reclaimed / recycled water that is provided by the City of Meridian. Single Point – The secondary irrigation system connection from the City’s domestic water system for shoulder season use (see MCC 9-1-28 Section C-1). State Standards – Shall mean the latest edition of the Idaho Standards for Public Works Construction (ISPWC) and the Idaho State Standards governing water, wastewater and recycled water systems. Streetscape – In the city core (see drawing 10-A in section 10), that portion of the right-of-way adjacent to the roadway, between the back of curb and face of building. Waters of the United States – Shall mean any waters defined by Title 40 of the Code of Federal Regulations, Part 230.3 (s). -END OF SECTION- Page | 7 SECTION 2 GENERAL DESIGN REQUIREMENTS 2-1 SECTION SUMMARY: This section contains general guidance and requirements for the steps involved in starting a construction project and continuing all the way through to completion. 2-2 APPLICABLE STANDARDS: The current requirements of the following agencies and/or codes shall apply to general design requirements. Conflicts between these requirements and the agencies and documents listed below shall be resolved on a case-by-case basis.  State of Idaho, Department of Environmental Quality (IDEQ)  State of Idaho, Central District Health Department (CDHD)  International Building Code  National Electrical Code  International Fire Code  Idaho State Plumbing Code  Idaho Standards for Public Works Construction (ISPWC)  City of Meridian Supplemental Specifications to the Idaho Standards for Public Works Construction (“Supplemental Specifications” or “City of Meridian Supplemental Specifications”)  Meridian City Code (MCC) - Title 8 “Public Ways and Property” 2-3 ENGINEERING REQUIREMENTS: All plans and specifications for land development/improvements which are to be owned and operated by the City shall be prepared, sealed and signed by the appropriately licensed Design Professional. 2-4 PLAN REQUIREMENTS: All plans for the construction of water, sewer, recycled water, street lights and irrigation infrastructure to be owned by the City must be submitted to Development Services for review and approval. 2-5 INITIAL DEVELOPMENT/IMPROVEMENT OR UTILITY PLAN SUBMITTAL REQUIREMENTS: The initial submittal of development, utility improvement or capital improvement project plans shall consist of the following (if applicable):  A minimum of two (2) hardcopy sets, one electronic version in PDF format, and one electronic version in AutoCAD format (per the City of Page | 8 Meridian – Public Works CADD Specifications for Project Drawings), of plans along with any specifications, computations, test data, and/or other site specific materials requested by Development Services to adequately review the proposed project.  One (1) copy of the final plat (minus signature sheets) attached to each set of plans.  One (1) copy of each letter from any utility company affected b y any water and/or sewer mains outside of the standard corridors. Plans may be submitted without a utility company waiver for out-of-corridor utilities. However, letters from utility companies approving out-of-corridor utilities must be provided prior to plan approval by the City of Meridian. If the applicant is unable to acquire a response from a utility company, they may contact ACHD for approval to construct the utilities out-of-corridor. If ACHD approves, the City must receive a copy of the ACHD approval before City of Meridian’ plans will be approved. 2-6 DEVELOPMENT/IMPROVEMENT OR UTILITY PLAN RE- SUBMITTAL: Two (2) complete bound sets of the revised plans along with the redlined plan set shall be returned for review and/or approval. 2-7 DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW: All development/improvement or utility plans containing construction of or modifications to water systems, sanitary sewer systems, or recycled water systems require a review for compliance with state regulations. If the Developer wishes to use the City’s Qualified Licensed Professional Engineer (QLPE) review service to conduct the required Idaho Department of Environmental Quality (IDEQ) review, an additional QLPE fee will be due at the time the plans are released back to the Developer or Consulting Engineer. The amount of the fee is based on the number of applicable pages reviewed. Any projects with recycled water systems, sewer lift stations, water wells, pressure reducing stations, pump stations or force mains may not be reviewed by the QLPE review service, and must be sent to IDEQ for review. If a developer does not wish to use the QLPE service, the developer is responsible for submitting the plans to IDEQ for review and approval. 2-8 PLAN APPROVAL: Development Project plans will not be approved nor construction authorized until City of Meridian Review and Inspection Fees have been paid in full, and all applicable City of Meridian easements have been submitted and approved. Upon payment of fees, and approval of applicable easements, Development Services will issue the City Engineer’s plan approval letter. Two hardcopy (2) sets of approved for construction plans, one electronic version in PDF format, and one electronic version in AutoCAD format (per the City of Meridian – Public Works Page | 9 CADD Specifications for Project Drawings) for City distribution. 2-9 PRE-CONSTRUCTION MEETING: A pre-construction meeting will be scheduled once all agency approvals have been obtained, and ACHD has approved the roadway portion of the Improvement Plans (if applicable), and traffic impact fees have been paid. These meetings will be scheduled and coordinated through the Public Works Construction Division. 2-10 IMPROVEMENT PLAN REVISIONS DURING CONSTRUCTION: Should changes become necessary during construction, the Consulting Engineer shall first obtain the consent of the Project Inspector and the Development Analyst. The City Engineer may then be consulted by the Development Analyst for compliance with current specifications and to see if the proposed changes can be made in the field and covered with the Record Drawing submittal, or if revised plans are required. If revised plans are required, the revised plan sheet(s) will be forwarded to the Development Analyst responsible for reviewing and approving the project who will then distribute plans as appropriate. 2-11 RECORD DRAWINGS: The Developer or their authorized representative shall be responsible for keeping an accurate record of all approved deviations from the originally approved plans, and shall provide copies of these records to the Construction Division for verification upon completion of the work. Final approval of the completed improvements will not be given until as- built/Record Drawings are completed by the appropriate Design Professional (typically the Engineer of Record) and accepted by the City of Meridian. Requirements for Record Drawings are outlined in Section 3 of these Design Standards. 2-12 CONFLICTS, ERRORS AND OMISSIONS: The Consulting Engineer is responsible for plans and specifications that meet all federal, state, and municipal laws, rules and standards. The City of Meridian reviews plans for general conformance to these laws, rules and standards. The Consulting Engineer, however, is ultimately accountable/responsible for compliance, and City approval does not release them from this responsibility. Page | 10 2-13 CHANGE IN CONSULTING ENGINEER: If the Developer elects to change the Consulting Engineer during the project they shall provide Development Services, in writing, the name of the individual or firm that is taking over the project. The Developer and his new Consulting Engineer are responsible for construction verification, design change approval, record drawings and all remaining responsibilities of the original Consulting Engineer. 2-14 INSPECTION REQUIREMENTS: Any improvement which will ultimately be owned and maintained by the City shall be inspected during construction by the City of Meridian Public Works Construction Division. Failure to obtain inspection may result in re-installation of infrastructure. For projects where the City has agreed to provide reimbursement for certain infrastructure, quantities will be measured in the presence of the Project Inspector, and documentation verifying the quantities shall be provided. 2-15 EASEMENTS: Whenever possible, water, sewer and recycled water mainlines shall be located in the public right-of-way. However, if it is necessary for a City of Meridian utility mainline to be located outside the public right-of-way, the City shall be given permanent easements meeting the following requirements. A. Easements shall be submitted on the standard easement forms available on the City’s website. B. If it is necessary to install a utility main under a landscaped area, the main shall be centered in a 20-foot wide (minimum) easement free of permanent structures (including any bushes or trees). Shallow rooted plantings and small shallow rooted bushes will be allowed. Information verifying mature root growth of proposed plantings is required. Notes shall be included in the plans and easement stating, “No trees shall be allowed to be planted within a water, sewer or recycled water main easement.” Easement widths greater than 20 feet may be required for sewer mainlines depending on the sewer depth, size, and location or if determined necessary by the Public Works Department. C. If it is necessary to install a utility main under a private road, the main shall be centered in an easement that includes the entire road width and is a minimum 20-foot width. Page | 11 D. Temporary construction working easements or access of adequate dimensions shall be provided to allow construction within the permanent easement to be completed in a safe and reasonable manner. E. On development projects, all associated costs of easement acquisition will be at the sole expense of the Developer. These associated costs may be eligible for re-imbursement under the provisions of MCC-8-6-5. F. Existing substandard easements, within the limits of the proposed project, shall be upgraded to current standards prior to plan approval. 2-16 ACCESS ROADS:  Access to sewer, water and recycled water mains not located within public rights-of-way shall be provided by an all-weather gravel access road constructed of ¾” minus road mix gravel. See the Supplemental Specifications.  The maximum access road grade shall not exceed 10% and shall be shown in the profile view. The access road shall not block natural or artificial drainage and shall conform to the requirements of the governing agencies.  Access roads for sewer manholes shall have curves designed for turning radii of 28 feet inside radius and 48 feet outside radius and a vertical clearance of 14 feet.  Rim elevations of manholes located within access roads shall be equal to the elevation of the surface of the access road.  Hammerhead or intermediate turn-around spaces shall be constructed at the end of all access roads exceeding 150 feet in length and at intermediate locations as determined by Development Services.  Easements will be required for all maintenance roads and turn-around spaces. 2-17 OPEN WATERWAY CROSSING DESIGN: This section covers the design requirements when a water, sewer or recycled water main must cross an open waterway owned by a private user lateral association, irrigation district or the United States Government. A. General - The crossing of an open waterway requires user lateral, Public Works, irrigation district and/or United States approval of the design prior to commencing construction. B. A Project Agreement must be in place with the appropriate governing body prior to starting construction. C. Design requirements are as follows: Page | 12  Unless otherwise specified by the owner of the waterway, the main must be encased in a steel sleeve. Other criteria shall be per the requirements of the Supplemental Specifications.  In all cases, the waterway bed elevation shall be used for design purposes.  The top of the steel casing shall have a minimum 3 feet of cover from the lowest point of the waterway bed or as the appropriate governing body requires.  Crossing details of pipe, steel sleeve, spacers, annular backfill, piers, anchorage, transition couplings, etc., shall be shown within the plans.  Sewer pipeline crossings above waterways shall be submitted to the City Engineer for review on a case-by-case basis. -END OF SECTION- Page | 13 SECTION 3 GENERAL PLAN REQUIREMENTS 3-1 SECTION SUMMARY: This section contains guidance and requirements for the preparation of construction plan sets. 3-2 APPLICABLE STANDARDS: The requirements listed below shall apply to preparing construction plan sets. Conflicts between these requirements shall be resolved on a case-by-case basis.  All applicable standards as listed in Section 2-2  Latest edition of the City of Meridian Record Drawing Requirements / Acceptance of Record / Electronic Drawings. 3-3 GENERAL REQUIREMENTS: All development plans for domestic water, recycled water, or sanitary sewer systems shall include a title sheet, layout sheet, plan/profile of each sewer line and standard notes. Plans shall be clearly legible, bound / stapled and shall conform to accepted practice with respect to drafting standards. All information, which in the opinion of the City of Meridian Public Works Department, is necessary for the satisfactory design, review, construction, and maintenance of a project, shall be provided and where applicable, shall be shown on the plans. 3-4 APPROVED PLANS: Construction of City of Meridian public facilities, or connections to public facilities, shall not commence within the City of Meridian until plans and/or specifications for such facilities have been approved by the Development Services Division and all plan review and fees have been paid. Plans shall be stamped “Approved for Construction” and signed by the Development Analyst prior to beginning construction. The City may order any Contractor to cease work on any project if said Contractor does not have properly approved plans in his possession at the job site. 3-5 PAPER SIZE AND SCALE: All improvement plans shall be submitted utilizing standard plan sheet sizes and common engineering scales. Page | 14 3-6 DRAFTING STANDARD: All line work, letters and numerals must be clear, sharp and of appropriate weight. 3-7 TITLE SHEET: All improvements plans shall have the following information as a minimum on the title sheet:  Name of Project  Index of sheets  Vicinity map showing the project or parcel layout with the following information: - City limits (if applicable) - Adjacent subdivision(s), including names and lot lines - Street names  Name of Developer and contact information  Name of Consulting Engineering firm and contact information  Seal, signature and date of the Design Professional registered for the appropriate branch of work covered by the plans.  US Governmental horizontal (NAD83 adjusted to ADA County H.A.R.N. Survey) and vertical (NAVD 88) benchmark datum and project benchmarks  Digline number 3-8 SHEET NUMBERING: Each sheet within a set of improvement plans shall be numbered consecutively. Sheet numbering shall conform to generally accepted drafting standards. 3-9 TITLE BLOCK: Each sheet within the set of drawings shall have an approved title block showing the following:  Project title  Sheet title  Sheet number  Date  North Arrow (if applicable)  Scale Bar  Consulting Engineer’s name, signature and seal. Signature may be placed across the seal. Page | 15 The title block shall be either across the bottom or along the right edge of each plan sheet. 3-10 SEPARATE LAYOUT SHEETS: On all subdivision plans, a separate plan sheet may be required for each of the following:  Grading and Drainage  Street Lights (if more than 1 new street light is required)  Water  Recycled Water  Sewer  Multi-use Pathways In addition, plan and profile sheets shall show the plan and profile on the same sheet. The plan view should show storm drainage, sanitary sewer lines, multi-use pathways and other utilities. The profile view should show the storm drainage, sanitary sewer lines and other utility crossings. 3-11 PLAN DETAILS: In addition to the other requirements of these Design Standards, the following details shall be shown on the plans submitted for approval. A. Record Information - All existing and proposed:  Right-of-way lines  Boundaries of lots fronting the street  Easements (existing and proposed)  Both on-site and off-site rights-of-way and easement lines, properly dimensioned  Adjacent parcel owner name B. Existing Facilities – All pertinent existing facilities shall be shown, including:  Street Striping  Medians  Driveways  Curbs  Sidewalks  Edge of Pavement (if no curbs are present)  Location and size of all underground utilities  Limits of 100-year flood plains Page | 16  Structures  Trees (6” and larger) and other foliage  Traffic signals  Street lights, service pedestals, junction boxes and underground electrical conduits  Drainage ditches and detention basins  Utility poles  Fire hydrants  Retaining walls  Any other features of the area which may affect the design requirements for the project When a probable utility conflict exists, the design professional should field verify (by potholing if necessary) the extent of the conflict. Field verification should take place prior to the completion of final plans or be required of the Contractor prior to construction. C. Contours – Existing contours shall be shown on all plans. The scale shall be such that the plans are both readable and representative of the existing or planned site. See Section 7, “Grading & Drainage” for offsite requirements. D. Profiles – The construction drawings shall show the existing profile of the roadway centerline and the proposed design centerline. Gravity pipelines such as irrigation, sewer and storm drainage should be shown in the profile. Crossings of pressurized pipelines such as irrigation, water and recycled water should be shown to identify potential conflicts. Designs of proposed public improvements shall include profiles showing centerline elevations at 50-foot intervals and rates of grades, vertical curves, and other vertical alignment data. E. Stationing and Orientation – It is preferred that the stationing on plan and profile sheets read from left to right and be based on either roadway centerline or sewer pipe centerline. F. Benchmarks – Location, description, and elevation of benchmarks and datum shall be clearly delineated on the plans. G. Cross-Sections – Cross-sections shall be included in the plans where determined necessary by Development Services. Sections shall include all pertinent structural and topographical features. Section call-outs shall be identified by a number and letter and the sheet on which the section appears. H. Special Notes – Special notes shall be clearly indicated, and it shall be conspicuously noted on the plans that all construction work and Page | 17 installations shall conform to the City of Meridian Supplemental Specifications and that all work is subject to the approval of Meridian Public Works. 3-12 REQUIRED STANDARD NOTES: A list of all required standard notes may be obtained from the City of Meridian website, and shall be included on all improvements plans submitted to the City for approval. 3-13 STANDARD DRAWINGS: Consulting Engineers do not need to include any City standard drawings on improvement plans, but shall refer to the City of Meridian Supplemental Specifications by number where appropriate. If a variance to a standard drawing is intended, the drawing number shall be shown with the variance noted or a separate detail shown. 3-14 RECORD DRAWINGS: For information regarding record drawings, reference the latest version of Acceptance of Record / Electronic Drawings on the City of Meridian website. -END OF SECTION- Page | 18 SECTION 4 DOMESTIC WATER SUPPLY SYSTEM 4-1 SECTION SUMMARY: This section contains guidance and requirements for the following: water supply, water main design, and water system appurtenances. 4-2 APPLICABLE STANDARDS: The requirements listed below shall apply to the design of domestic water supply systems. Conflicts between these requirements shall be resolved on a case-by-case basis.  All applicable standards as listed in Section 2-2  IDAPA 58.01.08, “Idaho Rules for Public Drinking Water Systems”  Recommended Standards for Water Works (Ten State Standards)  Meridian City Code (MCC) - Title 9, Chapter 1 “Water Use and Service” and Chapter 3 “Cross-Connection Control” 4-3 WATER SUPPLY REDUNDANCY: New developments should be designed and constructed to provide redundant water supply (supply from more than one water main) to customers whenever reasonable. The water mains should be arranged to create a looped system and allow flow from multiple directions (minimizing dead-ends). Exceptions shall be approved by the City Engineer. 4-4 WATER SUPPLY PRESSURE: City of Meridian Engineering staff will model additions or changes to the water supply and distribution system. Normal operating pressures (Average Day Demand) at service connections across the distribution system must be no less than 45 pounds per square inch (psi) and no more than 80 psi unless approved by the City Engineer. 4-5 WATER DEMAND: For the design of water distribution systems serving residential areas, the assumed water demand for design purposes is 0.5 gallons per minute (gpm) per residential unit Maximum Daily Demand (MDD) plus appropriate fire flow. For the design of water distribution systems serving commercial areas, water demand shall be determined on a case-by-case basis. Page | 19 4-6 FIRE FLOWS: Required fire flows shall be determined on a case-by-case basis by the most recently adopted revision of the International Fire Code, the Meridian Fire Department, and the Engineering Division. Fire flows shall be modeled by City of Meridian Engineering staff according to IDAPA requirements. City of Meridian minimum standard for fire flow for any use is 1500 gpm at 20 psi for two (2) hours. 4-7 WATER MAIN DESIGN: Design requirements for water main layout, size and location shall conform to the latest Meridian Water Master Plan Update, and Engineering Division water modeling requirements. A. All water main pipe types are as indicated in the City of Meridian Supplemental Specifications. B. Minimum water main size (excluding hydrant laterals) shall be eight (8) inches. Twelve (12) inch water mains shall be installed at section-line roads and approximately halfway between section-line roads. C. Design should limit maximum velocity to 5 ft/sec at MDD and 10 ft/sec during fire flows. D. A water main alignment that is straight between valves is preferred. However, pipe joint deflection not to exceed ½ of the Pipe Manufacturer’s allowable deflection is allowed, but verification of the deflection angle by the contractor is required. E. The water mains shall be shown in the plan view and must identify pipe size, pipe material, location of valves, fire hydrants, existing water lines, air release/vacuum valves, blow-offs, water services, and all other appurtenances public or private including easements. Water mains shall be shown in the profile view where potential conflicts with other utilities exist. F. Install water mains within public rights-of-way and or dedicated City easements. G. Water mains should be located on the north and east sides of streets (see City of Meridian Supplemental Specifications drawing G1). Whenever possible, appurtenances should be located to avoid normal vehicle wheel paths. Page | 20 H. Minimum cover over water lines under section-line and mid-section line roadways that have not been fully developed, or in unpaved areas, shall be five (5) feet from top of pipe to finished grade. In all other areas, minimum cover shall be four (4) feet from top of pipe to finished grade. Water main depths of greater than six (6) feet shall be approved by the Engineering Division on a case-by-case basis. Where deeper mains are approved, valve stem risers shall be provided. I. Water mains shall maintain a minimum clearance from all other utilities of at least 12 inches vertical and 4 feet horizontal, except non-potable water pipelines which shall maintain separation recommendations as set forth by the Idaho Rules for Public Drinking Water Systems. J. Service connections to transmission mains (mains dedicated for moving water from supply to storage, pressure zones, or demand centers) shall not be allowed unless specifically approved by the City Engineer. K. Water mains in unimproved areas shall have a 14-foot wide gravel access road centered over the main per the City of Meridian Supplemental Specifications. L. Dead ends shall be minimized. Water mains should be designed to connect to neighboring properties to complete current or future loops or grids. Cul-de-sacs should be connected by water mains through easements whenever reasonable. Examples of reasons to connect cul-de-sacs could include: improved flow hydraulics, fire flow or water quality concerns. M. Dead-end water mains that are not to be extended in the future shall be terminated with a fire hydrant and appropriate fittings. Temporary dead ends (such as at subdivision phase lines) shall have a blow-off assembly per City of Meridian Supplemental Specifications. Blow-offs shall be located in a manner that enables easy access and maintenance including proper easements. 4-8 WATER SYSTEM APPURTENANCES: Water system appurtenances discussed herein include valves, fire hydrants, , blow-off assemblies, water service lines, meter setters, meter boxes, meter pits, water meters, pressure reducing stations, wells and well lots. Other appurtenances may include air relief valves, pressure relief valves, detector check valves, sampling stations and backflow prevention devices. A. Fire Hydrants - 1. The Meridian Fire Department shall determine the fire hydrant location requirements for all developments. Maximum spacing is Page | 21 400 feet as measured along the street frontage in residential developments, 300 feet maximum in commercial developments, or closer if deemed necessary by the Meridian Fire Department. 2. Fire hydrants shall not be connected to transmission mains unless approved by the City Engineer. 3. Fire hydrants shall not be connected to fire sprinkler service lines. 4. Fire hydrants shall be placed at street intersections wherever possible and located to minimize the hazard of damage by traffic. 5. Fire hydrants located at intersections shall be installed at the Point of Curve or Point of Tangent of the back of curb or edge of pavement alignment. See the City Supplemental Specifications for detailed drawings of typical installations and required clearances. B. Gate Valves and Blow-off Assemblies - 1. Minimum of 2 valves shall be provided at T fittings, and 3 valves at cross fittings. Exceptions to this rule may be allowed by the City Engineer when hot tapping active water mains is required, 2. Size-on-size hot taps are not allowed unless approved by the City Engineer. 3. In commercial areas, valve spacing should not exceed 500 feet. 4. In residential areas, valve spacing should not exceed 800 feet (Ten States Standards). 5. In areas without customer connections, valve spacing shall not exceed ¼ mile. 6. Valves and blow-offs shall not be abandoned in place if no longer needed. Blind flanges shall be installed where appropriate during abandonments. C. Water Service Lines and Services - 1. Water services shall be clearly called out by standard detail and size on plan sheets. 2. Water service lines from the water distribution main to the property shall be installed at the time the main is constructed within platted and recorded developments whenever possible. Page | 22 3. Standard size of a residential water service line shall be one (1) inch. Schools, commercial, industrial, or multiple family units with higher water demand shall be provided with larger service lines as determined by project engineer and subject to approval by Development Services. 4. For non-residential sites that include consumptive water uses that do not release water to the sewer system (such as sprinklers, cooling towers, pools, and water features), developer should consider including separate services for such uses to allow for correct sewer billing. 5. Services should be aligned so they are at 90°angles to the water main. If developments are re-platted, existing services may need to be abandoned to meet this requirement. 6. Whenever possible, water services shall not be placed in problematic areas such as high traffic areas, and within 5 feet of building foundations. 7. Whenever possible, avoid running water service lines through underground storm water filtration beds or under drainage swales. See the City of Meridian Supplemental Specifications to the ISPWC for sleeving requirements for services through storm water facilities. 8. Any unused water services must be abandoned at the water mains by closing the corporation stop, removing the service line, and installing a cap or copper disc on the back of the fitting as approved by the Project Inspector. Commercial services shall be abandoned at the water main by removing the gate valve and installing a blind flange. 9. All fire service lines must be clearly shown on plans, including size and location of jurisdictional valve. 10. Water service lines shall not be tapped into fire service lines or hydrant laterals (between the auxiliary gate valve and the hydrant). D. Water Meters – Water meters shall be installed on all residential, commercial, industrial, multi-family, public facility, and irrigation water services according to City Code requirements. Meters will be installed by the Water Division of Public Works after building permits are issued and fees are paid, not when water service lines are installed. Installation of water meters by anyone other than the Meridian Water Division is Page | 23 prohibited. The installation of meter pits and all meter setter appurtenances are the responsibility of the developer’s contractor. 1. Water meters serving single family homes over 3600 sf (not including garage) shall be at least 1 inch. 2. Water meters over 1 inch shall match the size of the service lines from the main to the meter pit. E. Pressure Reducing Valve (PRV) Stations – Pressure Reducing Valve Stations may be required for development that occurs at or near planned pressure zone boundaries. Determinations for requiring PRVs will be made by the Engineering Division through modeling and fire flow demands. If a PRV is required to serve a new development, the City of Meridian will purchase and install the PRV, interior piping, valves and telemetry equipment needed to operate the new PRV. The developer will be responsible for the following: 1. Providing for the location of the PRV vault. Landscaped areas are preferred to street installations. 2. Providing an easement for installations outside of the public right- of-way. 3. Purchasing and installing the concrete vault as required by the City of Meridian per specifications provided by Engineering Division. 4. Providing electrical service to the vault. Coordinate location and electrical requirements with the Engineering Division. 5. Providing conduit run per standard detail to a suitable site for antenna. 6. Stubbing the water mainline to the inside of the vault and installing PVC water pipe between the ductile iron spools where the PRV valves and appurtenances will be installed by the City at a later date. Note –the PRV plans and specifications will need to be submitted by the City to the Department of Environmental Quality for approval. F. Booster Stations- Booster Stations may be required for development that occurs at or near a pressure zone boundary. Booster stations shall meet the requirements found in the Idaho Rules for Public Drinking Water Systems. Required pumping capacity for booster stations shall be determined by the Engineering Division through modeling for the service area and planning period. Permanent booster station pumping facilities Page | 24 will be designed and constructed through capital projects managed by the Engineering Division. Temporary booster station pumping facilities will be designed and constructed by the developer with review by the Engineering Division. In both cases, the developer will be responsible for the following: 1. Providing for the suitable location of the booster station site by providing a deed. Minimum lot size shall be 140 feet by 140 feet. 2. Providing 14-foot wide paved access to the booster station site. 3. Providing three-phase electrical service to the site. Coordinate location and electrical requirements with the Engineering Division. 4. Stubbing the water mainlines and service lines to the site, providing easements as required. 5. If architectural and landscape features other than a chain link fence, minimum landscaping requirements per City of Meridian’s development requirements, and split face block building with metal roof are desired to screen and otherwise blend into the neighboring surroundings, the developer will be required to coordinate with and compensate the City for these additional expenses. Note –the booster station plans and specifications will need to be submitted by the City to the Department of Environmental Quality for approval. G. Wells and Well Lots- Test wells, productions wells, buildings and pumping facilities will be designed and constructed through capital projects managed by the Engineering Division. The developer will be responsible for the following: 1. Providing for the suitable well site by providing a deed. Minimum lot size shall be 140 feet by 140 feet. 2. Providing 14-foot wide paved access to the well site. 3. Providing three-phase electrical service to the site. Coordinate location and electrical requirements with the Engineering Division. 4. Stubbing the water main and service line to the site. Provide easements as required. Whenever possible, wells should be located near creeks or drains that allow for flushing. 5. Providing an easement for a flush line, or a flush line and easement if development occurs prior to the City capital project. Page | 25 6. If architectural and landscape features other than a chain link fence, minimum landscaping requirements per City of Meridian’s development requirements, and split face block building with metal roof are desired to screen and otherwise blend into the neighboring surroundings, the developer will be required to coordinate with and compensate the City for these additional expenses. Note –the well plans and specifications will need to be submitted by the City to the Department of Environmental Quality for approval. Additionally, the well development process can take multiple years for permitting, testing, development, design and construction. -END OF SECTION- Page | 26 SECTION 5 SANITARY SEWER SYSTEM 5-1 SECTION SUMMARY: This section contains guidance and requirements for the following: sewer pipeline design, determining when sewer shed studies / design reports are required, general lift station information, force mains, placement of sewer mainlines and manholes, and pretreatment. 5-2 APPLICABLE STANDARDS: The requirements listed below shall apply to the design of sanitary sewer systems. Conflicts between these requirements shall be resolved on a case-by-case basis.  All applicable standards as listed in Section 2-2  IDAPA 58.01.16, “Wastewater Rules”  IDAPA 58.01.08, “Idaho Rules for Public Drinking Water Systems”  Recommended Standards for Wastewater Facilities (Ten State Standards)  Meridian City Code (MCC) - Title 9, Chapter 4 “Sewer Use and Service” and Chapter 2 “Sewer Pretreatment” 5-3 CAPACITY DESIGN: Sanitary sewer system design must include provisions for the size and capacity to convey all domestic, commercial, institutional, and industrial waste that can be reasonably anticipated under conditions of full or ultimate development. Design flow shall be for peak wet weather flow. The determination of average dry weather flows for design purposes shall be based on the best available information concerning land use and density as estimated for land use plans, under the jurisdiction of the Meridian Community Development Department, to form the basis for qualifying present and future wastewater design flows. This information may include approved land use and density in accordance with current zoning in the absence of more specific information pertaining to expected development. A. Capacity – After an application is received by Planning or Development Services, the Engineering Division will run the total flows in the sewer model to evaluate if the proposed design has the capacity to adequately serve the entire tributary area. The City will also include flows for infiltration allowance depending on the location of the proposed development. Page | 27 5-4 SEWER SHED STUDIES: A sewer shed study is a plan to provide sewer service to a specific portion or sub- service area of the City, and will become part of the organizational knowledge and historical documentation used by the Engineering Division for future planning. When a sewer shed study is required, it shall be submitted and approved prior to submittal of project improvement plans. Submittal and approval of a sewer shed study may be required if the Engineering Division determines any of the following conditions exist:  The land use of the development is different than what was assumed in the Sewer Master Plan and Comprehensive Plan  Upstream or adjacent areas might require sewer service through the subject property  Downstream sewer capacity is limited  It may not be possible to serve the project and/or surrounding area with gravity sewer service  Interim sewer facilities may be required  Off-site sewer facilities may be required A. General Study Requirements – In order to develop a sewer shed study, the minimum information that must be accumulated and presented includes:  Area to be served by the local collection and trunk facilities  An analysis of the regional setting  Topography information of the area to be served (delineated on a map)  Any specific projects that precipitated the study  Relevant assumptions and special conditions  Proposed sewer infrastructure  Ultimate development within the study area  Hydraulic grade line at point of discharge into major facilities It is important to note that the same assumptions used in the current Sewer Master Plan (such as values for infiltration rates) should also be used in generating a sewer shed study. B. Study Map - The method of providing sewer service to the entire service area, including pipe sizes, lengths, slopes, and inverts, shall be shown to the extent necessary to determine the requirements within the subject property. All areas to be served through the project site, per the latest City Sewer Master Plan, must be included in the project flows. C. Study Slopes – The minimum slopes for gravity pipe shall be determined using the design parameters outlined in the Ten State Standards, but in no Page | 28 case less than 0.1%. Additionally, for those areas where the pipe route is not clearly defined, pipe grades shall allow for an additional 10% pipe length for potential meandering trunk pipeline paths. 5-5 DESIGN REPORTS: For construction of new sewer trunk pipelines (those 10 inches in diameter or larger) and lift station facilities, a Design Report may be required. Design Reports shall meet all requirements of the Engineering Division to include as a minimum, the following information: A. Introduction and Background - Use an exhibit for a project location map and identify whether the proposed facilities will be used on an interim or permanent basis. B. Previous Studies - Sewer Master Plan information, Specific Plans, Community Plans, and other Sewer Studies that pertain to the project should be referenced and built upon. If appropriate, those documents should be amended if the proposed project will require significant changes to previously approved documents. C. Environmental Document and Geotechnical Report – If these documents are required, findings must be referenced and incorporated to address environmental and geotechnical requirements. Incorporate reference exhibits and photographs as necessary. D. Existing Sanitary Sewer Facilities - Identify and briefly discuss whether the project is located within the City's service area. Discuss the existing sewer facilities available in the area. Incorporate and reference exhibits as necessary. E. Planned Sewer Improvements - Discuss the proposed interim or permanent facilities. Identify outfalls and discuss any proposed alternatives and available options. Incorporate and reference exhibits as necessary. F. Phasing - Identify phases of proposed development, referencing exhibits that depict the lots proposed to develop at each phase. Discuss the upgrades that are necessary at each phase and include a narrative on what triggers the necessity of implementing the upgrades to encompass the facilities, equipment, costs and timeline for implementation of triggers, design and construction aspects. If a lift station is an interim facility, discuss when and how the facility becomes unnecessary. G. Lift Stations - Provide a narrative of any proposed lift station with respect to the development constraints imposed by any jurisdictional agency to Page | 29 comply with the City of Meridian Lift Station Specifications and Drawings. Incorporate the requirements for conveyance of deeds and easements. Incorporate and reference exhibits as necessary. 1. Lift Station Site Design - Provide attachments as necessary for the preliminary design of the site. Include specifics on the size, location, and materials for the building, fencing, gates, and equipment on the site. Include the location and size of vaults that will encase air/vacuum valves, check valves, gate valves, etc., and specify the sizes and materials for these valves. Identify the location and size of the water service. Discuss the need for a hoist or crane. Incorporate and reference exhibits as necessary. 2. Wet Well and Pumping Alternative - Discuss any alternatives considered for wet well and pump design. Include all appropriate information necessary to analyze the size and depth of the wet well as well as alternatives for the type, size, and number of pumps. A narrative on maintenance requirements of the proposed facilities must be included. Discuss any bypass pumping that may be needed during construction. Include flotation calculations if groundwater is present or anticipated. 3. Recommended Force Main Design – Refer to Section 5-5.H. 4. Electrical and Controls - Identify the location of above and underground electrical facilities to serve the site, including the size and location of the transformer. Describe the equipment needed for the site, including lighting, PLC, SCADA, bubbler, pressure transducer and alarm systems, etc. Also, describe the need for emergency power and generator design (if incorporated). Incorporate and reference exhibits as necessary. 5. Evaluation of Odor Control Alternatives - Discuss necessity and alternatives for odor control. 6. Emergency Storage - Provide calculations on the facilities that will be used for emergency storage of sewage in the event of a pump station outage. Identify the location and elevation of the lowest manhole rim in the storage system and any others in the existing or proposed sewer system that may be adversely affected. Incorporate and reference exhibits as necessary. Requirements for calculating the emergency storage are presented in the Pump Station section of these standards. H. Force Mains: All pipes utilized for sanitary sewer force mains shall be pressure-rated pipes approved by Meridian Public Works. Force mains Page | 30 shall be designed so that the pipeline is always full, and no point in the vertical alignment is located above the energy grade line. The design report shall address the entire force main system in the most feasible projected layout, starting from the pumps and for the full length of the force main to the outfall back to the gravity system. In the event that plans are submitted that make changes to this layout, an amendment to the design report shall be required to verify that the proposed changes will not affect the pump sizing or efficiency. The force main shall be designed and submitted concurrently with the pumps/lift station. 1. Size and Velocity – The force main shall be sized to produce a fluid velocity of no less than 2 feet per second at least once per day, and no more than 8 feet per second. Unless otherwise approved by the Engineering Division, the minimum force main size shall be four (4) inches in diameter. 2. Hydraulic “C” Factor – For determining the head loss, use the Hazen Williams equation with a C factor of 120. 3. Thrust Forces and Shearing – The design report shall provide recommendation for mitigation of these forces in the onsite structures and the force main. Thrust forces in a force main shall be mitigated through joints that are restrained or anchored to prevent movement and separation. To avoid shearing due to differential settlement, flex couplings shall be installed on pipelines between pump station structures (i.e. wet wells) and vaults, and between valve vaults and bypass vaults. 4. Water Hammer – Water hammer (surge) shall be addressed in the design report as required by the City. Water hammer shall be evaluated for the normal operation of the pump station as well as for power failure while the pump(s) are running. The modulus of elasticity of the pipe material shall be considered when evaluating water hammer effects. The potential impact of water hammer shall be evaluated with special consideration given to cyclical loadings that are inherent in wastewater force mains. A safety factor of 1.5 shall be used when determining the adequacy of all piping system components with regard to withstanding system pressure, and at a minimum, the following shall be addressed in the surge analysis:  Transient pressures due to water hammer and the effect of these pressures on the entire system  Cyclic loading of the force main  Investigation of the pipeline profile to determine the possibility of water column separation Page | 31  Shut-off characteristics of all proposed pump control valves, including check valves  Substantiation for the use of surge control valves and other surge protection devices, when necessary, listing recommended size and computed discharge pressure 5. Location/Separation – Force mains shall be located within the public rights-of-way or in an appropriate easement. A minimum clearance from all other utilities of at least 12 inches vertical and 4 feet horizontal should be maintained, except potable water pipelines which shall maintain minimum separation recommendations as set forth by the Idaho Rules for Public Drinking Water System. A force main alignment that is straight between structures is preferred. However, pipe joint deflection not to exceed ½ of the Pipe Manufacturer’s allowable deflection is allowed, but verification of the deflection angle by the contractor is required. Where practical, force main alignment shall also be parallel to curbs, street centerlines, property lines, and/or easement lines. 6. Profile –A continuous upward slope from the pump station to the discharge point is desired, even when reasonable over-excavation is required to accommodate the continuous upward slope. In the event that a high point cannot be avoided, and is allowed by Public Works, a combination air release valve shall be installed. 7. Corrosion Protection – All ductile iron pipes shall be protected from corrosion. 8. Combination Air Release Valves – Where high spots in the profile cannot be avoided, combination air release valves (CARVs) shall be installed so that air can be purged from the force main. CARVs shall also be installed as close as possible to the check valves as needed to ensure the protection and maximize the operation of the pumps. CARVs shall be constructed in accordance with Standard Drawing of Meridian’s Supplemental Specifications. 9. Force Main Discharge – The force main shall enter the transition manhole with its center line horizontal and an invert elevation matching the spring line of the gravity line to ensure a smooth transition of flow to the gravity flow section. New discharge manholes shall be smoothly coated with Sprayroq Sprayshield or Spraywall coating. Existing manholes showing signs of corrosion or if over ten years old shall be smoothly coated with Strong Seal or Sewpercoat cementatious coating. Page | 32 10. Cost Estimate - Provide an Engineer’s estimate of design, construction, and operating costs if required by the City. 11. Project Schedule – Provide the projected timeline for the project, focused on major start/stop and completion dates. 12. List of Tables – Provide a list of tables used in the design report. At a minimum this should include lift station design criteria and a summary of the projected sewage flows at build-out and the design flows at various stages of development. 13. List of Exhibits - Provide a list of the exhibits used in the design report, at a minimum, this shall include a location map, the overall sewer study area, existing and proposed sewer facilities, and the overall sewer layout proposed. This shall also include preliminary drawings for the pump station design such as the site plan, section through the pump station wet well, single line diagram and load calculations. 14. Attachments - At a minimum, the attachments shall include a cost estimate, pump curve with system curve superimposed, calculations for system curve, wet well sizing calculations, emergency storage calculations, cut sheets from manufacturers of proposed facilities and equipment, air/vacuum release valve design sizing and project literature, and a site-specific geotechnical report. 5-6 SANITARY SEWER MAIN ALIGNMENT: All sanitary sewer mainlines shall be placed within public street rights-of-way unless the use of easements is specifically approved through Development Services. Locate manholes to ensure access for routine maintenance. Sewer facilities shall not be placed in any joint utility trench unless otherwise approved by the City Engineer. Consideration shall be given for future development when locating manholes in new lines. A. Horizontal Alignment – Pipelines shall be parallel to the street centerline wherever possible. If a change in alignment is necessary, it will require the construction of a manhole. B. Vertical Alignment – A constant slope between manholes is required. If a change in slope is necessary, a manhole is required at that point. C. Location within Roadways – Sewer mains shall be located in a corridor measured from 10 feet south or west to 5 feet north or east of the centerline of any roadway. Page | 33 D. Location in Constrained Existing Streets – When sanitary sewers are to be installed in an existing street, factors such as curbs, gutters, sidewalks, traffic conditions, traffic lane conditions, pavement conditions, future street improvement plans, and existing utilities shall all be considered. The approval of all appropriate jurisdictional entities and Public Works Engineering Division shall be obtained. E. Relocated Mains – Sewer mains installed to replace existing facilities shall generally follow existing alignments, but may be realigned as deemed necessary to achieve optimum flow conditions, reasonable access, and separation from existing utility infrastructures. Where possible, existing sewer pipelines in easements and alleys shall be relocated to nearby streets or public rights-of-way. F. Prohibited Locations – Construction of sanitary sewers shall be prohibited in the following locations unless otherwise approved by the City Engineer:  Within the 100-year floodway  Within jurisdictional wetlands  Parallel and underneath roadway landscaped medians, however crossings are acceptable  Within railroad rights-of-way unless a separate easement or license agreement is acquired  Within “backyard” and “side-yard” easements  Areas inaccessible to equipment or personnel  Within 10 feet of any building or structure. If the sewer depth is greater than 10 feet, this distance may have to be greater depending on the soil conditions. G. Separation from Potable and Recycled Water Mains – Separation shall meet the requirements called for in the IDAPA 58.01.16, “Wastewater Rules”. If the IDAPA separation requirements cannot be met, a letter to the City Engineer requesting a waiver of the requirements, along with an explanation for the request, should be submitted. If the waiver is justified the applicant will receive written notification approving the waiver. H. Utility Crossings – Alignment of all sanitary sewer pipelines and structures shall be designed to provide a minimum of 12-inches vertical clearance from all other utilities and/or improvements, unless otherwise approved by Development Services. Approval of crossings less than 12- inches will require special design considerations. I. Drainage Swales – Sanitary sewer pipelines crossing drainage swales shall require a sleeve to be installed allowing access for maintenance and Page | 34 removal of the pipe. The pipe sleeve shall have 1 foot of clearance from the top of the sleeve to the bottom of the swale. 5-7 PRIVATE SEWER MAINLINES: Where mainlines are located on private property and serve only one parcel, they shall be private and will require a plumbing permit. Onsite private mains shall be designed and constructed to the standards required by the Idaho Department of Environmental Quality or the Idaho Division of Building Safety, whichever is applicable. 5-8 MANHOLES AND CLEANOUTS: Sewer manholes shall be placed at the intersections of all sanitary sewer lines; at all changes in pipe size; at the end of any line terminating in a cul-de-sac; at the end of all permanent lines 150 feet or more in length; and at the end of any temporary line more than 150 feet in length that serves more than 4 Equivalent Residential Units (ERUs), or terminates at a property boundary where the adjacent property has a different ownership. Care should be taken to avoid placement of manholes in wheel paths of travel lanes. A. Drop Manholes – Drop manholes are not allowed without approval of the City Engineer (refer to City of Meridian Supplemental Specifications, Section 502, Part 3). B. Clean-outs – T-Type cleanouts may be used at points where the sewer line is terminated, but shall be continued to subsequent phases of a subdivision or other projects in the future (refer to City of Meridian Supplemental Specifications, Section 503, Part 2.B). 5-9 SEWER SERVICE LINES: Sewer service lines shall conform to Idaho Standards for Public Works Construction and the National Plumbing Code, and shall be designed and constructed per the following guidelines: A. General Requirements - The sewer service lines shall:  Extend from the collector sewer to the edge of public rights-of-way or edge of easement. New service lines shall not be located in driveways.  Be perpendicular to the sewer main line.  Meet minimum separation requirements from domestic and recycled water mains and services set forth in IDAPA 58.01.08, “Idaho Rules for Public Drinking Water Systems”. Page | 35 B. Care shall be taken to avoid locating sewer service lines within 5 feet of street tree locations. C. Sizing –Sewer service pipe diameter shall be a minimum of 4 inches for residential and 6 inches for commercial. 1. A separate and independent sewer service line shall be provided for every lot, building, and/or structure. 2. No more than three 4-inch sewer service connections into a single pre-cast manhole base will be allowed. D. Material – The sewer service pipe and connecting “T” or “Y” shall be PVC pipe, as identified in the City of Meridian Supplemental Specifications. E. Location - When sanitary sewers are constructed as part of new subdivision improvements, a sewer service line shall be constructed to the approximate center of each lot. F. Depth – The Design Professional shall verify the adequacy of the normal service line depth at the edge of easement or right-of-way to serve the intended parcel. G. Slope – The National Standard Plumbing Code requires 4-inch service lines to have a minimum slope of 2% to the property line. Where sewer service line will have less than 4 feet of cover, a 1% slope may be used with the approval of the City Engineer. The slopes for sewer service lines 6-inches or larger can be engineered with slopes which achieve a minimum velocity of 2 feet per second with the pipe flowing full or half- full. 5-10 SPECIAL REQUIREMENTS IN DEVELOPED AREAS: In cases where developers are extending sewer mainlines through developed areas, these requirements apply:  Property owners adjacent to or within 300 feet of the sewer extension project shall be contacted to gauge their interest in obtaining a sewer service.  Property owners requesting a service, and willing to pay for the associated cost, shall have a sewer service installed as a part of the sewer mainline extension project.  A property owner’s request for service shall be honored wherever practicable. Page | 36  Parcels with two or more sources of sewage may have independent sewer services provided to each source.  Redevelopment projects with existing sewer lines or services located in easements or alleys, shall relocate mainlines and services to public streets or rights-of-way whenever feasible. 5-11 CORROSION PROTECTION: If required, a Geotechnical Report shall include results of a soil corrosivity test if there are any proposed metallic structures such as steel casing, ductile iron pipe, steel reinforcement, etc., along the alignment of the pipeline, and recommendations regarding corrosion protection. 5-12 PRETREATMENT REQUIREMENTS: Industrial and commercial wastewater discharges to the sanitary sewer system are regulated through the Industrial Pretreatment Program, which was established by Title 9, Chapter 2 of the Meridian City Code. The Pretreatment Program consists of permitting, inspecting, monitoring, and sampling of all applicable industries and businesses to ensure compliance with applicable local, state and federal requirements. Any industrial or commercial business that discharges or plans to discharge process wastewater to the City of Meridian City sewer system must meet specific discharge standards as determined by the Pretreatment Program. A. Grease Interceptors – Grease interceptors conforming to Standard Drawing 7182015 shall be installed to all grease-bearing wastewater discharge lines leading from sinks, drains and other fixtures or equipment in Food Service Establishments (FSE) that perform cooking operations from establishments including, but not limited to, those listed below:  Restaurant, cafe, lunch counter, cafeteria  Bar or club  Hotel/Motel  Hospital, retirement home, sanitarium  Factory or school kitchen The City of Meridian, as the local authority, has determined the minimum capacity size for grease interceptors is 1500 gallons, with double chambers and installed underground. Interceptors shall also meet the following requirements:  Interceptor shall be located outside of building in a location accessible to waste hauler service provider.  Install interceptor per manufacturer’s specifications. Page | 37  Application of an interior protection coating to decrease grease vault interior material decomposition.  All waste shall enter through inlet pipe only.  The primary and secondary chamber outlet & inlet pipes shall have tee connections with open pipe tops to allow visual inspections of influent and effluent (wastewater) by City inspectors.  Tee pipe length shall be 12-14 inches from the tank bottom, center baffle cross over tee pipe is usually recommended as per grease interceptor manufacturer’s design.  Chamber lids shall prevent odors with a built-in handle or notched side to insert a tool to allow easy access for lid removal. Temporary sealant type material is only allowed in lid holes to eliminate odors, bolts to secure lids are recommended to ensure an air-tight seal.  All surface water shall drain away from manholes.  Each business establishment for which a grease interceptor is required shall have an interceptor which shall serve only that establishment. Interceptors shall be considered part of the building plumbing, therefore part of the upper sewer service line, subject to maintenance by the Owner. B. Oil/Sand Interceptors – An Oil/Sand Interceptor conforming to Standard Drawing 7182014 shall be installed for any type of business having the potential of producing oil and sand or grit waste, including but not limited to those listed below:  Auto Body Repair Shop  Auto Repair Shop  Car Wash  Commercial Laundry/Laundromat  Outdoor vehicle wash pads (pad shall be designed to not allow storm water from surrounding area to enter system) The City of Meridian as the local authority, has determined the minimum capacity size for Oil/Sediment interceptors is 1500 gallons, with double chambers and installed underground. Interceptors shall also meet the following requirements:  Interceptor shall be located outside of building in a location accessible to waste hauler service provider.  Interceptor must be installed per manufacturer’s specifications.  All waste shall enter through inlet pipe only. Page | 38  The primary and secondary chamber outlet & inlet pipes shall have tee connections with open pipe tops to allow visual inspections of influent and effluent (wastewater) by City Inspectors.  Tee pipe length shall be a minimum of 12-14 inches from the tank bottom; center baffle cross over tee pipe is usually recommended as per grease interceptor manufacturer’s design. Field adjustment of pipe lengths may be allowed as determined by a City Pretreatment Inspector.  Chamber lids shall prevent odors with a built-in handle or notched side to insert a tool to allow easy access for lid removal. Temporary sealant type material is only allowed in lid holes to eliminate odors, bolts to secure lids are recommended to ensure an air tight seal.  All surface water shall drain away from manholes.  Each business establishment for which an Oil/Sand Interceptor is required shall have an interceptor which shall serve only that establishment. Interceptors shall be considered part of the building plumbing, therefore part of the upper sewer service line, subject to maintenance by the Owner. C. Other Requirements by Facility Type - The following are examples of some industrial/commercial facilities regulated by the Industrial Pretreatment Program per the Pretreatment Standards as identified in Meridian City Code Title 9, Chapter 2 Sewer Pretreatment:  Dental Offices - Silver recovery system for x-ray wastewater. Mercury amalgam separator is recommended.  Car Washes - No solvent discharges allowed.  Dry Cleaning Shops - Still bottom water evaporator for solvent recovery. No discharge of perchloroethylene allowed.  Film processing and Photo Development Labs– Silver recovery system.  Commercial Laundry/Laundromats – Solvent recapture and high temperature mitigation.  Machine Shops – Recapture of metalworking fluids and solvents as no discharges allowed.  Radiator Repair Shops – Closed-loop process cleaning system with sealed holding tank. Zero Discharge Permit is required with disposal service identified. D. Approved Exception to the In-Ground Grease Interceptor – In certain cases as determined by the City of Meridian’s Pretreatment Program, a suitable portable unit may be approved on a very limited basis with specific requirements. An Electro-Mechanical Unit or Automatic Grease Interceptor (AGI) may be installed to the facilities’ clean up sink. This Page | 39 unit shall be of the type designed to mechanically remove fats, oils and grease (FOG) automatically. Unit shall have a timer device to activate contained grease discharge in a separate container for proper disposal. Passive grease traps are not allowed in a new or remodeled construction activity. E. At the discretion of the Publicly Owned Treatment Works’ (as defined in MCC 9-2-1-4) superintendent or designee; enter into a written agreement or permit with the City of Meridian establishing comparable best management practices MCC Title 9, Chapter 2 Sewer Pretreatment 9-2-2- 1 D 2. -END OF SECTION- Page | 40 SECTION 6 STREET LIGHTING 6-1 SECTION SUMMARY: This section contains guidance and requirements for street lights and the development of street light plans. Guideline drawings are included at the end of the section. Please refer to the drawings as well as the section standards when designing development street lighting. 6-2 APPLICABLE STANDARDS: The requirements listed below shall apply to the design of street lighting. Conflicts between these requirements shall be resolved on a case-by-case basis.  All applicable standards as listed in Section 2-2  ANSI/IES RP-8-14 Roadway Lighting  AASHTO Roadway Lighting Design Guide 6-3 STREET LIGHTS REQUIRED: Street lights will be required for all developments within the urban area, along all streets and pathways offered for dedication, including existing streets bordering the development unless exempted by Section 6-4 below. In addition, street lights may be required for lots and parcels containing existing structures which are being improved or altered, depending on the nature and extent of the work. Illustrations of street lights generally required are shown on Design Standards Drawing 6A. 6-4 STREET LIGHTS NOT REQUIRED: Street lights will not be required under the following circumstances: A. For planned developments, residential, commercial, and industrial developments where internal streets are not offered for dedication, a street lighting system will not be required for the internal non-dedicated streets, but shall be provided by the developer on external public street frontage. B. In areas where site conditions preclude the installation of street lights adjacent to the development, the owner or developer will be required to deposit monies sufficient to design, install, and inspect street lights under the direction of the Meridian Public Works Department. These lights will be installed when site conditions adjacent to the development become more favorable or in alternate locations in the general vicinity of the development. Page | 41 6-5 DEVELOPER’S RESPONSIBILITY: Existing street lights which must be relocated or repositioned as a result of the construction of new streets or driveways into a development are the responsibility of the developer to relocate. Any new services, including those with a step-down transformer, which are required as a result of the modification of an existing utility service pedestal, are the responsibility of the developer. The developer is responsible to ensure that power remains to the existing street light system until the new street light system to replace it is complete and functioning correctly. The developer is responsible for all costs associated with creating a fully functional lighting system. The developer, or his legally authorized representative, is responsible for providing as-built record drawings of the street light installation as described in Section 1102 Part 1 of the Supplemental Specifications. 6-6 CERTIFICATES OF OCCUPANCY: Lack of a functional street lighting system at the time certificates of occupancy are requested shall be grounds for denial of such certificates.  A finalized electrical permit, issued through the City of Meridian Building Division for street light system work, is required before the City will assume energy costs and authorize Idaho Power to energize the street light system. 6-7 PLAN DETAILS: Plans shall show and identify all street lights to be installed, all existing lights in the project vicinity and all applicable provisions and details specified in these standards. The street lighting plan should be included in the overall development plan set and shall be a stand-alone plan containing the following information:  A vicinity map or equivalent  Utility poles and public easements  Names of adjacent subdivisions  Names of streets  Block and lot numbers if available Page | 42  Intersecting property lines of adjacent properties  A “Symbols” legend conforming to Design Standards Drawing 6A  A North arrow and appropriate scale (1”=10’ to 1”=100’)  All existing street lights on both sides of any streets  Street Lighting Standard Notes located on the City’s website – Land Development Services section; Standard Notes for Development Projects 6-8 DESIGN REQUIREMENTS: Street lighting shall be designed in conformance with these standards and the current editions of the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Average maintained illuminance or luminance levels, uniformity, and veiling luminance ratios shall be designed to meet the levels specified in the ANSI/IES RP-8-14 or the AASHTO Roadway Lighting Design Guide. Data and calculations verifying compliance of the above requirements shall be submitted for review, or the Design Standards included herein shall apply. Avoid excessive light trespass into neighboring residences. Utilize IES Type II distribution patterns and/or house-side shields where light trespass could be an issue. Coordinate street light locations on design plans to avoid conflicts with tree locations identified in the landscaping plans. 6-9 STREET LIGHT DESIGN DETAILS: Design details for street lights are as follows: A. Intersections – Intersections shall have at least one street light; this includes large commercial driveways. Intersection street light locations and the number required shall conform to Design Standards Drawings 6D, 6E, and 6F. B. Cul-de-sacs – All cul-de-sacs shall have a street light within the ‘bulb,’ as shown in Design Standards Drawing 6E. C. Micropaths & Multi-use Pathways – Street lights shall be placed at both ends of micropaths and multiuse pathways. Bollard type lighting may be required along the length of the pathway per UDC 11-3A-8. In the case of properties abutting State Highway 55 (Eagle Rd), decorative pathway lighting may be required per UDC 11-3H-4C3. D. Spacing – Maximum street light spacing shall be measured along roadway centerline and shall conform to Design Standards Drawing 6C. Maximum spacing for downtown historical poles shall be 80 feet. Page | 43 E. Street Light Poles – All Type 1 street light poles shall be round steel powder-coated black per the Supplemental Specifications, and conform to Supplemental Specifications Drawing T1 unless otherwise directed by the City of Meridian Transportation & Utility Coordinator. A davit pole may be approved by the City Engineer in place of Type 1 poles in instances of overhead utility line conflicts. All Type 2 street light poles shall be square steel with bronze polyester coating and conform to the Supplemental Specifications. Historical poles shall be used in the Downtown Meridian Redevelopment area and shall conform to the Supplemental Specifications. The position of street light pole bases shall conform to the Supplemental Specifications. Poles located along State Highways, within the clear zone, shall have breakaway bolts. F. Luminaires – Luminaires shall be LED fixtures that are on the approved fixture list (see Design Standards Drawing 6C, note 2), or have been pre- approved in writing by the City’s Transportation and Utility Coordinator. G. Service – All street light systems shall have underground electrical services provided. Service voltage shall be 120 or 240 volts only.  The City Engineer or authorized representative may approve overhead service in unusual areas when justification is given why service cannot be provided underground. H. Metering – All lights on arterial and collector roads (except those fully contained within a subdivision) shall be metered per Idaho Power requirements. The meters shall be contained in a service pedestal conforming to Division 1100, section 1102 of the Supplemental Specifications. Where a metered system is required, new developments shall install conduit with one No. 10 stranded pullwire from the last light on each end of the system to the adjacent property line on a stubbed street, where the adjacent property has no existing street light system. This will allow for the continuation of the street lights when the adjacent property is developed. I. Installation of Non-Standard Street Lights – 1. Where standard Type 2 lights are required, the City may approve the use of non-standard street lights (e.g. decorative street lights Page | 44 not specified in the City Standards) with a written agreement between the City and Developer, releasing the City from maintenance responsibility. The City will accept responsibility for the energy cost of these street lights. A sample agreement can be obtained from the Public Works Department. 2. When the use of non-standard street lights is approved by the City, the developer shall be required to submit design calculations for the pole spacing including photometric calculations and plots showing the design meets the minimum light levels and other criteria of these Design Standards. The City reserves the right to deny use of specific light pole models. 6-10 LAYOUT DESIGN PROCEDURE: The purpose of the layout process is to establish an overall uniform street light system meeting minimum requirements. The design procedure for the street light layout is as follows: A. Identify the nearest control points (intersections, 90 degree bends in streets, large driveways, existing street lights) in each direction of travel from the street light locations being planned. Determine the location of the street lights at the control points in conformance with Section 6-9 above. B. Identify any existing street lights situated between the intersections. C. Determine the distance between control points on either end of the design area. D. Divide the distance into equal spaces between lights not to exceed the maximum spacing requirements specified in Section 6-9 above. E. Compare the light locations to intersecting property lines, driveways, micropaths/pathways, and other obstructions as follows: 1. If the location falls close to a property line and it can be adjusted to the property line within the maximum spacing allowed, then the adjustment should be made. 2. Generally, street lights should be situated at lot corners for residential lots and parcels with minimal frontage (75 feet or less). The light spacing may have to be unbalanced, with additional lights being added, to attain this and still comply with the maximum spacing allowed. Page | 45 3. Street light locations shall be adjusted to miss driveways, existing utility poles, trees, and other obstructions by the clearances shown in Supplemental Specifications drawing T8. F. Where street light pole installations cannot be reasonably accommodated due to existing utility-owned poles with overhead electric power lines, the serving utility company should be contacted to determine if street lights can be installed on the existing poles. G. On all streets except for collectors with metered lights, lights should be staggered on either side of the road to create better uniformity (i.e. lights on one side of the road should be located approximately halfway between lights on the opposite side). In some cases the layout may need to be one- sided due to utility conflicts. If a single sided layout is required, it will be communicated to the designer during the pre-plat or Certificate of Zoning Compliance application process. H. The layout for collector streets with metered lights should be one-sided to reduce the amount of conduit, wire and service pedestals required. Street Light Drawings – Next 6 Pages Page | 46 Page | 47 Page | 48 Page | 49 Page | 50 Page | 51 -END OF SECTION- Page | 52 SECTION 7 GRADING AND DRAINAGE 7-1 SECTION SUMMARY: This section contains general, technical, and submittal requirements for the design of grading and drainage for a development project. 7-2 APPLICABLE STANDARDS: The requirements listed below shall apply to the design of grading and drainage. Conflicts between these requirements shall be resolved on a case-by-case basis.  All applicable standards as listed in Section 2-2  Current Construction Storm Water Management Program (CSWMP) Manual for City of Meridian Construction Projects  Policy Manual, Sections 8000, 8200, 8300; Ada County Highway District (ACHD) (Current Edition)  Catalog of Storm Water Best Management Practices for Idaho Cities and Counties, Idaho Department of Environmental Quality (IDEQ) (Current Edition)  National Pollutant Discharge Elimination System General Permit for Discharges from Construction Activities (CGP) , Environmental Protection Agency (Current Edition)  Meridian City Code (MCC), Title 11 - “Unified Development Code” (UDC), Chapter 3 7-3 GENERAL REQUIREMENTS: The following sub-sections identify the general requirements for grading and drainage standards. These provisions do not apply to an individual single family home construction site/lot. Additionally, all projects impacting the Right-Of-Way (ROW) shall obtain approvals from all necessary agencies including, but not limited to, the Ada County Highway District (ACHD) and the Idaho Transportation Department (ITD) as required by those agencies governing the ROW. A. Grading Requirements - Site grading shall not create or contribute to flooding, erosion, increased turbidity, siltation, or other forms of pollution in a water course. When filling, excavating, dredging, or moving earth material alters the existing grade of a site the owner/developer shall protect adjoining properties during and after construction. The tops and toes of graded slopes shall be set back from project boundaries and structures as required by generally accepted best practices in order to Page | 53 ensure safety, provide adequate foundation support, and prevent damage resulting from water runoff or erosion. For individual lot grading within a development refer to the most currently adopted International Residential Code, International Building Code and any COM Local Amendments. B. Drainage Requirements, General - Per Section 11-3A-18 of the Unified Development Code (UDC), all developments are required to build adequate drainage facilities. 1. The City of Meridian reviews grading and drainage plans and related improvements for all development projects which include, but are not limited to, commercial and industrial development, parking lot construction or expansion, private road construction, and additions to existing development that may affect the generation or disposal of storm water. Off-street parking and private roads or accesses associated with multi-family residential projects are also subject to the requirements of this section. 2. The City does not exercise authority over the design, installation, operation, or maintenance of storm water conveyance, storage, or disposal systems serving public right-of-way. C. Offsite Discharges - It is the Design Professional’s responsibility to obtain approvals from any applicable agency for discharges of storm water off-site. Conditions of approval contained in a project’s Conditional Use Permit, Development Agreement, or other documents approved by the City Council may preclude off-site discharges regardless of other agency approvals. 7-4 SUBMITTAL REQUIREMENTS: A. Grading & Drainage Plans – In addition to the requirements of section 3 of this manual, the grading and drainage plan must include, at a minimum, finished pad elevations; finished grade flow direction arrows; location, type, and size of conveyance systems; disposal facilities; and erosion and sediment control Best Management Practices (BMP) design and details. Existing and proposed water, sewer, and irrigation improvements must also be shown on these plans. Grading and drainage plans must be stamped by a Professional Engineer or Landscape Architect licensed in the State of Idaho. Unstamped, unsigned plans will not be accepted or reviewed. B. Drainage Calculations - Drainage calculations must be submitted with Page | 54 the grading and drainage plan that show the tributary area, design storm return frequency and duration, runoff volume, peak discharge, storage volumes, peak outflows and any other necessary calculations. These plans must be stamped by a Professional Engineer or Landscape Architect licensed in the State of Idaho. Unstamped, unsigned calculations will not be accepted or reviewed. Drainage calculations shall conform to the latest revision of Sections 8000 and 8200 of the ACHD Policy Manual. Submit the calculations in a professional and legible manner. The calculations must list the project title, the project address, date of last revision, and sheet number. C. Other Required Documents – If the storm drain system for the proposed development includes discharging storm water to facilities owned by drainage districts, irrigation districts, adjacent developments, or property not a part of the proposed development, a fully executed permit or agreement to discharge offsite must be submitted to the City prior to plan approval. This does not apply to systems owned or operated by ACHD as ACHD would be the approving authority. The designer shall provide a copy of a soils or geotechnical report indicating existing seasonal high ground water elevations, soil classifications and percolation rates. The report shall be prepared by a geotechnical engineer, hydrogeologist, or professional engineer licensed in the State of Idaho. 7-5 TECHNICAL REQUIREMENTS: A. General - All storm water generated on development projects shall be retained and disposed of within the development site. Storm water shall not be discharged to adjacent properties or public right(s)-of-way. In some cases storm water may be discharged to an existing drainage way or drainage structure if written approval of the discharge is given by the agency having jurisdiction over the drainage way. Written approval must be provided to the City of Meridian. All storm water improvements and BMPs shall conform to the latest revision of the Catalog of Storm Water Best Management Practices for Idaho Cities and Counties, or approved equivalent. B. Materials - Unless otherwise specifically approved, all materials used in the construction of storm water conveyance, storage, or disposal improvements shall be as specified in the most current edition of the ISPWC and City Supplemental Specifications. C. Landscaping - The City encourages integration of storm water management with landscaping. While landscaping requirements cannot be Page | 55 altered to accommodate certain storm water management techniques, innovative and alternative site planning which integrates both aspects will be evaluated on a case-by-case basis. D. Storm Water Management Integration - The Design Professional shall utilize storm water integration as provided in UDC section 11-3B-11 where appropriate when designing landscaping requirements of projects. 7-6 STATEMENT OF COMPLIANCE: The design engineer, architect, or landscape architect must submit a letter of compliance to the City of Meridian Public Works Department indicating that the project has been built in accordance with the submitted design plans and meets these minimum standards, prior to requesting a certificate of occupancy for any building or final acceptance of any development project. -END OF SECTION- Page | 56 SECTION 8 PRESSURE AND GRAVITY IRRIGATION 8-1 SECTION SUMMARY: This section contains guidance and requirements for the following: pressure irrigation plan sheets, pressure irrigation system design & sources, gravity irrigation, and regulatory permitting 8-2 APPLICABLE STANDARDS: The requirements listed below shall apply to the design of pressure and gravity irrigation systems. Conflicts between these requirements shall be resolved on a case-by-case basis.  All applicable standards as listed in Section 2-2  Meridian City Code (MCC) - Title 9, Chapter 1 “Water Use and Service” and Chapter 3 “Cross-Connection Control”  Meridian City Code (MCC) - Title 11 “Unified Development Code” (UDC), Chapter 3 8-3 GENERAL REQUIREMENTS FOR PRESSURE IRRIGATION: All development plans shall include a plan sheet depicting the pressure irrigation (PI) system layout and design. Pressure irrigation systems will meet the requirements of MCC 9-1-28. Along with the layout sheet, the following materials must be submitted:  If connecting to an existing system, a letter of approval from the entity that owns the system (Homeowner’s Association or Irrigation District)  Statement explaining who will own the new system The City has adopted the standard specifications and drawings prepared by the applicable Irrigation District that the system will be built in. At a minimum, these requirements must be adhered to whether or not the system is to be maintained and operated by that Irrigation District. A letter from the Design Professional will be required stating that the system operates and is constructed according to the approved plan. Each independent HOA within a development is encouraged to have their own single point connection and isolation valves for backup (shoulder season) irrigation. This will allow each HOA to decide if they will or will not activate the backup connection when surface water is unavailable. Page | 57 8-4 PRESSURE IRRIGATION SYSTEM DESIGN A. Main Location - 1. Pressure irrigation mains should be designed in the proper corridors along south and west property lines. Mains shall be designed within the standard rear and side lot line utility easements or common lots. Mains shall not be designed along the front lot lines unless approved by the City Engineer and the owner/operator of the irrigation system. 2. All pressure irrigation main crossings of public rights-of-way, private roads, access roadways/driveways shall be sleeved (C-900) and have valves located no further than 10 feet outside of the right- of-way or road/driveway. B. Meters and Backflow for Municipal Connections - 1. Water meters for municipal water single point (shoulder season) connections to the pressure irrigation system shall be located in common areas only. Meter location, size, and meter setter size shall be specified on the plans and designed per City of Meridian Supplemental Specifications. When a common area is not available the location shall be resolved by a case-by-case basis. 2. Cross-connections of individual lots in a subdivision between pressure irrigation and municipal water are not allowed. If a year- round source of water is not provided for the PI system, the developer must provide a backup water source for periods not during the normal irrigation season (approximately April 15 to October 15). 3. If the developer proposes to install a single point (shoulder season) connection to the City of Meridian domestic water system, an approved backflow prevention device must be installed and shall be noted on the plans. A note shall be added to the plans stating that the reduced pressure backflow assembly must be approved by the State of Idaho, Department of Water Quality and the Water Division of the City of Meridian Public Works Department. Single points of connection may be provided for each separate system, subdivision, phase, or as appropriate for hydraulic performance and administration. 8-5 PRESSURE IRRIGATION SYSTEM SOURCES Page | 58 1. All pressure irrigation systems for commercial projects shall utilize recycled water as the primary source, if available. If recycled water is not available, then surface water shall be utilized. All systems must have a year-round source. If City municipal water is utilized for a year-round / backup source, a single point connection between the municipal system and pressure irrigation system is required. For design of this connection, see the City of Meridian Supplemental Specifications. 2. Pressure irrigation plans shall show the intended point of delivery for surface water and point of connection to municipal water or irrigation well. Irrigable square footage shall be included for assessments. 3. If pressure irrigation system causes changes to a gravity irrigation system that will affect downstream users, the developer is obligated to follow Title 42, Chapter 1 of Idaho State Code – 42-109. 8-6 GRAVITY IRRIGATION 1. All open gravity irrigation ditches shall be tiled, per MCC Title 11 (UDC). 2. Pipe diameter, length, slope and cleanout boxes/manholes shall be noted on the plans. Spacing of boxes/manholes shall not exceed 400 feet with a minimum inside dimension of 4 feet by 4 feet. Irrigation box dimensions may be smaller if less than 2 feet deep. Spacing of boxes/manholes may exceed 400 feet if entity responsible for maintenance can verify they are capable of cleaning irrigation lines longer than 400 feet. 3. Any modifications to existing gravity irrigation systems require the applicable irrigation district’s approval of the design. It is the developer’s responsibility to get the irrigation district’s approval for modifications made to an existing irrigation facility owned and operated by an irrigation district. Written approval from the irrigation district must be provided to the City of Meridian. 4. If downstream users will be affected by changes to a gravity irrigation system, the developer is obligated by State Code Title 42, Chapter 1, Article 42-109 to ensure all downstream users receive their share of water at pre-development times and quantities. 8-7 REGULATORY PERMITTING 1. It shall be the responsibility of the Developer to obtain compliance with any Section 404 permitting that may be required by the Army Corps of Engineers. Page | 59 2. It shall be the responsibility of the Developer to obtain compliance with any National Pollution Discharge Elimination System (NPDES) permitting that may be required by the Environmental Protection Agency (EPA). 8-8 OPERATIONS AND MAINTENANCE MANUAL REQUIREMENTS A complete and thorough operations and maintenance manual should be developed for the irrigation system and turned over to the HOA when the development has been completed. -END OF SECTION- Page | 60 SECTION 9 CLASS A RECYCLED WATER SYSTEM 9-1 SECTION SUMMARY: This section contains guidance and requirements for the following: recycled water use agreements, recycled water supply, recycled water main design, recycled water system appurtenances, the use of booster pumps, backflow preventers and irrigation and drainage crossings for Class A recycled water systems (as defined in IDAPA 58.01.16). 9-2 APPLICABLE STANDARDS:. The requirements listed below shall apply to the design of Class A recycled water systems. Conflicts between these requirements shall be resolved on a case-by-case basis.  All applicable standards as listed in Section 2-2  IDAPA 58.01.16, “Wastewater Rules”  Guidance for Reclamation and Reuse of Municipal and Industrial Wastewater (IDEQ)  Current Meridian Recycled Water Master Plan Update  Current Meridian Reuse Permit (from DEQ)  Meridian City Code (MCC) - Title 9, Chapter 3 “Cross-Connection Control” 9-3 GENERAL REQUIREMENTS: The design of recycled water facilities that will be owned and operated by the City of Meridian, including the preparation of Contract Documents, shall be conducted under the direction of a professional engineer registered in the State of Idaho. The design of recycled water irrigation facilities to be privately owned and the preparation of Contract Documents shall be done under the direction of a professional landscape architect, civil engineer, or mechanical engineer registered in the State of Idaho. The recycled water system, including both publicly and privately owned facilities, shall be separate and independent of any potable water system. 9-4 USE AGREEMENT REQUIRED: Customers must submit a completed Recycled Water Use Agreement (“RWUA”) to the City and be issued an executed copy before the City will initiate recycled water service. Connections to the recycled water system can only be made after applying for and obtaining a RWUA from the City’s Land Development Services Division. The Agreement shall be issued on a case-by-case basis in accordance with the terms of the City Reuse Permit. Page | 61 9-5 RECYCLED WATER SUPPLY PRESSURE: Recycled water systems must adhere to the following conditions: A. The Design Professional should contact the Public Works Engineering Division to determine the service pressure available. The Design Professional then designs for the available pressure. Typical recycled water service pressure is between 40 and 80 pounds per square inch (psi). B. If adequate recycled water service pressure is not available, the Design Professional should contact the City to discuss contributing to a recycled water booster system upgrade. If the recycled water service pressure is above 80 psi, the user is responsible for providing a pressure regulator downstream of the meter to obtain the correct pressure. C. Where dual connections to the City potable water system are approved, the operating pressure for recycled water systems shall be 5-10 psi less than operating pressure in potable water systems at the point of connection. 9-6 RECYCLED WATER DEMAND: For the design of recycled water distribution systems serving commercial areas, water demand shall be determined on a case-by-case basis. 9-7 RECYCLED WATER MAIN DESIGN: Design requirements for a recycled water main layout, size and location shall conform to the latest Meridian Recycled Water Master Plan Update, and Engineering Division water modeling requirements. A. Recycled water mains owned and operated by the City of Meridian shall be eight (8) inches inside diameter minimum. B. Contribution toward the upgrade of distribution mains or pumping facilities may be required in order to meet system demands. C. A force main alignment that is straight between valves is preferred. However, pipe joint deflection not to exceed ½ of the Pipe Manufacturer’s allowable deflection is allowed, but verification of the deflection angle by the contractor is required. D. Recycled water mains shall be shown in the plan view and must identify pipe size, location of valves, air release/vacuum valves, blow-offs, potable Page | 62 water lines, services, and all other public or private appurtenances including easements. Recycled water mains shall be shown in the profile view where potential conflicts with other utilities exist. E. Recycled water mains shall be installed within public rights-of-way and/or dedicated City easements (see Section 2-15). F. Recycled water mains shall maintain a minimum clearance from all other utilities of at least 12 inches vertical and 4 feet horizontal, except potable and non-potable water pipelines which shall maintain minimum separation recommendations as set forth by the Idaho Rules for Public Drinking Water Systems. G. Recycled water mains shall be located where approved by the Ada County Highway District, with approved variances from other utilities until a corridor has been approved and accepted by the Utility Coordinating Council (UCC). Whenever possible, appurtenances should be located to avoid vehicle wheel paths. H. Minimum cover over recycled water lines under section-line and mid- section line roadways that have not been fully developed, or in unpaved areas, shall be five (5) feet from top of pipe to finished grade. In all other areas, minimum cover shall be four (4) feet from top of pipe to finished grade. Recycled water main depths of greater than six (6) feet shall be approved by the Engineering Division on a case-by-case basis. Where deeper mains are approved, valve stem risers will be provided. I. Service connections to recycled transmission mains shall not be allowed unless specifically approved by the City Engineer. J. Dead-end recycled water mains that are not to be extended in the future will be terminated with a blow-off assembly and appropriate fittings. Temporary dead ends (such as at subdivision phase lines) shall have a blow-off assembly per City Specifications. Blow-offs shall be located in a manner that enables easy access and maintenance including proper easements. Recycled water mains in commercial properties should be designed to connect to neighboring properties to complete current or future loops or grids. Cul-de-sacs should be connected by recycled water mains through easements whenever possible. 9-8 RECYCLED WATER SYSTEM APPURTENANCES: Recycled water system appurtenances discussed herein include valves, blow-off assemblies, recycled water service lines, meter setters, meter boxes, meter pits, recycled water meters, backflow prevention devices, and booster pumps. Other Page | 63 appurtenances may include air relief valves, pressure relief valves, and bypass meters. A. Gate Valves and Blow-off Assemblies - 1. A minimum of 2 valves shall be provided at T fittings, and 3 valves at cross fittings. Exceptions to this rule may be allowed when hot tapping active water mains is required, per the discretion of the City Engineer. 2. Size-on-size hot taps are not allowed unless approved by the City Engineer. 3. In commercial areas, valve spacing should not exceed 500 feet. 4. In residential areas, valve spacing should not exceed 800 feet. 5. In areas without customer connections, valve spacing shall not exceed ¼ mile. 6. Existing valves (and blow-off assemblies when applicable) that are no longer needed shall be abandoned by removal and installation of a blind flange or plug, as appropriate. B. Recycled Water Service Lines and Services - 1. Recycled water services shall be clearly called out by standard detail and size on plan sheets. 2. Recycled water service lines from the recycled water distribution main to the property shall be installed at the time the main is constructed within platted and recorded developments whenever possible. 3. Standard size of a recycled water service line shall be one (1) inch. Developments with higher recycled water demand shall be provided with larger service lines as determined by the Consulting Engineer and subject to approval by Development Services. 4. Separate recycled water services are required for commercial sites that include non-consumptive water uses that return water to the sewer system. This is necessary to facilitate correct sewer billing. 5. Services shall be aligned along the shortest distance between the water main and the meter connection and per specifications- generally at right angles to the recycled water main. If Page | 64 developments are re-platted, existing services may need to be abandoned to meet this requirement. 6. Whenever possible, recycled water services shall not be placed in problematic areas such as high traffic areas, and within 5 feet of building foundations. 7. Whenever possible, recycled water service lines shall not pass through underground storm water filtration beds or under drainage swales. 8. Any unused recycled water services or stubs must be abandoned at the recycled water mains by removing the corporation stop and inserting a red brass plug into the tapping saddle. C. Recycled Water Meters – Recycled water meters shall be installed on all recycled water services according to City Code requirements. Meters will be installed by the Water Division of Public Works after building permits are issued and fees are paid, not when recycled water service lines are installed. Installation of recycled water meters by anyone other than the Meridian Water Division is prohibited. The installation of meter pits and appurtenances is the responsibility of the contractor. 1. Recycled water meters over 1 inch shall match the size of service lines needed. D. Backflow Prevention: A backflow preventer will be required on any single point connections between recycled water and any other water source. 1. Refer to IDEQ requirements, City of Meridian Supplemental Specifications and ISPWC for backflow prevention assembly specifications and requirements. E. Booster Pumps - Customers that provide booster pumps to increase the operating pressure must identify the pumping systems as recycled water, avoid the release of recycled water in an uncontrolled manner, and provide proper drainage of the packing seal water. At least one sign in English and Spanish must be posted on the booster pump premises. The signage must be readily seen by all operations personnel that are in the working area. The Public Works Department will require a backflow prevention assembly to protect the recycled water distribution system from potential back pressure that may be caused by using booster pumps. Page | 65 Any potable water used as seal water for recycled water pump seals must be adequately protected against backflow. 9-9 RECYCLED WATER CUSTOMER REQUIREMENTS: A recycled water customer must comply with applicable federal, state and local regulations regarding the use of recycled water. A. The following guidelines for using recycled water must be adhered to:  Commercial recycled water users shall designate an on-site contact responsible for compliance with regulations regarding the use of recycled water.  The City may assign a specific recycled water usage schedule for the customer to adhere to.  The recycled water customer shall obtain prior approval from the City and IDEQ for proposed changes or modifications to recycled water facilities per the RWUA.  Signage indicating the use of recycled water shall be required and shall comply with applicable federal, state and local regulations and the City of Meridian’s Supplemental Specifications. -END OF SECTION- Page | 66 SECTION 10 STREETSCAPES 10-1 SECTION SUMMARY: This section contains guidance and requirements for the following: streetscape site plan drawings, standards, and design. 10-2 APPLICABLE STANDARDS: The requirements listed below shall apply to design of any streetscapes. Conflicts between the requirements of these streetscape improvement standards shall be resolved on a case-by-case basis.  All applicable standards as listed in Section 2-2  Meridian City Code (MCC) - Title 8, Chapter 1 “City Core Streetscape”  Meridian City Code (MCC) - Title 11 “Unified Development Code” (UDC), Chapter 3  Downtown Meridian City Core Street Cross-section Master Plan  Current Meridian Parks and Recreation Department Specifications  American Association of Nurserymen Standards 10-3 REQUIREMENTS FOR STREETS WITHIN PUBLIC RIGHTS-OF-WAY: The requirements of this section pertain to streetscape elements for which the City has authority. Geometric and pavement design of public roadways are governed and approved by the agency responsible for that specific right-of-way, either the Ada County Highway District (ACHD) or the Idaho Transportation Department (ITD). 10-4 FEDERAL AND STATE HIGHWAYS: For development along interstate and state highways (including, but not limited to, State Highway 69, State Highway 55, State Highway 20-26, and Interstate 84), see UDC section 11-3-H. 10-5 ADA COUNTY ROADWAYS EXCLUDING THE CITY CORE: For development along roadways maintained by the Ada County Highway District outside the City Core, see UDC 11-6-C. See Drawing 10-A (attached) for a map of the City Core. 10-6 CITY CORE STREETSCAPES: Within the City Core (see Drawing 10-A), the City of Meridian has specific standards and requirements for development and maintenance of streetscape Page | 67 improvements. When required, streetscape improvements along all public roadways within the City Core shall comply with the following standards: A. Plan Requirements - The City requires site plan drawings for any proposed improvements. 1. Requirements of Site Plans: The following shall be required on the plan:  A vicinity map or equivalent  Demarcation of property lines and Ada County Highway District right-of-way  Location of existing improvements including those adjacent to neighboring properties, called out with descriptions  Location of existing utilities and utility services  All proposed paving, tree grates, trees, street furnishings, and other improvements  A north arrow and standard architectural or engineering scale  A legend indicating any symbols used in plans  Indicate adherence with any spacing requirements, existing spacing plans, or streetscape improvement relocation requirements 2. Requirements for Spacing Plans: A spacing plan for the street extending to the block limits shall be required for installation of street trees and street lights when a spacing plan does not already exist on file with the City. The following shall be required on the spacing plan:  Demarcation of property lines and Ada County Highway District right-of-way for the full street length  Location of existing streetscape improvements and impediments for the full street length  Adherence with Design of Layout requirements for street lights and street trees along full street length (see section 10-6-D of this document)  A north arrow and standard architectural or engineering scale  A legend indicating any symbols used in plans B. Design Standards - Streetscape elements shall be designed by an architect, landscape architect, or civil engineer in conformance with these standards and ISPWC Standard Specifications. Page | 68 1. Streetscape Requirements: Streetscape improvements shall, at a minimum, be installed in the immediate frontage of the subject property. 2. Surface Material and Treatment: Standard finished surface materials are required as set by each zone of the streetscape, as defined in MCC 8-1-1. A. Street Furnishing Zone – Concrete unit pavers, per Meridian Parks and Recreation Department Specifications, shall be the finished surface material within the Street Furnishing Zone. B. Clear Zone – Concrete sidewalks shall be the finished surface material within the Clear Zone. C. Use Zone – Enhanced concrete paving shall be the finished surface material within the Use Zone. Enhanced concrete paving shall be scored or colored to distinguish it from the Clear Zone. 3. Street Furnishings: All street furnishings shall conform to MCC 8- 1. Street lights shall conform to Section 6 of this document. Benches, trash receptacles, bicycle racks, and other approved furnishings shall conform to Meridian Parks and Recreation Department Specifications. Improvements such as lights, tree grates, newsstands, and planters are required to be spaced four feet (4’) or more from other streetscape improvements. Newsstands may be placed adjacent to other newsstands, provided they are a minimum of four feet (4’) from other streetscape improvements. 4. Street Trees: Class III trees shall be placed in tree grates at approximately 32’ spacing. Trees shall be placed to avoid conflicts with alleys and street lights. Where Class III trees may conflict with overhead power lines, tree selection shall be approved by the City Arborist. There shall be a minimum of 6 trees per block where possible. Trees shall be installed per the Meridian Parks and Recreation Department Specifications. 5. Tree grates: Tree grates shall conform to the Meridian Parks and Recreation Department Specifications. C. Specific Standards - Within the City Core, streets running north or south and east or west have standards specific to each street direction. Main Street has specific standards which deviate from other north/south roads. Page | 69 Use zones are defined in MCC 8-1. See the Downtown Meridian City Core Street Cross-section Master Plan for the preferred cross sections. 1. East/West Streetscape - A. Dimensions – Minimum distance from face of building to back of curb shall be 18 feet. Minimum furnishing zone shall be 8 feet; minimum clear zone shall be 10 feet without use zone or 5 feet with use zone. Minimum use zone where exists shall be 5 feet. B. Street Trees – Trees shall be allowed from the following selection: Botanical Name Common Name Size Gleditsia tricanthos ‘Imperial’ Imperial Honey Locust (limited use) 3” Cal. B&B Acer platanoides ‘Fairview’ Fairview Maple 3” Cal. B&B Acer platanoides ‘Parkway’ Parkway Maple 3” Cal. B&B Acer platanoides ‘Deborah’ Deborah Maple 3” Cal. B&B Fraxinus pennsylvanica 'Patmore' Patmore Ash 3” Cal. B&B Fraxinus pennsylvanica 'Urbanite' Urbanite Ash 3” Cal. B&B 2. North/South Streetscape (Except Main Street) - A. Dimensions – Minimum distance from face of building to back of curb shall be 13 feet. Minimum furnishing zone shall be 8 feet; minimum clear zone shall be 5 feet. Where right-of-way allows, use zone shall be a minimum of 5 feet. B. Street Trees – Trees shall be allowed from the following selection: Botanical Name Common Name Size Gleditsia tricanthos ‘Imperial’ Imperial Honey Locust (limited use) 3” Cal. B&B Acer platanoides ‘Fairview’ Fairview Maple 3” Cal. B&B Page | 70 Botanical Name Common Name Size Acer platanoides ‘Parkway’ Parkway Maple 3” Cal. B&B Acer platanoides ‘Deborah’ Deborah Maple 3” Cal. B&B Fraxinus pennsylvanica 'Patmore' Patmore Ash 3” Cal. B&B Fraxinus pennsylvanica 'Urbanite' Urbanite Ash 3” Cal. B&B 3. Main Street - A. Dimensions – Minimum distance from face of building to back of curb shall be 13 feet. Minimum furnishing zone shall be 8 feet; minimum clear zone shall be 5 feet. Where right-of-way allows, use zone shall be a minimum of 5 feet. B. Street Trees – Trees shall be allowed from the following selection: Botanical Name Common Name Size Gleditsia tricanthos ‘Imperial’ Imperial Honey Locust 3” Cal. B&B D. Design of Layout – 1. An entire street block shall be analyzed to determine the spacing of street trees and street lights, even if only one part of the total block will be improved as part of the proposed improvements. 2. The control points of each block are the intersection corners, with the distance in between being the total block length. The total block length divided by the required spacing of the improvements will determine the total number of street trees and street lights required. Once the locations of the required improvements for the block have been estimated, then the location of the improvements needed for a particular part of the block can be determined. E. Streetscape Improvement Relocation - The following standards apply when relocating existing streetscape improvements. 1. Existing improvements within the furnishing zone may be adjusted and moved provided that all damage to hardscape and other improvements occurring as a result of relocation is restored concurrently to a like new state. Page | 71 2. Relocated improvements shall comply with all City Improvement Standards and Supplemental Specifications. 3. Any modification to existing street lights shall be consistent with City Standards and applicable spacing plans. 4. Replacement trees shall be installed per City Standards and applicable spacing plans. Drawing 10-A, City Core Map, Next Page Page | 72 Drawing 10-A: City Core Map -END OF SECTION- Page | 73 SECTION 11 LANDSCAPING 11-1 SECTION SUMMARY: This section contains guidance and references for landscaping requirements. 11-2 APPLICABLE STANDARDS: The requirements listed below shall apply to the design of landscaping. Conflicts between these requirements shall be resolved on a case-by-case basis.  Meridian City Code (MCC) - Title 11 “Unified Development Code” (UDC)  Downtown Meridian City Core Street Cross-section Master Plan  American Association of Nurserymen Standards 11-3 GENERAL REQUIREMENTS: Landscaping materials and installation associated with roadways, parking lots, city and private parks, irrigation and storm water facilities, and other similar projects that involve landscaping as required by MCC 11-3B and the Downtown Meridian City Core Street Cross-section Master Plan shall be shown on design plans and constructed in accordance with the requirements provided herein. -END OF SECTION- Page | 74 SECTION 12 WATERWAYS AND FLOODPLAINS 12-1 SECTION SUMMARY: This section contains guidance and requirements for the following: floodplain development and stream protection, including application and plan set provisions. 12-2 APPLICABLE STANDARDS: The requirements listed below shall apply to the design of projects impacting waterways. Conflicts between these requirements shall be resolved on a case-by- case basis.  All applicable standards as listed in Section 2-2  Meridian City Code (MCC) - Title 10, Chapter 6 “Flood Damage Prevention”  Meridian City Code (MCC) - Title 11 “Unified Development Code” (UDC) 12-3 PROJECTS IMPACTING WATERWAYS A. All projects impacting waterways shall be designed to meet the standards of UDC §11-1A-1 - Natural Waterways; §11-3A-6 – Ditches, Laterals, Canals, or Drainage Courses; and/or §11-3A-9 – Natural Features, as applicable. 12-4 DEVELOPMENT WITHIN MERIDIAN FLOODPLAIN OVERLAY DISTRICT A. All projects located within the Meridian Floodplain Overlay District shall be designed to meet the standards of MCC§10-6. B. Floodplain Development Permit Application: 1. All applicable sections of floodplain development permit applications shall be completed. 2. All floodplain development permit applications shall have the application signed by both the design professional of record and the owner or the owner’s legal agent for the project. 3. All floodplain development permit applications shall contain the necessary information required in MCC §10-6, and shall be submitted to the Community Development Department with the applicable fee payment. Page | 75 4. All floodplain development permit applications shall include hardcopy paper and electronic files of the applicable hydrologic and hydraulic studies necessary to satisfy MCC §10-6. All studies shall be stamped and signed by the Design Professional. 5. All floodplain development permit applications shall include two hardcopy plan sets and electronic files illustrating the proposed project, and containing the minimum information specified in MCC 10-6-4A2. In addition, plans shall illustrate the following, as applicable:  Floodplain Overlay District boundary  Floodway Overlay District boundary  FEMA regulated 100-year Special Flood Hazard Area  FEMA regulated floodway 6. Both sets of plans submitted shall be stamped and signed by the Design Professional. -END OF SECTION- Section 2 General comment - concurrent review plat and plats  We look forward to working with the City to find ways to speed up plan review times Two Items were changed to speed up the plan review process.  The timing for utility company waiver letters, for utilities designed out of the assigned ACHD corridor, was changed from the initial plan submittal to any time prior to plan approval. This will allow for plans to be reviewed sooner.  We also made changes to the requirements for the street lighting plan that will allow the plan review to take place before the Joint Trench Utility plans have been developed and approved. This also allows plans to be submitted quicker and reviewed before Idaho Power completes their joint trench plans. Both of these items were discussed during the focus group meetings and are included in the proposed Design Standards. Several other items related to Community Development processes and timing were discussed. However, these items are outside the scope of the Design Standards document. Community Development and Public Works have expressed their willingness to discuss other ways to potentially speed up the plan review process however this is a separate discussion from the Design Standards. Section 2-5 Bullet 3 Initial Plan Submittal Requirements  This would be for Joint Trench? Would Meridian City accept a letter from Idaho Power, or would all of the utilities have to give their consent? It will be problematic to get all of them to accept in writing with any decent response time. If a new project wants to install water or sewer infrastructure outside of the normally assigned ACHD corridor for that infrastructure, the plan submittal must be accompanied by an approved waiver letter from any the other utility company whose corridor is being impacted. We understand that it can be difficult to get some utilities to respond, but it is important that assigned utility corridors are respected. We will modify the Design Standards language to allow for a waiver process if the applicant can demonstrate that they have diligently tried to obtain a waiver from a utility company but have not received a response. Section 4-3 Water Supply Redundancy - “Concerned with required redundancy ""whenever reasonable"". 1. What are the parameters to reasonable? 2. See also section 4-7-L “waterlines down cul-de-sacs" The previous language use to say whenever “feasible”. During the focus group meetings it was changed to “reasonable” at the suggestion of the focus group members. The parameters of what is reasonable will have to be considered on a case-by-case basis as what is reasonable for a 10 lot subdivision is not necessarily reasonable for a 100 lot subdivision. There will be an opportunity for dialog between the applicant and the staff about what is reasonable. If the applicant and staff can’t come to an agreement, the applicant can always raise the issue with the City Council during the public hearing. After our latest discussions with representatives of the BCA I believe they were comfortable with the proposed language. Section 4-7-L Water Main Design  1. This is still problematic. With an 8" waterline in a cul-de-sac, a water connection should not be needed. Will the City consider changing the last sentence in this paragraph to read, "If improvements are needed for fire flow or flow hydraulics, cul-de-sacs should be connected by water mains through easements whenever reasonable." During the focus group meeting this item was discussed and the term “reasonable” was added to the language to address the concern. It will not always be reasonable to eliminate dead ends at cul-de-sacs. However, when there is a need for better fire flow, or flow hydraulics, the connection will be required. Additionally, cul-de-sacs create water quality issues, resulting in customer complaints. They also increase the workload of the operations staff, as state code requires that each cul-de-sac be flushed at least once annually. Although fire flow and hydraulics are the two main reasons we would require cul-de-sacs to be looped, as mentioned above, in some cases water quality issues may also be a viable reason. Similar to what was stated in the previous item , this issue will have to be dealt with on a case-by-case basis, and where the applicant and the staff can’t come to an agreement, the applicant can always address their concerns with the City Council during the public hearing process. 2. How big are the easements for this waterline down a side lot line?" Water main easements are required to be 20 feet wide. Section 6 Street Lighting - General Comment  This section is still problematic with many outstanding questions, incomplete information, or frustrating standards (see below). Primarily, we are struggling with the number of lights required. Please tell us what problem exists that creates this fear of non-compliance that yields this higher cost. Did something happen to cause the City to feel legally exposed? No other City in the valley requires this many lights. Though staff says the City wants to follow a standard, there is only one known standard and most other cities nationally do not follow it. Increased costs decreases home affordability. Increased light pollution, higher costs for maintenance and utility usage. Specific questions about light spacing and other technical issues will be answered in the appropriate sections below. However, I will try and answer the more general questions here. Prior to 2009 the City of Meridian’s street lighting requirements were not based on any standard that we know of. When questions/challenges came up about our existing lighting standards we couldn’t explain where they came from or why we required certain things. “Because we have always done it that way” was not a satisfactory response. As a result, we did some research to establish a basis for a new Street Light standard. It is true that many other cities (especially in the Treasure Valley) do not use the national standard adopted by the City of Meridian. However, it is important to note that many other city across the country do use a standard for their street lighting and all of those we are aware of use the same national standard the City of Meridian adopted in 2009. We have consistently tried to apply the most generous interpretation of the standard that we could in order to minimize the impact of the standard on the development community. We often receive positive feedback from residents of new developments regarding the lighting. They feel safer letting their kids walk and ride their bikes on well-lit streets, and adequate street lighting has been proven to reduce crime in neighborhoods. Light trespass can be an issue, but the proposed standards do have requirements to minimize unwanted light trespass.  Recommend: We might all be best served if the City adopts all other sections except Section 6 until questions answered and outstanding items are clarified or resolved." In 2009 the City of Meridian adopted the current Street Lighting standards. If we elect to remove the proposed revisions to those standards from proposed version of the Design Standards, it will not eliminate lighting standards in the City of Meridian; it will simply mean that the 2009 standards will remain in effect. Since the proposed revisions to the Street Lighting are based on recommendations received during the focus group meetings, it would seem like a missed opportunity if they were left out. Section 6-8 Street Lighting Design Requirements 1. How do you take care to avoid excessive light trespass? More analysis required in addition to new standards/exhibits? Section 6-8 has language that addresses this topic. In addition, each of the LED fixtures specified can be ordered with, or field fit with, house-side shields. Required fixtures have always been full cutoff fixtures, and the new fixtures have oval distribution patterns that minimize lighting beyond the street right-of- way. 2. It will be difficult to avoid conflicts with tree locations due to 1) trees later installed by home owner or builder and 2) street trees typically installed on lot lines to avoid driveways (street lights also installed on lot lines)" The City of Meridian Supplemental Specifications requires street lights to be located 10 feet from trees. This has always been the case. We are simply requiring that the landscape architect and the engineer preparing the lighting plan coordinate their efforts so that the approved plans have the appropriate spacing. We understand that some field changes may be made, but the plans should reflect what should happen. Section 6-9-H Street Light Design Details: Metering 1. Are the arterial and collector roads as defined by ACHD? Yes, that is correct. 2. Residential collectors (entrances) within a development required to have meters and meet conduit plan specs too? Yes, in most cases. However, many of the arterials and collectors already have conduit installed under the sidewalk to accommodate street lighting. 3. Are conduits required to be shown on street light plans?" No. Initial plans submitted for review and approval of street lighting do not have to show the conduit locations. However, the as-built plans, submitted by the contractor to the city after construction is complete, are required to show the conduit locations. This is the same process that’s required by the City of Boise. Section 6-10-E-3 Layout Design Procedure  Reference to Drawing 6G, which is not included in the packet. Please provide so additional comments can be provided as this appears to be an important exhibit. The reference to this drawing was an accidental hold over from the current Street Lighting Standards. This drawing has been moved to the Supplemental Specifications and will be labeled as drawing T8. The drawing was moved to the specifications because it aligns with the intent of the specification more closely than the Design Standards. The reference will be changed in the final Design Standard Text. Section 6-10-G Layout Design Procedure  Collectors - is this as defined by ACHD? Including residential collectors? No – this sentence was changed in the Design Standards document to reflect that it is “collectors with metered lights”. The purpose of the one-sided layout for collectors with metered lights is to reduce the amount of conduit and meters that a developer needs to install and the City needs to maintain. The final Design Standards language will be modified to provide some clarification on this issue. Exhibit 6B Street Classifications  With street classifications removed from this exhibit, how does this apply? The pedestrian classification (shown on the exhibit) determines the lighting level needed. Different fixtures will be required depending on the pedestrian level. This exhibit assigns pedestrian levels. Exhibit 6C Street Lighting Design Criteria 1. Are the street widths back of curb to back of curb? Correct. 2. How does a residential collector entrance road fit into this chart? The street light spacing depends on the width of the proposed road. However, we will add street width ranges instead of approximate street widths to make the table easier to use in the final version of the Design Standards. This change will also allow larger allowable spacing for some street widths. 3. No real spacing changes granted within the chart, only slight flexibility to avoid conflicts Actually, additional pole height and mast arm lengths have increased spacing requirements. 7-lane arterials (100' roadways) changed from 180' to 250' maximum spacing, 5-lane arterials changed from 220' to 300', 33-44' residential streets now allow 270' spacing if 30' poles with 8' mast arms are used, and local streets with a width of 33' or less have a maximum spacing of 260' rather than 220 ’. The new category for a 33’ or less roadway width has been developed after our most recent discussion with BCA representatives to account for the narrower roads that are being developed. 4. Note 1 – does ACHD have a 10 year CIP? Or 20-year CIP for reference? ACHD has a 20-year CIP but it is broken into 5 year blocks. ACHD has requested (and we have confirmed) that street lights need to be built to accommodate planned roadways extending out 10 years. This is being done in an attempt to balance initial construction costs with the cost to remove and replace the lights when streets are planned to be widened. 5. Note 2: Where is the approved fixture List? The language of note 2 has been modified to identify the location of the approved fixture list, which is posted on the Land Development Services page on the City’s website. 6. Note 3 - How does light loss factor of 0.78 affect spacing and why is it used?" For the creation of this chart and the approved fixture list a Light Loss Factor (LLF) of .86 was used for LED fixtures. The drawing has been updated to reflect this. The LLF accounts for the decreased output of the lamp over time and it accounts for dirt buildup on the fixture. Using a LLF of 1 may increase the spacing a few feet, but the actual lumen output is not normally the limiting factor for spacing. Uniformity and veiling luminance ratios normally govern. Exhibit 6D Typical Street Light Locations 1. Why is 1/2 spacing from intersection required? This reduced spacing allows for better visibility of the intersection approach and signage. The fixture over the larger road should be facing perpendicular to the lights on the smaller roadway. Streetlights output light in a large oval pattern. The maximum spacing’s are calculated assuming these ovals are oriented in the same direction. Because these lights are oriented perpendicular to each other, there is a dark spot as you are approaching the intersection from the smaller street, therefore, the ½ spacing requirement helps eliminate the dark spot. 2. Are arterials and collector roads as defined by ACHD? How does this apply to residential collector roads that are entry roads to subdivision?" Arterials and collectors referenced in this document Match ACHD definitions. This standard is applicable to residential collector roads at subdivision entrances. Section 7-4-C Drainage Discharge  How does this apply? This seems more like a sign off item for ACHD than Meridian City. Are there instances where a project generates so much run off not within right-of-way that then discharges into a creek or drain? Not sure this section applies? If a proposed development is planning to discharge all or a portion of the stormwater from the development to a drain ditch or existing drainage structure owned by another party, they must provide the city with a letter from the owner/operator of the drainage facility approving the proposed discharge. ACHD facilities that are a part of the approval process through ACHD does not need the letter required in this section. We will also be revising the language in this section to provide clarification. Section 8-4 Pressure Irrigation Design  Why are P.I. mains not allowed along front lot lines (may be a good solution for alley loaded lots - so can any exception be granted with City Engineer approval?) We will add language allowing P.I. lines outside standard corridors with written approval of the City Engineer and the irrigation system owner/operator. Meridian City Council Meeting DATE: Mav 10,2016 ITEM NUMBER: 7E PROJECT NUMBER: ITEM TITLE: Public Works: Public Works: Area of Drilling Concern Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Quick Facts: • This is an effort to preserve and protect the water supply for residents today and in the future. • The quality and safety of Meridian's water supply are threatened by the construction of unsealed water wells. • The City of Meridian relies solely on groundwater, diverted from 23 rigorously tested wells, to provide clean, safe drinking water to residents and businesses. • The City seals all municipal wells to restrict water movement within the aquifer. • Wells with unsealed casings allow waters of different pressure, temperature, and chemistry (including natural and human -introduced contaminants) to move within the aquifer system. • Based on decades of scientific research and testing, the City of Meridian has petitioned the Idaho Department of Water Resources to designate an Area of Drilling Concern in West Ada County to require better, more responsible well drilling and abandonment practices. Sealed wai Well sand aid Gravel !aledwells are rotected from ontsmInants - i I Sand andGpavel Requested Area of Driflfing Concern FAQs Q: What are the contaminants of concern.) A: The dissolved metals uranium and arsenic are naturally occurring contaminants of concern. Human -introduced contaminants include nitrates, pesticides, herbicides as well as industrial chemicals such as perch lorethylene, and pathogens such as bacteria. Q: Is the City trying to prevent people from drilling their own wells? A: No. The City just wants all wells constructed to meet adequate sealing standards. This will protect both the City's residents and private well owners and will preserve the groundwater resource. Q: What is an "unsealed" well? A: An unsealed well is a well that was constructed or abandoned in a manner that leaves a space between the well casing and the side of the drilled hole called the "annular space". The City has documented the fact that, in the sedimentary geology of the Treasure Valley, wells constructed by "drill and drive" methods, which are commonly used for small domestic wells, result in an open and unsealed annular space. Q: What drilling method results in a sealed well? A: The City has shown that mud -rotary drilling allows for proper placement of a functional well seal over the entire length of the well casing. Q: Is mud -rotary drilling more expensive than other methods? A: Yes. Wells constructed using mud -rotary drilling are roughly 1.5 to 2 times the cost of those employing the cheapest methods, however, the City believes that the benefits to the well owner, such as avoidance of surface contaminants, longer life, and better water quality, outweigh the additional cost. More importantly, protecting our vital groundwater resource is a responsibility we all share. Our responsible actions now will ensure that safe, clean groundwater is available for future generations. C�E IDIAN-- tOAHO Meridian City Council Meeting DATE: May 10,2016 ITEM NUMBER: $A PROJECT NUMBER: H-2015-0021 ITEM TITLE: Birkdale Estates Ordinance No. I (e) - t (AS : An Ordinance (Birkdale Estates H-2015 0021) of the City of Meridian Granting Annexation and Zoning of 10.06 Acres with a Zoning Designation of R-2 (Low Density Residential District) Being Lot 1 of Block 1 of Blythe Estates, a Subdivision on File in Book 63 of Plats at Page 6426 in the Office of the Recorder for Ada County, Idaho, said parcel being situated in the NW'/4 of Section 30, Township 4 North, Range 1 East, Boise, Ada County, Idaho; and Providing an Effective Date. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2016-040094 BOISE IDAHO Pgs=4 BONNIE 05/11/2016 10:32 AM MERIDIAN CITY NO FEE 1111111111111111111111111111111111111111111111111 00223776201600400940040048 CITY OF MERIDIAN ORDINANCE NO. -16 R" BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (H-2015-0021) FOR ANNEXATION AND REZONE OF A PARCEL OF LAND BEING LOT 1 OF BLOCK 1 OF BLYTHE ESTATES, A SUBDIVISION ON FILE IN BOOK 63 OF PLATS AT PAGE 6426 IN THE OFFICE OF THE RECORDER FOR ADA COUNTY, IDAHO, SAID PARCEL BEING SITUATED IN THE NW '/4 OF SECTION 30, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO R-2 (LOW DENSITY RESIDENTIAL) DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF I.DAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Douglas and Stephanie Beehler, SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to R-2 (Low Density Residential) District, in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. ANNEXATION — BIRKDALE ESTATES SUBDIVISION H 2015-0021 Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings bytitle and one (1) reading in frill be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. A::hPASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 1 day of "� , 2016. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this f day of Qj2,J 92016. ATTEST: JACY JONES. CITY CLERK ,pjCV,DAUf C YO ity o E IDIAN- I �F SEAL W 06°I+he TREp de WEERD ANNEXATION — BIRKDALE ESTATES SUBDIVISION H 2015-0021 Page 2 of 3 STATE OF IDAHO, ) } ss: County of Ada ) On this _LC) day of "oA, , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JACY JONES, 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. (SEAL) ♦'♦•• CN O �� ♦ i ♦ .' `�� • ♦ " • �: r ee p 1C ®°.jDAHO' 0•• °6•..060• NOTARY PUBLI OR IDAHO RESIDING AT: MY COMMISSION EXPIRES: ANNEXATION — BIRKDALE ESTATES SUBDIVISION H 2015-0021 Page 3 of 3 EXHIBIT A Legal Description & Exhibit Map for Annexation Boundary TEJ._IE*Y'S LAND 12594 W. Explorer .give, Suite 150 a Boise, Idaho 83713 SURVEYING (208) 305-0636 a] - Fax (las) 3BS4696 Project No.: 3962 Date: October 19, 2015 DESCRIPTION OF BIRKDA!_E ESTATES SUBDIVISION A parcel of land being Lot 1 of Block 1 of Blythe Estates, a subdivision on file in Book 63 of Flats at Page 6426 In the Office of the Recorder for Ada County, Idaho, said parcel being situated in the NW 114 of Section 30, TAN., R.1 E„ B.M., Ada County, Idaho and more particularly described as follows: COMMENCING at the North 1/4 corner of said Section 30, marked by a brass cap; thence along the North line of said Section 30 North 89"51'06" West (formerly South 89°43'23" West) 659.22 feet to a point on the extended West line of a 50 foot access and utility easement, Instrument No. 9247068 (Elk Ranch Lane); thence leaving said North line along said extended West line and said West line South 00°30'51" West 664.82 feet (formerly South 00°0429" West 664.85 feet) to the Northeast corner of said Lot 1 which point is the POINT OF BEGINNING, marked by an Iron pin; thence along the East line of said Lot 1 South 00°29'27" West 664.83 feet (formerly South 00°04'02" West 664.85 feet) to the Southeast comer of said Lot 1, marked by an iron pin; thence along the South line of said Lot 1 North 89152'46" West 659.25 feet (formerly South 89641'43" West 659.14 feet) to the Southwest corner of said Lot 1, marked by an iron pin; thence along the West line of said Lot 1 North 00029'18" East 665.00 feet (formerly North 00004'02" East 665,01 feet) to the Northwest corner of said Lot 1, marked by an iron pin; thence along the North line of said Lot 1 South 89051'54" East 659.28 feet (formerly North 89°42'33" East 659.14 feet) to the P .0.137_ OF BEGINNING. 3962-Prat-Re®adocx dnm Birkdale Estates Subdivision — H-2015-0021 AZ, PP Said Parcel Contains 10.06 Acres, more or less. LANb PA 34 6 �Vd a� �:tc7C A,' Page 1 of 1 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 16 - PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a parcel of land being Lot 1 of Block 1 of Blythe Estates, a subdivision on file in Book 63 of Plats at Page 6426 in the Office of the Recorder for Ada County, Idaho, said parcel being situated in the NW '/4 of Section 30, Township 4 North, Range 1 East, Boise, Ada County, Idaho. This parcel contains 10.06 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the day of )2016. City of Meridian Mayor and City Council By: Jacy Jones, City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 16 - The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 16- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of , 2016. William. L.M. Nary City Attorney ORDINANCE SUMMARY - BIRKDALE ESTATES SUBDIVISION - H-2015-0021