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2016-05-17
Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Milam Ty Palmer Anne Little Roberts NOTICE OF CANCELLATION OF THE REGULARY SCHEDULED MEETING OF THE MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the regularly scheduled meeting of the Meridian City Council for Tuesday, May 17, 2016 at 6:00 p.m. has been CANCELLED due to the Primary Election. All items are rescheduled for a Special meeting on Tuesday, May 17, 2016 at 5:30 p.m. If you have any questions, please contact the City Clerk's Office at 208-888 4433. Thank you. DATED this 13th day of May, 2016 JACY JO D�gSD AUCUSTy GO 9�a City of IDIAN'�' SEAL PyT�Q_°r the S9E11101 Meridian City Council Meeting Cancellation — May 17, 2016 All materials presented at the public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Q-'M'%*_E` IDIAN SPECIAL CITY COUNCIL MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, May 17, 2016 at 5:30 PM 1. Roll -Call Attendance Anne Little Roberts Joe Borton _ ® Ty Palmer ® Keith Bird _ Genesis Milam _ Luke Cavener ® Mayor Tammy de Weerd 2. Amended the Title to Read: Executive Session Per Idaho State Code 74-206 (a)(c)(f): (a) To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. This paragraph does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general; (c) To Acquire an Interest in Real Property, Which is Not Owned by a Public Agency; AND (f) To Consider and Advise Its Legal Representatives in Pending Litigation s • '' • •IRMANEW 3. Pledge of Allegiance 4. Community Invocation by Michael Pearson with Meridian Seventh Day Adventist Church 5. Adoption of the Agenda Adopted 6. Proclamation A. Proclamation for Neurofibromatosis Awareness Month. 7. Consent Agenda Approved A. Approve Minutes of May 3, 2016 City Council Meeting Meridian City Council Meeting Agenda Tuesday, May 17, 2016 — Page 1 of 5 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. B. License and Maintenance Agreement for City's Use of Athletic Fields at West Ada School District Property Located at 915 E. Central Drive C. Professional Services Agreement with Kevin Kirk & Onomatopoeia for Musical Talent for Concerts on Broadway in an Amount Not -to -Exceed $4,000 D. Approval of Award of Bid and Agreement to ALTA CONSTRUCTION, INC for the "NW 2ND STREET WATER AND SEWER LINE REPLACEMENT" project for a Not -To -Exceed amount of $448,492.67. E. Subrecipient Agreement With Neighborhood Housing Services Inc, Dba NeighborWorks Boise for PY 2015 Community Development Block Grant Funds F. Subrecipient Agreement With Charitable Assistance to Community's Homeless for PY 2015 Community Development Block Grant Funds G. Subrecipient Agreement With Ada County Housing Authority for PY 2015 Community Development Block Grant Funds H. No. 1 Easement Between the City of Meridian and the Idaho Power Company for a Vault in Conjunction with the Ada County Highway District's Meridian/Ustick Road Widening Project Located at the Corner of Settlers Park No 2 Easement Between the City of Meridian and the Idaho Power Company for a Sector Box in Conjunction with the Ada County Highway District's Meridian/Ustick Road Widening Project J. Final Plat Continued from May 3, 2016 for Bainbridge Subdivision No. 3 (H- 2016-0039) by Brighton Development Located Southeast Corner of N. Black Cat Road and W. Vanderbilt Drive. Request: Final Plat Approval Consisting of Thirty -Nine (39) Building Lots and Five (5) Common Lots on 16.38 Acres of Land in an R-8 Zoning District K. Final Plat for Shallow Creek Subdivision (H-2016-0048) by A Team Land Consultants Located Southeast Corner of S. Locust Grove Road and E. Franklin Road. Request: Final Plat Approval Consisting of Fifteen (15) Multi -Family Buildable Lots and Four (4) Common Lots on 5.856 Acres in the R-15 Zoning District Meridian City Council Meeting Agenda Tuesday, May 17, 2016 — Page 2 of 5 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. L. Findings of Fact, Conclusions of Law for Kenners Subdivision (H-2016- 0018) by Kouba Homes, LLC Located East of N. Locust Grove Road, North Side of E. Fairview Avenue. Request: Annexation and Zoning of 0.932 Acres of Land with an R-8 Zoning District Request: Preliminary Plat Consisting of Eight (8) Building Lots and One (1) Common Lot on 1.28 Acres of Land in the R-8 Zoning District M. Findings of Fact, Conclusions of Law for Meridian Property Group (H-2016- 0004) by Darel T. Hardenbrook Located 1139 E. Fairview Avenue. Request: Annexation and Zoning of 0.63 Acres of Land with a C -G Zoning District. Request: Modify the Existing Development Agreement (Inst. #109134178) to Incorporate Parcel #S1107120620 As Well As to Modify Certain Other Provisions N. Professional Services Agreement with National Association of Peer Program Professionals for Training and Certification Services in an Amount Not to Exceed $7,251.00 8. Community Items/Presentations Moved from to 10C.: Public Hearing for Pope's Garden (H-2016- 0006) by Iron Mountain Real Estate Located 2662 E. Magic View a. Request: Amendment to the Comprehensive Plan Future Land Use Map (FLUM) to Change the Land Use Designation on 5.28 Acres of Land From Office to Medium High Density Residential b. Request: Annexation and Zoning of 5.28 Acres of Land from the RUT to the R-15 Zoning District C. Request: Preliminary Plat Approval Consisting of Twenty (20) Buildings, Four (4) Common Lots and One (1) Other Lot on 5.28 Acres of Land in the R-15 Zoning District d. Request: Conditional Use Permit for a Multi -Family Development Consisting of Seventy -Nine (79) Dwelling Units in the R-15 Zoning District Motion Approved to Remand this Project Back to the Planning and Zoning Commission due to Significant Changes tote Project. Moved to 2.: Dairy Board Request for Cost Share for the Annual Dairy Days Parade Continued Until May 24, 2016 9. Items Moved From the Consent Agenda None Meridian City Council Meeting Agenda Tuesday, May 17, 2016 — Page 3 of 5 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. 10. Action Items Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned City planner. Following Staff's report the applicant has up to 15 minutes to present their application. Each member of the public may provide testimony up to 3 minutes or if they are representing a larger group, such as a Homeowners Association, they are allowed 10 minutes. The applicant is then allowed 10 additional minutes to respond to the public's comments. No additional public testimony is taken once the public hearing is closed. A. Public Hearing Continued from May 3, 2016 for Maverik (H-2016-0027) by Maverik, Inc. Located 1515 E. Fairview Avenue 1. Request: Annexation and Zoning of Approximately 3.907 Acres of Land with a C -G Zoning District Continued to June 7, 2016 B. Public Hearing Continued from May 3, 2016 for Volterra Subdivision (H- 2016-0033) by Bridgetower Investments, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road 1. Request: Amend the Recorded Development Agreement (Instrument #106034786, Amended as Instrument #11101393) to Allow Right Out Only Access to N. Ten Mile Road for the Office Lots Approved with the Volterra South Subdivision Approved C. Moved to Ie 1.: Public Hearing for Pope's Garden (H-2016-0006) by Iron Mountain Real Estate Located 2662 E. Magic View 1. Request: Amendment to the Comprehensive Plan Future Land Use Map (FLUM) to Change the Land Use Designation on 5.28 Acres of Land From Office to Medium High Density Residential 2. Request: Annexation and Zoning of 5.28 Acres of Land from the RUT to the R-15 Zoning District 3. Request: Preliminary Plat Approval Consisting of Twenty (20) Buildings, Four (4) Common Lots and One (1) Other Lot on 5.28 Acres of Land in the R-15 Zoning District 4. Request: Conditional Use Permit for a Multi -Family Development Consisting of Seventy -Nine (79) Dwelling Units in the R-15 Zoning District Motion approved to remand this project back tote Planning and Zoning Commission due to significant changes to the project. Meridian City Council Meeting Agenda Tuesday, May 17, 2016 — Page 4 of 5 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. 11. Department Reports A. Human Resources: Process on Establishing Policies Discussion Item will return on the May 24, 2016 agenda r as o tion of a resolution B. Continued from May 10, 2016: Public Works: Discussion on Design Standards Item will return on the May 24, 2016 agenda for adoption o a resolution C. Public Works: Reconsideration of a Budget Amendment for the Purchase of a Sewer Cleaning Truck for the Not -to -Exceed Amount of $500,000.00 Approved D. Mayor's Office/Parks Department: Budget Amendment for the Youth Farmers Market for a Not -to -Exceed Amount of $10,000.00 Approved E. Mayor's Office: Budget Amendment for the State of the City Address for a Not -to -Exceed Amount of $17,970.00 Approved F. Mayor's Office: Budget Amendment for the Mayor's Youth Advisory Council for a Not -to -Exceed Amount of $15,660.00 Approved G. Mayor's Office: Budget Amendment for the Mayor Tammy's Walking Club for a Not -to -Exceed Amount of $3,500.00 Approved 12. Ordinances A. Ordinance No. 16-1690: An Ordinance (H-2016-0024) of the City of Meridian Amending Meridian City Code as Codified at Title 11, Entitled the Unified Development Code (11 -3G -3A) Pertaining to Common Open Space; and Providing an Effective Date Approved 13. Future Meeting Topics: Discussion on Internal Budget Amendment Processes 14. Amended onto the Agenda: Continued Executive Session Per Idaho State Code 74-206 (a)(c) ft (a) To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. This paragraph does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general; (c) To Acquire an Interest in Real Property, Which is Not Owned by a Public Agency; AND (f) To Consider and Advise Its Legal Representatives in Pending Litigation Into xecutive Session at 8:02 PM Out of Executive Session at8:57 PM Adjourned at 8:57 PM Meridian City Council Meeting Agenda Tuesday, May 17, 2016 — Page 5 of 5 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. Changes to Agenda: r r t 111aMITI- Item `"- Item #10B: Volterra Subdivision - MDA (H-2016-0033) Application(s): Development Agreement Modification Size of property, existing zoning, and location: This site consists of 185.952 acres of land, R-2, R-4, R-8, R-15, L-0, C -C, C -N, L-0 and RUT in Ada County, is located on the north side of W. McMillan Road between N. Black Cat Road and N. Ten Mile Road AND southwest corner of W. McMillan Road and N. Ten Mile Road. History: In 2010, the property received preliminary plat (PP) approval for 301 residential lots on 120.6 acres of land for Volterra North Subdivision and approval to rezone (RZ) 58.33 acres from the R-4 (Low-density Residential District) zone to the R-8 (Medium -density Residential District) zone and preliminary plat (PP) approval for 194 residential lots on 80.4 acres of land for Volterra South Subdivision. Also in 2010, a modification to an existing development agreement was approved (Instrument #111010393) to alter certain provisions of the agreement having to do with the timing of certain development items. Comprehensive Plan FLUM Designation: MU -C, MDR Summary of Request: The applicant requests an amendment the recorded development agreement to allow right -out, exit only access to N. Ten Mile Road for the office lots approved with Volterra South Subdivision. The proposed access was not proposed by the applicant, nor was it discussed by Council with the Volterra South subdivision. The applicant has provided an exhibit that demonstrates how the access would serve the office portion of the development. ACHD staff has approved the right -out only access as proposed by the applicant. Per UDC 11-3A-3, the City Council has the authority to grant the access to Ten Mile Road. Therefore staff has crafted the proposed DA provision the Council should consider if Council grants the right - out only access to Ten Mile Road. Staff Recommendation: Approval per the provisions of the staff report Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0033, as presented in the staff report for the hearing date of May 17, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0033, as presented during the hearing on May 17, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0033 to the hearing date of May 17, 2016 for the following reason(s): (You should state specific reason(s) for continuance.) i. Desire for additional right-of-way to be dedicated to allow Magic View Drive to "straighten out" more where it intersects Wells Street and drops to the south. d. Commission Change(s) to Staff Recommendation: i. The Commission recommended denial of the application based on the development not providing enough transition from the R1 zoned property to the north to the office/commercial designated land in the area; and the future road structure. e. Outstanding Issue(s) for City Council. i. The applicant has submitted a request to City Council to be remanded back to the Commission due to ACHD's requirement to remove the public fight -of -way from the west boundary of the site. ii. Revised conceptual development plan and preliminary plat] Notes: Meridian City Council May 17, 2016 A meeting of the Meridian City Council was called to order at 5:30 p.m., Tuesday, May 17, 2016, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Joe Borton, Ty Palmer, Genesis Milam, Anne Little Roberts and Luke Cavener. Others Present: Bill Nary, Jacy Jones, Jaycee Holman, Bruce Chatterton, Sonya Watters, Josh Beach, Scott Colaianni, Mark Niemeyer, Tom Barry, Warren Stewart 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 __X___Lucas Cavener _X Mayor Tammy de Weerd De Weerd: I would like to welcome all of you to our City Council meeting. This is a special meeting, because we typically do not meet at primary or general elections, but because it was noticed we are here and ready to go. So, welcome. For the record it is Tuesday, May 17th. It's 5:30. We will start with roll call attendance, Madam Clerk. Item 2: Amended the Title to Read: Executive Session Per Idaho State Code 74-206 (a)(c)(f): (a) To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. This paragraph does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general; (c) To Acquire an Interest in Real Property, Which is Not Owned by a Public Agency; AND (f) To Consider and Advise Its Legal Representatives in Pending Litigation De Weerd: Item No. 2 is an Executive Session per Idaho State Code. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session per Idaho State Code 74-206(a)(c) and (f). Meridian City Council Special Meeting May 17, 2016 Page 2 of 48 Cavener: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES. De Weerd: And I would make a special note. If any of you are here for the public hearing under 10-C -- I believe many of you were notified or the clerk's office did reach out to let residents know that the applicant has requested that this be remanded back to the Planning and Zoning Commission, as has our planning staff, because of significant changes in the Ada County Highway District road report. So, that action will be in front of Council. So, I just want you to know that, then, we wouldn't be taking public testimony, that this application would not be considered by Council until the Planning and Zoning Commission reheard it, so -- EXECUTIVE SESSION: (5:33 p.m. to 6:03 p.m.) Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we come out of Executive Session, but we will continue Item C until at the end of our regular meeting. I move that we come out of Executive Session. Borton: Second. De Weerd: I have a motion and a second to come out of Executive Session. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 3: Pledge of Allegiance De Weerd: Do I have a -- I don't need a motion to adjourn the special meeting. Okay. Thank you for your patience. Okay. Item No. 3 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Meridian City Council Special Meeting May 17, 2016 Page 3 of 48 Item 4: Community Invocation by Michael Pearson with Meridian Seventh Day Adventist Church De Weerd: Item No. 4 is our community invocation. We have Pastor Michael Pearson with us tonight to lead us in our community invocation. Please join us or take this as an opportunity for a moment of reflection. Thank you for being here. Pearson: Thank you. Heavenly Father, we pause to invite your presence this evening and in doing so we ask that you will give each participant the ability to hear each other with kindness and each individual the ability to articulate what needs to be articulated, that at the end of this evening's meeting the city leadership and the community at large will be a step closer to being the alternate city for family and faith, in Jesus name, amen. De Weerd: Thank you for joining us. Item 5: Adoption of the Agenda De Weerd: Item No. 5 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We -- it has been requested by the Council to move Item 10-C up to 8-A-1. Item 10-A has been asked by the applicants to continue to June 7th, 2016, and Item 12-A, ordinance number is 16-1690 and with that I move we amend -- or approve the amended agenda. Borton: Second. De Weerd: I have a motion and a second to approve the amended agenda. All those in favor say aye. All ayes. Motion carried. MOTION, CARRIED: ALL AYES. Item 6: Proclamation A. Proclamation for Neurofibromatosis Awareness Month. De Weerd: Okay. It's my honor to read a proclamation and ask our guests to stand beside me as I do this. Thank you for joining me. After I read the proclamation if I could ask one of you to introduce the group and to make a few remarks. Okay. Whereas neurofibromatosis, NF, the -- so, I'm going to use NF after this point. The most common neurological disorder caused by a single gene, causes tumors to grow on nerves throughout the body and whereas NF Meridian City Council Special Meeting May 17, 2016 Page 4 of 48 may lead to the loss of sight or hearing, skeletal defects, such as abnormal curvature of the spine or bowing of the leg, learning disabilities, disfigurement, chronic pain, cardiovascular problems, including high blood pressure, cancer and a wide variety of other complications and whereas over 100,000 Americans are living with NF and one in every 3,000 babies are born with this disorder and whereas the Children's Tumor Foundation works to improve access to quality patient healthcare and provide patient and family support throughout its information resources, youth programs and local chapter activities, and whereas the Children's Tumor Foundation leads efforts to promote and financially support world class medical research aimed at fighting effective treatments and ultimately a cure for NF, but much remains to be done in raising public awareness of N F to provide and promote early diagnosis, proper management and treatment, prevention of complications and support for the research, therefore, I, Mayor Tammy de Weerd, here do by proclaim May 2016 to be Neurofibromatosis Awareness Month here in the City of Meridian and I urge all of our community members to become informed and involved in the fight to eradicate this serious disorder. I will present this certificate and ask the spokesperson to say a few words. Thank you so much. Spokesperson: So, we are the local chapter of the Children's Tumor Foundation in the Boise area. We have been around for about three years and this population, my kids who are on their phones, of course, they -- they are only a small -- this is only a small population of what Bo ise -- what the affected population really is. I'm sorry. Only a tiny population of what the local population really is as represented here and we are making huge strides in bringing awareness to a community. We have a great super hero walk that comes u p in the fall and we would like it if anybody went online and looked us up and looked about what neurofibromatosis was and spread the word and may be able to participate in our walk and thank you very much for this. Item 7: Consent Agenda A. Approve Minutes of May 3, 2016 City Council Meeting B. License and Maintenance Agreement for City's Use of Athletic Fields at West Ada School District Property Located at 915 E. Central Drive C. Professional Services Agreement with Kevin Kirk & Onomatopoeia for Musical Talent for Concerts on Broadway in an Amount Not-to-Exceed $4,000 D. Approval of Award of Bid and Agreement to ALTA CONSTRUCTION, INC for the “NW 2ND STREET WATER AND SEWER LINE REPLACEMENT” project for a Not-To- Exceed amount of $448,492.67. Meridian City Council Special Meeting May 17, 2016 Page 5 of 48 E. Subrecipient Agreement With Neighborhood Housing Services Inc, Dba NeighborWorks Boise for PY 2015 Community Development Block Grant Funds F. Subrecipient Agreement With Charitable Assistance to Community's Homeless for PY 2015 Community Development Block Grant Funds G. Subrecipient Agreement With Ada County Housing Authority for PY 2015 Community Development Block Grant Funds H. No. 1 Easement Between the City of Meridian and the Idaho Power Company for a Vault in Conjunction with the Ada County Highway District's Meridian/Ustick Road Widening Project Located at the Corner of Settlers Park I. No 2 Easement Between the City of Meridian and the Idaho Power Company for a Sector Box in Conjunction with the Ada County Highway District’s Meridian/Ustick Road Widening Project J. Final Plat Continued from May 3, 2016 for Bainbridge Subdivision No. 3 (H-2016-0039) by Brighton Development Located Southeast Corner of N. Black Cat Road and W. Vanderbilt Drive. Request: Final Plat Approval Consisting of Thirty-Nine (39) Building Lots and Five (5) Common Lots on 16.38 Acres of Land in an R-8 Zoning District K. Final Plat for Shallow Creek Subdivision (H-2016-0048) by A Team Land Consultants Located Southeast Corner of S. Locust Grove Road and E. Franklin Road. Request: Final Plat Approval Consisting of Fifteen (15) Multi- Family Buildable Lots and Four (4) Common Lots on 5.856 Acres in the R-15 Zoning District L. Findings of Fact , Conclusions of Law for Kenners Subdivision (H-2016-0018) by Kouba Homes, LLC Located East of N. Locust Grove Road, North Side of E. Fairview Avenue. Request: Annexation and Zoning of 0.932 Acres of Land with an R-8 Zoning District Request: Preliminary Plat Consisting of Eight (8) Building Lots and One (1) Common Lot on 1.28 Acres of Land in the R- 8 Zoning District Meridian City Council Special Meeting May 17, 2016 Page 6 of 48 M. Findings of Fact, Conclusions of Law for Meridian Property Group (H-2016-0004) by Darel T. Hardenbrook Located 1139 E. Fairview Avenue. Request: Annexation and Zoning of 0.63 Acres of Land with a C-G Zoning District. Request: Modify the Existing Development Agreement (Inst. #109134178) to Incorporate Parcel #S1107120620 As Well As to Modify Certain Other Provisions N. Professional Services Agreement with National Association of Peer Program Professionals for Training and Certification Services in an Amount Not to Exceed $7,251.00 De Weerd: Okay. Item No. 7 is our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest. Borton: 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, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Moved to Item 8A1.: Public Hearing for Pope's Garden (H-2016- 0006) by Iron Mountain Real Estate Located 2662 E. Magic View 1. Request: Amendment to the Comprehensive Plan Future Land Use Map (FLUM) to Change the Land Use Designation on 5.28 Acres of Land From Office to Medium High Density Residential 2. Request: Annexation and Zoning of 5.28 Acres of Land from the RUT to the R-15 Zoning District Meridian City Council Special Meeting May 17, 2016 Page 7 of 48 3. Request: Preliminary Plat Approval Consisting of Twenty (20) Buildings, Four (4) Common Lots and One (1) Other Lot on 5.28 Acres of Land in the R-15 Zoning District 4. Request: Conditional Use Permit for a Multi-Family Development Consisting of Seventy-Nine (79) Dwelling Units in the R-15 Zoning District De Weerd: We did move Item 10-C to 8-A-1 and so I will ask staff to just give a quick overview of this request to be remanded back to the Planning and Zoning Commission and what prompted that. Watters: Thank you, Madam Mayor, Members of the Council. Since the last Commission meeting -- the Commission did recommend denial of this project at their hearing on March 17th. Since that hearing the ACHD commission heard this project and they decided not to require the extension of South Hickory Way along the west boundary of this property as part of this project. There were some others that did require that they do an emergency access drive at the north end of the Pope's Garden property and that the existing right of way in the Greenhill Estates Subdivision to the north of this site be improved with an emergency access. Since -- based on the Commission's decision the applicant did revise their site plan and their preliminary plat and they have submitted revised plans to the city, along with a request for a remand back to the Commission, so that they could review the updated plan, since a large factor of that recommendation for denial was based on that street going through. So, that's the reason for the request for remand tonight and staff is in support of the applicant's request and believe that it should go back before the Commission. De Weerd: Council, any questions for staff on this? I was under the impression that the neighborhood was aware that this would be requested to remand back and I just want to make sure that you knew that. Okay. So, any questions for staff from City Council? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Sonya? So, you said that the reason for the denial -- the changes that have been made to this are substantially the reason for denial from the Planning and Zoning Commission the first time? Watters: One of the reasons, yes. Meridian City Council Special Meeting May 17, 2016 Page 8 of 48 De Weerd: I -- I think that the premise is what Planning and Zoning saw would not be the same thing that Council would be seeing tonight and usually those are remanded back if there are sufficient or significant changes. Mr. Nary, this was publicized as a public hearing and at this point with the request to be remanded what are the options for Council tonight? Nary: Madam Mayor, Members of the Council. So -- and none of the -- this was noticed on the agenda as a request for the remand, so it wasn't -- this wasn't something people just -- may have learned tonight, but it has been noticed as the remand request has already made and the clerk's office is aware of it and they have had public inquiry about it. So, there has been some people that have had prior notice to tonight that this was -- a request was made. But, obviously, it is the Council's decision. So, they are correct to be -- the applicant has changed his project from what was previously heard based upon some direction from the highway district. So, it is not the same project that was previously denied. That -- to be fair to the applicant should, then, be reheard by the Planning and Zoning Commission for their -- again, their -- their responsibility is to -- to make all of those directions and decisions and to provide you with a recommendation, since it's not the same thing. You could hear the project. The problem is is that because it is substantially different you could go through the public hearing and then -- and logically still, then, remand it back to the Planning and Zoning Commission, because it's a different project. The only thing that's different is there are occasions where the applicant's have come before you and although they have made some changes, in their opinion it wasn't significant and it was the Council's opinion that it was. In this situation the applicant considers them to be significant, as well as the planning staff and, therefore, their recommendation to you is to remand it to, then, not end up hearing it another time again and still having to go back to have the Planning and Zoning Commission weigh in on this new configuration and new roadway. So, you certainly could hear it. I would recommend you not hear it only because, again, you're at least -- you would be hearing a different project and, then, having to make a decision based on no recommendation from Planning and Zoning because it's not the same thing, so -- does that help? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing that, I would move that we remand back H-2016-0006 to the Planning and Zoning because of significant changes to the plan originally seen. Borton: Second. De Weerd: I have a motion and a second to remand this back to Planning and Zoning. This would need to be renoticed and we would not have at this point a date certain. Meridian City Council Special Meeting May 17, 2016 Page 9 of 48 Nary: Madam Mayor, Members of the Council, yes, I was going to say -- just so the crowd understood, the applicant is responsible for renoticing this project, so there will be new signs, new mailed notices, new published notices for the next hearing, so you do not have a specific date. That will have to be determined by the Planning and Zoning Commission process of when it will be, but it will have all the notices -- the new notices -- mailed notices will need to go out. All of that will happen again. De Weerd: Okay. So, I want to make sure Council understands all of this. Okay. Then I have a motion and a second to remand this back to Planning and Zoning Commission. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: We do have all of your signatures that signed up as you entered in that we will add as part of the record and we will also post on our website and information will be available from our Planning and Zoning Department when this has been reset and a new notice will be on the property itself with the new date. So, I hope that is clear and we apologize that your time here with us was -- I don't want to say wasted. It would have been wasted if we would have had the public hearing, because of the change to the plan. It would have had to be remanded back, so -- and so -- the process is such that to give it a fair consideration when a change is substantially made, it goes back through the system. We would need to hear the public testimony during the public meeting, so -- and I do apologize. This was already set before the ACHD commission heard this application and -- and it's kind of out of our hands at this point, so we -- Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just a comment if I may. For those that are in attendance that are frustrated, I want you to know that your Council and your Mayor are probably equally frustrated as well. So, we hear from you, we hear your comments, but as the Mayor stated, it's about being fair and it's about providing due process to the applicant. So, we understand your frustration. We know that you have been through this. You have been at Planning and Zoning hearings, but in order for this to be a fair process, just like if you were before us we would want to be fair to you, we have to be fair to the applicant as well. So, I understand your frustration, I know the rest of the Council understands your frustration, bu t we have to -- we have to truly be fair to everyone. De Weerd: It will go through the process in front of the Planning and Zoning Commission and then -- this is the final decision making body, so we will see you again and we will look forward to it. I will already volunteer Bruce Chatterton, our Meridian City Council Special Meeting May 17, 2016 Page 10 of 48 director of Community Development, to answer any questions in the corridor or in the foyer. Because it is a public process. It is defined by Idaho State Code. It's not something we made up. A2. Moved to 8A2.: Dairy Board Request for Cost Share for the Annual Dairy Days Parade De Weerd: Okay. I will go ahead and look at Item 8-A-2, which is our Dairy Show Board or Dairy Board is here in front of us to discuss the annual Dairy Days parade. I guess I really should have given you at least an opportunity to have more of the community hear about the parade. Mattison: We thought they were here to support the parade and they all left. Bruijn: Madam Mayor, Ladies and Gentlemen of the City Council, yeah, I thought we had a lot of support here and they all -- we are here again, like we were last year, to request a cost sharing with the parade. Meridian Dairy Days parade, as you may know, is the largest one in the state of Idaho, but it's not our mission statement to put on the parade as the Dairy Board, we are here to support youth, especially 4H and FFA. That's why we are asking this year -- and the paperwork I gave you was the quote of -- let's see. The traffic control, Specialty Construction, and a quote of 4,300 dollars to take care of the -- the traffic during the parade, which is up just a little bit from last year. To go back, what we have done since last year, we -- we donated about 7,600 dollars, the Dairy Board did, to local youth 4H, Meridian FFA -- we donated 600 dollars to the Meridian Food Bank and also 600 dollars to the Meridian Burn Out Fund, which was the proceeds of our pancake feed. For this coming year we again will donate any -- any money left over for the -- to the food bank, as well as the Meridian Police Employee Association injured and fallen officers. So, we donate quite a bit back. That does not include the 33,000 we donate every year to the county and to the city in the form of property taxes. We have some exciting changes for this year. We will have a new carnival. I know the city's been very excited about how great they have been working with them. They got their permits in long before even I got going. De Weerd: Yeah. And I haven't gotten a phone call. That was awesome. Bruijn: Well, we will hope to keep it that way. We are teaming up with the Meridian Arts Commission. They will do an arts in the park during Dairy Days. Also the Treasure Valley Youth Theater will put on some events that day. The Meridian Lions Rodeo will change the dates to June and go hand in hand with Dairy Days. I think we are good partners and would be able to, you know, help each other out in advertisement. Racing will move from Wednesday to Saturday. The thing that a lot of us are excited about is the parade route is going -- is changing again a little bit. It's going back to what it used to be. We are going through Storey Park, out Main Street, with the approval and support of the Meridian City Council Special Meeting May 17, 2016 Page 11 of 48 Meridian Police Department. They are excited about it. We again will have free fireworks after the parade and some entertainment. We got -- I guess there is a big sponsor, the Mountain America Credit Union came aboard just this past week, so we are excited about having them as a partner. Jerry, if you have any -- Mattison: I want to thank everyone for their support in the past and what was done last year, I believe the Council agreed to pay -- well, I guess by ordinance they have already approved any salary and -- as far as police overtime, Parks Department employees. That's -- we have been grandfathered into that, so that is already covered. I believe last year a motion was made to pay up to 9,000 in expenses, most of which was the traffic control for the safety of the parade and that -- I think the change in the route this year caused the slight increase in the cost of traffic control, because we will be coming through the intersection of Franklin and Main Street. Bruijn: Any questions? De Weerd: Council, any questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, is the amount that you're asking for the amount of the traffic control? Mattison: That would be simpler. Last year they did 9,000, that would encompass salary and traffic control, which to me is kind of convoluted. Traffic control is all we really need coverage, because the salary has already been taken of. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Last year we -- Charlie up'd it a little higher, because we didn't really know -- we had not got Specialty Construction's firm bid at that time, we really didn't know what we -- what they were going -- because we had changed the route and we was coming back through and stuff, so that was the reason. Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council Special Meeting May 17, 2016 Page 12 of 48 Milam: Then I move that we approve the Dairy Board request for cost share for the annual Dairy Days Parade for the not to exceed amount of $4,338.75 to cover traffic control. Bird: Second. Nary: Madam Mayor? De Weerd: I would also -- I don't know where the money is coming from, so -- who just said Madam Mayor? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: So, Mr. Mattison was correct and the -- the ordinance that we have passed previously that allows the -- the dairy show -- or the Dairy Board's application to not have any cost attached to it, only applies to the permitting, not to the personnel. So, that's why last year the Council agreed to -- that we had traditionally provided personnel, both the Parks Department personnel, as well as police and fire. We have provided that, but you did specifically direct that, because that's not in the ordinance. The ordinance on ly applies to the fees for use of the park and that's the way. So, if you would like to include that, that would make it clearer to the -- to the staff that you -- the traditional use of the -- of personnel that we have done is still allowed and, then, th e additional cost, as Mr. Bird stated, last year we did make it a little higher just to make sure we would have enough, because we didn't know -- we actually last year anticipated being up to 5,000 dollars for this traffic control and, then, that number wa s a little bit lower and this number is still under what you even thought last year. So, personnel -- the personnel that's used of the city, as well as the traffic control, would probably be the better, clearer motion forward for what we are providing. Milam: Madam Mayor, I would like to amend my motion to include the personnel with the -- that police, fire and parks department that are used during the parade. Bird: You don't have to amend the amount. Nary: We don't know the amount. Just to personnel. Mattison: The personnel would be more than just the parade. I would assume it's also for Dairy Days, not just specifically for the parade. Milam: Oh, for Dairy Days. Sorry. Shall we just start over? Withdraw my motion. If I can do this again. Meridian City Council Special Meeting May 17, 2016 Page 13 of 48 De Weerd: So, Mr. Nary, I guess do we know what budget this came out of last year? Nary: Madam Mayor, in looking at the information -- De Weerd: Council doesn't have a budget, unless you want it out of your pay. Nary: Yeah. There isn't a -- there isn't anything -- Madam Mayor, I apologize. In looking at the material that we have provided to the Dairy Board last year, it didn't indicate where the city was getting the funds from, but I do recall Councilman Rountree just saying we will find the funds, so I think that's all he said. De Weerd: So, I guess -- Borton: Madam Mayor? De Weerd: I don't know where they are coming out of right now, so we could delay this until next week and maybe come back with some ideas. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: To that end -- and the presentation here and their present, I think we are all on the same page. I would move that we approve the reimbursement expense from Specialty Construction of the 4,338.75 and to include the personnel cost of city personnel utilized in the normal course to assist with the Dairy Days event and that the dollar figure and source of funds utilized in previous years be brought back next week -- unless you know that answer. And, then, we can take action on it next week. Nary: Madam Mayor, Members of the Council, I have an e -mail here from Finance. They have enough in the police department professional services -- since this is, essentially, a police security service, so Mr. Lavoie said they will have enough in the budget to be able to take care of that. De Weerd: As long as that has not been identified for something else. I just -- I'd rather come back next week and verify the cost. I would like Council, then, to also -- if this is going to be an annual thing, we should have a budget set for it. Nary: Madam Mayor? De Weerd: Instead of doing this every year. Nary: Madam Mayor? Meridian City Council Special Meeting May 17, 2016 Page 14 of 48 Bruijn: And we hope it will be an annual -- Nary: Madam Mayor, Members of the Council -- so, Todd just sent me the -- the portion out of the budget. They have a line item for traffic control for Dairy Days in the police budget. De Weerd: Okay. Nary: They have last year's amount, which is $4,019.25. So, the difference is 320 dollars. Bruijn: That's the difference between what Specialty's charged last year and this year. Nary: So, they would need to bring a budget amendment for 320 dollars or -- or not. I mean that small an amount normally you don't do a budget amendment for. As long as you authorize the overage. De Weerd: Or say we will spend up to the budgeted amount. Borton: Madam Mayor? How do we account for it? Do we need to account for the personnel expenditures? That's a different item. Nary: Madam Mayor, Members of the Council, yeah, those are -- those overtime dollars come out of the personnel budget anyway and those are carried over year by year, so the amounts aren't significantly different year by year and they really are already in your budget for overtime for police and fire and parks. Parks is probably the most, but, then, they are -- most of them are seasonal personnel and those are really just park personnel for clean up and bathrooms and trash and those kinds of things, so those are already budgeted in there for overtime. De Weerd: I don't know if they are budgeted for this particular overtime when they forecast out, unless they were directed by Council to make sure t hat this is considered every budget year and I can't answer that right now, so -- Borton: Madam Mayor, we are tripping over ourselves. Bird: Yeah. Borton: We don't need to. If a week delay to get the answer and the motion clear, then, let's table it a week and state it more succinctly next Tuesday. But I think the representation from the Mayor is we are all supportive of continuing to fund this in the normal course as we have before and appreciate everything the Dairy Board does with this event. So, next week we can accomplish the same thing. Meridian City Council Special Meeting May 17, 2016 Page 15 of 48 Mattison: So, do you want us back next week? De Weerd: No. Bird: You don't have to come back. De Weerd: I mean you are always welcome. Bruijn: Thank you. Item 9: Items Moved From the Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 10: Action Items . A. Public Hearing Continued from May 3, 2016 for Maverik (H-2016-0027) by Maverik, Inc. Located 1515 E. Fairview Avenue 1. Request: Annexation and Zoning of Approximately 3.907 Acres of Land with a C-G Zoning District De Weerd: So, we will move into Item 10-A. It's a public hearing continued from May 3rd on H-2016-0027. I will turn this over to Josh. Beach: This is the 10-A for Maverick. De Weerd: Oh. This is requested to continue to June 7th. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue H-2016-0027 to June 7th, 2016, as the applicant requested. Borton: Second. De Weerd: I have a motion and a second to continue this item to June 7th. All those in favor say aye. Any opposed? I even heard an aye from the back of the room. Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council Special Meeting May 17, 2016 Page 16 of 48 B. Public Hearing Continued from May 3, 2016 for Volterra Subdivision (H-2016-0033) by Bridgetower Investments, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road 1. Request: Amend the Recorded Development Agreement (Instrument #106034786, Amended as Instrument #11101393) to Allow Right Out Only Access to N. Ten Mile Road for the Office Lots Approved with the Volterra South Subdivision De Weerd: Item 10-B is a hearing continued from May 3rd on H-2016-0033. I will ask for staff comments at this time. Beach: Good evening, Madam Mayor, Members of the Council. This is a development agreement modification request. As you see here on the slide, this is a development agreement that covers a very large area, it's about 186 acres of land and its various zoning designations, R-4, R-8, L-O, C-C, C-N, C-G, which is located on the north side of McMillan Road and as well as the south side of McMillan Road and on the west side of North Ten Mile Road. A little history on this. In 2010 portions of this property received preliminary plat approval, rezone approval and an additional preliminary plat due to the size and, then, also in '10 there was also a development agreement modification approved for this. The mixed use -- the Comprehensive Plan future land use map designation for this property are mixed use community and medium density residential. The applicant is requesting an amendment to record a development agreement to allow a right-in -- or, excuse me, a right-out exit only access to the North Ten Mile Road where the office lot approved with both the Volterra So uth Subdivision -- and I will zoom in a little bit here, too, but it's this parcel here, if you can see where my cursor is. This is the property. The proposed access was not proposed by the applicants, nor was it discussed by Council. This is the Volter ra South Subdivision. The applicant has provided an exhibit here that demonstrates how the accesses serve the office portion of the development. The Ada County Highway District staff has approved the right-out only access as proposed by applicant. Per UDC 11-3-A-3 the City Council has the authority to grant access to an arterial roadway, which Ten Mile Road is. Therefore, staff has crafted the proposed development agreement provision, which the Council should consider if the Council grants the right-out only are existing conditions in that development agreement and nine would be the added condition that they are allowed that right-out exit only access point to Ten Mile Road. With that staff is recommending approval with -- with those conditions and I will stand for any questions you have. De Weerd: Thank you, Josh. Council, any questions? Bird: I have none. Meridian City Council Special Meeting May 17, 2016 Page 17 of 48 De Weerd: Okay. Is the applicant here? Good evening. Munger: Madam Mayor, Members of the Council, I'm Matt Munger with WHPacific. We are the engineer for -- of record for the project. Oh. My address is 3699 South Firenze Fringe Way here in Meridian. De Weerd: Thank you. Munger: The reason that the applicant has asked us to bring this forward is they started getting inquiries from different businesses to locate on that parcel and the concern that those businesses are having is that the -- the parcel only has one entrance and that's off of Vicenza Way. So, the request originally was for a right - in, right-out, but through working with staff at ACHD we determined that a right- out was a better use to that property and not the right -in. There is plenty of access to come into the property from the north off Vicenza Way. This would allow people a second exit as the development fills out. We anticipate stacking on Vicenza Way blocking that exit and since there is only one exit on the property we felt it was good idea to come forward with that. With that I would stand for any questions. De Weerd: Thank you. Council, any questions? Bird: I have none. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just briefly. Is there -- I'm certain there is a more defined depiction than this exhibit of the right-out that would prohibit a left in as you travel north on Ten Mile? Munger: The portion of what would prohibit that is the highway district, when the road extends -- or when it becomes improved, a center turn median would go in, similar to what they have done on Eagle Road to stop left turns. Borton: Okay. De Weerd: Okay. Any follow up? Okay. Thank you. Munger: Thank you. De Weerd: I did have a couple of people that did sign up. When I call your name if you would like to testify would invite you forward. Michael Wasnea. And, Michael, if I said your last name wrong I apologize. Meridian City Council Special Meeting May 17, 2016 Page 18 of 48 Wasnea: Close enough. De Weerd: If you will, please, state your name and address for the record. Wasnea: Michael Wasnea and I live at 3356 West Grand Rapids Drive and that's in the Drawbridge Subdivision, which is immediately south of where the proposed right-hand turn is planned, and I have talked to -- I'm speaking for the HOA. We have a concern that this right-hand turn only lane is going to affect our ability to get out of our subdivision. The street is a cul-de-sac, so we have to go in and out on Grand Rapids onto Ten Mile. Ever since the freeway on ramp was connected on Ten Mile, Ten Mile has become a pretty major thoroughfare. It's busy all the time, particularly in the morning and the afternoon. I go out every mornin g and sometimes I have to wait quite a while to get out. My wife mentioned she had to wait through 24 cars to go by to be able to dart out. The concern here is as the Volterra Subdivision gets developed there is going to be hundred s and hundreds more people all coming over to Ten Mile to come down to the freeway to get to work. Okay. And the people right behind my subdivision are going to be coming out Vicenza Way, the planned entry and exit for this subdivision, and they are going to want to make right and left-hand turns. That main exit is about 500 feet north of Grand Rapids, my street. So, we have to wait for a space in between traffic as people come down Ten Mile, stop at the light at McMillan, let people come from McMillan, turn, light turns green, traffic comes down there, they are first to have to -- be able to get into a space to pull out. We are second to that. If the right-hand turn goes in and there is people there wanting to get out to use that to get out, we are going to be farther down the food chain there to try to get out and that that bubble in between a couple of cars is going to be taken up by those people. Now, you might not think that there is going to be too many cars using that, because it's a parking lot for a light commercial area, but human nature being what it is, as people are backed up on Vicenza Way, the proper way to get in and out, somebody is going to get the bright idea of, man, I'm just going to come in through the parking lot there and take that right -hand turn. So, you know, we can envision ourselves trying to get out at 8:00 o'clock in the morning and, you know, waiting for a break in traffic to try to squirt out there and where there might be a break maybe the people in that right-hand turn lane they are going to take that. So, this is going to be a problem. It's not terrible right now, but the ACHD tells me that they don't plan on widening Ten Mile from Ustick on up to Chinden -- the last part of Ten Mile for -- they are not going to start for six or seven years. Well, by that time there is going to be a lot of houses in this area and including north of Walmart. That's all going to be houses and all those people are going to come down Ten Mile passed Grand Rapids and we are going to have a heck of a hard time getting out. So, that's our concern. I don't know what the answer is. The answer is to get ACHD to widen the street a lot sooner, but you probably don't have the power to do that. But I wanted -- we wanted to bring that up just so you're aware of it. Meridian City Council Special Meeting May 17, 2016 Page 19 of 48 De Weerd: Sir, I see that you have a stub street that goes to -- that stubs to the north into that. Wasnea: Yes. De Weerd: Will that connect? Wasnea: No. De Weerd: And did your neighborhood testify so that it wouldn't connect? Wasnea: Yes. De Weerd: Okay. Wasnea: This is an old photograph there. The houses are -- houses are being built in that area right there already and the streets are already in and that's a greenbelt area. A real nice greenbelt area. But that will never connec t. De Weerd: Because that would have been your other opportunity. Wasnea: Right. Originally that was the city's plan, but at the time -- I think it was around 2010 we all asked that that street not go through and, fortunately, you agreed to that and we would not change that now. We like our little neighborhood. Nobody comes down our street unless they live there or they are lost. But the other side of that is now there is only one way in and out and now that traffic is picking up, you know, we are going to pay the price for that. Like I said, it may be fine in seven or eight years when ACHD decides to widen that section, but until then it's going to be pretty tough. So, I don't know if this is going to be a big deal or not, but we just see it as possibly adding to the -- difficulty of trying to get out of our street. De Weerd: Okay. Any questions, Council? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Michael, maybe walk me through your example about -- if -- let's say there is six cars backed up on Vicenza Way -- Wasnea: Uh-huh. Cavener: -- and one or two of those cars, then, decides to exit the parking lot, you still have six cars. So, I guess I'm trying wrap my head around how this right-in adds to more traffic. Meridian City Council Special Meeting May 17, 2016 Page 20 of 48 Wasnea: I understand. Well, the way we see it, as you have traffic coming down from McMillan, you know, eventually, there is a -- a break and, then, the people in Vicenza Way, they will take -- make their turn and come down, okay, and, then, after there is another perhaps short break, then, the people using the right- hand only turn will take their turn, meanwhile, we are still waiting for a break in traffic south of that on Grand Rapids. So, that we figure that may eat up the -- the break in traffic. By then other people are -- are turning from McMillan, they are coming down and that's how we see it. You know, if I was backed up on Vicenza Way and I saw that -- nobody was in that right-hand turn lane, I mean I would cut down there. So, if I would do it, I think a lot of people would do it. Cavener: Okay. Thank you. De Weerd: Okay. Any other questions from Council? Thank you. Wasnea: Thank you very much. De Weerd: Anna Harris signed up against. Deborah Nelson signed up against. Okay. Is there anyone else that would like provide testimony on this item? Okay. Would you like to make final comment? Munger: I would just stand for any questions if there are any. De Weerd: Council, any questions for the applicant? Bird: I have none. Munger: Thank you. De Weerd: Thank you. Okay. If there is no further questions for the applicant, or staff, I would entertain a motion to close the public hearing. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on H-2016-0033. Milam: Second. De Weerd: I have a motion and a second to close the pubic hearing on Item 10 - B. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Meridian City Council Special Meeting May 17, 2016 Page 21 of 48 Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, I move we approve file H-2016-0033. Bird: What conditions? Second. Palmer: As presented. De Weerd: I have a motion and a second to approve Item 10-B. Any discussion? Madam Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palm er, yea; Little Roberts, yea. call De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 11: Department Reports A. Human Resources: Process on Establishing Policies Discussion De Weerd: Item 11-A is under our Human Resources Department. Is this the policy on policy? I notice you didn't title it policy on policy. Ritchie: No. We titled it establishment of citywide policies. So, Madam Mayor, Members of the Council, thank you so much for having me this evening. I stand before you today on behalf of Human Resources and our Legal Department to present to you a new citywide policy for your consideration. As I just mentioned, the title of that policy, which is included in your packet, I believe, is the establishment of citywide policies. A recommendation that came from the McGladrey audit was for us to formalize and document a policy on the establishment and implementation of citywide policies. So, together the Human Resources Department and the Legal Department have crafted what we have presented to you today. As a part of this process this policy has been presented to the senior leadership team. It's been vetted through them and so we stand before you today with what we would like to present to you and request your consideration for approval and if you are in agreement we will schedule it for a future meeting for resolution and adoption and, of course, I stand for any questions. De Weerd: Council, any other questions? Meridian City Council Special Meeting May 17, 2016 Page 22 of 48 Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Crystal, the only thing I noted in -- if I recall the -- one of the opening paragraphs made reference to the individuals that can recommend the -- Ritchie: Uh-huh. Borton: -- analysis of a policy and it was -- I believe it was directors. Has there been occasion -- and, Madam Mayor, you may know this -- where the Council has been the source of initiating a potential policy to be vetted through this process or the Mayor herself? Bird: Yes. Borton: It listed directors, almost as though it excluded others. I don't think that would be the intent, but -- Ritchie: So, Mr. Borton, not to my knowledge. I assume with the city. I would defer to either the Mayor or Bill, based on their knowledge prior to my arrival to the city. Nary: Madam Mayor, Members of the Council, I think the only one -- and I think it still went through the same process, but we have talked about either it's a conflict of interest and those types of things, the Council's raised a question, but, then, we still went through the exact same process. So, it went through the department directors and it was prepared by either myself or another director and, then, it went through the same process. So, even though the Council may have brought up the idea, we still went through all of the same steps. Borton: Well, Madam Mayor, that was -- that's good and that's -- I just wanted to make sure that process is preserved for obligating the Council to utilize that and not being able to skip steps. Ritchie: Thank you. De Weerd: That's detailed in the process on process. Any further questions? Nary: Madam Mayor, Members of the Council, would you like us to bring it back in two weeks, a week, or -- we just need a resolution to actually implement. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council Special Meeting May 17, 2016 Page 23 of 48 Bird: I'd like to see it come back in a week in a resolution. I think we have had time to -- and it's a very -- very short, sweet, and to the point policy that I like and anybody that can't understand it -- and I can -- I can say Human Resources had to write this up, not a legal. Nary: Thanks. Thank you, Mr. Bird. I actually wrote it. It was one of your counsel men. Nary: It was -- it was shorter than the other two policies we have in different departments that are longer on how to create policies. Bird: Anyway, it's -- everybody should understand it. It's very clear. Very good. Thank you. Ritchie: Okay. Thank you. Bird: Bring it forward with a resolution. B. Continued from May 10, 2016: Public Works: Discussion on Design Standards De Weerd: Thank you, Crystal. Okay. Item 11 -B is continued from May 10th and I will turn this over to Warren. Stewart: My presentation just got crashed. De Weerd: Oh. Stewart: And I didn't even bring a printed version. Bird: I got it here. Stewart: My printed version? Oh, not that. No. It's the presentation part. You have got the design standards. Bird: Oh. Stewart: Which I'm grateful for. I will just try and wing it. So, I really was going to come before you tonight, Madam Mayor and Council, and give you just a very brief update of the presentation that I gave to you a few weeks ago -- if I can get it to forward. Which I can't. Can you forward that, Tom? Thank you. Just real briefly and, then, answer any questions that you may have. I know that Dave Yorgason from the BCA is also here, probably going to make some comments and -- and I will, you know, follow up with any answers to questions that you may have after that. But I wanted to reiterate why we created the design standards in the first place. It was really in an effort to try and help improve the whole process Meridian City Council Special Meeting May 17, 2016 Page 24 of 48 of submitting plans and specifications to the city and getting them through the review and approval process smoother and also to provide a place where individuals who are looking to prepare plans that -- that want to submit to the city could acquire the information that they needed to submit them as accurately and correct the first time as they could. So, we started on this process quit e a while ago to create the design standards and to make this a process that was an improvement, not only for us and the city, it allows us to have a single source, a single repository for information, but also be a help to design professionals. It still won't work. So, this is just a brief reiteration of the timeline, which we went through -- and I thought I highlighted it. It didn't save, obviously. But what I want to focus you on is a lot of this information was in the last presentation, but, essentially, the last four or five bulleted items on the right-hand side are the steps that we have taken since we, essentially, created the design standards policy and put it out on the website and made this presentation to you a few weeks ago. We did receive some additional comments from BCA members. We met with those BCA members to address those comments, composed some responses and got them back to them and have redrafted the design standards based on those modifications. Tom. He's not used to that role. From the original focus group meetings we, you know, had a little over a hundred different comments that we addressed that we felt like we were able to address about 88 percent of those favorably. In other words, we were able to make movement in the dire ction that was requested. During this last review we received approximately an additional 25 comments from the BCA. There were comments -- some of them were really questions. And I think we were able to satisfactorily address most of those. Some of them there were questions that were very simple to just answer yes or no or whatever the case may be. We did make some modifications -- additional modifications to the design standards based on those requests. Probably the last -- if you want to hit the slide again, Tom. The last remaining issue that we have I think -- I will try and characterize this correctly. We have, I think, come to essentially agreement with the BCA. I mean I think they understand where we are coming from. I know they would like things to be a little bit different than what they are, but I think at least they -- they understand where we are coming from and I won't try and put too many words in Dave's mouth, he can tell you a little bit more about that. But I did want to let you kno w during the last presentation we talked about future steps and most of those steps now have been completed. All of them, except for City Council adoption and so I'm, essentially, here tonight to get your direction to go ahead and prepare a resolution in ordinance language that we can bring back next week to adopt the design standards and with that I will stand for any questions that you may have. De Weerd: Thank you, Warren. Council, any questions? Okay. Thank you. Stewart: Thank you. Bird: Madam Mayor? Meridian City Council Special Meeting May 17, 2016 Page 25 of 48 De Weerd: Yes, Mr. Bird. Bird: Warren, I want to thank you for getting these out to us early where we had time to really go through them and vet them, because there is a lot in there and thank you very, very much for doing that. I hope we continue to do this when stuff like this comes up. Thank you. De Weerd: Well, hello. Yorgason: Well, hello there, Madam Mayor -- De Weerd: Welcome. Yorgason: -- members of the Council. Thank you. For the record Dave Yorgason representing the Building Contractors Association of Southwest Idaho today and I am here to let the Mayor and Council know that we truly appreciate the effort of your staff. We know that we will never always agree with everything. There is really only one big item that we know that we probably will never find resolution to and that's the specifics of the streetlight standards. I don't want to get into all the history of that, unless you would like to, I would be glad to answer any questions to some of that. Having said that, though, I just want to go on the record about the streetlights, maybe some day there will be another standard, putting that on the side, we truly appreciate all the time, all the effort from your staff. They have been a pleasure to work with. We did have a lot of questions, as, Councilman Bird, you mentioned, there are a lot of changes and it's not so much changes as to how things will be done, but just maybe clarifications, and so don't see massive changes in how things are going to be done here in t he city, but mostly just clarifications. So, we just wanted to just, again, on the record say thank you. Stand for any questions you have. De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: David, what on the streetlights -- on streetlight standards was BCA -- to be truthful with you, Warren and I had discussed this. I'd like to hear what your version is on the streetlights. Yorgason: Madam Mayor and Councilman Bird, thank you for asking the question. I am not going to pretend to be an engineer. Bird: Thank you. Meridian City Council Special Meeting May 17, 2016 Page 26 of 48 Yorgason: I'm not a builder, but do a lot research to try to be somewhat educated when I come and stand on issues. It's my understanding there is something that's been created by a group of -- a body of people and it's a standard -- it's called RP-8-14, if I got the reference correct, Warren. RP stands for recommended practice. It's not a standard, but it was adopted by ANSI standard board as something for consideration. That's a short version of it. The reality is there is lots of different levels of lighting requirements depending upon the type of street, the width of the street, the speed of the street and I get all that. Having said that, it does have some reference in the standard -- and I didn't bring it with me here. There is some reference in there where it talks about two parts. One is we don't believe that headlights on a car are being considered. So much of this is additional lights to your exact point, because we believe the between lights is being required in local residential streets. Bird: Okay. Yorgason: If you want to talk about other streets, the arterials, well, we didn't have any discussion on that, because we recognize the desires and need for that, but specifically there is reference to roads that have less than 30 miles an hour streets. The Council -- or the governing body has the authority to deviate. That's what it says, paraphrasing again. Having said that, we understand, Warren, the desire to have some reliance upon a standard. When you look up, Google it, whatever, this is the only standard you can see anywhere in the world -- I have looked. I didn't pay the whatever -- 60 or 75 dollars that I had pay to buy it, but I bought a sample version of it. I downloaded a smaller version of it, so I could at least be somewhat familiar with the -- the background requirements and so having said that, it's the number of lights on a local residential street which is still frustrating. Bird: Follow up. But, David, don't you -- don't you believe that when you look at public safety for lighting for people walking sidewalks -- we require the sidewalks and stuff in there, there is no guarantee that we are going to have auto lights there all the time. So, for safety reason we have to -- and maybe we are overlighting, don't get me wrong, I'm not an engineer either. I mean we overlight -- we overlit, in my opinion, Meridian Road, but that was our own fault. We -- De Weerd: No. Bird: We -- Yorgason: You got the Mayor's attention with that. Bird: Yeah. I know it. Anyway. I just -- I feel that we got to be -- make sure that we are safe for pedestrians walking there and we can't always guarantee that there is going to be automobile lights helping with the light myself. That's -- that's the one reason I -- when Warren and discussed it I wasn't too upset with it, Meridian City Council Special Meeting May 17, 2016 Page 27 of 48 because strictly for young people and stuff walking on -- and we encourage people to get out and walk on the sidewalks and stuff, we got nice sidewalks and stuff, and I want to make sure it is lit, so that they feel safe and there is not always a car coming down. Yorgason: Madam Mayor and Councilman Bird, if I could address that briefly. Clearly we are on the same page as you as far as concern for safety. I also know that most pedestrians -- this is what it is mostly about, it's all about pedestrian safety, dogs, whatever, but specifically it's pedestrians is what almost all of this is about. People cross at the intersection more than they do in the middle of the street and that's -- that's -- clearly intersections are well lit. No discussion, no debate about that. Even if you want to talk about a street that has some kind of a curb or a bend, again, from our perspective no discussion or debate about that. But when you have straight streets -- we are just talking certain spacing of streetlights outside of the intersection, so in between intersections, that's the spacing that we are referring to. Again, we understand the need for safety, we are not questioning that, we are just putting a lot of lights in. Bird: Yeah. Yorgason: And we recognize other states across the country -- putting that all aside, in our Treasure Valley here, no other city has adopted these standards. Meridian is the only one. Now, maybe you're progressive and maybe you will be the first of many, I promise you until the day I die Eagle city will not adopt these standards, because they are proud of their dark sky. They are proud of fewer lights, not more. De Weerd: Well, that might be a better reason to do it. Yorgason: I needed to open the door for a little chat there, but it could happen. But the point is that every city has the right -- and will make their own decisions and so we -- we are just saying that on those straight streets it just seems a little excessive from a practical perspective. De Weerd: And I think with emphasis on our families and the safety element, you can walk through some of these newer subdivisions that have better overhead lights and you're not dependent on people changing the bulbs in their -- their yard lights, because our streets can get really dark and if you think in terms of families walking out at night -- and my husband and I walk in the evenings now that the evenings are getting longer, it's -- it's not so much an issue, but it can be really dark out there. Yorgason: Madam Mayor -- and I don't disagree with that, especially in the wintertime. I would fully acknowledge that. Again, I'm not here to debate this point. Glad to have that discussion if you truly want to. But we just recognize -- Meridian City Council Special Meeting May 17, 2016 Page 28 of 48 when I look at decorative lights, for example, there will be more decorative lights just trying to meet the standard most developments put in. I still want a beautiful looking neighborhood with the ones I build. I think about lights that are on a photo cell on a home, you get a significant amount of light on a street, now you lose the ambiance of having the -- the low voltage or the landscape lighting or the uplighting, whatever you might have, the indirect lighting on a home will not be as impactful. So, from an artistic perspective that's, frankly, a negative. That's just something you will not see as much here in the city and if you do low voltage lighting still, it won't have the same effect. De Weerd: But we will have safe families. Yorgason: I don't think I want to go there. Again, thank you for your time and we do truly thank and support the staff for all their effort here. De Weerd: Thank you. Any other comments? Barry: Madam Mayor? De Weerd: Yes, Mr. Barry. Barry: I just wanted to thank Dave Yorgason and the BCA for their continued involvement in all of our work together. I think we have developed a very good partnership with them and while we may not always agree on iss ues, I did not want to not recognize him and his effort and the efforts of the BCA and certainly all the developers. We have a -- I think a very good thing going with our BCA locally and I hear horror stories around the state from other BCAs that don't ge t along well with the cities and I'm just really pleased that we have a strong working relationship and we do try to -- where we can make as much ground and in-roads together as possible and where we can't we -- we agree to disagree and let you figure out the difference. But I'm just very grateful for his involvement and for the BCA's involvement and all the developers who participate in the focus groups. De Weerd: And I would thank you, too, Dave, and if you would bring it back to your board. I know that they have expressed that they appreciate the working relationship with the city. They have wanted that improved communication to make sure that they have an opportunity to -- on the early end of things, have an opportunity to make comment and -- so, they are not reacting, they are part of the -- the conversation. So, appreciate that greatly. Thank you, Warren. Nary: Madam Mayor? De Weerd: Mr. Nary. Meridian City Council Special Meeting May 17, 2016 Page 29 of 48 Nary: Madam Mayor, Members of the Council, just so you will know -- anticipate what you will see on next week's agenda, we will have an ordinance amendment. We already have a provision in our code for our construction standards. We will be inserting the design standards into the same code section, adopting that as part of our -- our city code and, then, there will be a resolution adopting these design standards and it will indicate in the code that you may periodically change these by resolution whenever that's necessary. We don't change the construction standards by resolution, because those are actually state developed standards that we also are a part of, but those things change in a different manner than -- than through the resolution process. But these will be done that way. So, you will see two items next week, an ordinance amendment and a resolution. De Weerd: Okay. Any further comments on this item. No? Anything further, Warren? Stewart: No, Madam Mayor, I'd just stand for any questions that you may have. There is -- you know, obviously, things that I could explain about the RP -8-14, but if you have those questions I would be happy to answer them, but I will let you guys decide whether you have had enough information or whether you would like some more. De Weerd: Okay. No? I think this will be placed on the agenda next wee k for the resolution and amending ordinance. Okay. Thank you. And thank you, Dave. C. Public Works: Reconsideration of a Budget Amendment for the Purchase of a Sewer Cleaning Truck for the Not- to-Exceed Amount of $500,000.00 De Weerd: Okay. Item 11-C is under our Public Works Department as well and I'm turning this over to Mr. Barry. Barry: Thank you, Madam Mayor, Members of the Council. I am very grateful to be back in front of you. I appreciate your giving us the opportunity -- both the staff and I are pleased to present back the budget amendment for the sewer cleaning truck that we presented in February of this year. I wanted to share with you a couple of updates since we last spoke to you about this and see if we could get you to reconsider this particular amendment. Just wanted to give you a brief recap of what we spoke about in February, just kind of very quickly. Recall that, essentially, we have had accelerated growth that's been continuing for some time and has, essentially, compromised our ability to maintain the existing sewer cleaning standards that we have in place since 2009. If you look here, these are two graphs that we pulled just recently that show cumulative residential units that have been added and also commercial residential units, cumulatively, that have been added to the city since 2009 when the first sewer truck was put into service Meridian City Council Special Meeting May 17, 2016 Page 30 of 48 with the city. You see, this is phenomenal growth and this has slowed down our ability to keep the cleaning of the sewer lines on pace. To put it perspective, in 2009 we had 258 miles of sewer lines. Today we have almost 70 percent more lines, about 439 and we haven't added a single sewer cleaning truck, so we are trying to maintain the same standard, but with one vehicle and a whole lot more lines. Obviously, that's going to have an impact on our cleaning schedule, so the more lines we add with the resource, the less we are able to keep up with the schedule that we had developed in 2009, which is a three year schedule. Also, we had mentioned that the vehicle is aging and, of course, it reliability has become compromised with age. It happens with every vehicle, pump, system, so as the vehicle ages -- and it is a vehicle that gets constant use. It's always being utilized. You will see this thing out and around the neighborhood all the time, about eight to ten hours every day, five days a week. So, it gets constant use and, again, that increasing age is creating a bit more of a challenge for us. We do not have a backup as we mentioned to you back in February, but occasionally if we have a truck available for rental, we do go out and rent a truck to -- for emergency or for keeping the schedule on track as we move through the system. So, the current impact are that our cleaning schedule has slipped. I mentioned to you it's a three year cleaning schedule. It's down to -- or, excuse me, up to about 4.4 years and the vulnerability to risk and the liability of our sewer system is increasing also, since we don't have as reliable a vehicle. More importantly it's really about keeping the service standard that we have maintained, which is already kind of a high standard and the additional costs that are being incurred in order to keep pace with these service standards that we have -- that we have established. I shared this regional benchmark standard with you. The three points I just wanted to remind you about this is that in the Treasure Valley, essentially, we have the fewest trucks, we have the most miles per truck traveled, and we have the longest cleaning cycle of all the other cities. This is significant and this is -- this is taking a toll on our ability to keep pace with the service standards. You will see that that's about 4.4 years. In some cases the standards are one to two years in the Treasure Valley. So, what's new in the reconsideration? I have shared -- we have already shared that information with you. It was kind of new here. One of the things that's new is we have been talking with the vendor of the vehicle -- or vehicles that we are looking at and there is about a three percent price increase that's been -- we have been noticed about that will take effect in June. So, next month. We want to try to beat that. Also, there may be a second price increase effective December of 2016, which may or may not have an impact whether we move this up in the schedule or if we keep to the current -- or what you have directed us last time, which is to include it as an enhancement. But that three percent -- percentage number is about -- on 500,000, about 15,000 dollars for the overall increase in price. So, that's certainly an avoided cost, particularly since we know that the need exists today. We also went back and did a little bit of analysis on our down time and we have got the down time impact. So, what you can see over time, just as I mentioned earlier, with the previous information, is that as of the -- the single vehicle that we have ages, it becomes a little less reliable and that increases and not only adds Meridian City Council Special Meeting May 17, 2016 Page 31 of 48 time to the schedule, but it also increases the vulnerability of our ability to respond to emergency situations by sanitary sewer overflow. Also, you can see that the rental costs increase in order to hover and try to maintain that standard, but we are simply not able to maintain the standard, which is why it's slipped almost a year and a half. So, rental costs are an additional increase to the overall program. So, there was some questions at the last Council meeting about, well, you know, how about renting it out or outsourcing it or borrowing equipment, so I want to touch base on that really quickly. We do occasionally rent a vehicle that's available to us. There is only one in the Treasure Valley that's currently available. We tried to rent it during a recent incident that occurred where the truck was down for another week. We could not rent it, because it was already rented by someone else, so, essentially, we were stuck. But, essentially, when we do rent the vehicle it costs us about 3,833 dollars per week to a seven day week. If you look in the box in the upper right, the current program costs to, essentially, clean a sewer line, currently costs 35 cents under our current program, so if we have to lease or rent out a vehicle that costs us about 56 cents per lineal foot. If we outsource it -- meaning we call up and say pipeline or some other sort of vendor, say, look, we just need you to cover this, whether it's an emergency system response or whether it's a -- to try to maintain the cleaning schedule, that's going to cost us 67 cents per lineal foot. There was some conversation about maybe we could borrow one if we -- you know, maybe some people will have something that we could borrow. The reality is -- and I think ACHD was brought up. ACHD has storm water cleaning trucks. Their trucks are used to clean storm water system s. They are not equipped, nor do they recommend or would like to have their trucks contaminated, in their words, with our sanitary sewer or wastewater. So, they have told us that they would be open if they had, on an emergency basis and availability loaning us one of their storm water trucks, but that they, you know, didn't disclose what it might cost for sanitizing and all of that sort of stuff, but for emergency purposes that is p ossible. Regional sewer cleaning trucks are also very scarce. I mean that's why the one truck that's available for rental and so on an emergency situation we do feel that we might be able to acquire a truck from another jurisdiction. Again, keep in mind that will increase our response time in acquiring the truck, bringing the truck over, making sure it's available, and sometimes billing for cost, because we will have to use their crews on their vehicle. So, there is a financial impact. This is what we spent the last few weeks trying to work up. I think a memo I sent out -- I want to say last month helped to try to quantify this. There is two scenarios here. There is the one whereby we are attempting to move this vehicle purchase up in the budget or in this fiscal year, that means order it May of 2016, which would be this month, get delivery of it in November of 2016 -- the payment is upon delivery. So, that payment doesn't get charged to the city until we take delivery of. So, we are paying the bill in FY-17. There is not a payment that we are going to make in FY-16. There is no down payment and, therefore, we pay in full when we take delivery. So, the rental costs that we have incurred from October of this fiscal year to May of this fiscal year is about 7,600 dollars and we anticipate that we will probably have to incur another 1,100 -- or 11,500 dollars on rental. So, Meridian City Council Special Meeting May 17, 2016 Page 32 of 48 regardless, if we were to order this thing, you know, say next month, we are probably looking at about 20,000 dollars of rental time just from the reliability of the existing vehicle. Now, if you compare that to just delaying and putting this thing through the process in getting to the budget -- due to the budget enhancement process and making an order say in October of 2016 -- on the next fiscal year, so fiscal year '17, we take delivery of it in April, 2017, we would still have the two first rows of expenses, which total about 19,175 dollars. But the vender price increase of 15,000 dollars and, then, the additional cleaning renta l -- or the sewer cleaning truck rental, which we are budgeting for FY-17, is another 30,665 dollars, which brings the total impact about 45,654 dollars. Now, we can't guarantee that we would need that full rental, but we don't know. But based on what we are seeing we are projecting that we could be that high. We are hoping it wouldn't be that high. So, I think realistically you could say that, you know, delaying the purchase, which is already something that we need, we are already a year and half almost behind scheduled. But delaying the purchase to the next fiscal year, which it comes out of anyways if we wait, because we don't take delivery of it until the next fiscal year. But delaying it would cost anywhere probably, in reality, between 30,000 and 45,000 dollars. Now, there was a question that I don't think we answered very well, perhaps, the last time we were before you and that was how are you going to staff this thing. So, here is what the existing program looked like. We have one sewer clean ing truck, that is the red vehicle on the right that has a staff of two to operate it. We have two CCTV vehicles, these are the ones that have the cameras in them and they do the inspection after the cleaning truck goes through the line and we have two st aff on each of those trucks. So, we have a total of six FTEs that run these three vehicles together. Adding the second sewer cleaning truck allows us to reposition the staff in the following manner. We think for safety reasons that we still need to maintain two staff on the sewer cleaning truck, so each of the sewer cleaning trucks would have two staff members associated with them, but the television camera truck -- most of that work is done inside the truck. So, for safety reasons we think that we can get away with one person -- as a matter of fact, we know we can get away with one person on each of the two sewer CCTV trucks and that allows our staff to be -- to maintain at six FTEs total. So, that is how the staffing for the program -- which I don't know if we did a good job sharing with you the first time around -- is not impacted. We did put in an estimate it wasn't impacted, we did mention in the presentation it wasn't impacted, but we didn't really show you how it wasn't impacted. So, that's how that's going to work. One of the things I wanted to mention here is, you know, some people can -- you find this, you know, to be easily critical of us. You know, why didn't you just put this on the FY-16 budget; right? And then -- and, then, purchase it this year in the FY-16 budget, you know, now you're trying to pool it up in the -- you know, make the acquisition in '16 -- again, even though I have mentioned it won't come in until the '17 budget -- and the reason is this: When we do our capital planning we are capital planning typically a year in advance. So, what that means is if I am in fiscal year 2011 and I'm planning my fiscal 2012 budget, I am working off data that's been posted in 2009 and '10. We don't have -- yet have Meridian City Council Special Meeting May 17, 2016 Page 33 of 48 all the closings for 2011, so I have to develop a projection based upon 2009 and 2010 data. That projection might look something like this -- and, actually, this is real data. The projection will look like this. I'm making my best guess as to what I'm going to need in fiscal year 2012, but I'm doing that in 2011 based on 2009 and 2010 data. So, a couple years go by -- go two years ahead. We go to the next fiscal year budget, FY-14. Same thing happens. I'm in fiscal year '14, I'm developing that fiscal year '14 budget in fiscal year '13, but I'm using data that predates fiscal year '13. So, I find here that my trend is actually maybe more aggressive. So, I have a required correction that I need to make. So, we make that correction. We move things around in the CIP, whic h is why when you see our -- see our CIP every year we have got some things moved around all the time and so some of you have been critical. Well, why did you move everything around. Well, this is kind of the reason we moved things around, because we are adjusting to the trend. So, let's just carry this idea forward again. We get the same sort of trajectory here. These are all real numbers. Our city is growing much faster than any of us thought it was going to grow back in 2009, 2010, '11, '12 and '13, so on and so forth. So, we are making corrections and we have -- we believe that we have proved that this vehicle is needed now. We are already -- you know, what would you say, we are on a 30 percent beyond our established cleaning schedule. The vehicle is needed now. If we -- if we simply get your approval to purchase it now and obligate the funds, they will not be spent until -- at fiscal year 2017. A couple things maybe on the broader sense here is that, you know, as a community we are the ninth fastest growing city in the country. There is 20,000 cities in the United States. We are the ninth fastest right now and we are working hard to keep up with this pace. The City Council approves about 128 dwelling units a year. The city -- or, excuse me, a month. That adds about 360 people to our community every month, which adds about 4,400 residents to our community every year. That has an imp act. It has an impact on our budget, our infrastructure, our equipment, materials, supplies and human resources and human resources. In order to deliver the same standard of service we need to be able to respond to that growth. So, we are trying to do our best in balancing our response in maintaining this existing service level to the growth that we have as a community. This program is a successful and established program. It's not something new. This isn't something we are proving up. We know the program works. We know it saves money and we know that it saves environmental liability. It helps us respond t o SSO and allows to maintain the assets that we put in the ground. The new sewer truck is already in the fiscal year '17 budget and capital -- excuse me -- it's now in the budget under enhancements which you are going to see here next year -- or, excuse me, next month, but it's in the capital improvement plan for the department in FY - 17 also. So, as I mentioned earlier, the approval -- your approval tonight of this budget amendment doesn't cost us anything today. It's going to cost us when we take delivery of the vehicle. So, the vehicle, essentially, is still going to be acquired in fiscal year '17. We just need an approval to place the order in order to allow us to order that vehicle and get it -- get its construction underway so we can take delivery as soon in fiscal year '17 as practical. Taking delivery sooner Meridian City Council Special Meeting May 17, 2016 Page 34 of 48 allows us to begin catching up on our sewer cleaning schedule and also reduces about six months of vulnerability, that risk and that liability that we are going to incur if we wait to order the vehicle in October and take delivery of it in April. So, in essence, as I have mentioned in the fiscal analysis, the purchase today is also going to save rate payers anywhere between 30 and 45 thousand dollars simply by placing the order today, taking delivery of it in fiscal year '17 early and then -- which is where it was originally planned. So, that's all I have as far as new information goes. I do have the staff here that can also help answer any technical or operational questions for you. We do appreciate you giving us an opportunity to come before you and present again. We sort of feel like this is a prudent decision for our department, so as the equipment has been proven as necessary as an addition to the -- to the arsenal of sewer cleaning equipment is timely right now. So, with that I will stand for any questions you might have. De Weerd: Council, any questions? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor. Tom, question on the CCTV trucks. Would the two that we have be sufficient to service I guess the additional lines that will be serviced by the new sewer truck? Barry: Yes. They will today and they will in the foreseeable future. Now, consider -- if we continue to add lines at the pace that we are, there will be a point in time where they will not and, then, at that time we will need a third truck. Kind of like the city of Boise has been adding, because of growth. But, yes, for right now they will be absolutely adequate and for the foreseeable future, I mean several -- several years. In fact, we can get an exact number if you would like. I think you -- don't you have that number, Laurelei? Okay. We can pull you the number on the CCTV van if you would like, but based on what I think we discussed earlier it's several years. Palmer: Madam Mayor, follow up? So, you mentioned that you're confident that the CCTV truck can be staffed with one. How long have you been confident that we have been doubling the necessary staff for those? Barry: That's a fantastic question. So, it's a little complicated. So, let me explain it this way: We have been staffing one of the -- so, you might -- you weren't on the City Council, Councilman Palmer, when the two additional collection staff members were added to the program in fiscal year '15. In fiscal year '15 we added two new staff. We added them when we added the sewer CCTV van. So, that van we included staff with, so that we had staff, because the existing staff were already deployed on the existing van and the existing truck, two, two. Now, one of the things that's gone on is a -- is a staff churning situation. So, you have Meridian City Council Special Meeting May 17, 2016 Page 35 of 48 to understand that in order to run some of these vehicles you have to come equipped with a license or certification. Now, certifications -- typically we are running Collection Tech I's and Collection Tech II's on these systems. Now, Collection Tech I, you need 1,600 hours of training in order to bring on and run one of these vehicles. So, when we hire somebody that doesn't have that license, we have to run them through training and make sure that they get that experience before they can take their license and, then, be qualified to run the vehicle. So, on one level we have a training program, we are trying to train people to get their licenses so that, then, they can qualify for the vehicle. The only way they can do that is to run the vehicle with somebody is trained, somebody who has knowledge and is qualified. So, there is some of that. The other part is that this whole program has not been fully staffed since February of this year. So, we just filled the last of that sixth person. We just filled that in February. So, we have been running at five before that until 2015 where we picked up those two other people. So, you know, it's misleading to think, well, this thing has been fully staffed six people since 2009 and what are you guys doing, got two extra people sitting around on these -- these sewer CCTV trucks and that's not the case. We haven't had those six people. They we re added in '15 and it took us -- I want to say six or eight months to hire those two folks, because it's difficult to find qualified people and, then, when we did find them, training some of them up and, then, also adding the -- finally adding the last person to go out to, so now we are finally full in 2016 -- February 2016. Does that help answer your question? Palmer: Yeah. Barry: Okay. Palmer: Follow up? On a separate -- I guess question. I remember in the previous presentation there was a m ention of the cleaning schedule being -- I think on a -- on a seven or eight year rotation -- is that not the case? Was that never the case? Barry: I don't believe that was said. I look to the presenter. No, it was not said. I don't recall it being said and that would not be accurate anyways if it was, so, no, the cleaning schedule that has been set up for the city, established in 2009, was three years. It has now slipped to 4.4 years. Cavener: Is that prior to 2009 maybe? Barry: Yes. Mr. Cavener, if you're -- that's correct. Before 2009 when we brought the program in house the schedule was much longer, because we weren't investing as much in the outsourcing because it was so expensive at the time, which is why the system -- the system fell into -- eventually we had very grave concern about the system and that's why we brought the program in house in 2009. Meridian City Council Special Meeting May 17, 2016 Page 36 of 48 McVey: And, Councilman Palmer, I believe the number that you're referring to was at the bottom of a chart and it was actually what our CCTV van had fallen behind to before we purchased that second CCTV van. So, it was -- the CCTV schedule had fallen to seven to eight years. So, that's the number that I believe you are recalling from the last presentation. Palmer: Thanks. Barry: You bet. De Weerd: Any other questions from Council? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Maybe a clarification point then. You had indicated that the CCTV truck was eight to nine years behind schedule? We were -- I want to make sure that you're clear -- we are not sending a CCTV truck in that eight or nine years following that with cleaning, you're still naturally then -- the cleaning was eight to nine years behind as well? Taken eight to nine years for a cleaning to occur if -- we have to send a CCTV truck before we do the cleaning one would make the -- Bird: You do the cleaning first. De Weerd: There is clean first. Bird: You clean first. McVey: So, Councilman Cavener, that's a good question, but it is the -- you have to clean first before you can CCTV and the difference in the schedule occurs because the hydro cleaner can go at a much faster pace than the CCTV camera, because the CCTV camera has to go down the line and videos every service, every joint in the pipe. So, a sewer cleaner truck can move at a faster pace than a CCTV van. So, that's why you see the difference in the two schedules. Cavener: Correct. Thank you. I was under -- I was under the understanding that the CCTV was falling two to three days after a cleaning. So, I guess I'm just trying to find what this eight to nine year -- what that eight to nine year time line really means versus today. McVey: So, the CCTV van does -- it has to be within three days of hydro cleaner. But what the hydro cleaner does is it will go -- so, it will clean in front of the CCTV van and, then, it will go to another section of town and clean that section of town, because the cleaning needs to happen more frequently than the Meridian City Council Special Meeting May 17, 2016 Page 37 of 48 video, just because the cleaning has different benefits, such as removing debris and clearing blockages, removing any hydrogen sulfide gas that eats the infrastructure pipes. So, it's kind of working in tandem, so the CCTV truck goes slower, the hydro cleaner will go clean in front of that and, then, it will go clean another section of the city. So, your hydro cleaner schedule is really dependent -- your TV van is really dependent on your hydro cleaner schedule. However, when we got the second CCTV van now our hydro cleaner isn't able to go clean those extra sections of the city, it is simply keeping in front of those two CCTV vans and that's why we are falling behind on the overall schedule for cleaning. Barry: Another way to think about that is that the sewer cleaning truck is not exclusively a cleaner truck for the sole purpose of the camera truck. It has a lot of other jobs, whether it's cleaning up SSOs or it's responding to community issues or backup or those kinds of things or is actually doing a more frequent cleaning in areas of the system that are more problematic. I think that's what we are referring to there. Palmer: I guess -- so a sewer line might get cleaned twice before the camera would hit it. Barry: Yeah. Sometimes three or four times -- Palmer: Okay. Barry: -- in certain cases. Cavener: Madam Mayor, additional question. Tom, can you pull up the slide that shows the -- the anticipated or estimated cost as far as rental? Barry: This one here? Cavener: Correct. Thank you. Barry: Yes. Cavener: I'm just -- I'm just curious, the cost incurred from October to May -- Barry: Uh-huh. Cavener: -- that's easy, because that's an actual. I'm just curious how you got the estimated numbers from May to November and, secondarily, I guess, the estimated number for fiscal year 2017. Barry: Sure. So, yes, you're right, the cost from October to May are real numbers. It's almost halfway through the fiscal year, roughly. Now, again, our MIT system -- this is our financial system -- isn't quite -- you know, it doesn't Meridian City Council Special Meeting May 17, 2016 Page 38 of 48 produce results as of quite today exactly, because we have invoices and other things that come in -- that sometimes get processed, but, essentially, we are pretty close to about halfway through the year at that cost. Now, we did have that incident that I mentioned that occurred between February and today where we needed a rental truck, but we didn't have access to one. So, that would have been a third rental week that we would have needed for the first six months of the year -- of the fiscal year. So, what we did is we just said we need three more, essentially, to get through the rest of the fiscal year. So, that's why you see, essentially, the 11,499 dollars there. Essentially double, because we are halfway through the fiscal year, just double what we have going forward in regard to anticipated expenses. Now, again, if the thing doesn't go down and we don't need a rental, we won't have that cost, but it could go down four times -- or four weeks, rather, instead of three, and we might have a little bit more. Needless to say, whether we order a new cleaner truck today or we order it, you know, later, we still have these costs that we are going to have to bear through this fiscal year in order to cover the down time of the existing vehicle. The additional cost here, if the Council elected to order at the start of the next fiscal year, just wait and, then, take delivery in April -- the Enterprise I think is pretty straight forward, that's the -- Cavener: Yeah. I'm more concerned -- question the estimated number budgeted for fiscal year 2017, where that number came from. Barry: Right. So, that number comes from looking at the same number of rentals that we might have in regard to down time associated with the first six months of the fiscal year of '17 and, then, adding to that some additional down time, which we didn't include in these numbers, which is preventative maintenance. Also delays in delivery or bill time or order time, you know, we are ready to go with the bid sheets right now, our bid specification, but we don't know how long it's going to take us to run through the process to get all of the bids back from the vehicle suppliers that are going to, essentially, be reviewed and, then -- or replaced. So, that could -- that could take a couple weeks, it could take a month, we are not -- we are not quite certain about that. So, the number for the cleaner rental budgeted in FY-17 does include some additional potential delay costs associated with acquisition or late acquisition of that vehicle regardless of when it's ordered, whether it be ordered, you know, today or if it's ordered in the next fiscal year. Cavener: Follow up, Mayor? Tom, am I right in understanding that Public Works doesn't budget for preventative maintenance for your vehicles? Barry: Oh, we do. Absolutely we do. Cavener: So -- follow up, Madam Mayor? Barry: These are rental costs. These aren't preventative maintenance costs. Meridian City Council Special Meeting May 17, 2016 Page 39 of 48 Cavener: Madam Mayor, follow up. It sounds like you said, t hough, that one of the reasons associated with the increase was that the vehicle could be out -- you would have to rent it for preventative maintenance. So, what do you do now when you -- when you have to perform preventative maintenance on the current sewer truck? Barry: So, typically, the preventative maintenance that we are going to try to accommodate for the vehicle is less -- is short-term maintenance. Now, because the vehicle is aging that preventative maintenance is -- is transferring more to corrective maintenance. But even the preventative maintenance that we are doing on the vehicle is increasing in time also. So, if you think about the vehicle being seven years old right now, you know, roughly it's going to be eight soon, then, you're going to have an incremental increase over your preventative and your corrective maintenance costs associated with the overall time down. So, we have added that into the sewer fee rental budget to cover for that incremental increase in the down time associated with both corrective and preventative maintenance, while at the same time budgeting a little bit of extra time in the event that the vehicle that we order has a build delay or if it doesn't get delivered properly or it has a warranty issue or it's -- you know, it needs to be outfitted a certain way, we don't know exactly what -- how it's going to come and in what shape it's going to come, so we have got a little bit of time budgeted in for that. Cavener: Thank you. Barry: Uh-huh. De Weerd: Any other questions? Thank you. Barry: Thank you. And we appreciate the opportunity of coming back before you and presenting this information. Thanks so much. De Weerd: So, Council, we are looking for your approval on this budget amendment to order a truck. Bird: You and I can't do it. De Weerd: You and Mrs. Milam can't make the motion to reconsider. You can make a motion on this. Nary: Madam Mayor, Members of the Council -- Madam Mayor is correct. The prohibition about making a motion for the people in the losing side is only for reconsideration. You can make a motion to approve this as you wish. Bird: Okay. Madam Mayor? Meridian City Council Special Meeting May 17, 2016 Page 40 of 48 De Weerd: Mr. Bird. Bird: I move we approve the purchase of a sewer cleaning truck with a budget amendment not to exceed 500,000 dollars. Milam: Second. De Weerd: I have a motion and a second. Any discussion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just some explanation. I think the -- for me at least I appreciate the chance to revisit it, to visit with Tom, go back and review what we -- what Laurelei presented in -- in February and my own notes. Some of the concern that arose then for me -- a lot of it has been answered here and I think from my perspective questions that I had about it and some of the matrix that would support it quite frankly I should have asked at the February 16th hearing, maybe had a dialogue, a discussion. The personnel was one particular item that jumped out to be problematic, to try and understand how you could operate these with without adding FTEs, I had gone through at the meeting reviewing the matrix on how many miles per month and -- each truck can do and whether in the inclusion of it in the 2017 CIP and the plan to purchase it then seemed to remain appropriate and there wasn't any unique financial savings that warranted moving it up. I think the fact that -- that a budget amendment is presented is taken extremely seriously by everyone on the Council and is presumed to always have merit, but we have to do our job and vet them and if there is questions ask those. It was an example, quite frankly, of -- one of Councilman Palmer's suggestion that there may be opportunities for us to look at a budget amendment request, speak to it, perhaps support it, but, then, perhaps table it for a week to include whether the public may want to provide comment or we want to get more information. But, nonetheless, what I think is different for me -- and support the motion -- is gathering this additional information, even though it's May, which is a horrible time to do the budget amendments, it truly is a February request and the forecasting assumptions which led its inclusion to be in a 2017 CIP. Those circumstances have changed and I don't know if we all capture that in February, but one of the graphs that was shown kind of articulates how the new circumstances have shown an accelerated need for something we all acknowledged was necessary next fiscal year, so -- so I think those are the unique matrix that support, to my eyes, this budget amendment, among everything else that's been presented. That's the unique circumstance. I thought that was an important one for staff to know at least some of the -- the logic or lack thereof of at least for me what may be uncomfortable in February and how I have reconciled those concerns now to be comfortable to support it. Meridian City Council Special Meeting May 17, 2016 Page 41 of 48 De Weerd: Thank you. Anything further? Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. D. Mayor’s Office/Parks Department: Budget Amendment for the Youth Farmers Market for a Not-to-Exceed Amount of $10,000.00 E. Mayor’s Office: Budget Amendment for the State of the City Address for a Not-to-Exceed Amount of $17,970.00 F. Mayor’s Office: Budget Amendment for the Mayor’s Youth Advisory Council for a Not-to-Exceed Amount of $15,660.00 G. Mayor’s Office: Budget Amendment for the Mayor Tammy’s Walking Club for a Not-to-Exceed Amount of $3,500.00 De Weerd: Okay. The next four are budget amendments under the Mayor's office. Each year we come back after we know how much we have raised and where those funds are dedicated to and so we will start with the Youth Farmer's Market and I will turn this to Robert. Simison: Madam Mayor, Members of the Council, thank you and as the Mayor mentioned, these -- these budget amendments are all going to be net revenue zero once it's all said and done. These are all from donations, sponsorships, revenue that have come in or anticipated. I will talk about those when we get to that one. I will just go through these one by one and I will stop for any questions. I guess my only process question is do you want me to go through all four and ask -- or are you going to take them up one by one and do the motions? De Weerd: I would just describe all four, open it for questions and, then, we can go through them. Simison: All right. Thank you. The first one on the list is for the Youth Farmer's Market. We received grant funding from the Blue Cross of Idaho High Five grant a few years ago in the amount of 30,000 dollars. We used the first 5,000 to purchase tables and canopies for last year's preview. As we are now committed to making this process move forward, we intend to use 5,000 more of the funds this year that will go to parks to do additional purchases that will include things Meridian City Council Special Meeting May 17, 2016 Page 42 of 48 like carts to bring them in and out and additional canopies, tables. MDC has also provided 5,000 dollars for the contract that we currently have with Becky Breshears for the operation of the market for this year. So, you will see that this one actually has a total request of negative 20,057, because there is still going to be 20,000 dollars from the Blue grant in that account, which we are spending carrying forward for next year opportunities. So, that is the first amendment. The second one is for the Mayor's State of the City and these are the funds which were raised above the cost for the event to occur. Last year one of the things we did when we went through the budget process we decided not to put the scholarship funds directly into the budget, we waited until we received the funds that we said we would bring that back in a budge t amendment. You will have those scholarship winners before you next week at City Council, but these are all funds that would have been fund s raised from that process, which had an excess of some 2,970 dollars over the cost. We anticipate raising 20,000 to begin with. That's why there is a total of 6,480 that is going above and beyond into the donations that we expected and these will be used for things like traffic box art, they support a portion of the Mayor's Walking Club from this year, our Do The Right activities. We didn't have as much sponsorships from the community this year, so we picked up half of the printing cost for some of those items. We were able to extend the Welcome to Meridian programs that we send out the videos that you have all seen to new residents. We would like to do another round of those. That is an enhancement that you will see presented later this year for next year and, then, some of the stuff for hanging flower pots here at City Hall on the banners that are along Broadway and Main, nine of them, that would do hanging flower pots as a way to beautify the downtown area and the remaining is doing to Care To Share program for the Parks and Rec Department. The next item is the Mayor's Youth Advisory Council. This is primarily for their expenses related to two items, their travel to Washington D.C. where they have been raising the funds through sponsorships, as well as their STAND grant that they received for the event that they did related to nicotine with the -- at The Village Cinema earlier this year. And, then, the other one -- this is the one where we are still -- it also funds their youth summit. Those are funds that have yet been received. They have been pledged by Idaho Power to pay for that later this year, but we have not yet received them, as well as a couple of individuals who said that they would sponsor MYAC for their trip to D.C., Ken has been working with them to receive those. I think we got another one just yesterday. So, we have a couple of outstanding. They also have their Ball at the Hall coming up this weekend, but if they are not able to raise -- receive those funds that they said they will do, they will use those first and foremost, but we won't do the Youth Summit unless we get the -- the money actually comes in from Idaho Power that they said that they would do. So, this is the one that we are still waiting for some of the funds to come in, but we expect it to come in fully. And, then, the last one is for Mayor Tammy's Walking Club. We did a pilot program last -- last fall. We continued it this year. This is one of the two that have been funded by sponsorships. We have Primary Health being the main title sponsor for that. The Boise Co-op was the secondary sponsor. The Mayor also received 1,00 0 Meridian City Council Special Meeting May 17, 2016 Page 43 of 48 dollars from Blue Cross of Idaho for her participation in the Mayor's Walking Club challenge. So, again, these are costs which are coming in from sponsors to fund that program, which includes prizes to the first, second and third class winners at each of the schools which participated and I think that we are only missing two elementary schools this year that we hope to bring them into this program next year. So, with that I will be happy to answer any questions you have about any of these items. De Weerd: Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Not a question, just a comment. This is an impressive list, Robert. Thank you for bringing all of this and I know that it's a result of the Mayor's staff and other city department staff working to bring in these sponsorships, but I think it's a reflection on our community and the value that the Mayor's office and that City Hall brings to Meridian to have great companies like Primary Health and the co-op step up. Idaho Power to sponsor these events. These are real dollars that allow our community to do some really great things. So, thanks for bringing these all together. It's an impressive list when you look at them all together and kudos to the Mayor and her staff for -- bringing these -- these donations. De Weerd: Thank you for recognizing how hard my staff works on -- on looking at these. It's -- these initiatives are a reflection of the priorities that our community has indicated are important and certainly what we heard through the outreach when we did the High Five grants from the Blue Cross aspect. So, appreciate that. Cavener: That's great. De Weerd: Any further comments, questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no more, I would like to add one thing on the Farmer's Market. I believe MDC donated 5,000 towards that. Simison: Yes. If I didn't say that I -- De Weerd: He did. He did. Meridian City Council Special Meeting May 17, 2016 Page 44 of 48 Bird: I'm sorry, I missed it, Robert. Anyway, I would move that we approve the budget amendments for the Youth Farmer's Market not to exceed amount of 10,000 dollars. Milam: Second. De Weerd: I have a motion and a second to approve Item 11 -D. Any discussion from Council? Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Item 11-E. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the budget amendment for State of the City address for not to exceed amount of 17,970 dollars. Milam: Second. Cavener: Second. De Weerd: I have a motion and a second to approve Item 11 -E. Any discussion from Council? Madam Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Item 11-F. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council Special Meeting May 17, 2016 Page 45 of 48 Bird: I move we approve the Mayor's Youth Advisory budget amendment not to exceed amount of 15,660 dollars. Milam: Second. De Weerd: I have a motion and a second to approve Item 11-F. Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Item 11-G. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the budget amendment for the Mayor Tammy's Walking Club not to exceed 3,500 dollars. Milam: Second. De Weerd: I have a motion and a second to approve Item 11 -G. And, Robert, maybe next week we can give an example of what Primary Health purchased for the prizes for the students and give an overview of how many miles our kids have walked. It is truly heartwarming to go to these elementary schools and see the enthusiasm and we have heard reiterated from the PE instructors that the activity, because of this effort and Primary Health has been at every one of the walking clubs, has been outstanding, so big kudos to Danielle on her efforts behind this, too. Simison: Thank you, Madam Mayor. I will see if I can have Danielle be here to do that next week. De Weerd: Okay. Okay. So, I have a motion and a second. Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. Meridian City Council Special Meeting May 17, 2016 Page 46 of 48 MOTION CARRIED: ALL AYES. De Weerd: And remember, Council, you are always invited to come out and walk. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: From the rumors I heard about Washington D.C., I think you better get MYAC kids out and walk with you, so you don't walk them in the ground the next year. Item 12: Ordinances A. Ordinance No. 16-1690: An Ordinance (H-2016-0024) of the City of Meridian Amending Meridian City Code as Codified at Title 11, Entitled the Unified Development Code (11-3G-3A) Pertaining to Common Open Space; and Providing an Effective Date De Weerd: Item 12-A is Ordinance 16-1690. Madam Clerk, will you, please, read this by title only. Jones: Thank you, Madam Mayor. An ordinance amending Meridian City Code as Codified as Title 11, Section 3, entitled the Unified Development Code of the Meridian City Code Pertaining to Common Open Spaces; and providing for a waiver of the 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 to read in its entirety? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Seeing none, I move that we approve Ordinance No. 16-1690 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 12-A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. Meridian City Council Special Meeting May 17, 2016 Page 47 of 48 De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 13: Future Meeting Topics: De Weerd: Okay. Item 13. Council, anything further for future meeting topics? We will put on there discussion about budget amendments. Todd and I met today with some ideas about a budget amendment form itself and I think Councilman Borton really nicely put together our -- you must have been listening into our conversation -- some of the things that you found in February's conversation that you would have liked to have asked or had answered that we will be adding to the form itself, maybe look at a process as you suggested as well to introduce it one week -- I think Public Works has kind of established that getting out information one or two weeks in advance, getting it set. So, we will bring this back onto a future agenda and bring a recommendation for how to consider those. Item 14: Amended onto the Agenda: Continued Executive Session Per Idaho State Code 74-206 (a)(c)(f): (a) To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. This paragraph does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general; (c) To Acquire an Interest in Real Property, Which is Not Owned by a Public Agency; AND (f) To Consider and Advise Its Legal Representatives in Pending Litigation De Weerd: Okay. Additional item was the Executive Session an d I would entertain a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we return to Executive Session as per Idaho State Code 74-206(c). Milam: Second. Cavener: Second. De Weerd: I have a motion and a couple seconds. Madam Clerk, will you call roll. Meridian City Council Special Meeting May 17, 2016 Page 48 of 48 Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (8:02 p.m. to 8:57 a.m.) (Proceedings not recorded.) MEETING ADJOURNED AT 8:57 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) / � / l(0 MAYOR jMMY DE WEERD DATE APPROVED LJACY, EST: ^---�1 �Go4eoRr�xrnnL��sr _ r City of NE8-1 CIT L -E -R _ rrAN. 2r SPAL y o`'6P 7@FASAEp Meridian City Council Meeting DATE: Mav 17,2016 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Proclamation Proclamation for Neurofibromatosis Awareness Month. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 17, 2016 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: Approve Minutes of May 3, 2016 Approve Minutes of May 3, 2016 City Council Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 17, 2016 ITEM NUMBER: 7B PROJECT NUMBER: ITEM TITLE: License and Maintenance Agreement License and Maintenance Agreement for City's Use of Athletic Fields at West Ada School District Property Located at 915 E. Central Drive 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 LICENSE AND MAINTENANCE AGREEMENT This LICENSE AND MAINTENANCE AGREEMENT is made and entered into this day of ,2016, by and between West Ada School District, an Idaho school district and body corporate and politic of the State of Idaho ("District"), and the City of Meridian, an Idaho municipal corporation ("City"). WHEREAS, the respective governing bodies of City and District are mutually interested in encouraging and supporting athletic programming for students and community members; WHEREAS, City and District recognize that through cooperation, publicly -held facilities can be used to meet community needs for education and recreation; WHEREAS, District owns a parcel of property located at 915 East Central Drive in Meridian currently developed with a parking lot and two soccer fields; WHEREAS, District desires to make the soccer fields available for use by City for scheduled play until such time as the parcel is needed by District for other purposes; WHEREAS, District is willing, upon certain terms and conditions, to provide non-exclusive use of a designated portion of the property for the purposes stated herein for a period of time defined within this Agreement. NOW, THEREFORE, the parties hereto agree as follows: 1. GRANT OF LICENSE For and in consideration of promises contained herein, and other good and valuable consideration, District hereby gives and grants to City the non-exclusive right, privilege and license to use a portion of certain real property, located at 915 East Central Drive, Meridian, Idaho, and legally described as a portion of lot 2, block 1 of the Jabil Subdivision. The portions of the property subject to this agreement are designated as "parking" and "fields" and are generally depicted on Exhibit A hereto (collectively referred to herein as the "licensed premises"). The portion of the property designated as "remainder" is not subject to this agreement. 2. TERM OF AGREEMENT This license is granted for an initial term to begin upon the date of execution and expiring on December 31; 2020. This agreement shall automatically renew in increments of one (1) calendar year until otherwise terminated by either party according to the termination provisions contained herein. LICENSE AND MAINTENANCE AGREEMENT PAGE I 3. USE OF LICENSED PREMISES City's use of the licensed premises shall be limited to making the fields available for athletic activities and special events. To facilitate these uses, City shall be the designated contact for scheduling the use of the fields and may charge reasonable reservation fees. The use of the parking lot shall be allowed as an incidental use associated with scheduled users of the fields. No other use of the fields or parking shall be allowed unless otherwise approved in writing by District. 4, MAINTENANCE OF FIELDS AND PARKING LOT A. City shall provide routine maintenance of the fields and parking lot landscape medians at its sole cost and expense during the term of this agreement. Routine maintenance shall include irrigating, mowing, fertilizing, and weed control to the standard of other City -maintained properties. City agrees to perform routine maintenance on the irrigation pump and irrigation delivery system, including the replacement of broken or damaged heads, pipes, and valves. Repairs exceeding routine maintenance may be considered a catastrophic failure of the system, entitling City to terminate this agreement pursuant to section 6(B). District agrees to pay all costs associated with delivery of the irrigation water, including but not limited to electricity and ditch fees or assessments. B. City shall reimburse District for half of all expenses related to routine maintenance of the parking lot asphalt, subsurface, curbs, and paint striping during the term of this agreement, within thirty (30) days of receipt of District's itemized invoice. Routine maintenance shall include striping, sealcoating, and pothole repair. Repairs exceeding routine maintenance, such as replacement or resurfacing of the parking lot or significant portions thereof, shall be undertaken at District's sole cost and expense with forty-five (45) days' notice to City. 5. EXCLUSIONS FROM CITY'S MAINTENANCE OBLIGATIONS A. IRRIGATION SYSTEM: Except for routine maintenance of the irrigation pump and delivery system as described in section 4(A) of this agreement, City shall not be responsible for other maintenance or repairs of the irrigation system, Likewise, District has the right to refuse to repair the irrigation pump and delivery system, in which case this agreement shall be terminated pursuant to Section 6(B) below. B. REPAIR OR RESTORATION OF PREMISES: City shall not be responsible for restoration or repair of the licensed premises necessitated by damage due to fire, acts of vandalism, or acts of God. C. REMAINDER: The portion of District's property identified as "remainder" LICENSE AND MAINTENANCE AGREEMENT PAGE 2 and generally depicted in Exhibit "A" is not part of the licensed premises. City shall not be responsible for maintaining any portion of the "remainder." 6. TERMINATION A. TERMINATION FOR CONVENIENCE: Either party may terminate this agreement for any reason upon sixty (60) days' written notice. B. TERMINATION UPON LOSS OF IRRIGATION SOURCE: In the event that the existing surface irrigation water source is discontinued or the irrigation system is otherwise made unusable for any reason (including but not limited to a catastrophic failure of the irrigation system), City or District may elect to immediately terminate this agreement upon notice to the other party. C. TERMINATION UPON CITY'S DEFAULT: If City is in breach or default of any terms, covenants, or conditions of this Agreement and fails or refuses to cure such breach or default within ten (10) days of written notice thereof, this Agreement, and all rights of City conferred by this Agreement, at District's option, may be deemed terminated and forfeited without further notice or demand. 7. ASSIGNMENT OR TRANSFER City shall not assign, sublet or transfer the licensed premises, or any portion thereof, or cause or suffer any alterations thereto, other than as specified in this Agreement, without the express written consent of District. 8, NOTICES A. All notices to be given with respect to this Agreement shall be in writing addressed as follows: To District: West Ada School District Attn: Superintendent 1303 E. Central Drive Meridian ID 83642 To City: City of Meridian Attn: City Clerk 33 E. Broadway Avenue Meridian ID 83642 B. Notice shall be either delivered or sent by certified mail, postage prepaid, return receipt requested to the party to be notified at the address specified above, or such other address as either party may designate in writing. Every notice shall be deemed to have been given at the time it is deposited in the LICENSE AND MAINTENANCE AGREEMENT PAGE 3 United States mail, or upon delivery to the party above specified, or their agent or legal representative. 9. CONDITION OF LICENSED PREMISES City acknowledges that City has inspected the licensed premises and does hereby accept the licensed premises as being in good and satisfactory order, condition, and repair. City agrees that upon termination of this Agreement, City shall surrender the licensed premises to District in the same good condition as received, reasonable wear and tear, damages by fire, acts of vandalism, or act of God exempted. 10. HOLD HARMLESS AND INDEMNITY AGREEMENT On or about January 27, 2015, City and District entered into a Hold Harmless and Indemnity Agreement; such agreement is attached hereto as Exhibit B and incorporated herein by reference as though set forth fully herein. 11. APPROVAL BY GOVERNING BOARDS REQUIRED This Agreement shall not be effective for any purpose whatsoever until it is approved by the parties' respective governing boards. IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and year first above written. WEST ADA SCHOOL DISTRICT: I UBy: Ul vr� Dr. M4 Ann Ranells, Superintendent CITY OF MERIDIAN By: Tamm Weer 09010D A Attest: _...__.:`�� jl90 City of E1�TUTAN*q IDAHO, Jacy Jo' es,bity Te`i __ ss SEAL P dT�ROffbp TAEI'�'���, LICENSE AND MAINTENANCE AGREEMENT PAGE 4 r -d j "AHIBIT A LICENSED PREMISES ntorl 164 LICENSE AND MAINTENANCE AGREEMENT PAGE 5 EXHIBIT HOLD HARMLESS AND INDEMNITY AGREEMENT LICENSF ANIS MAINTENANCE AGREEMCNT PAGE 6 West Ada 0� Di5`S,SCHOOL DISTRICT BOLD HARMLESS AND INDEMNITY AGREEMENT (For use of School District Facilities by a Governmental Entity) THIS HOLD HARMLESS AGREEMENT ("Agreement") is made by and between Joint School District No, 2, an Idaho school district and body corporate and politic of the State of Idaho, hereinafter the "District" and the City of Meridian, hereinafter referred to as "Entity". RECITALS: A. Entity is a "governmental entity" as defined in the Idaho Tort Claims Act, Idaho Code §6-901, et. seq. B. Entity is interested in having the opportunity to use various facilities and/or grounds of the District for public purposes from time to time as approved by the District. C. In exchange for the opportunity to use the District's facilities and/or grounds, Entity desires to provide certain written assurances and indemnifications to District for claims and damage arising out of or occurring during and from such use as hereinafter set forth. NOW THEREFORE, for good and valuable consideration, and in consideration of the recitals above, which are incorporated herein, and the mutual representations, covenants, undertakings and agreements hereinafter contained, District and Entity agree as follows: 1. Indemnification of District, Entity shall defend, indemnify and hold harmless the District, and District's trustees, officers, agents and employees, and the State of Idaho, from and against any and all demands, suits, actions, claims, loss or damage of any kind, character or description, whether or not meritorious, costs, or expenses, including, without limitation, attorneys' and other professional fees and disbursements, in conjunction with any loss of life, personal injury and/or property damage arising out of or relating to the occupancy or use by Entity of any part of the District's facilities and/or grounds occasioned wholly or in part by any act or omission of Entity or its officers, contractors, licensees, agents, servants, employees, guests, invitees or visitors, except for such claim resulting solely from the negligence or otherwise wrongful act or omission of the District and/or the District's officers, employees, or servants. 2. Entity to Maintain Insurance Coverage. As a condition precedent to any use of District facilities and/or grounds, Entity, at its own expense, shall keep and maintain in full force and effect a comprehensive general liability insurance policy issued by a company licensed to engage in the insurance business in the State of Idaho. Dr. Linda Clark, Superintendent 1303 E. Central Drive - Merldlan, ID 83642 , P: (208) 855.4500 • R (208) 350-5962 a. The insurance policy shall contain standard liability insuring agreements in the Limits set forth in the Idaho Tort Claims Act, naming the District as a Certificate Holder. The limits of said policy shall be not less than five hundred thousand dollars ($500,000.00) for bodily or personal injury, wrongful death, or property damage or loss as a result of any one (1) occurrence or accident, regardless of the number of persons injured or the number of claimants. b, Not less than five (5) business days prior to Entity's first use of District's facilities and/or grounds, and at least annually thereafter for so long as Entity shall use any such facility and/or grounds, Entity shall furnish the District with a certificate of insurance evidencing the existence of such coverage, executed by a duly authorized representative of each insurer. c. The certificate of insurance shall provide that the company or program providing such coverage shall provide the District with thirty (30) days prior written notice of cancellation or material alteration of the policies set forth in the certificate of insurance. d. In the event that the limits of the Idaho Tort Claims Act are modified, the Entity shall deliver a new certificate of insurance to the District indicating compliance with the revised Limits within ten (10) business days of the effective date thereof, e. To the extent allowed under the Idaho Tort Claims Act and the Idaho Constitution, such insurance coverage shall be primary for any and all damage of any nature caused to or incurred by the District arising out of Entity's use of the District's facilities and/or grounds. 3. Waiver. The waiver by either party of the performance of any covenant, condition or term herein shall not invalidate this Agreement, nor shall the same be considered as a waiver by such party of any breach or other covenant, condition or term herein. 4, Notices. Any notice under this Agreement shall be in writing and shall be treated as duly delivered if the same is personally delivered or deposited in the United States Mail, certified, return receipt requested, postage prepaid, and properly addressed as follows: To District: Joint School District No. 2 Attn: Superintendent 1303 E. Central Drive Meridian, ID 83642 To Entity: City of Meridian Attn: City Clerk 33 E. Broadway Avenue Meridian, ID 83642 5. Assignment. Entity shall not be entitled to transfer or assign all or any portion of its interest in this Agreement. Dr, Linda Clark, Superintendent 1303 E. Centra! Drive - Meridian, ID 83642 - P: (208) 855-4500 - R (208) 350-5962 6. Attorney's Fees. In the event that suit or action is instituted by either party to interpret or enforce this Agreement, the prevailing party shall be entitled to recover a reasonable sum as attorney's fees and all court costs incurred on behalf of that party, including such fees and costs with respect to an appeal. 7. Governing Law, This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho, 8. Authority pf the Parties. Each party to this Agreement represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary action of such party and is a valid and binding obligation upon the persons or entity signing this Agreement. 9. Amendment or Modification, No modification, release, discharge, or amendment of any provision hereof shall be binding unless reduced to writing and signed by authorized representatives of both parties. ENTITY: Tammy Oel�eerd, Mayor v° jV,Vnuc;Ubate: J' 7 /J' city o( AN ATTEST: 45yyceet Holman, CSF'AL 4 DISTRICT: Joint School District No. 2 fl -4. N- - Linda Clarl , Sud erintendent Date; 7z3 Dr. Linda Clark, Superintendent 1303 E. Centra! Drive • Meridian; 10 83642 - P: (208) 855.4500 - f. (206) 350-5962 Meridian City Council Meeting DATE: May 17, 2016 ITEM NUMBER: 7C =01111*�r,tWi = :4 ITEM TITLE: Professional Services Agreement Professional Services Agreement with Kevin Kirk & Onomatopoeia for Musical Talent for Concerts on Broadway in an Amount Not -to -Exceed $4,000 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 PROFESSIONAL SERVICES AGREEMENT MUSICAL TALENT FOR CONCERTS ON BROADWAY This PROFESSIONAL SERVICES AGREEMENT — MUSICAL TALENT FOR CONCERTS ON BROADWAY ("Agreement") is made this day of May, 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Kevin Patrick Kirk, Inc., a corporation organized under the laws of the State of Idaho, whose address is 1606 N. 17th St., Boise, Idaho ("Promoter"). WHEREAS, the City desires that the plaza at Meridian City Hall serve as a place where members of the community can gather to enjoy downtown Meridian and to take part in the arts, and to that end, the Meridian Arts Commission is presenting Concerts on Broadway, a series of concerts to be held in the Meridian City Hall plaza during the summer; and WHEREAS, the Parties mutually desire to present, as part of Concerts on Broadway, a concert featuring the music of Sally Tibbs & Devin. Kirk Jazz Ensemble and Devin Kirk & Onomatopoeia ("Artists"), bands specializing in the performance of jazz music; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. A. Performance. Artists shall perform for the public from approximately 7:00 p.m. to at least 8:30 p.m., on Saturday, July 9, 2016, in the plaza at Meridian City Hall, at 33 E. Broadway, Meridian, Idaho, with one fifteen -minute break during this time. In case of inclement weather, the venue may be moved to an indoor location to be determined and agreed upon separately by the Parties. B. Sound system; set up and sound checks. City shall provide, set up, and operate any and all sound systems and equipment necessary to electronically amplify music and spoken announcements. City shall set up sound systems and/or related equipment by 5:00 p.m. on the date of each performance, and Artists may rehearse and/or perforin sound checks at that time. All set- up, rehearsal, and/or sound checks shall be completed by 6:30 p.m. Artists will require one hour to complete set up and sound check prior to 6:30 p.m. C. Risers. If Promoter elects to use risers to elevate the musicians, Promoter shall provide and set up such risers, and shall utilize such materials necessary to protect City facilities from any and all damage therefrom. II. COMPENSATION. A. Total amount. City shall make total payment to Promoter for services rendered pursuant to this Agreement in the amount of four thousand dollars ($4,000.00). This payment shall constitute full compensation from City to Promoter and/or to the Artists for any and all services, costs, and expenses related to services performed under this Agreement. Promoter and/or the Artists shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. B. Cancellation of event. If Artists are present and prepared to perform at the time, date, and place, PROFESSIONAL SERVICES AGREEMENT—KEVIN KIRK/ONOMATOPOEIA, CONCERTS ONBROADWAY PAGE 1 of 5 and in accordance with the terms set forth herein, City shall pay Promoter in the amount set forth herein, even if the event is cancelled due to unforeseen events not caused by Promoter or Artists. Any decision regarding whether to cancel the performance shall be made no earlier than 6:30 p.m. on July 9, 2016. C. Method of payment. By June 1, 2016, Promoter shall provide City with: 1) a completed ACH Fonn, 2) a copy of a voided check, and 3) an invoice in the amount of four thousand dollars ($4,000.00) for services to be provided on July 9, 2016. So long as all documents are complete and received by June 1, 2016, City shall pay Promoter in full via direct deposit in the amount of four thousand dollars ($4,000.00) by July 15, 2016. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Promoter. III. VENUE A. Plaza. City shall provide for the performance the outdoor plaza on the east side of Meridian City Hall, 33 E. Broadway, Meridian, Idaho ("venue"), which is an outdoor, open, public venue. Promoter shall be solely responsible for any and all measures necessary to protect equipment, instruments, and Artists from damage due to weather and other conditions that do or may exist. B. Public venue. Promoter acknowledges that the venue is a public place and that all members of the public shall be invited to attend. To this end, the Artists shall perform such material and in such a manner as shall be appropriate for all ages, values, and sensibilities. Artists' performance and attire shall not include language, attire, and/or behavior that is profane, sexual, violent, or discriminatory. C. City policy applies. Promoter and Artists shall comply with all City policies and codes applicable to use of City property and facilities, including, but not limited to, policies of the Meridian Parks and Recreation Department, and any requirements of the City Building Maintenance Technician, which requirements shall be reasonable and for the purpose of protecting City facilities and property. D. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the plaza, the performance solely for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. E. Merchandising. Promoter and/or Artists shall be authorized to sell albums and/or merchandising material at the performance, and may retain the proceeds of such sales. City respectfully requests that twenty percent (20%) of any proceeds from merchandise sold at the Concerts on Broadway event be voluntarily donated to the Meridian Arts Commission. Promoter and Artists shall be responsible for paying all sales and other taxes due and owing on the proceeds from merchandise sold. IV. TERMS AND CONDITIONS A. Time of the essence. Promoter acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. See, e.g., section I.B., requiring one (1) hour of set up and sound check time PROFESSIONAL SERVICES AGREEMENT — CONCERTS ON BROADWAY PAGE 2 of 5 prior to 6:30 p.m. B. Promotion of event. City shall promote the performance in community promotional materials and avenues, including the City newsletter, City website, Meridian Parks & Recreation Department Activity Guide, and local media and event calendars. Promoter may undertake additional promotional activities at his own expense and effort, subject only to the limitations set forth herein. City hereby conveys to Promoter permission to use City's name in all forms and media and in all manners, without violation of City's respective rights of privacy or any other rights City may possess in connection with its role in the production of Concerts on Broadway, except that City's logo may not be used in any manner whatsoever without the express, written consent of the Mayor's Chief of Staff. To the extent practicable, Promoter shall be given the opportunity to review, for purposes of accuracy, and approve all promotional materials in advance of their publication, broadcast or dissemination. Artists shall be listed as "Kevin Kirk & Onomatopoeia" in all promotional materials that are created by City or within the City's control. C. Subcontracting or assignment of obligations. Promoter shall not subcontract or assign any of the obligations of Artists under this Agreement related to or that may relate to the band's talent or expertise. Promoter may subcontract or assign obligations that do not require the band's artistic talent or expertise, including, but not limited to, such obligations as transport and set-up of special equipment and/or instruments. Any subcontractor or assignee shall be bound by all the terns and conditions of this Agreement. D. Non -waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. E. Indemnification. Promoter shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Promoter and/or Artists, their assistants, servants, agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto. Promoter and Artists acknowledge that provision of the services described hereunder presents risks, some of which are unknown, and do agree to assume all such known or unknown risks. F. Waiver. Except as to rights held under the terns of this Agreement, Promoter and Artists shall, and hereby do, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident the performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. G. Relationship of Parties. Promoter and Artists are independent contractors and are not employees, agents, joint venturers, or partners of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Promoter or Artists and City or any official, agent, or employee of City. Promoter and Artists shall retain the right to perform services for others during the term of this Agreement. H. Compliance with law. Throughout the course of this Agreement, Promoter and Artists shall comply with any and all applicable federal, state, and local laws. PROFESSIONAL SERVICES AGREEMENT —KEVIN KIRK/ONOMATOPOEIA, CONCERTS ON BROADWAY PAGE 3 of 5 I. Non -Discrimination. Throughout the course of this Agreement, neither Promoter nor Artists shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. J. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terns of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. K. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the teens and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. L. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. M. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. N. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. O. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. P. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: City: Promoter: City Clerk Kevin Kirk City of Meridian Kevin Patrick Kirk, Inc. 33 E. Broadway Avenue 1606 N. 17th St. Meridian, Idaho 83642 Boise, Idaho 83702 Either party may change its address for the purpose of this section by giving written notice ofsuch change in the manner herein provided. Q. Warranty of authority. Promoter expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Sally Tibbs & Kevin Kirk Jazz Ensemble and Kevin Kirk & Onomatopoeia and each and every member thereof. Promoter further warrants that he is authorized to bind Sally Tibbs & Kevin Kirk Jazz Ensemble and Kevin Kirk & Onomatopoeia and all members thereof to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Sally Tibbs & Kevin Kirk Jazz Ensemble and Kevin Kirk & Onomatopoeia and its members. PROFESSIONAL SERVICES AGREEMENT — CONCERTS ON BROADWAY PAGE 4 of 5 R. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. I N W I T N E SS W H E R E 0 F, the parties hereto have executed this Agreement on the Effective Date written above. PROMOTER. ' V' - ' b ,1 K vin Kirk, President Kevin Patrick Kirk, Inc. CITY OF MERIDIAN: BY: Tammy de yl Mayor Attest: Jacy Jones, City 10 A Ucljs7 9O City o4 T6�0�f6e TRF A`—" PROFESSIONAL SERVICES AGREEMENT-KEvINKIRWONi oivIATOPOEIA, CONCERTS ON BROADWAY PAGE 5 of 5 Meridian City Council Meeting DATE: May 17, 2016 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: ALTA CONSTRUCTION, INC Approval of Award of Bid and Agreement to ALTA CONSTRUCTION, INC for the "NW 2ND STREET WATER AND SEWER LINE REPLACEMENT" project for a Not -To -Exceed amount of $448,492.67 MEETING NOTES 7001-K-1-m�M Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS t To: Jacy Jones, City Clerk, From: Kathy Wanner, Buyer CC: Austin Petersen, Project Manager Date: 05/11/2016 Re: May 17th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the May 17th City Council Consent Agenda for Council's consideration. Approval of Award of Bid and Agreement to ALTA CONSTRUCTION, INC for the "NW 2ND STREET WATER AND SEWER LINE REPLACEMENT" project for a Not - To -Exceed amount of $448,492.67. Recommended Council Action: Award of Bid and Approval of Agreement to ALTA CONSTRUCTION, INC for the Not -To -Exceed amount of $448,492.67. Thank you for your consideration. • Page 1 TO: Keith Watts, Purchasing Manager FROM: Austin Petersen Transportation and Utility Coordinator DATE: April 7, 2016 Mayor Tammy de Weerd City Council Mernberst Joe Borton Keith Bird Genesis Milam Lube Cavener Ty Palmer Anne Little Roberts SUBJECT: NW 2" d STREET WATER AND SEWER MAIN REPLACEMENT — CONSTRUCTION I. DEPARTMENT CONTACT PERSONS Ausitn Petersen, Transportation and Utility Coordinator 489-0352 Warren Stewart, City Engineer 489-0350 Tom Baily, PW Director 489-0372 II. _ DESCRIPTION A. Background The water line in NW 2nd street between Railroad Ave. and Meridian Elementary School is aging, undersized, and does not meet the fire flow rate requirements. The sewer lines for the properties along this section of 2nd street are located in the alleys behind the houses and are in poor condition. The clay pipe sewer lines were installed as early as 1927 and are now allowing significant amounts of groundwater to infiltrate the wastwater system. Due to these factors installing new water and sewer lines in this section of 2nd street is a priority for the Public Works Department. B. Proposed Project This project includes: the installation of approximately 1300' of new 8" water main and 1400' of 8" sewer main, 14 water meters and water sei vice lines, and 28 sewer service lines to connect existing properties to the new sewer line. The new sewer main will be istalled in NW 2nd street instead of being replaced in the alley. Putting the new sewer in the roadway will allow for easier maintenance, and will allow the new water and sewer lines to be installed at the same time. Page 1 of 2 III. IMPACT A. Fiscal Impacts This project will be bid in May, 2016. Project Cost Estimate: Fiscal Year 2016 Water Main and Services Sewer Main and Services Total Project Funding Fiscal Year Water Main Replacements Sewer Main Replacements $280,000 $505,500 $785,500 Account Code / Codes 3490-95000 $280,000 3590-95000 $505,500 Total Funding $785,500 Time Constraints It is preferable for this project to be constructed when school is not in session, as it is along a walking route to Meridian Elementary School. To ensure that the project is completed prior to the start of the 2016/2017 school year, construction needs to start in June, 2016. Departmental Approval: Page 2 of 2 Date: 4/11/2016 CONTRACT / AGENDA CHECKLIST REQUESTING DEPARTMENT Public Works Project Name: NW 2nd Street Water and Sewer Line Replacement Project Manager: Austin Petersen Contract Amount: $448,492.67 Contractor/Consultant/Design Engineer: Civil Survey - Design //// Alta Construction - Contractor Is this a change order? Yes ❑ No ❑✓ Change Order No. BUDGET INFORMATION (Project Manager to Complete) Contract Type Fund: 60 Budget Available (Purchasing attach report): Department 3490/3590 Yes El No ❑ Construction GL Account 95000 FY Budget: FY16 Task Order ❑ Project Number: 10515.D Enhancement: Yes ❑ No ❑ Professional Service ❑ Equipment ElWill the project cross fiscal years? Yes F]No Grant #: Type of Grant Debarment Status (Grant/Federal Funded Projects Only) www.sam.gov Type in date verified and the status BASIS OF AWARD BID RFP / RFQ TASK ORDER Low Bidder X Highest Rated Master Agreement Category (Bid Results Attached) Yes Q No ❑ (Ratings Attached) Yes ❑ No ❑ Date MSA Roster Approved: Typical Award Yes Q No ❑ If no please state circumstances and conclusion: Date Award Posted: 5/3/2016 7 day protest period: May 13, 2016 CONTRACTOR/ CONSULTANT; REQUIRED INFORMATION PW License C-003938 Expiration Date: 6/30/2016 Corporation Status Goodstanding Insurance Certificates Received (Date): 5/10/2016 Expiration Date: 1/23/2017 Rating: A+ Payment and Performance Bonds Received (Date): 5/10/2016 Rating: A++ Builders Risk Ins. Req'd: Yes ❑ No El If yes, has policy been purchased? (Only applicabale for projects above $1,000,000) Reason Consultant Selected ❑ 1 'Performance on past projects Check all that apply ❑ Quality of work ❑ On Budget ❑ On Time ❑ Accuracy of Construction Est ❑ 2 Qualified Personnel ❑ 3 Availability of personnel ❑ 4 Local of personnel Description of negotiation process and fee evaluation: AWARD INFORMATION )ate Submitted to Clerk for Agenda: May 11, 2016 Approval I By: 'urchase Order No.: Date Issued: WHS submitted (Only for PW Construction Projects) 9TP Date: Contract Request Checklist.3.15.16.Final CONTRACT FOR PUBLIC WORKS CONSTRUCTION NW 2ND STREET WATER AND SEWER REPLACEMENT - CONSTRUCTION PROJECT # 10515.d THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this day of May, 2016, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Alta Construction, Inc, hereinafter referred to as "CONTRACTOR", whose business address is 619 N. Cloverdale, Rd, Boise, ID 83713 and whose Public Works Contractor License # is C-003938. INTRODUCTION Whereas, the City has a need for services involving NW 2ND STREET WATER AND SEWER REPLACEMENT CONSTRUCTION: and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor NW 2ND STREET WATER AND SEWER REPLACEMENT - CONSTRUCTION page 1 of 13 Project 10515A represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $448,492.67. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. NW 2ND STREET WATER AND SEWER REPLACEMENT - CONSTRUCTION page 2 of 13 Project 10515A 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Liquidated Damages: Substantial Completion shall be accomplished within 60 (sixty) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $200.00 (two hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 75 (seventy five) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $200.00 (two hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this NW 2ND STREET WATER AND SEWER REPLACEMENT - CONSTRUCTION page 3 of 13 Project 10515.d Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 6. Independent Contractor: 6.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 6.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 6.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 7. Sub -Contractors: Contractor shall require that all of its sub -contractors be licensed per State of Idaho Statute # 54-1901 8. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 9. Indemnification and Insurance: 9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property NW 2ND STREET WATER AND SEWER REPLACEMENT - CONSTRUCTION page 4 of 13 Project 10515.d and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 9.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 9.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 9.4 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. NW 2ND STREET WATER AND SEWER REPLACEMENT - CONSTRUCTION page 5 of 13 Project 10515A 9.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re -procurement of the contract services. 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 13. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other NW 2ND STREET WATER AND SEWER REPLACEMENT - CONSTRUCTION page 6 of 13 Project 10515A taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 15. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: htta://www.meridiancity.ora/environmental.asr)x?id=13618. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 16. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right -of -Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 17. Reports and Information: 17.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 17.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 18. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. NW 2ND STREET WATER AND SEWER REPLACEMENT - CONSTRUCTION page 7 of 13 Project 10515A 19. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 20. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 21. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 22. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 23. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 24. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 25. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this NW 2ND STREET WATER AND SEWER REPLACEMENT - CONSTRUCTION page 8 of 13 Project 10515.d Agreement is modified as provided above. 26. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 27. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 28. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. 29. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 30. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 32. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 33. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed NW 2ND STREET WATER AND SEWER REPLACEMENT - CONSTRUCTION page 9 of 13 Project 10515.d communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY City of Meridian Purchasing Manager 33 E Broadway Ave Meridian, ID 83642 208-489-0417 CONTRACTOR ALTA CONSTRUCTION, INC Attn: Justin King 619 N. Cloverdale Rd Boise, ID 83713 Phone: 208-853-1720 Email: jkingCa�altaedge.com Idaho Public Works License #C-003938 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF -DIA ally Dated: - Approved by Counci Attest: ALTA CONSTRUCTION, INC ' city 0 r � v FF J? 0 CFNTB, eSJQ Purchasing Approval R °1 BY: , , � ; yz� � KEITH TTS, urchasing Manager Dated::���/� Project Manager Austin Petersen nt BY: WA T, Engineering Dated:: NW 2ND STREET WATER AND SEWER REPLACEMENT - CONSTRUCTION page 10 of 13 Project 10515A EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW -1630-10515.d ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -1630-10515.d, are by this reference made a part hereof. All construction work shall be done in accordance with the 2012 version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). Water and Sewer Main Replacement — NW 2nd Street Railroad St to 200' North of Pine Ave This project includes: the installation of approximately 1300' of new water main and 1400' of 8" sewer main, 14 water meters and water service lines, and 28 sewer service lines to connect existing properties to the new sewer line. See separate documents: • PLANS — NW 2ND STREET WATER AND SEWER REPLACEMENT - CONSTRUCTION by Civil Survey Consultants, Inc signed and stamped March 14, 2016 (9 pages) • Special Provisions for NW 2nd Street Sewer and Water Line Replacement —Construction Project dated March 11, 2016 by Civil Survey Consultants, Inc. (87 pages) NW 2ND STREET WATER AND SEWER REPLACEMENT- CONSTRUCTION page 11 of 13 Project 10515A Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $448,492.67. NW 2ND STREET WATER AND SEWER REPLACEMENT - CONSTRUCTION page 12 of 13 Project 10515A MILEST{flNlDTES/ACHE©ULE' Milestone 1 Substantial Completion 60 Days from Notice to Proceed Milestone 2 Final Completion 75 Days from Notice to Proceed .PRtGINO SCHEDULES°� Contract includes furnishing all labor, materials, equipment, and incidentals as required for the NW 2ND STREET WATER AND SEWER REPLACEMENT - CONSTRUCTION per IFB PW - 1630 -10515A NOT TO EXCEED CONTRACT TOTAL ....................... $448.492.67 Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. The City will pay the contractor based on actual quantities of each item of work in accordance with the contract documents. IC '91 'Schedule Item No. Description Quantity Unit Unit Price 205.4.1.8.1. Dewatering 1 LS $ 11,500.00 303.4.1.A.1. Exploratory Excavation 16 HR $ 258.75 (Pre -Approval Required) 306.4.1.D.1. Imported Trench Backfill, Type A 1,000 TON $ 9.89 (Pre -Approval Required) 307.4.1.E.1. Type C Surface Restoration 292 SY $ 13.66 307.4.1.G. i Type nP "Surface Restoration — 450 SY $ 37.28 .a. NW 2 Street Shoulders 307.4.1.G.1.b. Type "P" Surface Restoration — 180 SY $ 51.33 Idaho and Broadway Avenue 307.4.1.1-1.1. Full Width Surface Restoration 4,153 SY $ 20.44 401.4.1.A.1.a. 6" PVC, AWWA C900, DR 18 44 LF $ 30.31 Water Main 401.4.1.A.1.b. 8" PVC, AWWA C900, DR -I8 1,256 LF $ 27.19 Water Main 402.4.1.A.1.a. 6" Gate Valve 3 EA $ 797.33 402.4.1.A.1.b. 8" Gate Valve 8 EA $ 1,046.50 403.4.1.A.1. Fire Hydrant Assembly 3 EA $ 2,438.00 404.4.1.A.1.a. 3/4"0 Standard Water Service Connection 11 EA $ 1,181.36 404.4.1.A.i.b. 1"0 Standard Water Service Connection 2 EA $ 1,000.50 404.4.1.A.i.c. 1 2"0 Standard Water Service Connection 1 EA $ 3,266.00 NW 2ND STREET WATER AND SEWER REPLACEMENT - CONSTRUCTION page 12 of 13 Project 10515A 501.4.1.B.1.a. 8" PVC, ASTM D3034, DR35, Sanitary Sewer Pipe 1,246 LF $ 38.25 501.4.1.B.1.b. Pi PVC, AWWA C900, Water Class Sanitary Sewer 125 LF $ 43.12 502.4.1.A.1. 48" Standard Sanitary Sewer Manhole, Type A 6 EA $ 3,308.16 503.4.1.A.3.a. 4" Sewer Service Cleanout 30 EA $ 115.00 503.4.1.A.3.b. 6" Sewer Service Cleanout 4 EA $ 140.87 504.4.1.A.1.a. 4" PVC, ASTM D3034, Sewer Service Pipe 2,826 LF $ 24.41 504.4.1.A.i.b. 6" PVC, ASTM D3034, Sewer Service Pipe 389 LF $ 13.71 504.4.1.D.i.a. 4" Sewer Service Connection to Main 26 EA $ 92.00 504.4.1.D.i.b. 6" Sewer Service Connection to Main 2 EA $ 224.25 706.4.1.G.1. Concrete Repair 75 SY $ 38.80 1001.4.2.A.1. Staging Area 1 EA $ 575.00 1003.4.1.G.1. Straw Wattle 65 LF $ 5.30 1006.4.1.C.1. Inlet Protection 16 EA $ 57.50 1103.4.1.A.1. Traffic Control 1 LS $ 10,700.00 2010.4.1.A.1. Mobilization 1 LS $ 42,150.00 SP-1 Lawn Sod Restoration 645 SF $ 2.85 SP-2 Abandon Existing Water Main 9 EA $ 370.55 SP-3 Abandon Existing Water Service 14 EA $ 98.57 SP-4 Connect Existing Water Lines to New Water Service 12 EA $ 210.83 SP-5 Install New Main in Existing Steel Casing 44 LF $ 32.40 SP-6a 1"G Water Service Line Main to Meter 47 LF $ 12.00 SP-6b 2"0 Water Service Line Main to Meter 29 LF $ 25.40 SP-7 Reroute Plumbing in Crawl Space 1 EA $ 4,280.00 SP-8 Traffic Rated Vault and Lid 3 EA $ 360.33 SP-9a 2"0 (IPS) HDPE, PE 3408/4710, DR11, Water Service Sleeve 17 LF $ 19.61 SP-9b 6" PVC, AWWA C900, DR25, Sewer Service Sleeve 54 LF $ 6.38 SP-10 Water Service Line Meter to Buildin 279 LF $ 12.15 SP-11 Locate Existing Service Line with CCTV Inspection 3 LA $ 285.33 SP-12 Drainage Structure Per Detail on Sheet 2 1 EA $ 2,485.15 NW 2ND STREET WATER AND SEWER REPLACEMENT - CONSTRUCTION page 13 of 13 Project 10515.d Z 0 9 ' _ J 8 b b n zroN ox.°mi 1.n 1N3W3JV9d3U 3NI7 U31VM T U3M39 mon n.wium •° ca°z � o SaMAMS arms (LKV Saaamf)x8 DMIMSNea 133ULS CINE MN a a ONI 'SINVITISN0D [SAUS 'IIAID W 3� NVICIIa3W d0 AlICI &�4Z8'M q Seg € {E6 Y § wwg 888LLvaF��� �ielljl4� $ oaLi ro- g� W AIR. �4� 8 2ro.�ggF ?. 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BROADWAY AVENUE, SUITE 200 MERIDIAN, IDAHO 83642 (208) 898.5500 CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 —IA00�, ae �ack�n�ca1 & ear (501 With 160 ..1sww d �nsttiiUt`! 11t Au1 `' ; 011 1, ©� G� a� nvna `eats\tuc e e Ce0 ub�itt� 4 °��i d� Vei a e P%9103 / i one Y on9ineet iette� dated ►e eC to epi to: pi t o"Al", tevitiVie��ies •Ch1�i at 01'etriaa� itis iws CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT GENERAL PROVISIONS 1. BASIS OF PAYMENT Except as modified herein, the various work items called for on the "Bid Schedule" will be performed, measured and paid for as indicated on said Bid Schedule and as provided in the C:urreiit I-dition of the Idaho StandArds For Public Works Construction (18PWC); the Cityoof ,do ed -AC11D S'upplemegts. The Contractor is required to be a current holder of the Idaho Standards For Public Works Construction, Meridian Supplemental Specifications and Drawings, and all ACHD supplements. Any work required to complete the project but not specifically included in a bid item shall be considered incidental to the project and no separate payment shall be made. 2. DAMAGE The Contractor will be responsible for retaining and protecting all fire hydrants, mail boxes, sprinkler systems, shrubs, sod, landscaping, trees, fences, etc., within the construction limits, unless otherwise shown on the plans. The Contractor will also be responsible for retaining and protecting all improvements outside the construction limits. Any items damaged shall be promptly repaired or replaced to a condition "equal to or better" than existed prior to construction by the Contractor. The cost to complete such repairs shall be considered as incidental to the cost of the project and no separate payment will be made. 3. PROJECT MAINTENANCE The Contractor will be responsible for project maintenance throughout the life of the contract. This responsibility includes, but is not limited to, dust control, maintenance of irrigation facilities, blading, maintenance of detours, maintenance of all intersecting street approaches, proper and adequate drainage, access for emergency equipment and appropriate access for property owners. The cost of all maintenance work shall be considered incidental to other project work and no separate payment will be made. 4. COORDINATION It shall be the Contractor's responsibility to contact and work with the property owners, irrigation districts, ditch riders, utility companies, and any other parties as necessary to coordinate and ,install improvements required by this project. This coordination effort shall include, but not be limited to, coordination with utility companies in their efforts to relocate their facilities as a result NW. 2ND Street Sewer and Water line Replacement Project #10515A of this project, and working other than normal working hours to permit the relocation of the utilities and construction of the required improvements within the time frame of this contract. Utility information is shown only for surface features. The information shown is for reference purposes only and does not necessarily represent actual field conditions. The Engineer assumes no liability for the accuracy of the information shown, or conflicts due to inaccurate or incomplete utility information. The Contractor shall call Dig Line a minimum of 48 hours prior to any excavation to request utility locations at 1-800-342-1585. The Contractor shall expose all existing utility crossings to verify locations and elevations prior to any other construction that may affect those utilities. The cost associated with exposing the existing utilities is considered incidental to the project and no separate payment will be made unless otherwise specified on plans. Contractor shall coordinate all work with property owners and complete all work within existing public utilities or irrigation easements. All disturbed surfaces shall be restored to a condition equal to or better than existed prior to construction. All surface restoration shall be considered incidental to the project and no separate payment will be made. 5. ACCESS TO PROJECT Local access, business, and emergency vehicle access shall be maintained at all tunes. 6. QUANTITY PAYMENT Payment will be made for the actual quantity of each bid item completely installed and accepted by the Owner. Payment will be based upon the units specified for each item at the unit prices shown in the bid schedule or approved change order. 7. COMPACTION Compaction requirements shall be in accordance with Section 204 — Structural Excavation and Compacting Backfill, Section 306 - Trench Backfill, and applicable sections of Division 800 — Aggregates & Asphalts, of the ISPWC Specifications. The cost to complete this work including watering and drying shall be considered incidental to the cost of the project and no additional payment shall be made. Contractor shall provide compaction testing of all materials by an independent thirty party testing firm. A copy of testing results shall be provided to the City Public Works Inspector. All trench excavation and backfill shall conform to Division 300 of the ISPWC. All excavation and trenching shall meet OSHA requirements and the applicable portions of Division 300 "Trenching". All cost to complete trench excavation and backfill is considered incidental to the pipe installation bid item and no separate payment will be made. NW. 2ND Street Sewer and Water line Replacement Project #10515A 8. LANDSCAPING The Contractor shall maintain the existing landscaping in the same condition as found. If the contractor is unable to work around the landscaping then the work shall be completed and the contractor shall repair or replace the landscaping to an "as good or better condition" than existed before work started. The Contractor shall retain and protect any sprinkler systems encountered, unless specifically designated otherwise. The cost of this work shall be considered incidental to the project. All work to remove and reinstall existing trees or bushes shall be completed by a licensed landscape contractor. Removed trees or bushes that Contractor plans to reinstall shall be properly bedded and irrigated during construction activities. If existing trees and bushes are replaced with a new tree or bush, they shall be of same type and property owner shall approve items prior to Contractor planting items. Each new tree shall have a minimum caliper of 2 -inches. MISCELLANEOUS The Contractor shall repair or pay the owner to repair, any utility damaged during construction. The Contractor shall repair any sprinkler systems damaged during construction. The cost of these repairs, unless specifically identified as a bid item, shall be considered as incidental to the cost of the project, and no separate payment will be made. Removing and resetting of any existing street signs, fences, mailboxes, or miscellaneous items as required shall be incidental to the project and no separate payment shall be made. The Contractor shall perform, coordinate and schedule various construction tasks such that adequate protection is provided to all existing and new underground utilities. 10. HIGH VOLTAGE, OVERHEAD, POWER LINES The Contractor's attention is directed to, and compliance is required with, the requirements of Title 55, chapter 24, Idaho Code, which regulates certain work by contractors near high voltage, overhead, power lines. 11. SURVEYING The Owner will provide one set of horizontal control construction stakes for each new water service vault, fire hydrant, water main bend and at 100' intervals along water main. Horizontal and vertical control construction stakes shall be provided for each new sewer manhole and at one intermediate point on the new sewer main when the distance between manholes is greater than 300'. Each new sewer service line shall also be staked at the right-of-way line with horizontal and vertical control provided. It shall be the Contractor's responsibility to protect construction stakes once requested by the Contractor. Construction stakes destroyed after being requested by the Contractor shall be restored at Contractor's expense. These costs shall be deducted from progress payments. The NW. 2ND Street Sewer and Water line Replacement Project #10515A Contractor shall remove all construction stakes remaining at project completion. The cost to remove stakes shall be considered incidental to the project. Contractor shall preserve all survey land monuments. If monuments are disturbed, Contractor shall be responsible for having a licensed professional surveyor reestablish monuments. Cost shall be considered incidental to project. If Contractor fails to have monuments reestablished the Owner shall contract with a licensed survey to reestablish disturbed monuments and the cost shall be deducted from the final payment. 12. TESTING Contractor shall provide compaction testing of all materials by an independent thirty party testing firm. A copy of testing results shall be provided to the City Public Works Inspector Trenches and asphalt shall be tested per the appropriate section of the ISPWC. Re -testing necessitated by the failure of quality assurance testing of materials placed by the Contractor shall be at the Contractor's expense. These costs shall be deducted from progress payments. 13. ON-SITE SUPERVISION The General Contractor shall provide competent on-site supervision during any and all construction activities by his forces or subcontractors. The superintendent shall be identified at the preeonstruction conference, and at a minimum be on-site fiom notice to'proceed date to the substantial completion date. If for any reason the superintendent needs to be replaced by the General Contractor, a written notice must be submitted to the Owner within (5) five working days before the event occurs. 14. PERMITS The Contractor, at his own expense, shall procure all permits, certificates and licenses required of him by law for execution of the work. He shall comply with all federal, state, or local laws, ordinances or rules and regulations relating to the performance of the work. He shall file such reports of construction as required by law. The cost for this work is considered incidental to the project and no separate payment will be made. Contractor shall be responsible for obtaining an ACRD right of way permit (which is a no cost permit) and provide a copy of permit to the City of Meridian Project Manager prior to construction. Contractor shall be responsible for obtaining a City of Meridian Building Department permit (which is a no cost permit) for each property where contractor is hooking the new water or sewer service line to the existing water or sewer service line. NW. 2ND Street Sewer and Water line Replacement Project #10515A 15. SERVICE INTERUPTIONS Contractor shall provide continuous sewer and water service to all affected properties. Service disruptions of less than 4 hours may be acceptable with prior approval from the city. Property owners shall be notified of any service disruptions a minimum of 48 hours in advance. 16. PRIVATE PROPERTY ACCESS Prior to starting work outside the public right-of-way the Contractor shall obtain written permission from the property owner to access each property and take pictures of each individual property. After all work is complete the Contractor shall take pictures of each individual property and have each property owner provide written documentation that their property has been restored to an acceptable level. A copy of the pictures and written documentation shall be provided to the City. Contractor shall notify each property owner a minimum of 48 hours in advance of starting work on their property and/or any service interruptions. The Contractor shall be responsible for having each property owner sign the release form provided in Appendix B of these documents. The form shall be signed once all work has been completed. Final payment shall not be made by the City of Meridian until a copy of each form has been provided to the City. SPECIAL PROVISIONS 307.4.1.G.1. — TYPE P SURFACE RESTORATION ON PAGE 6 OF SECTION 307 OF THE ISPWC, PART 3.8.K, add the following: The existing paved shoulders along NW 2" a Street south of Broadway Avenue shall be regraded and repaved per the detail on sheet 2 of the plans. The Ada County Highway District would like to use this section to regrade the shoulders and provide positive drainage to existing or new drainage structures. Contractor shall coordinate this work with the Ada County Highway District and provide this work under their direction. 2. 205.4.1.B.1. — DEWATERING ON PAGE I OF SECTION 205 OF THE ISPWC, PART 1.4.A, replace the entire section with the following: The Contractor shall prepare a dewatering plan that will dewater all trenches to draw the groundwater to one foot below the bottom of the trench. The plan shall include a statement of the method, installation and operation details of the proposed method, disposal location, schedule, erosion and siltation control. Include a description of the program to monitor water quality during dewatering. Contractor shall prepare a contingency plan for equipment or power failure and unexpected flow conditions. The Contractor shall submit the dewatering plan to the City of Meridian for review and approval. The dewatering plan must be approved by the City of Meridian and the Idaho Department of Environmental Quality (IDEQ) prior to starting work. NW. 2ND Street Sewer and Water line Replacement Project #10515A ON PAGE 2 OF SECTION 205 OF THE ISPWC, PART 3.2, add the following: As of the project bidding, the City does not anticipate there to be a disturbance of more than one acre of total area. If the Contractor plans on disturbing more than one acre, the Contractor will be required to prepare a SWPPP and all dewatering shall conform to the EPA Construction Stormwater General Permit for the project. Turbidity monitoring may then be required if there is a direct discharge to a water body that is impaired due to sedimentation/siltation. IDEQ and EPA will review the Notice of Intent (NOI) submitted by the Contractor and will then notify the Contractor if they will be required to perform turbidity monitoring. NOI's must be filed by both the Contractor and the City of Meridian. Disturbance area shall include all stockpile areas and haul routes, even if they are off-site. The Owner has not secured permits to discharge water to any irrigation or storm drain system. Contractor shall be responsible for securing any necessary approvals from governing irrigation district, Ada County Highway District, and property owner's prior to starting construction. ON PAGE 3 OF SECTION 205 OF THE ISPWC, PART 4. 1, add the following: Partial payment for Dewatering shall be made as follows: 1) 50% of the contract unit price will be made on the first progress payment. 2) Remaining 50% of contract unit price will be made on second progress payment. 3. 303.4.1.A.1. — EXPLORATORY EXCAVATION (PRE -APPROVAL REQUIRED) ON PAGE 1 OF SECTION 303 OF THE ISPWC, PART LLA, replace the entire section with the following: This item includes furnishing all materials, equipment and labor necessary to locate existing sewer service line when the existing line is not located within 4' of the location shown on the plans. This item will not be paid if the existing service line is located within 4' of the location shown on the plans. Prior to starting exploratory excavation, the Contractor shall receive prior approval from the City of Meridian Inspector. ON PAGE 3 OF SECTION 303 OF THE ISPWC, PART 4. LA, add the following: Payment will not be made for the exploratory excavation without prior approval by the City of Meridian Inspector. 4. 306.4.1.C.1. — IMPORTED TRENCH BACKFILL, TYPE A ON PAGE 1 OF SECTION 306 OF THE ISPWC, PART 1, add the following: This item shall only be used when excavated trench materials are deemed unsuitable for use. The Contractor is not required to remove all trench excavation materials from the site and replace NW. 2N1) Street Sewer and Water line Replacement Project #10515A them with imported trench backfill. Prior to importing trench backfill, the Contractor shall receive prior approval from the City of Meridian Inspector. ON PAGE 3 OF SECTION 306 OF THE ISPWC, PART 3, add the following: The Contractor shall handle and store all excavated trench materials in such a manner as to preserve the quality of the materials. If materials are not preserved and therefore deemed unsuitable for use, Contractor shall import suitable materials at no additional cost to the City. ON PAGE 7 OF SECTION 306 OF THE ISPWC, PART 4, add the following: Payment will not be made for the imported trench backfill without prior approval by the City of Meridian Inspector. 5. 401.4.1.A.1. — WATER MAIN ON PAGE 1 OF SECTION 401 OF THE ISPWC, PART 1.1.C, add the following, Contractor shall provide a high line water service by-pass system as required to provide continuous water service. The system layout and all materials shall be preapproved by the City of Meridian Water Division. Contractor shall disinfect the system as directed by the City of Meridian Water Division and Public Works Inspector. ON PAGE 17 OF SECTION 401 OF THE ISPWC, PART 4.1.A., add the following, Fittings are called out on the plans in order to aid the Contractor in understanding the intent of the planned construction. All required fittings are considered incidental to the pipe bid item and no separate payment will be made. Any additional fittings required to complete the work which are not shown on the plans shall be furnished and installed by the Contractor under the pipe bid item and no separate payment will be made. The Contractor may provide fittings differing from those called for on the plans with the approval of the Meridian Public Works Department. The Contractor shall provide all materials, equipment, and labor necessary to make adjustments at non -potable pipe crossings to install water main in accordance with the Idaho Rules for Public Drinking Water Systems (IDAPA 58.01.08). ON PAGE 1 OF SECTION 401 OF THE ISPWC, PART 3.9, add the following, Flushing and disinfection shall be in accordance with section 401.3.9 of the City of Meridian Supplemental Specification and Drawings to the ISPWC. Heavily chlorinated water (above normal system residuals) shall be flushed through a dechlorinator such as a Romac Dechlorinator (378-0320) or other commercial device capable of dechlorinating the disinfection water concentration and flow encountered. Contractor shall receive permission in writing from land owner, irrigation district or storm drain system owner prior to discharging to land, irrigation facility or storm drain system. NW. 2ND Street Sewer and Water line Replacement Project #10515A Flushing shall also be in accordance with the Idaho Department of Enviromnental Quality (IDEQ) Guidance for Public Water System Disposal of Water from Construction, Maintenance, and Operations. This document can be found at: hPi?. wwrv.dec,J tI17:i_1 1%1»�rs-dispt� a(- E���I�irtccry0 14,1 c1f 6. 402.4.1.A.1. — GATE VALVE, ON PAGE 4 OF SECTION 402 OF THE ISPWC, PART 2.7, add the following: Valve box lids within Pine Avenue shall be a non -pop lid as manufactured by SW Services. Lid shall be blue in color and stamped "WATER". ON PAGE 4 OF SECTION 402 OF THE ISPWC, PART 3.2, add the following: Contractor shall protect and retain valve covers through all phases of construction. Preliminary adjustments may be required to allow placing of base courses and paving over the valve boxes. Valve boxes shall be adjusted to final grade and the concrete collar constructed after paving is completed. 7. 403.4.1.A.1. — FIRE HYDRANT ASSEMBLY ON PAGE 3 OF SECTION 403, PART 2.3.A., replace the entire section with the following: Hydrants shall be furnished with two layers of factory applied red polyurethane epoxy, alkyd, or epoxy base coat. Acrylic top coat shall be Kelly Moore Paint Company, No. 5780-562 or approved equal. Hydrants shall be installed per Meridian SD -W7. 404.4.1.A.1. — WATER SERVICE CONNECTION ON PAGE 1 OF SECTION 404, PART 1. 1, add the following: This item shall include adjusting the cover to final grade once all roadway and landscape construction is completed. Vault lid shall be set in accordance with Meridian SD -W5. ON PAGE 5 OF SECTION 404, PART 3.2, add the following: Contact Meridian Public Works Inspector a minimum of five (5) days prior to installing the service connection to coordinate meter delivery and installation. 9, 501.4.1.13.1. — SANITARY SEWER PIPE ON PAGE 5 OF SECTION 501 OF THE ISPWC, PART 3, add the following: NW. 2ND Street Sewer and Water line Replacement Project #10515A Contractor shall handle and store all excavated trench materials in such a manner as to preserve the quality of the materials. If materials are not preserved and therefore deemed unsuitable for use, Contractor shall import suitable materials at no additional cost to the City. Sewage shall only be allowed to flow in new pipe once it has been tested and approved by the City of Meridian. 10. 502ALAA. — SEWER MANHOLE ON PAGE 4 OF SECTION 502 OF THE ISPWC, PART 3, add the following: Contractor shall protect and retain manhole covers through all phases of construction. Preliminary adjustments may be required to allow placing of base courses and paving over the manhole covers. Manhole covers shall be adjusted to final grade and the concrete collar constructed after paving is completed. ON PAGE 4 OF SECTION 502 OF THE ISPWC, PART 3.3, add the following: The existing sewer main in Broadway Avenue is a clay pipe sliplined with an HDPE pipe. The clay pipe shall be cut back as necessary to allow the HDPE pipe to be connected to the new manhole. Prior to backfilling, the annular space between the existing clay and HDPE sewer mains shall be filled with a low strength grout in accordance with Section 508 of the ISPWC at each exposed point. The grout shall extend a minimum distance of twenty-four (24") inches into the annular space. 11. 503.4.1.A.3. — SEWER SERVICE CLEANOUT ON PAGE 2 OF SECTION 503 OF THE ISPWC, PART 2.2.A, add the following: Nonbolt-down covers per ISPWC SD -506B shall be used in all areas (including lawn areas) except a threaded PVC cap may be used in landscape planter areas and when cleanout is placed next to building when approved by the property owner. ON PAGE 2 OF SECTION 503 OF THE ISPWC, PART 3. 1, add the following: Cleanout shown on project documents are approximations and all required cleanouts may not be shown. Cleanouts shall be added and located as needed to meet Idaho Plumbing Code and City of Meridian Building Department requirements. At a minimum one existing or new cleanout shall be provided at the connection point to the existing service line. Existing cleanouts shall be adjusted as needed to complete the connection to the existing service line. Cleanouts shall be installed as needed to allow the service line to be properly cleaned and CCTV inspectioned when necessary. ON PAGE 3 OF SECTION 503 OF THE ISPWC, PART 3.4, add the following: Covers shall be adjusted to final grade after final grading is completed. Nonbolt-down covers shall be set flush with finished grade. Threaded PVC cap shall be set four inches above finished NW. 2ND Street Sewer and Water line Replacement Project #10515A grade. A concrete collar shall only be required when cleanout is placed in pavement, gravel driveways and other potential traffic areas. 12. 504.4.1.A.1. — SEWER SERVICE PIPE ON PAGE 3 OF SECTION 504 OF THE ISPWC, PART 3, add the following: All surface restoration, landscape restoration, sprinkler repair, fence repair and other necessary site repairs outside the public right-of-way shall be considered incidental to this bid item. Abandoning of the existing sewer service line shall also be considered incidental to this bid item. All work to install the service line that occurs outside the public right-of-way shall be inspected by the City of Meridian Building Department. Contractor shall coordinate inspection with building department. The City of Meridian Public Works Department shall inspect all sewer line work within the public right-of-way. Contractor shall be responsible for all necessary coordinating with property owner to complete project. This shall include but not be limited to the moving of automibles and other items that the property owner prefers to move themselves. ON PAGE 3 OF SECTION 504 OF THE ISPWC, PART 3, add the following: Prior to starting work outside the public right-of-way the Contractor shall obtain written permission from the property owner to access each property and take pictures of each individual property. After all work is complete the Contractor shall take pictures of each individual property and have each property owner provide written documentation that their property has been restored to an acceptable level. A copy of the pictures and written documentation shall be provided to the City. Contractor shall notify each property owner a minimum of 48 hours in advance of starting work on their property and/or any service interruptions. The Contractor shall be responsible for having each property owner sign the release form provided in Appendix B of these docwnents. The form shall be signed once all work has been completed. Final payment shall not be made by the City of Meridian until a copy of each form has been provided to the City. The connection point to the existing sewer service may be other than shown on plans with approval of owner and engineer. The location of the existing sewer service lines are approximations based on existing sewer main CCTV inspections and home inspections. The existing service line locations and the new connection point may differ from those shown on the plans. Contractor shall verify the location of the existing service line prior to starting the installation of the new service line. The new services lines shall be installed at a minimum slope of 2% if possible. The minimum slope shall never be flatter than 1%. NW 2ND Street Sewer and Water line Replacement Project 410515A Abandoning of the existing sewer service line shall not occur until the new service line has been inspected and approved for use by the Building Department. The existing service line shall plugged with 12" of concrete downstream of the new connection. Contractor shall repair or replace all surfaces, fences, sprinkler and other items damaged during construction. All lawn repairs outside the public right-of-way shall be sod (no seed allowed) per bid item SP -1 but considered incidental to bid item 504.4.1.A.1. Pavement and concrete repairs outside public right-of-way shall match existing asphalt, concrete, and base thickness. All concrete repair shall occur from existing joint to existing joint. 13. 706.4.I.G.1. — CONCRETE REPAIR ON PAGE 3 OF SECTION 706 OF THE ISPWC, PART 3, add the following: All pedestrian ramps damaged during construction shall be reconstructed with ADA detectable warning domes in accordance with the ISPWC, ACHD supplements, and ADA requirements. All concrete repair shall occur from existing joint to existing joint. ON PAGE 7 OF SECTION 706 OF THE ISPWC, PART 4.1.G., add the following: Construction limits for this item shall be as shown on the plans. Any concrete repair required beyond the specified construction limits shall be made by the Contractor at his expense and no separate payment will be made unless preapproved by the City of Meridian. 14. 1001.4.2.A.1. — STAGING AREA ON PAGE 1 OF SECTION 1001 OF THE ISPWC, PART 1.1, add the following: This item shall also include furnishing all materials, equipment and labor required to provide storm water management during construction in accordance with the City of Meridian's Construction Storm Water Management Program. See Appendix A. ON PAGE 1 OF SECTION 1001 OF THE ISPWC, PART 1.1, add the following: The Erosion and Sediment Control Plan (ESCP) was prepared by the Design Engineer and is part of the plans. The ESCP has been preliminarily approved by the Ada County Highway District (ACHD) Storm Water Department and the City of Meridian Surface Water Administrator. The Contractor will need to submit the ESCP to ACHD for final approval. The Contractor shall make any required changes to the ESCP to reflect actual construction activities and to get final approval fiom ACHD. A copy of the final ESCP approved by ACHD for the right-of-way permit shall be provided to the City of Meridian prior to starting work. Coordinate erosion and sediment control activities with the City Project Manager, City Inspector and or Surface Water Administrator. A Stormwater Pollution Prevention Plan (SWPPP) shall be required for this project under EPA coverage. A SWPPP has been prepared by the Design Engineer and has been preliminarily approved by the City of Meridian Surface Water Administrator. The Contractor shall amend the NW. 2ND Street Sewer and Water line Replacement Project #10515A SWPPP (or the current EPA SWPPP template shall be completed) to include Contractor specific information and for site specific conditions and/or changes in BMP's as necessary. The Contractor shall submit the SWPPP to the City for review and approval prior to starting earth disturbing activities. See appendix for additional requirements. Contractor is responsible for installing, maintaining, removing and disposing of all Best Management Practices (BMPs) and for all documentation required to keep the ESCP current. All items that are not specifically itemized on the bid schedule shall be considered incidental to the proj ect. Contractor shall be responsible for providing all storm water management in accordance with all local, state, and federal laws. Contractor shall determine expected area of disturbance and apply for applicable permits. Contractor shall prepare and submit Storm Water Pollution Prevention Plan (SWPPP), Notice of Intent, Notice of Termination, and any other required forms to the EPA as required. 15. 1103.4. LA, 1. — TRAFFIC CONTROL ON PAGE 5 OF SECTION 1103 OF THE ISPWC, PART 3.1.13, add the following: The traffic control plan was prepared for demonstration purposes and to assist the Contractor in obtaining an ACHD right-of-way permit prior to starting work. The traffic control plan has not been approved by ACHD and additional traffic control items may be required by ACRD. Contractor shall modify traffic control plan and provide all required traffic control items as required by ACHD. ON PAGE 7 OF SECTION 1103 OF THE ISPWC, PART 4.1.A., replace the entire section with: Payment for Traffic Control shall be on a lump sum basis. Partial payment for Partial payment shall be made as follows: 1) 50% of the contract unit price will be made on the first progress payment. 2) Remaining 50% of contract unit price will be made on second progress payment. 16. 2010.4.1.A.1. — MOBILIZATION ON PAGE 1 OF SECTION 2010 OF THE ISPWC, PART 2.1.A., replace the entire section with: Project information signs shall be furnished, installed and subsequently removed at each end of the project. Signs shall be prepared in accordance with ACHD permit, City of Meridian requirements, and ISPWC Standard Drawing SD -2010C. ON PAGE 2 OF SECTION 2010 OF THE ISPWC, PART 4.1.A., replace the entire section with: Payment for Mobilization shall be on a lump sum basis. Partial payment for Mobilization shall be made as follows: 1) 50% of the contract unit price will be made on the first progress payment. 2) Remaining 50% of contract unit price will be made on second progress payment. 17. SP -1 — LAWN SOD RESTORATION Description: This item includes furnishing all materials, equipment, and labor necessary to restore existing sod surfaces or establish new sod surfaces at the locations specifically shown on NW. 2ND Street Sewer and Water line Replacement Project ##10515A the plans. All other existing sod areas damaged during construction shall be restored and considered incidental to the project. Materials: Fertilizers shall comply with the following chemical analysis: 15% to 20% Nitrogen (N) 20% to 25% Phosphorous (P2O5) 2% to 10% Potassium (K2O) Sod shall consist of Merrion, Parks, Delta or Windsor Kentucky Bluegrass or combinations of approved fine textured grasses suitable for the area to be sodded and closely matching adjacent grass. Workmanship: The lawn areas shall be tilled to a minimum depth of 6 inches by such means as will loosen the soil and bring it to condition suitable for fine grading. Prior to and during the operation, the surface shall be made free of vegetative growth. All stones, hard clods, roots, sticks, debris and other matter encountered during tilling which are detrimental to the preparation of a good seed bed, or which are toxic to the growth of grass, shall be removed. Four inches of topsoil shall then be placed under the areas to receive sod. The area shall be floated and rolled to bring it to the finished grade. All irregularities in the surface that form pockets where water will stand shall be smoothed out to provide good drainage. The finished grade of lawn area adjacent to walks, curbs, driveways and pavements shall be approximately 1 inch below adjacent grades. Fertilizers shall be spread evenly over the cultivated areas at a rate of 4 pounds per 1,000 square feet and shall be uniformly incorporated into the upper 3 inches of the soil, after which the areas shall be worked as necessary to provide a smooth, firm but friable lawn bed at the established grades. Sod shall be placed in straight strips. The joints between strips shall be butted together, tight and without gaps. Sod shall be placed in a manner to stagger the end joints of the rolls. The sod shall be rolled with a 100 -pound roller after placement. The surface of the finished sod shall be smooth, uniform and mowable. Contractor shall repair any damaged sprinkler systems and adjust all disturbed sprinkler heads. Measurement and Payment: Lawn Sod Restoration shall be on a square foot basis and shall include all labor, equipment, and materials necessary for the completion of the bid item. Construction limits for this item shall be as shown on the plans. Any sod restoration required beyond the specified construction limits shall be made by the Contractor at his expense and no separate payment will be made unless preapproved by the City. Payment for this item shall be made under: SP -1 Lawn Sod Restoration....,. ........ ..................:.......,..,.. .......Per Square Foot NW. 21D Street Sewer and Water line Replacement Project #10515A 18. SP -2 — ABANDON EXISTING WATER MAIN Description: This section of the specifications includes furnishing all materials, equipment and labor necessary to. abandon existing water main at the -locations shown on the plans, In, addition to 6andoning the existing water main in NW 21"1 Street there is an existing 2" water line in the Alley north of Pine Avenue and to the east of NW 2"" Street that shall be abandoned tinder this bid item. The 2" line shall be disconnected from the existing water main in Pine Avenue and disconnection shall be completed in accordance with these specifications and City of Meridian Water Division approval. Workmanship: All water mains shall be abandoned in place. Abandoning an existing main shall only occur following the completion of the new replacement main, and transferring all service connections to the new main. Abandonment shall consist of excavating the existing main at each location that the connection to the existing system shall be terminated. The contractor shall then disconnect the main to be abandoned and remove a minimum of five feet of the existing main line. Contractor shall install a mechanical joint cap or plug, or blind flange as applicable with a thrust block on abandoned and retained water main lines. As an alternative, the existing water main may be filled at each end with one foot of concrete. In cases where there is an existing valve, the valve shall be completely removed and a cap, plug, or blind flange installed as appropriate complete with thrust block. Contractor shall allow the City to inspect all removed materials and the City shall determine which materials they wish to retain. Contractor shall deliver all materials the City wishes to retain to the City Water Department storage yard. Contractor shall remove all other materials from the job site and dispose of them at an appropriate site. Measurement and Payment: Abandon Existing Water Main shall be on a per each basis and shall include all labor, equipment, and materials necessary for the completion of the bid item. Payment for this item shall be made under: SP -2 Abandon Existing Water Main... .... , .... ., .... . ............ . .....Per Each 19. SP -3 — ABANDON EXISTING WATER SERVICE Description: This item includes furnishing all materials, equipment, and labor necessary to abandon existing water service at the locations shown on the plans. Workmanship: Existing water services shall only be abandoned once the new water service has been installed, disinfected, tested, and put in service. Abandoned service pipe and shall be removed to the extent possible, without performing significant amounts of additional unnecessary excavation. No additional payments will be made for surface restoration necessary to remove service pipe. NW. 2 N1 Street Sewer and Water line Replacement Project #10515A Contractor shall remove the existing meter vault and any appurtenances. Meter vault area shall be backfilled and the surface repaired to match adjoining surfaces. Contractor shall allow the City to inspect all removed materials and the City shall determine which materials they wish to retain. Contractor shall deliver all materials the City wishes to retain to the City Water Department storage yard. Contractor shall remove all other materials from the job site and dispose of them at an appropriate site. Measurement and Payment: Abandon Existing Water Service shall be on per each basis and shall include all labor, equipment, and materials necessary for the completion of the bid item. Payment for this item shall be made under: SP -3 ABANDON EXISTING WATER SERVICE ................... i ..................... Per Each 20. SP -4 — CONNECT EXISTING WATER LINES TO NEW WATER SERVICE Description: This item includes furnishing all materials, equipment and labor necessary to connect existing water lines on property owner side of meter to new water service as shown on the plans. Workmanship: Existing potable water lines to buildings and existing irrigation lines shall be disconnected from the existing water meter and connected to the new water service connection provided under bid item 404.4.I.A.1. The existing lines shall only be disconnected from the existing water services and connected to the new water service once the new water service connections are complete and approved for service by the city. Existing water line sizes may not match new water service connection installed under bid item 404A.1.A.1. Contractor shall provide all fittings required to complete connection. Contractor shall repair or replace landscaping, sprinkler systems, or other items damaged during construction. Measurement and Payment: Connect Existing Water Lines to New Water Service shall be on a per each basis and shall include all labor, equipment, and materials necessary for the completion of the bid item. Payment for this item shall be made under: SP -4 Connect Existing Water Lines to New Water Service................................Per Each 21. SP -5 — INSTALL NEW MAIN IN EXISTING STEEL CASING Description: This item includes furnishing all materials, equipment and labor necessary to install the new water main or sewer main inside the existing steel casing pipe at the locations shown on the plans. This item shall include, pipe skids, joint restraints, end seals and all appurtenances required for a complete and workable installation. NW. 2ND Street Sewer and Water line Replacement Project #10515A Materials: Carrier pipe skids shall be Calpico Model PX spacers or approved equivalent. Joint restraints shall be Uni-Flange Series 1350 or approved equal. Contractor shall verify joint restraints fit inside casing and adjust casing size as necessary prior to ordering casing. The ends of the annular space shall be sealed with 1/8" thick neoprene seal boots attached to the pipe with stainless steel worm gear bands. Workmanship: The casing pipe shall be installed at the same slope as the carrier pipe and the carrier pipe shall be centered inside the casing pipe. Joint restraints shall be installed on water main at each joint inside casing. The annular space between the casing and carrier pipes shall be filled in accordance with the ISPWC and City of Meridian Supplemental Specifications. The existing casing pipe has a 3/8" thick steel plate tack welded to each end. The contractor shall cut off tack welds and grind them smooth. Measurement and Payment: Install New Main in Existing Steel Casing shall be on a per linear foot basis and shall include all labor, equipment, and materials necessary for the completion of the bid item. Payment for this item shall be made under: SP -5 Install New Main in Existing Steel Casing............... ......Per Linear Foot 22. SP -6 — WATER SERVICE LINE (MAIN TO METER) Description: This item includes furnishing all materials, equipment and labor necessary to install a new water service line at the locations shown on the plans. This item shall include connecting an existing water service to the new water main. This item shall be used when the existing meter is to be retained. When the existing meter is to be replaced the service line shall be furnished and installed under Bid Item 404.4.1.A.1, Workmanship: City of Meridian Specifications prohibit the splicing of water service lines therefore a new line shall be installed continuous from the new water main to the existing meter setter unless identified on the plans and approved by the City of Meridian. Transferring the connection of a service from an existing main to a new main shall only occur after the new main is completed, pressure tested, disinfected and approved for service. Transferring the service shall consist of excavating the service at the water meter, excavation of a trench from the existing meter to the new water main, furnishing and installing a tapping saddle and corporation stop, furnishing and installing a new service line from the new main to the existing meter setter, making all connections, and backfilling the trench. The existing service pipe shall be removed to the extent possible, without performing significant amounts of additional unnecessary excavation, and disconnected by closing the corporation stop at the existing main if possible, or sealed by installing a cap or plug on the end of the pipe to allow the existing main to remain in service until all service connections are completely transferred. NW. 2ND Street Sewer and Water line Replacement Project #10515A Measurement and Payment: Water Service Line shall be on a per linear foot basis and shall include all labor, equipment, and materials necessary for the completion of the bid item. Payment for this item shall be made under: SP -6 Water Service Line ..................... . . . . . . _ .Per Linear Foot 23. SP -7 — REROUTE PLUMBING IN CRAWL SPACE Description: This item includes furnishing all materials, equipment and labor necessary to reroute plumbing in crawl space at the locations identified on the plans to allow the building sewer to be turned around to drain toward the road instead of towards the back of the property. This item includes connecting the new plumbing to the new service line installed to the building under bid item 504.4.1.A.1 This item has been identified on the plans when it has been determined that the new sewer main in the road is not deep enough to run the new sewer line around the outside of the building to the existing service line at the back of the building. All work shall be inspected by the City of Meridian Building Department. Contractor shall coordinate inspection with building department. Contractor shall be responsible for coordinate this item with property owner and obtaining permission to enter the home or business. Measurement and Payment: Reroute Plumbing in Crawl Space shall be on a per each basis and shall include all labor, equipment, and materials necessary for the completion of the bid item. Payment for this item shall be made under: SP -7 Reroute Plumbing in Crawl Space , . , . , .., .. . ...... . ......... . .. . .........Per Each 24. SP -8 — TRAFFIC RATED VAULT AND LID Description: This item includes furnishing all materials, equipment, and labor necessary to upgrade water service vault and lid in bid item 404.4.1.A.1. to traffic rated. Materials: The Contractor shall furnish all materials in accordance with Meridian SD -W1. Workmanship: The Contractor shall install all materials in accordance with Meridian SD-Wl. Meter vault lid shall be set in accordance with Meridian SD -W5. Measurement and Payment: Traffic Rated Vault and Lid shall be on a per each basis and shall include all labor, equipment, and materials necessary for the completion of the bid item. Payment for this item shall be made under: NW. 21 Street Sewer and Water line Replacement Project #10515A SP -8 Traffic Rated Vault and Lid.. ..... . , .::... .........Per Each 25. SP -9 — SERVICE SLEEVE Description: This item includes furnishing all materials, equipment, and labor necessary to sleeve water and sewer service lines at the locations shown on the plans. Materials: Water tight end seals shall be 1/8" thick neoprene seal boots attached to the pipe with stainless steel worm gear bands. Workmanship: Carrier pipe skids are not required. The ends of the annular space on all sleeves shall be sealed with water tight seal boots. The entire annular space between the carrier pipe and the sleeve shall not be filled. Measurement and Payment: Water Service Sleeve shall be on a per linear foot basis and shall include all labor, equipment, and materials necessary for the completion of the bid item. Payment for this item shall be made under: SP -9 Service Sleeve....... . .. . ..... ......... a ................... . .Per Linear Foot 26. SP -10 —NEW WATER SERVICE LINE (METER TO BUILDING) Description: This item includes furnishing all materials, equipment and labor necessary for the installation of a new water service line regardless of size, between the meter and the building. New service line size shall match existing service line size on property owner side of meter. If this item has not been identified on the plans, then it shall only be completed when directed to do so by the City of Meridian Public Works Inspector. If it has not been identified on the plans then this item shall only be used when the City determines that there is a problem with the existing service line on the property owner side of the meter and it needs to be replaced. Workmanship: Contractor shall locate existing service line and replace it from the meter up to a point 5' from the outside of the existing building, or a point identified by the City. The new service line shall be connected to the new service connection installed under bid item 404. LA. L. Contractor shall take pictures of each individual property before and after starting work on each property. After all work is complete Contractor shall have each property owner provide written documentation that their property has been restored to an acceptable level. A copy of the pictures and written documentation shall be provided to the City. All surface restoration, landscape restoration, sprinkler repair, fence repair and other necessary site repairs outside the public right-of-way shall be considered incidental to this bid item. NW. 2ND Street Sewer and Water line Replacement Project #10515A All work to install the service line that occurs outside the public right-of-way shall be inspected by the City of Meridian Building Department. Contractor shall coordinate inspection with building department. Installation of the new service line shall be coordinated with the City of Meridian and the property owner. The installation shall not be made until approval is received from the City and the property owner. All work to install the sei vice line that occurs outside the public -right -way shall be inspected by the City of Meridian Building Department. The City of Meridian Public Works Department will inspect all work within the public right-of- way. Service line installation and testing shall be in accordance with the City of Meridian Building Department regulations and the local plumbing code. Measurement and Payment: New Water Service Line shall be on a per linear foot basis and shall include all labor, equipment, and materials necessary for completion of the bid item. Payment for this item shall be made under: SP -10 New Water Service Line ... ............. ........................................ Per Linear Foot 27. SP -11— LOCATE EXISTING SERVICE LINE WITH CCTV Description: This item includes furnishing all materials, equipment and labor necessary to complete a CCTV inspection on existing sewer service lines only at the locations identified on the plans. The CCTV inspection shall be used to locate the existing service line and identify the point of connection to the new service line. Workmanship: Contractor shall be responsible for the reliability of the locating equipment that is used and the accuracy of the locate. If the locate is found to be inaccurate then the Contractor shall be responsible for additional locate services and/or exploratory excavation required to find the existing service line. Additional payments shall not be made by the City of Meridian. Contractor shall be responsible for coordinate this item with property owner and obtaining permission to enter the home or business. Measurement and Payment: Locate Existing Service Line with CCTV shall be on a per each basis and shall include all labor, equipment, and materials necessary for completion of the bid item. Payment for this item shall be made under: SP -1 I Locate Existing Service Line with CCTV........ . ......... ......Per Each NW. 2" Street Sewer and Water line Replacement Project #10515A 28. SP -12 — DRAINAGE STRUCTURE PER DETAIL ON SHEET 2. Description: This item includes furnishing all materials, equipment and labor necessary for the installation of a drainage structure at the locations shown on the plans. ACHD has identified a low spot in the existing aphalt shoulder where there is significant puddling that occurs during storm events. A picture of the area after a storm event has been included at the end of this bid item. The structure shall be placed in the low spot and the surrounding area shall be regraded to provide positive drainage to the structure as needed to eliminate future puddling in this area. Materials; Shall be per the detail on sheet 2 of the plans, ISPWC and ACHD supplement to the ISP WC. Workmanship: Contractor shall coordinate structure location, site regrading limits and inspection with ACHD Project Inspector. Measurement and Payment: Drainage Structure per Detail on Sheet 2 shall be on a per each basis and shall include all labor, equipment, and materials necessary for completion of the bid item. Payment for this item shall be made under: SP -12 Drainage Structure per Detail on Sheet 2.. ..................................•.Per Each NW, 2ND Street Sewer and Water line Replacement ion Storm W515A f I APPENDIX A CONSTRUCTION STORM WATER MANAGEMENT PROGRAM (CSWMP) FOR CITY OF MERIDIAN CONTRUCTION PROJECTS Revised July 2, 2013 NW. 2ND Street Sewer and Water line Replacement Project #10515A CITY CAPITAL IMPROVEMENT PROJECTS WATER POLLUTION CONTROL GENERAL Water pollution control work shall conform to the provisions in the latest edition of the Construction Stormwater Management Program (CSWMP) For City of Meridian Construction Projects and all other local, State and Federal requirements for prevention of stormwater pollution from construction activity including, but not limited to, the U.S. Environmental Protection Agency (EPA) Construction General Permit (CGP). The Contractor shall obtain other National Pollutant Discharge Elimination System (NPDES) permits that apply to activities and mobile operations within or outside of the project limits including asphalt batch plants, material borrow areas, concrete plants, staging areas, storage yards, or access roads. Copies of additional required coverage permits shall be maintained with the stormwater management plan. The Contractor shall perform water pollution control work in conformance with the requirements of the CSWMP; any Stormwater Pollution Prevention Plan (SWPPP) or Erosion Sediment Control Plan (SSCP) as well as the Construction General Permit (CGP) and its addenda in effect on the day Notice of Award is dated, or which became effective during the life of the construction project as directed by the EPA. The CGP and other references to Federal documents related to performing water pollution control work are available from the Environmental Protection Agency's (EPA) web site at: ht# ):Ilcf ub.e a. ov/ii dcs/Storinwater/e ).cfni EROSION AND SEDIMENT CONTROL PLANS For City construction projects that do not require coverage under the CGP, the Design Consultant shall prepare an Erosion and Sediment Control Plan (ESCP). The ESCP will be a simplified version of the SWPPP associated with larger projects and include the following components: ■ Project name, location map, and responsible Contractor; ■ Project description; ■ Identification of potential pollutants and potential impacts on water quality; and, ■ Plan drawings depicting storm water management strategy, including the management of wastes and non -storm water discharges. For City construction projects that do not require coverage under the CGP, and are constructed entirely within the Ada County Highway District (ACRD) right of way, the Design Consultant shall prepare the Erosion and Sediment Control Plan (ESOP) to meet ACHD's storm water management requirements identified in the District's Municipal Separate Storm Sewer System (MS4) permit. A-1 CSWMP - Appendix A_Revfsed Juty 2, 2013.doc A substantially complete ESCP will be submitted by the Design Engineer to the City Project Manager prior to the beginning of bidding process for City approval. The Public Works Environmental staff will review and approve the ESCP prior to the start of bid process. Upon bid award and prior to implementation on site, the Contractor shall review and amend the substantially complete ESCP for site specific conditions and/or changes in BMP's as necessary, submit a Final ESCP to the City for review and approval, and implement the Final ESCP on site. The Final ESCP shall be updated as required throughout construction phase using a modification process similar to that for SWPPPs. The ESCP will be active on each City Project until the City accepts the work. All ESCP inspections and end of project processes shall follow the SWPPP process noted below. STORM WATER POLLUTION PREVENTION PLAN (SWPPP) For projects requiring coverage under the CGP, the Design Consultant shall develop and provide to the City Project Manager for bid documents, a substantially complete SWPPP document. The Public Works Environmental staff will review and approve all substantially complete SWPPP's prior to inclusion into the bid documents. Upon bid award, the Contractor shall review and amend the bid SWPPP to include contractor specific information such as duly authorized forms and for site specific conditions and/or changes in BMP's as necessary, submit a Final SWPPP to the City for review/approval and implement the SWPPP on site. The Public Works Environmental staff will review and approve all Final SWPPP's prior to either operator filing an NOI and implementation on site. The substantially complete SWPPP and Final SWPPP must be in color, hole punched and inserted into a hard cover three ring binder, must follow the formatting of the latest EPA SWPPP template, must be site specific, shall conform to the requirements in the current CGP and shall include water pollution control practices for storm water and non -storm water from areas within and outside of the job site related to construction activities for this contract such as: 1. Staging areas. 2. Storage yards. 3. Access roads. 4. Disturbed areas. The SWPPP shall include a schedule that: A. Describes when work activities that could cause water pollution will be performed. B. Identifies soil stabilization and sediment control practices for disturbed soil area. C. Includes dates when these practices will be complete. The SWPPP shall include temporary water pollution control practices and their associated contract items of work as shown on the plans or specified in these special provisions. A-2 CSWMP - Appendix A_Reyked July Z 2013.dor A substantially complete SWPPP will be submitted to the City Project Manager by the Design Consultant prior to the beginning of bidding process for City approval. The Public Works Environmental staff will review, request any necessary changes to, and approve the substantially complete SWPPP prior to the start of bids. Upon Notice to Proceed, Contractor shall have 10 days to provide the necessary Contractor related information to be included in the substantially complete SWPPP. Contractor related information will include, but may not be limited to; Operator information, responsible person information and training, amended substantially complete SWPPP for site specific conditions and/or changes in BMP's as necessary. Once the Contractor completes review of the substantially complete SWPPP and provides the necessary Contractor related information and makes proposed changes, the Contractor shall submit the updated substantially complete SWPPP for approval to the City Project Manager. The Contractor shall allow 10 days for the City's Public Works Environmental staff review. If revisions are required, the City will provide comments and specify the date that the review stopped. The Contractor shall revise and resubmit the Final SWPPP within 10 days of receipt of the City's comments. The City's review will resume when the updated substantially complete SWPPP, with changes, is resubmitted. When the City approves the Final SWPPP, the Contractor shall submit two copies of the approved Final SWPPP to the City. Upon completion of a Final SWPPP, the City and the Contractor shall coordinate together to submit separate Notices of Intent (NOI) to EPA Region 10. The SWPPP shall be updated as required throughout construction phase using a similar amendment process as stated in the EPA CGP. The SWPPP will be active on each City Project until the City accepts the work or until the City releases the contractor from responsibility as an operator as defined in the EPA CGP. The Contractor shall not perform earth disturbing activities, as defined in the current version of the EPA CGP, that may cause water pollution until the Final SWPPP has been approved by the City, both the Contractor and the City meet the required waiting period as defined by the current EPA CGP after filing separate NOIs, and a preconstruction SWPPP inspection with the Contractor and City has been conducted and meets the approval of the City Inspector. The City's review and approval shall not waive any contract requirements and shall not relieve the Contractor from complying with Federal, State and local laws, regulations, and requirements. The Contractor shall modify the Final SWPPP, as required by current versions of the City CSWMP and the EPA CGP throughout the life of the project to meet site requirements. If there is a change in construction schedule or activities, the Contractor shall prepare a modification to the Final SWPPP to identify additional or revised water pollution control practices. The Contractor shall submit the modification to the City Project Manager who will forward to the Public Works Environmental staff for review within a time agreed to by the City not to exceed the number of days specified for the preparation of the Final SWPPP. The City will review the modification within the same time allotted for the review of the Final SWPPP. If directed by the City or requested in writing by the Contractor and approved by the City, changes to the water pollution control work specified in these special provisions will be allowed. Changes may include addition of new water pollution control practices. The Contractor shall incorporate these changes in the Final SWPPP. A-3 CSWMP - Appendix A_Rewbed July Z 2013.doc The Contractor shall keep a copy of the approved Final SWPPP and all modifications at the job site. The Final SWPPP and all modifications shall be made available when requested by a representative of the EPA; a state, tribal or local agency approving sediment and erosion plans, grading plans, or storm water management plans; local government officials; the operator of a municipal separate storm sewer receiving discharges from the site; and representatives of the U.S. Fish and Wildlife Service or the National Marine Fisheries Service to the requestor. Requests from the public shall be directed to the City. IMPLEMENTATION REQUIREMENTS The Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work ordered by the City. The Contractor shall provide a qualified responsible person with applicable qualifications to update SWPPPs, conduct and record inspections, and to meet other CGP requirements. A qualified responsible person shall, at minimum, possess a City of Boise Responsible Person certification and either be certified through the International Erosion Control Association as a Certified Professional in Erosion and Sediment Control or Certified Professional in Stormwater Quality; have completed a 4 -hour stormwater erosion & sediment control training such as the Idaho Transportation Department's Resident Engineer Stormwater training, or other similar government agency training; or have similar comparable experience and certification through another recognized agency. A copy of the certification shall be provided in the SWPPP. At a minimum, the Owner and the Contractor shall sign and certify the SWPPP and all associated stormwater management documentation in accordance with the CGP. If the ranking corporate officer does not sign the SWPPP and all associated stormwater management documentation, then they must be signed by a duly authorized person so designated by the Contractor in a formal letter on corporate letterhead. If the Contractor or the City identifies a deficiency in the implementation of the approved Final SWPPP, the deficiency shall be corrected in accordance with the current EPA CGP,. The deficiency shall be corrected before the onset of precipitation. If the Contractor fails to correct the deficiency by the agreed date or before the onset of precipitation, the City may correct the deficiency and deduct the cost of correcting deficiencies from payments. If the Contractor fails to conform to the provisions of this section, "Water Pollution Control," the City Inspector, Project Manager or Surface Water Program Administrator may order the suspension of work (at Contractor's expense) until the project complies with the requirements of this section. The Contractor shall construct water pollution control items identified in the SWPPP. The Contractor shall maintain the water pollution control items until the City has accepted the project and the Contractor has filed an NOT with the EPA. The Contractor can only file an NOT after receiving authorization to do so by the City. A-4 CSWMP- Appendix A_Revised July 2, 201 Moc INSPECTION AND MAINTENANCE Weekly storm water management inspections will be conducted on City construction sites. The Contractor and the City will perform weekly storm water management inspections together. One copy of the City's Inspection Form or the current version of the EPA's Stormwater Construction Site Inspection Report will be completed by both the City and the Contractor, including signatures, during the weekly storm water management inspection. Alternate inspection forms may be utilized, provided they have been previously reviewed and approved for use by the City at the time of finalizing the SWPPP. The Contractor shall inspect the water pollution control practices identified in the SWPPP as follows: A. Before a forecasted storm, B. After precipitation that causes site runoff, C. At 24-hour intervals during extended precipitation, D. On a predetermined schedule, a minimum of once every 7 days. The Contractor shall oversee the maintenance of the water pollution control practices. REPORTING REQUIREMENTS If the Contractor identifies discharges into surface waters or drainage systems causing or potentially causing pollution, or if the project receives a written notice or order from a regulatory agency, the Contractor shall immediately inform the City Inspector and Project Manager. The Contractor shall submit a written report to the Project Manager within 7 days of the discharge, notice or order. The report shall include the following information: A. The date, time, location, and nature of the operation, type of discharge and quantity, and the cause of the notice or order. B. The water pollution control practices used before the discharge, or before receiving the notice or order. C. The date of placement and type of additional or altered water pollution control practices placed after the discharge, or after receiving the notice or order. D. A maintenance schedule for affected water pollution control practices. PROJECT COMPLETION The City may authorize removal of the Contractor from further storm water management obligations once the construction is completed. Contractor must submit a completed "Contractor Request to File Project Notice of Termination" for City review to the Project Manager. The Contractor Request to File Project Notice of Termination is included in Appendix D of the City's CSWMP. Upon completion of construction and City approval of the "Contractor Request to File Project Notice of Termination", the Contractor may submit their NOT thereby shifting responsibility for final stabilization to the City. The NOT serves as notification that construction activities with a potential to release pollutants are complete and that the construction site is A-5 CMP-Appeedfx A_Revlsed Jury 2, 2013.doe stabilized, and that stormwater inspections and documents are complete and accurate in accordance with the provisions of the CGP. END OF PROJECT DOCUMENTATION Before the City accepts the project and before final payment, contractor must supply the City with a copy of all storm water management documentation associated with the project including the field copy of the SWPPP, completed inspection forms and any other documentation to meet the requirements of the CGP. The copies must be in color, 3 ring hole punched and inserted into a hard cover three ring binder, and must follow the formatting of the EPA SWPPP template. PAYMENT During each estimate period the Contractor fails to conform to the provisions in this section, "Water Pollution Control," or fails to implement water pollution control practices the City may withhold payment. The contract price presented in the schedule of values for preparing and implementing the storm water pollution prevention plan shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in preparing, obtaining approval of, and amending the SWPPP, as specified in the Standard Specifications and these special provisions, and as directed by the City or City's Duly Authorized Representative. The contract price is a fixed price and any changes to the project for additional storm water pollution prevention to comply with the CGP after the start of construction will be at the Contractor's expense. The contract price shall be itemized and stated as in "Measurement and Payment" parts of Division 1000 of the ISPWC. Payments for storm water pollution prevention will be made as follows; A. Upon City approval of the SWPPP and a preconstruction SWPPP Inspection with a Project Compliance rating of 1, 50 percent of the contract item price for storm water pollution prevention may be included in Contractors progress payment request. B. Upon City acceptance of the project, the remaining 50 percent of the contract item price for storm water pollution prevention may be included in Contractor's progress payment request. Implementation of water pollution control practices in areas outside the project limits not specifically provided for in the SWPPP or in these special provisions will not be paid for. a-6 CSWMP-Appendix A_Revised July Z 2013.doe APPENDIX B PROPERTY OWNER RELEASE FORM NW. 2ND Street Sewer and Water line Replacement Project #10515A Property Owner Name: Property Address: CITY OF MERIDIAN PROPERTY OWNER RELEASE FORM CONTRACTOR CERTIFICATION hereinafter referred to as "CONTRACTOR", entered into an Agreement with the City of Meridian, hereafter referred to as "CITY", to perform and furnish all services and work in association with the City of Meridian project CONTRACTOR review of the completed restoration work effort was performed on Day of , 2016 at (P.M.) (A.M.). It is my opinion the area has been satisfactorily restored to a condition equal to or better than condition prior to construction. Authorized Contractor Signature Date PROPERTY OWNER RELEASE 11 (property owner's name), have reviewed the CONTRACTOR'S restoration work operation on the subject property and it has been performed to a satisfactory condition, including, but not limited to: • Backfill and compaction • Repair/replacement of items damaged by CONTRACTOR • Removal of construction debris including rocks and stones • Utility repair • Surface restoration completed • Irrigation/drainage conveyance systems functional Property Owner Name (Printed) Property Owner Name (Signature) Date NW. 2ND Street Sewer and Water line Replacement Project #10515A APPENDIX C INDIVIDUAL SEWER SERVICE SUPPLEMENTAL INFORMATION NW. 2ND Street Sewer and Water line Replacement Project #10515A TABLE OF CONTENTS Service Connection Property Address Sheet Number # 1 605 NW 2" Street 1-2 #2A 606 NW 2nd Street 3-5 #2B 606 NW 2"d Street 3-5 #3 615 NW 2nd Street 6-7 #4 711 NW 2"d Street 8-9 #5 717 NW 2nd Street 10-11 #6 724 NW 2nd Street 12-13 #7 131 W Idaho Avenue 14-15 #8 203 W Idaho Avenue 16-17 #9 801 NW 2nd Street 18-21 #10 813 NW 2nd Street 22-23 #11 821 NW 2nd Street 24-25 #12 205 W Pine Avenue 26-27 #13 830 NW 2nd Street 28-29 #14 140 W Pine Avenue 30-32 #15 903 NW 2"d Street 33-34 #16 907 NW 2nd Street 35-38 #17 921 NW 2nd Street 35-38 #18 914 NW 2nd Street 39-40 #19 223 W. Broadway Avenue 41-42 #20 703 NW 2nd Street 43-44 #21 133 W. Broadway Avenue 45-46 #22 132 W. Broadwa Avenue 47-48 #23 127 W Idaho Street 49-50 #24 128 W Idaho Street 51-52 #25 123 W Idaho Street 53-54 NW. 2ND Street Sewer and Water line Replacement Project #10515A S 1 INSTALL N CLEANOUT Jj I ABANDON EXISTIN SEWER LINE PHOTO NUMBER AND LOCATION 605 NW 2ND STREET NO BASEMENT SEWER SERVICE CONNECTION #1 "-4" SEWER SERVICE J P EP -- --- NW 12ND TREET CONNECT TO EXISTING SEWER SERVICE. INSTALL NEW CLEANOUT. ALL SURFACE RESTORATION, LANDSCAPE RESTORATION, SPRINKLER REPAIR, FENCE REPAIR AND OTHER NECESSARY SITE RESTORATION OUTSIDE PUBLIC RIGHT-OF-WAY SHALL BE INCIDENTAL TO SEWER SERVICE LINE BID ITEM. SCALE: 1 "=20' CITY OF MERIDIAN CIVIL SURVEY CONSULTANTS, INC. NW 2ND STREET 2893 S. MERIDIAN ROAD SEWER AND WATER LINE REPLACEMENT MERIDIAN, IDAHO 83642 (208)888-4312 605 NW 2ND STREET FILE: DESIGN/LOT PLAN.DWG I DATE: JAN. 2016 1 SHEET: 1 NEW SERVICL LII1IL (APPROX.) NEW SERVICE (APPROX.) LINE' PHOTO NUMBER 0 CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 flifill. F-Rm.cft. _t CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 605 NW 2ND STREET 54 Tr DI NW 2ND STREET DRAINAGE SWALE . . . . . . . . . . 4" SEWER SERVICE 606 NW 2ND STREET NO BASEMENT INSTALL NEW CLEANOUT SEWER SERVICE I CONNECTION #2B 11 CONNECT TO EXISTING ALL SURFACE RESTORATION, LANDSCAPE RESTORATION, SPRINKLER REPAIR, FENCE REPAIR AND OTHER NECESSARY SITE RESTORATION OUTSIDE PUBLIC RIGHT-OF-WAY SHALL BE INCIDENTAL TO SEWER SERVICE LINE BID ITEM. SEWER SERVICE. 4 INSTALL NEW CLEANOUT. PHOTO NUMBER AND LOCATION i SCALE: 1 "=20' ABANDON EXISTING SEWER LINE -INSTALL NEW SEWER SERVICE CLEANOUT CONNETION #2A ABANDON EXISTIN SEWER LINE CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 N CT TO EXISTING SEWER SERVICE. ADJUST AS NECESSARY.-----[--- - ECESSARY.---_. ---` CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 606 NW 2ND STREET FILE: DESIGNAOT PLA DWG I DATE_ JAN. 2016 1 SHEET: NEW JLfNV IIJL (APPROX.) "rW SERVICE LINE 'PROX.) PHOTO NUMBER 0 CI'T'Y OF MERIDIAN CIVIL SURVEY CONSULTANTS, INC. NW 2ND STREET 2893 S. MERIDIAN ROAD SEWER AND WATER LINE REPLACEMENT MERIDIAN, IDAHO 83642 (208)888-4312 606 NW 2ND STREET FII F• DESIGN /I OT PIAN.DWG I DATE: JAN. 2016 1 SHEET: 4 of 54 t PHOTO NUMBER 10. 07 2015 A, CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 PHOTO NUMBER Q3 CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 606 NW 2ND STREET TE: JAN. 2016 1 SHEET: 5 of 54 A2 1 i r I it ABANDON EXISTING, SEWER LINE } INSTALL NEW CLEANOUT 4" SEWER SERVICE 615 NW 2ND STRE NO BASEMENT 1 CONNECT TO EXISTING SEWER SERVICE. INSTALL NEWS CLEANOUT. ` ALL ET REST LAND REST SPRI SURFACE ORATION, SCAPE ORATION, NKLER REPAIR, FENCE REPAIR AND OTHER NECESSARY SITE RESTORATION OUTSIDE PUBLIC RIGHT-OF-WAY SHALL BE INCIDENTAL TO SEWER SERVICE SEWER SERVICE LINE BID ITEM. CONNECTION #3 i. EP SCALE: 1 "=20' 11 NW 2ND STREET PHOTO NUMBER AND LOCATION CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 615 NW 2ND STREET NEW SERVICE LnmL- (APPROX.) NEW SERVICE (APPROX.) PHOTO NUMBER/2\ CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 PHOTO NUMBER 0 CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 615 NW 2ND STREET ABANDON EXISTING SEWER LINE V) CONNECT TO EXISTING INSTALL NEW SEWER SERVICE. CLEANOUT INSTALL NEW CLEANOUT. 1� f 4" SEWERSERVICE ALL SURFACE RESTORATION, LANDSCAPE 711 NW 2ND STREET ' RESTORATION, SPRINKLER REPAIR, BASEMENT FENCE REPAIR AND OTHER NECESSARY SITE RESTORATION SEWER SERVICE OUTSIDE PUBLIC CONNECTION4 RIGHT-OF-WAY # SHALL BE INCIDENTAL TO SEWER SERVICE LINE BID ITEM. J SCALE: 1 "=20' .f EP f 15 NW 2ND STREET PHOTO NUMBER AND LOCATION CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 711 NW 2ND STREET FILE: DESIGN/LOT PLAN.DWG I DATE: JAN. 2016 1 SHEET: 8 of 54 I NEW SERVI(,L LIIVL (APPROX.) NEW SERVICE LINE (APPROX.) 1 1 I%d I w IV4fYlUL-I\ J/ 1 PHOTO NUMBER 0 CITY OF MERIDIAN CIVIL SURVEY CONSULTANTS, INC. NW 2ND STREET 2893 S. MERIDIAN ROAD SEWER AND WATER LINE REPLACEMENT MERIDIAN, IDAHO 83642 (208)888-4312 711 NW 2ND STREET FILE: DESIGN LOT PLAN.DWG I DATE: JAN. 2016 SHEET: 9 of 10 ABANDON EXISTING SEWER LINE CONNECT TO EXIS PING SEWER SERVICE. 41 INSTALL NEW CLEANOUT. 4" SEWER SERVICE 1 I --INSTALL NEW CLEANOUT A 717 NW 2ND STREET NO BASEMENT SEWER SERVICE CONNECTION #5 __-p 7�- - --- E NW -2ND REET [A4 �16 CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 PHOTO NUMBER AND LOCATION ALL SURFACE RESTORATION, LANDSCAPE RESTORATION, SPRINKLER REPAIR, FENCE REPAIR AND OTHER NECESSARY SITE RESTORATION OUTSIDE PUBLIC RIGHT-OF-WAY SHALL BE INCIDENTAL TO SEWER SERVICE LINE BID ITEM. SCALE: 1 "=20' CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 717 NW 2ND STREET 6 1 SHEET: 10 of 54 PHOTO NUMBER 0 NEW SERVICE LINE (APPROX.) CIVIL SURVEY CONSULTANTS. INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 PHOTO NUMBER A NEW SERVICE LINE (APPROX.) CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 717 NW 2ND STREET SHEET: 11 15 NW 2ND STREET EP I CONNECT TO XISTING SEWER SERVIC . INSTALL NEW CLEANOUT. I ABANDON EXISTIN SEWER LINE V) l I i 1E EP -- EP i 0 724 NW 2ND STREET NO BASEMENT SEWER SERVICE CONNECTION #6 I N STALL THIS HOME IS A SLAB ON GRADE AND IT IS UNKNOWN WHERE THE EXISTING SEWER LINE EXITS THE HOME. CONTRACTOR SHALL HAVE A CCTV INSPECTION DONE ON LINE TO LOCATE THE EXISTING LINE AND DETERMINE CONNECTION POINT. CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 'PHOTO NUMBER - AND LOCATION -- 4" SEWER SERVICE ALL SURFACE RESTORATION, [ LANDSCAPE RESTORATION, SPRINKLER REPAIR, FENCE REPAIR AND OTHER NECESSARY SITE RESTORATION OUTSIDE PUBLIC RIGHT-OF-WAY _ SHALL BE INCIDENTA TO SEWER SERVICE LINE BID ITEM. CSCALE: 1 "=20' CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 724 NW 2ND STREET DESIGN/LOT PLAN.DWG I DATE: JAN. 2016 1 SHEET: NEW SERVICE LINE (APPROX.) PHOTO NUMBERA2 NEW SERVICE LINEI (APPROX.) CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 PHOTO NUMBER Qj CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 724 NW 2ND STREET FILE: DESIGNILOT PLAN.DWG I DATE: JAN. 2016 1 SHEET: 13 of 54 PHOTO NUMBER ZE AND LOCATION 161 NW 2ND STREET P1U/1114VV17 L/\IJI II1V SEWER LINE CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 I W m Z W Q O 0 ALL SURFACE RESTORATION, LANDSCAPE RESTORATION, SPRINKLER REPAIR, FENCE REPAIR AND OTHER NECESSARY SITE RESTORATION OUTSIDE PUBLIC RIGHT—OF—WAY SHALL BE INCIDENTAL TO SEWER SERVICE LINE BID ITEM. SEWER SERVICE CONNECTION #7 SCALE: 1 "=20' CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 131 W. IDAHO AVENUE !m i nT Pum nwr, I DATF- JAN. 2016 1 SHEET: 14 NEW (APP r.rr�� nor i u�r iv�rr au�vwE LINE (APPROX.) CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 PHOTO NUMBER 0 CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 131 W. IDAHO AVENUE JAN. 2016 1 SHEET: 1 16 1 � ABANDON EXISTING SEWER LINE I CONNECT TO EXISTING SEWER SERVICE. l 203 W IDAHO AVE NO BASEMENT SEWER SERV CONNECTION 4" SEWER SERVICE EP EP W NW 2ND STREET PHOTO NUMBER AND LOCATION CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 FILE: W Z W Q O Q 0 1-3 a Lu ALL SURFACE RESTORATION, LANDSCAPE RESTORATION, SPRINKLER REPAIR, FENCE REPAIR AND OTHER NECESSARY SITE RESTORATION OUTSIDE PUBLIC RIGHT-OF-WAY SHALL BE INCIDENTAL TO SEWER SERVICE LINE BID ITEM. SCALE: 1 "=20' f 17 CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 203 W. IDAHO AVENUE -N/LOT PLAN.DWG DATE: JAN. 2016 1 SHEET: CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 PHOTO NUMBER A 1VGW SERVICE LINE (APPROX.) NEW SERVICE LINE (APPROX.) CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 203 W. IDAHO AVENUE JAN. 2016_1 SHEET: 17 of 54 UD I - PHOTO NUMBER AND LOCATION 4 ABANDON EXIST -� SEWER LINE -F'7q A INSTALL NEW-/ CLEANOUT 1 I S ABANDON EXISTI SEWER LINE CONNECT TO EXISTING SEWER SERVICE. INSTALL NEW CLEANOUT. f '- NEW 4"� CONNECT TO CONNECT TO SERVICE EXISTING SERVICE EXISTING SERVICE 801 NW 2ND STREET NO BASEMENT SEWER SERVICE CONNETION #9 INSTALL NEW CLEANOUT 6" SEWER SERVICE w ASPH DW ER — A - NW 1 2ND STREET 18 a CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 ALL SURFACE RESTORATION, LANDSCAPE RESTORATION, SPRINKLER REPAIR, FENCE REPAIR AND OTHER NECESSARY SITE RESTORATION OUTSIDE PUBLIC RIGHT-OF-WAY SHALL BE INCIDENTAL TO SEWER SERVICE LINE BID ITEM. SCALE: 1 "=20' - . �wllI EP - T CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 801 NW 2ND STREET :m A nT PI Awn= I !'TATE: JAN. 2016 1 SHEET: 18 of 54 ^1r%u rm%)I^r 1 1k 1r 114u -vv .�U-rAvl%.� LINE (APPROX.) i 01 , wll t CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 PHOTO NUMBER 0 CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 801 NW 2ND STREET PLAN.DWG I DATE: JAN. 2016 1 SHEET: 19 of 54 1.4C SERVICE LINE (APPROX.) CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 PHOTO NUMBER Q3 114L -vv OF -11%V E LINE (APPROX.) CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 801 NW 2ND STREET FILE: DESIGN/LOT PLAN.DWG I DATE: JAN. 2016_) SHEET: 20 of 54 NEW SERVICE L-1111L- (APPROX.) NEW SERVICE LINE (APPROX.) CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 PHOTO NUMBER CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 801 NW 2ND STREET DATE: JAN. 2016 1 SHEET: PHOTO NUMBER AND LOCATION ABANDON EXISTI SEWER LINE %CONNECT TO EXISTING .%� 1 SEWER SERVICE. S — JG� - - 813 NW 2ND STREET BASEMENT SEWER SERVICE CONNECTION #10 4" SEWER SERVICE I � EP —w- 18 Qf NW 2ND STREET EP f FP CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 ALL SURFACE RESTORATION, LANDSCAPE RESTORATION, SPRINKLER REPAIR, FENCE REPAIR AND OTHER NECESSARY SITE RESTORATION OUTSIDE PUBLIC RIGHT-OF-WAY SHALL BE INCIDENTAL TO SEWER SERVICE LINE BID ITEM. SCALE: 1 "=20' CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 813 NW 2ND STREET FILE: DESIGN/LOT PLAN.DWG I DATE: JAN. 2016 1 SHEET: 22 of NEW OL. 1'L- (APPROX.) III L.. -. LI.✓ICE LINE (APPROX.) CIVIL SURVEY CONSULTANTS, INC - 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 PHOTO NUMBERAJ CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 813 NW 2ND STREET DATE: JAN. 2016 1 SHEET: 23 of 54 CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 EXACT LOCATION OF EXISTING SEWER LINE TO SHOP IS UNKNOWN. CONTRACTOR SHALL MAKE SURE THAT LINE WITH DRAIN TO NEW SERVICE LINE. ADJUST CONNECTION AS NECESSARY. JNECT TO EXISTING VER SERVICE. TALL NEW ANOUT. DON EXISTING :R LINE OTO NUMBER D LOCATION SCALE: 1 "=20' ALL SURFACE RESTORATION, LANDSCAPE RESTORATION, SPRINKLER REPAIR, FENCE REPAIR AND OTHER NECESSARY SITE RESTORATION OUTSIDE PUBLIC RIGHT-OF-WAY SHALL BE INCIDENTAL TO SEWER SERVICE LINE BID ITEM. CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 821 NW 2ND STREET ,N/LOT PLAN.DWG I DATE: JAN. 2016 1 SHEET: 24 of 54 NEWCrr��i�r.r 1 lKir PHOTO NUMBER ,& NEW SERVICE LINE (APPROX.) PHOTO NUMBER Q CITY OF MERIDIAN CIVIL SURVEY CONSULTANTS, INC. NW 2ND STREET 2893 S. MERIDIAN ROAD SEWER AND WATER LINE REPLACEMENT MERIDIAN, IDAHO 83642 (208)888-4312 821 NW 2ND STREET FILE: DESIGN LOT PLAN.DWG I DATE: JAN. 2016 1 SHEET: 25 of 54 ABANDON EXISTING SEWER LINE \— RETAIN SEWER LINE FROM' SHOP CONFIRM LINE IS CONNECTED TO NEW SEWER SERVICE PHOTO NUMBER ,;Z��AND LOCATION CONNECT TO EXISTING SEWER SERVICE. 205 W PINE AVE NO BASEMENT SEWER SERVICE CONNECTION #12 wo-m `— 4" SEWER SERVICE Z I - EP 2 NW 2ND STREET EP 0 ALL SURFACE RESTORATION, LANDSCAPE RESTORATION, SPRINKLER REPAIR, FENCE REPAIR AND OTHER NECESSARY SITE RESTORATION OUTSIDE PUBLIC RIGHT—OF—WAY SHALL BE INCIDENTAL TO SEWER SERVICE LINE BID ITEM. 20 W Z W Q W Z s1 SCALE: 1 "=20' CITY OF MERIDIAN CIVIL SURVEY CONSULTANTS, INC. NW 2ND STREET 2893 S. MERIDIAN ROAD SEWER AND WATER LINE REPLACEMENT MERIDIAN, IDAHO 83642 (208)888-4312 205 W. PINE AVENUE FILE: DESIGN/LOT PLAN.DWG i DATE: JAN. 2016 1 SHEET: 26 of 54 PHOTO NUMBERA2 NEW SERVICE LINE " PHOTO NUMBER (APPROX.) NEW SERVICE LINE (APPROX.) CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 PHOTO NUMBER/J\ NEW SERVICE LINE (APPROX.) CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 205 W. PINE AVENUE FILE: DESIGN/LOT PLAN.DWG I DATE: JAN. 2016 1 SHEET: 27 of 54 NW 2ND STREET _F- EP I EP . _. —To" T� `7 W SEWER SERVICE j CONNECTION #13 Q LLJ Z_ 830 NW 2ND STREET 4", SEWER SERVICE ABANDON EX SEWER LINE B 1 NO BASEMENT INSTALL NEW CLEANOUT �- PHOTO NUMBER AND LOCATION CONNECT TO EXISTING SCALE: 1 "=20' SEWER SERVICE. ALL SURFACE RESTORATION, LANDSCAPE RESTORATION, SPRINKLER REPAIR, FENCE REPAIR AND OTHER NECESSARY SITE RESTORATION OUTSIDE PUBLIC RIGHT-OF-WAY SHALL BE INCIDENTAL TO SEWER SERVICE LINE BID ITEM. CITY OF MERIDIAN CIVIL SURVEY CONSULTANTS, INC. NW 2ND STREET 2893 S. MERIDIAN ROAD SEWER AND WATER LINE REPLACEMENT MERIDIAN, IDAHO 83642 (208)888-4312 830 NW 2ND STREET FII F.nFSI(;N/I OT PLAN.DWG I DATE: JAN. 2016 1 SHEET: 28 of 54 NE,., „ ,„r- 1 lir, .iERVICE LINE (APPROX.) CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 PHOTO NUMBER 0 CITY OF MERIDIANI NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 830 NW 2ND STREET of 0 Ld D Z W No NW 2ND ISTREET 21 EP — - -- - EP EP v P/�L ®i I � 140 W PINE AVE 4" SEWER SERVICE NO BASEMENT PHOTO NUMBE SEWER SERVICE /AND LOCATION CONNECTION #14 f I INSTALL NEW CONNECT TO EXISTING �® SEWER SERVICE. ADJUST AS NECESSARY. CLEANOUT 1 '-ABANDON EXISTING I SEWER LINE I SCALE: 1 "=20' ALL SURFACE RESTORATION, LANDSCAPE RESTORATION, SPRINKLER REPAIR, FENCE REPAIR AND OTHER NECESSARY SITE RESTORATION OUTSIDE PUBLIC RIGHT-OF-WAY SHALL BE INCIDENTAL TO SEWER SERVICE LINE BID ITEM. CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 140 W. PINE AVENUE of NEW SERVICE LINE (APPROX.) PHOTO NUMBERA2 NEW SERVICE LINE (APPROX.) CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 PHOTO NUMBER 0 CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 140 W. PINE AVENUE JAN. 2016 1 SHEET: NEW SERVICE L1114L (APPROX.) NEW SERVICE LINE (APPROX.) CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 PHOTO NUMBER Q3 CITY OF MERIDIANI NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 140 W. PINE AVENUE pilit of PHOTO NUMBER AND LOCATION ABANDON EXISTING SEWER LINE 903 NW 2ND STREET CONNECT TO EXISTING BASEMENT SEWER SERVICE. INSTALL NEW CLEANOUT. 4" SEWER SERVICE m Z W > Q W Z x.- - C7 - W-1 NW 2ND STREET 21 ER EP �X —x — IT IS UNKNOWN WHERE THE EXISTING SEWER LINE EXITS THE HOME. CONTRACTOR SHALL HAVE A CCN INSPECTION DONE ON LINE TO LOCATE THE EXISTING LINE AND DETERMINE CONNECTION POINT. CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 SEWER SERVICE CONNECTION #15 ALL SURFACE RESTORATION, LANDSCAPE RESTORATION, SPRINKLER REPAIR, FENCE REPAIR AND OTHER NECESSARY SITE RESTORATION OUTSIDE PUBLIC RIGHT-OF-WAY SHALL BE INCIDENTAL TO SEWER SERVICE LINE BID ITEM. SCALE: 1 "=20' CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 903 NW 2ND STREET :W A nT PI AN_DWC 1 DATE: JAN. 2016 1 SHEET: 33 of NEW SERVICE LINE (APPROX.) CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 PHOTO NUMBERAJ 114u-.. 1.3u- E LINE (APPROX.) CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 903 NW 2ND STREET FILE: DESIGN LOT PLAN.DWG I DATE: JAN. 2016 1 SH --- C:}- ----- ,. `i CONNECT TO EXISTING ABANDON EXISTINGSEWER SERVICE. SEWER LINE ABANDON EXISTING�� SEWER LINE CONNECT TO EXISTING ® L] SEWER SERVICE. ri 907 NW 2ND STREET BASEMENT SEWER SERVICE �u I CONNECTION #16 PHOTO NUMBER AND LOCATION INSTALL NEW CLEANOUT Le 6 SEWER SERVICE CONFIRM EXISTING Q SIZE AND MATCH SEEPAGE BED � 4" SEWER SERVICEPIL �� I`" 921 NW 2ND STREET NO BASEMENT SEWER SERVICE CONNECTION #17 SCALE: 1 "=20' Q NW 2ND/ STREET o —- / 22 CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 FILE: DESI J CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 907 & 921 NW 2ND STREET 4.1 NEW SERVICL- LII\L (APPROX.) rnviv IVumor-m/j\ vv1vvl PHOTO NUMBER 0 SERVICE LINE 'ROX.) CITY OF MERIDIAN CIVIL SURVEY CONSULTANTS, INC. NW 2ND STREET 2893 S. MERIDIAN ROAD SEWER AND WATER LINE REPLACEMENT MERIDIAN, IDAHO 83642 (208)888-4312 907 & 921 NW 2ND STREET FILE: DESIGN LOT PLAN.DWG I DATE=: JAN. 2016 1 SHEET: 36 of 54 NEW SERVICE LINE (APPROX.) CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 PHOTO NUMBER NEW SERVICE LINE (APPROX.) PHOTO NUMBER CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 907 & 921 NW 2ND STREET 37 of NEW SERVICE LINE (APPROX.) PRESSURE IRRIGATION SERVICE AND VALVES CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 t PHOTO NUMBER 0 NEW SERVICE LINE (APPROX.) CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 907 & 921 NW 2ND STREET FILE: DESIGN/LOT PLAN.DWG i DATE: JAN. 2016 SHEET: 38 of 54J CITY OF MERIDIAN CIVIL SURVEY CONSULTANTS, INC. NW 2ND STREET 2893 S. MERIDIAN ROAD SEWER AND WATER LINE REPLACEMENT MERIDIAN, IDAHO 83642 (208)888-4312 914 NW 2ND STREET h n'r of AM nun I We're. .IAAI ')AiF, I iQW1797i- NW 2ND STREET PHOTO NUMBER AND L CATION FR EP EP - ALL SURFACE + RESTORATION, LANDSCAPE CONC DW RESTORATION, SPRINKLER REPAIR, \N FENCE REPAIR AND OTHER NECESSARY SITE RESTORATION 'f r DON'T PLACE LINE OUTSIDE PUBLIC RIGHT-OF-WAY IN THIS AREA PER SHALL BE INCIDENTAL 914 NW 2ND STREET PROPERTY OWNER TO SEWER SERVICE LINE BID ITEM. BASEMENT SEWER SERVICE WATER SERVICE CONNECTION #18 % 4" SEWER SERVICE I CONNECT TO EXISTING WATER SERVICE. '"INSTALL NEW THE EXISTING 2" CONNECT TO EXISTING CLEANOUT WATER LINE IN = SEWER SERVICE. THE ALLEY ` INSTALL NEW CONNECTS TO THE CLEANOUT. WATER MAIN IN PINE AVENUE. ABANDON EXISTING THE 2" WATER �' SEWER LINE LINE SHALL BE 3 ABANDONED IN PINE AVENUE AT THE WATER MAIN ABANDON EXISTING SCALE: 1 "=20' AND AT THE TWO WATER SERVICE EXISTING WATER Q� ABANDON EXISTING SERVICES SHOWN WATER SERVICE ON THIS SHEET. EG _ EG _ _ _ _ _ALLEY� EG w ' EG EC .�_ __ EG - - �� ___ EG �ti� EG ABANDON EXISTING 2" WATER LINE CITY OF MERIDIAN CIVIL SURVEY CONSULTANTS, INC. NW 2ND STREET 2893 S. MERIDIAN ROAD SEWER AND WATER LINE REPLACEMENT MERIDIAN, IDAHO 83642 (208)888-4312 914 NW 2ND STREET h n'r of AM nun I We're. .IAAI ')AiF, I iQW1797i- NEW WATER SERVICE LINE (APPROX.) NEW SEWEF' LINE DON'T PLACE LI IN THIS AREA PER PROPERTY OWNER PHOTO NUMbLK U NEW SEWER SERVICE LINE (APPROX.) ►,r,.i ,.ieTrn SERVICE X.) CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 PHOTO NUMBER 0 CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 914 NW 2ND STREET 54 ABANDON EXISTING SEWER LINE s / L. — CONNECT TO EXISTING -- SEWER SERVICE. INSTALL NEW CLEANOUT. -FfL- S 4" SEWER SERVICE -.a-- A 223 W BROADWAY AVE NO BASEMENT SEWER SERVICE CONNECTION #19 ALL SURFACE RESTORATION, LANDSCAPE RESTORATION, SPRINKLER REPAIR, FENCE REPAIR AND OTHER NECESSARY SITE RESTORATION OUTSIDE PUBLIC RIGHT–OF–WAY SHALL BE INCIDENTAL TO SEWER SERVICE LINE BID ITEM. CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 R PHOTO NUMBER AND LOCATION SCALE: 1 "=20' CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 223 W. BROADWAY AVENUE ;N/LOT PLAN.DWG I DATE: JAN. 2016 1 SHEET: 41 of 54 NEW SEWER SERVICE LINE (APPROX.) CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 IV LYy .)t- rrER SERVICE LINE (APPROX.) -- - �.-___—.O.07 . Z� 01� 5 PHOTO NUMBERAJ CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 223 W. BROADWAY AVENUE E: DESIGN LOT PLAN.DWG I DATE: JAN. 2016 1 SHEET: Ij 14" SEWER SERVICE I � PHOTO NUMBER AND LOCATION CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 S - SCALE: 1 "=20' n /a V— ABANDON EXISTING SEWER LINE ALL SURFACE RESTORATION, LANDSCAPE RESTORATION, SPRINKLER REPAIR, FENCE REPAIR AND OTHER NECESSARY SITE RESTORATION OUTSIDE PUBLIC RIGHT-OF-WAY SHALL BE INCIDENTAL TO SEWER SERVICE LINE BID ITEM. rCONNECT TO EXISTING 1 SEWER SERVICE. -41R,;- - - I 1 CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 703 NW 2ND STREET .Kl I nT PI AN.DWG I DATE: JAN. 2016 1 SHEET: �t Y L NEW SEWER SERVICE PHOTO NUMBERA2 LINE (APPROX.) .ice,., e+ruirn `'r-RVICE CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 PHOTO NUMBERAJ CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 703 NW 2ND STREET FILE: DESIGN/LOT PLAN.DWG I DATE: JAN. 2016 1 SHEET: 44 of 54 NW 2ND STREET i1 I I PHOTO NUMBER AND LOCATION ABANDON EXISTIN SEWER LINE J INSTALL NEW rz CLEANOUT 4" SEWER SERVICE LCONNECT TO EXISTING SEWER SERVICE. r 133 W BROADWAY AVE �I NO BASEMENT SEWER SERVICE CONNECTION #21 ALL SURFACE RESTORATION, LANDSCAPE RESTORATION, SPRINKLER REPAIR, FENCE REPAIR AND OTHER NECESSARY SITE RESTORATION OUTSIDE PUBLIC RIGHT-OF-WAY SHALL BE INCIDENTAL TO SEWER SERVICE LINE BID ITEM. CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 m I,{L 0 SCALE: 1 "=20' CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 133 W. BROADWAY AVENUE ; /I OT PI.AN.DWG I DATE: JAN. 2016 1 SHEET: NEW SEWER JLIlV IVL LINE (APPROX.) A Ir11/ elruirn clr- RVICE CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 PHOTO NUMBER Q CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 133 W. BROADWAY AVENUE 16 1 SHEET: 46 of 54 W I W � i > � Q C) Q O 0 ry m 1 rn G — aJ; S i 14" SEWER SERVICE PHOTO NUMBER AND LOCATION INSTALL NEW CLEANOUT S CONNECT TO EXISTING SEWER SERVICE. INSTALL NEW CLEANOUT. ALL SURFACE RESTORATION, LANDSCAPE RESTORATION, SPRINKLER REPAIR, FENCE REPAIR AND OTHER NECESSARY SITE RESTORATION OUTSIDE PUBLIC RIGHT—OF—WAY SHALL BE INCIDENTAL TO SEWER SERVICE LINE BID ITEM. CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 FILE: 132 W BROADWAY AVE NO BASEMENT SEWER SERVICE CONNECTION #22 S-A ABANDON EXISTING I SEWER LINE SCALE: 1 "=20' CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 132 W. BROADWAY AVENUE 3N/LOT PLAN.DWG I DATE: JAN. 2016 1 SHEET: NEW Sr,.,�� LI PHOTO NUMBERZ2 NEW SEWER SERVICE LINE (APPROX.) PHOTO NUMBERAJ CITY OF MERIDIAN CIVIL SURVEY CONSULTANTS, INC. NW 2ND STREET 2893 S. MERIDIAN ROAD SEWER AND WATER LINE REPLACEMENT MERIDIAN, IDAHO 83642 (208)888-4312 132 W. BROADWAY AVENUE e.re.—1 /, r Ml ♦►l nuin I nATr. IAhl ^IA1 A I CL rCrT. 127 W. IDAHO AVE NO BASEMENT { — S ONNECT TO EXISTING EWER SERVICE. PHOTO NUMBER AND LOCATION ABANDON EXISTING SEWER LINE SEWER SERVICE CONNECTION #23 ALL SURFACE RESTORATION, LANDSCAPE RESTORATION, SPRINKLER REPAIR, FENCE REPAIR AND OTHER NECESSARY SITE RESTORATION OUTSIDE PUBLIC RIGHT—OF—WAY SHALL BE INCIDENTAL TO SEWER SERVICE LINE BID ITEM. CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 O Q 0 4" SEWER SERVICE SCALE: 1 "=20' CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 127 W. IDAHO AVENUE :N 11 OT PI AN_DWG I DATE: JAN. 2016 1 SHEET: 49 PHOTO NUMBERA2 PHOTO NUMBER Q3 NEW SEWER SERVICE LINE (APPROX.) NEW SEWER SERVICE LINE (APPROX.) mi CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 NEW SEWER SERVICE PHOTO NUMBER ,& LINE (APPROX.) CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 127 W. IDAHO AVENUE ru r. nrcin-m !, r1T Di of nwr. I nATF JAN. 2016 1 SHEET: 50 of 54 Jr - CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 NEW SEWER SERVICE PHOTO NUMBER ,& LINE (APPROX.) CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 127 W. IDAHO AVENUE ru r. nrcin-m !, r1T Di of nwr. I nATF JAN. 2016 1 SHEET: 50 of 54 + v LLJ z W Q TO 1 0 cn L� + M V d A 128 W. IDAHO AVE NO BASEMENT f ' SEWER SERVICE CONNECTION #24 AND LOCATION SCALE: 1 "=20' CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 L CONNECT TO EXISTING 4" SEWER SERVICE SEWER SERVICE. INSTALL NEW CLEANOUT. ABANDON EXISTIN SEWER LINE ALLEY A2 ALL SURFACE RESTORATION, LANDSCAPE RESTORATION, SPRINKLER REPAIR, FENCE REPAIR AND OTHER NECESSARY SITE RESTORATION OUTSIDE PUBLIC RIGHT—OF—WAY SHALL BE INCIDENTAL TO SEWER SERVICE LINE BID ITEM. CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 128 W. IDAHO AVENUE ��, ���� ���� it �' '�� — � �?�. _ � ►'�. �,� int a i r n � tiK'r3 � Jy ,•�' I 4 V�ntl' ;= r,vt� I�� FILE: DESIGN LOT PLAN.DWG I DATE: JAN. 2016 1 SHEET: 52 caf 54 128 W. IDAHO AVE 0 - S -rte-- -- - CONNECT TO EXISTING - SEWER SERVICE. INSTALL NEW CLEANOUT. NO BASEMENT SEWER SERVICE CONNECTION #25 4" SEWER SERVICE PHOTO NUMBER AND LOCATION r ABANDON EXISTING SEWER LINE ALL SURFACE RESTORATION, LANDSCAPE RESTORATION, SPRINKLER REPAIR, FENCE REPAIR AND OTHER NECESSARY SITE RESTORATION OUTSIDE PUBLIC RIGHT-OF-WAY SHALL BE INCIDENTAL TO SEWER SERVICE LINE BID ITEM. CIVIL SURVEY CONSULTANTS, INC.. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 c) + m v �cn IV SCALE: 1 "=20' CITY OF MERIDIAN NW 2ND STREET SEWER AND WATER LINE REPLACEMENT 123 W. IDAHO AVENUE ;N LOT PLAN.DWG I DATE: JAN. 2016 SHEET: 53 of 54 NEW SEWER SEF" LINE (APPI k PHOTO NUMBERA2 NEW SEWER SERVICE LINE (APPROX.) e.Ylyl`� .r.,- 1. .. �� r� L .• n ...4 � '„�. - V � .. _ �F.: = ....n t PHOTO NUMBER ,& CITY OF MERIDIAN CIVIL SURVEY CONSULTANTS, INC. NW 2ND STREET 2893 S. MERIDIAN ROAD SEWER AND WATER LINE REPLACEMENT MERIDIAN, IDAHO 83642 (208)888-4312 123 W. IDAHO AVENUE rig r_ MrLnl;4,1 11 £nY Ml AM nWf^_ I nATr- .IAN 9nIA I CHFF - Wl W 0 M N (O r O N W H od W a 0 W D 0 C N E d v m d 3 a� U) 06 d U) v C N Z Q Z ij 0 LO 0 I. W 00 Z a FO H Z O Q 0 EB sgng # 0!-1 puns Pis pau6ig w O 0 Z W ti 0 0 0 co co LO o N 06 O O On N I- M It 0) co 0) 00LcoN 't co 0) N dt LO (C) co Et} Gq EF} X X X X x x x x x x x x x x x x c 0 U M o _ L o a� a) 7 .� .�UodU U 0 M to (1) C) a) Q m U Q Y Q) C d a Q BOND PERFORMANCE Travelers Casualty and Surety Company of America Hartford, Connecticut 06183 Bond No.: 106478619 M'A— — —1 " W �- PIY 10 2016 - CONTRACTOR: DEpSURETY: (Name, legal status and address) (Name, legal status and principal place of business) Alta Construction, Inc. 619 N. Cloverdale Rd. Boise, ID 83713 OWNER: (Name, legal status and address) City of Meridian 33 E. Broadway Ave., Suite 106 Meridian, ID 83642 fJ ft Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 CONSTRUCTION CONTRACT Date: May 17, 2016 Amount: $ 448,492.67 Four Hundred Forty Eight Thousand Four Hundred Ninety Two Dollars and 67/100 Description: (Name and location) NW 2nd Street Water and Sewer Replacement - Construction BOND Date. May 17, 2016 (Not earlier than Construction Contract Date) Amount: $ 448,492.67 Four Hundred Forty Eight Thousand Four Hundred Ninety Two Dollars and 67/100 Modifications to this Bond: None See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: Alta Construction, Ino�Company: Travelers Casualty and Surety Company of America (Corporate C4 Seal) ••.•` N . Tr '•.,, _ (Corporate Seal) S;�R � 6 ' : � Q•••• ••• � i� // ��`���0 SUIS ` 2 Signature: `t +' • - ; O WE. Name and : ® Name and Brenda J. SmitK/ coNt�. r Title:q Z Title: Attorney -in -Fact (Any additional signatures �ppe •on the i+ st pogCpDphis Performances Bond,) (FOR INFORMATION ONL�'r;;,�lam. ada sand telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE. (Architect, Engineer or other party:) PayneWest Insurance, Inc. 960 Broadway Avenue, Suite 100 Boise, ID 83706 208-424-2900 The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 1 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5 4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 2 § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations tinder this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: (Corporate Seal) The Company executing this bond vouches that this document conforms to American institute of Architects Document A312, 2010 edition 3 PAYMENT Travelers Casualty and Surety Company of America BOND Hartford, Connecticut 06183 Bond No.: 106478619 CONTRACTOR:— SURETY: - (Name, legal status and addre (Name, legal status and principal place of business) Alta Construction, Inc. f`IAY 10 2016 Travelers Casualty and Surety Company of America 619 N. Cloverdale Rd. FINANCE ET One Tower Square Boise, ID 83713 Hartford, CT 06183 OWNER: (Name, legal status and address) City of Meridian 33 E. Broadway Ave., Suite 106 Meridian, ID 83642 CONSTRUCTION CONTRACT Date: May 17, 2016 Amount: $ 448,492.67 Four Hundred Forty Eight Thousand Four Hundred Ninety Two Dollars and 67/100 Description: (Name and location) NW 2nd Street Water and Sewer Replacement - Construction BOND Date: May 17, 2016 (Not earlier than Construction Contract Date) Amount: $ 448,492.67 Four Hundred Forty Eight Thousand Four Hundred Ninety Two Dollars and 67/100 )�+�a..•� Modifications to this Bond: None 0 See Section 18 CONTRACTOR AS PRIN;01 ` '••. ��r R SURETY Company: Alta Const CT •''.,., "••�O '•� Company: Travelers Casualty and Surety Company of America (Corpor$e-S afj Rp o (Corporate Seal) - RST . Signature: - : ..- • ® Signature: Name andk4k: Name and Brenda J. Smith canN. Title: \ s tb �� •• •• * ; Title: Attorney -in -Fact (An additional si naturi�s e last'page of -this Payment Bond.) unmet �� ,.,,, (FOR INFORMATION ONLY — Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) PayneWest Insurance, Inc. 960 Broadway Avenue, Suite 100 Boise, ID 83706 208-424-2900 The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition I § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnities and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens.or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § b If a notice of non-payment required by Section 5. 1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 2 Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § I 1 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suitor action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shalt be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: . i the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents, § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 3 § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL, Company: (Corporate Seal) Signature: Name and Title: Address: SURETY Company: Signature: Name and Title: Address: (Corporate Seal) The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 4 TRAVELERS POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Surety Bond No. 106478619 OR Project Description: NW 2nd Street Water and Sewer Replacement - Construction St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Principal: Alta Construction, Inc. Obligee: City of Meridian KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St, Paul Guardian Insurance Company, St. Paul Mercury insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Brenda J. Smith of the City of Boise , State of ID , their true and lawful Attorney -in -Fact, to sign, execute, seal and acknowledge the surety bond(s) referenced above. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 10th day of September, 2012. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Off,}' � •r �' Ciy,�"y � * �4' �oas�Y3y� � cJ�-.'�Afr��� `rte �" � 4. `u14&� 4 E'er'_ { 'qo � a • L rt N' 4 ' ¢9}`ti../ State of Connecticut City of Hartford ss. By: �-- Robert L. Raney, Senior Vice President On this the 10th day of September, 2012, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing Instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. o.t�rq„ �`f� ncuv�..e.. e 3�.�nAa:u9.�t' 'n �tlello * Marie C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St, Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 17th day of May , 2016 Kevin E. Hughes, Assistant Secretary Cwv. Slr 4WDW:N)�t g yS rS . aKi • s r • �' AN1 To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersboiid.com. Please refer to the Attorney4h-Fact number, the above-named individuals and the details of the bond to which the power is attached. ALTACON-01 SMAHR CERTIFICATE OF LIABILITY INSURANCE DATE {MMIDD/YYYY)5/6/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such end sement s). PRODUCER ;d �'IVED Boise Office " ' "� PayneWest Insurance, Inc. f uj 960 Broadway Avenue Suite 100 �� Y Q 2016 Boise, ID 83706 CONTACT NAME: PHONE 208 424-2900 AIC, No : 208 424-2999 A/c No Ext: ( ) ( ) A DRI ESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Trumbull Insurance Company v INSURED Alta Construction, Inc. 619 N. Cloverdale Rd. Boise, ID 83713 INSURER B: Hartford Ins CO Of Midwest g INSURERC: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE A D INSD S BR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE r OCCUR X X 52 UEA GZ7884 01/23/2016 01/23/2017 EACH OCCURRENCE $ 1,000,000 DA ETO RENTED 300 000 PREMISES Ea occurrence $ , MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY F3q jE 0 LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNEDSCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS X X 52 UEA GZ7884 01/23/2016 01/23/2017 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 52 UEA GZ7884 01/23/2016 01/23/2017 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ DED I I RETENTION $ $ 2,000,000 B WORKERS COMPENSATIONPER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A X 52 WEA 100453 01/23/2016 , 01/23/2017 OTH- X STATUTE X ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE- EA EMPLOYE $ 1,000,000 E.L. DISEASE- POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) RE: Project - NW 2ND STREET WATER AND SEWER REPLACEMENT - CONSTRUCTION CGRTIRICATE HOLDER CANCELLATION ACORD 25 (2014/01) ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cit of Meridian Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 33 East Broadway Avenue Meridian, ID 83642 AUTHORIZED REPRESENTATIVE A14— ACORD 25 (2014/01) ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD • 1 1 1 . 1 • TO Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance. The word "insured" means any person or organization qualifying as such under Section II — Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V —Definitions. SECTION I — COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. d. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". e. Incidental Medical Malpractice (1) "Bodily injury" arising out of the rendering of or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic shall be deemed to be caused by an "occurrence", but only if: (a) The physician, dentist, nurse, emergency medical technician or paramedic is employed by you to provide such services; and (b) You are not engaged in the business or occupation of providing such services. HG 00 01 06 05 Page 1 of 18 © 2005 The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) (2) For the purpose of determining the limits of insurance for incidental medical malpractice, any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence". 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". f. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or Page 2 of 18 HG 00 01 06 05 (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for: (i) Any insured; or (ii) Any person or organization for whom you may be legally responsible; (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to: (i) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; or (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; HG 00 01 06 05 Page 3 of 18 (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; (5) "Bodily injury" or "property damage" arising out of the operation of any of the equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment"; or (6) An aircraft that is not owned by any insured and is hired, chartered or loaned with a paid crew. However, this exception does not apply if the insured has any other insurance for such "bodily injury" or "property damage", whether the other insurance is primary, excess, contingent or on any other basis. h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. L War "Bodily injury" or "property damage", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" arising from the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at the job site. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products - completed operations hazard". k. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. 1. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products - completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. Page 4 of 18 HG 00 01 06 05 n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury". p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. q. Employment -Related Practices "Bodily injury" to: (1) A person arising out of any "employment— related practices"; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any "employment- related practices" are directed. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation tc repay someone else because of the injury. r. Asbestos share damages with or who must pay damages (1) "Bodily injury" or "property damage" arising out of the "asbestos hazard". (2) Any damages, judgments, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". Damage To Premises Rented To You — Exception For Damage By Fire, Lightning Or Explosion Exclusions c. through h. and j. through n. do not apply to damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit' seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or "suit' that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. HG 00 01 06 05 Page 5 of 18 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury" arising out of an offense committed by, at the direction or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury". b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written or electronic publication of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written or electronic publication of material whose first publication took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract "Personal and advertising injury" arising out of a breach of contract, except an implied contract to use another's "advertising idea" in your "advertisement". g. Quality Or Performance Of Goods — Failure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services. i. Infringement Of Intellectual Property Rights "Personal and advertising injury" arising out of any violation of any intellectual property rights such as copyright, patent, trademark, trade name, trade secret, service mark or other designation of origin or authenticity. However, this exclusion does not apply to infringement, in your "advertisement", of: (1) Copyright; (2) Slogan, unless the slogan is also a trademark, trade name, service mark or other designation of origin or authenticity; or (3) Title of any literary or artistic work. Insureds In Media And Internet Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web sites for others; or (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs 17.a., b. and c. of "personal and advertising injury" under the Definitions Section. For the purposes of this exclusion, placing an "advertisement" for or linking to others on your web site, by itself, is not considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. I. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatags, or any other similar tactics to mislead another's potential customers. m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "'pollutants" at any time. n. Pollution -Related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". Page 6 of 18 HG 00 01 06 05 o. War "Personal and advertising injury", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. p. Internet Advertisements And Content Of Others "Personal and advertising injury" arising out of: (1) An "advertisement" for others on your web site; (2) Placing a link to a web site of others on your web site; (3) Content, including information, sounds, text, graphics, or images from a web site of others displayed within a frame or border on your web site; or (4) Computer code, software or programming used to enable: (a) Your web site; or (b) The presentation or functionality of an "advertisement" or other content on your web site. q. Right Of Privacy Created By Statute "Personal and advertising injury" arising out of the violation of a person's right of privacy created by any state or federal act. However, this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act. r. Violation Of Anti -Trust law "Personal and advertising injury" arising out of a violation of any anti-trust law. S. Securities "Personal and advertising injury" arising out of the fluctuation in price or value of any stocks, bonds or other securities. t. Discrimination Or Humiliation "Personal and advertising injury" arising out of discrimination or humiliation committed by or at the direction of any "executive officer", director, stockholder, partner or member of the insured. u. Employment -Related Practices "Personal and advertising injury" to: (1) A person arising out of any "employment— related practices"; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "personal and advertising injury" to that person at whom any "employment-related practices" are directed. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. v. Asbestos (1) "Personal and advertising injury" arising out of the "asbestos hazard". (2) Any damages, judgments, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. HG 00 01 06 05 Page 7 of 18 b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products -Completed Operations Hazard Included within the "products -completed operations hazard". g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. e. All costs taxed against the insured in the "suit". f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, Page 8 of 18 HG 00 01 06 05 necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: a. We have used up the applicable limit of insurance in the payment of judgments or settlements; or b. The conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II —WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees and Volunteer workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will HG 00 01 06 05 Page 9 of 18 have all your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which an insured under this Coverage Part is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly Acquired or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. S. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - completed operations hazard". (1) The insurance afforded the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; Page 10 of 18 HG 00 01 06 05 (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Sub- paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (2) With respect to the insurance afforded to these additional insureds this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. c. Lessors of Land or Premises Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers or Surveyors Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. e. Permits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or, (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard". HG 00 01 06 05 Page 11 of 18 f. Any Other Party Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations; (2) In connection with your premises owned by or rented to you; or (3) In connection with "your work" and included within the "products -completed operations hazard", but only if (a) The written contract or agreement requires you to provide such coverage to such additional insured; and (b) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds under this provision is described in Section III — Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV — Commercial General Liability Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III — LIMITS OF INSURANCE 1. The Most We will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; and c. Damages under Coverage B. 3. Products -Completed Operations Aggregate Limit The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard". 4. Personal and Advertising Injury Limit Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Each Occurrence Limit Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Damage To Premises Rented To You Limit Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 7. Medical Expense Limit Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 8. How Limits Apply To Additional Insureds If you have agreed in a written contract or written agreement that another person or organization be Page 12 of 18 HG 00 01 06 05 added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: a. The limits of insurance specified in the written contract or written agreement; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insureds Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or HG 00 01 06 05 Page 13 of 18 that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability; (5) Property Damage to Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section - Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. Page 14 of 18 HG 00 01 06 05 If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; or b. Any other publication that is given widespread public distribution. However, "advertisement" does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network. 2. "Advertising idea" means any idea for an "advertisement". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment". 5. "Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. HG 00 01 06 05 Page 15 of 18 6. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory or in a settlement we agree to. 7. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 8. "Employment -Related Practices" means: a. Refusal to employ a person; b. Termination of a person's employment; or c. Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination directed at a person. 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 10. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 11. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of "your product" or "your work"; or b. Your fulfilling the terms of the contractor agreement. 12. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage to Premises Rented To You Limit described in Section III — Limits of Insurance; b. A sidetrack agreement; c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing. However, Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 14."Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; Page 16 of 18 HG 00 01 06 05 b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 15."Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 16."Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 17. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral, written or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written or electronic publication of material that violates a person's right of privacy; f. Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement"; g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement'; or h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. 18."Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19. "Products -completed operations hazard": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. HG 00 01 06 05 Page 17 of 18 b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in a policy schedule, states that products - completed operations are subject to the General Aggregate Limit. 20. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the 'occurrence" that caused it. As used in this definition, computerized or electronically stored data, programs or software are not tangible property. Electronic data means information, facts or programs: a. Stored as or on; b. Created or used on; or c. Transmitted to or from; computer software, including systems and applications software, hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 21. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions. 23. "Volunteer worker" means a person who a. Is not your "employee"; b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 24. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 25. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work", and (2) The providing of or failure to provide warnings or instructions. Page 18 of 18 HG 00 01 06 05 COMMERCIAL AUTOMOBILE HA 99 16 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. • • • : ' • ! s �I_Z•T:� & : k A: Q1 k I This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your The Named Insured shown in the personal affairs. Declarations is amended to include: C. Lessors as Insureds (1) Any legal business entity other than a Paragraph A.1. - WHO IS AN INSURED - of partnership or joint venture, formed as a Section II - Liability Coverage is amended to subsidiary in which you have an add: ownership interest of more than 50% on e. The lessor of a covered "auto" while the the effective date of the Coverage Form. "auto" is leased to you under a written However, the Named Insured does not agreement if: include any subsidiary that is an (1) The agreement requires you to "insured" under any other automobile "insured" provide direct primary insurance for policy or would be an under the lessor and such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) The "auto" is leased without a driver. (2) Any organization that is acquired or Such a leased "auto" will be considered a formed by you and over which you covered "auto" you own and not a covered maintain majority ownership. However, "auto" you hire. the Named Insured does not include any D. Additional Insured if Required by Contract newly formed or acquired organization: (1) Paragraph A.1. - WHO IS AN INSURED (a) That is a partnership or joint - of Section II - Liability Coverage is venture, amended to add: (b) That is an "insured" under any other f. When you have agreed, in a written policy, contract or written agreement, that a (c) That has exhausted its Limit of person or organization be added as Insurance under any other policy, or an additional insured on your (d) 180 days or more after its business auto policy, such person or acquisition or formation by you, organization is an "insured", but only unless you have given us notice of to the extent such person or the acquisition or formation. organization is liable for "bodily Coverage does not apply to "bodily injury" or "property damage" caused injury" or "property damage" that results by the conduct of an "insured" under from an "accident" that occurred before paragraphs a. or b. of Who Is An you formed or acquired the organization. Insured with regard to the ownership, maintenance or use of a B. Employees as Insureds covered auto. Paragraph A.1. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: © 2011, The Hartford (Includes copyrighted material Form HA 99 16 0312 of ISO Properties, Inc., with its permission.) Page 1 of 5 The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (1) During the policy period, and (2) Subsequent to the execution of such written contract, and (3) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non- contributory with the additional insured's own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. E. Primary and Non -Contributory if Required by Contract Only with respect to insurance provided to an additional insured in I.D. - Additional Insured If Required by Contract, the following provisions apply: (3) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance 5.d. (4) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (3) and (4) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, by the method described in Other Insurance 5.d. 2. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The OTHER INSURANCE Condition is amended by adding the following: © 2011, The Hartford (Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc., with its permission.) Page 2 of 5 If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply if you have workers' compensation insurance in -force covering all of your "employees". Coverage is excess over any other collectible insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $100,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 5. PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. 6. LOAN/LEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loan/lease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 7. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 8. ELECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs B.4 - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto"; (2) Removable from a housing unit which is permanently installed in or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above; or ©2011, The Hartford (Includes copyrighted material Form HA 99 16 0312 of ISO Properties, Inc., with its permission.) Page 3 of 5 (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. b. Section III — Version CA 00 01 03 10 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C.2 and Version CA 00 01 10 01 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C are each amended to add the following: $1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. c. For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 9. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 10. GLASS REPAIR -WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT,CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 14. HIRED AUTO - COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: e. For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. No deductible applies to glass damage if the 15. WAIVER OF SUBROGATION glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY 11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV - Under Paragraph D. - DEDUCTIBLE - of SECTION BUSINESS AUTO CONDITIONS is amended by III - PHYSICAL DAMAGE COVERAGE, the adding the following: following is added: © 2011, The Hartford (Includes copyrighted material Form HA 99 16 0312 of ISO Properties, Inc., with its permission.) Page 4 of 5 We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V - DEFINITIONS is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 17. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. 18. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non -hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a. If the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10%, to a maximum of $2,500, of the "non -hybrid" auto's actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," c. Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000. For the purposes of the coverage provision, a.A "non -hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b.A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. 19. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 5 of 5 011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 52 WEA 100453 Endorsement Number: 1 Effective Date: 01/23/2016 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: Alta Construction, Inc. 619 N. Cloverdale Rd. Boise, ID 83713 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE Countersigned by Form WC 00 03 13 Printed in U.S.A. Authorized Representative 1+ 1 1\-C-1111 1 Home I Setup an Account I Log In Licensee I V� Username Passrionl LOGIN ® REMEMBER ME Forgot Password Permits Search Pay Fees Licenses Search Trade Licenses Search Public Works Inspections Schedule Cancel Elevators Search Elevators Violations Search Shopping Cart Pay All Fees Paid Items Contact Contact us Page 1 of 1 Public Works Search f) Search Again Download Results Printable View Company Name License Number Work Category(s) I License Typ-1 usApplicant Name ALTA Construction, Inc. 003938 00001, 00002, 00003 1, 2, 3, 5 UNLIMITED I ACTIVE ALTAR Constructio ,First Pre, Page: 1 of 1 Next Last _-, Details - License Number: 003938 Lic Info IlFees $3,775.00 Registration #: 003938 Issue: 7/13/2015 Expire: 6/30/2016 Type: PUBLIC WORKS Sub -Type: UNLIMITED Status: ACTIVE Company: ALTA Construction, Inc. Phone: (208) 853-1720 Cell: (208) 954-6616 Pager: Fax: (208) 853-6588 Owner Name: The Division of Building Safety, makes every effort to produce and publish the most current and accurate Information possible No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this website indicates understanding and acceptance of this statement 1-800-955-3044, 1090 E tNatertovrer Sl, Suite 150 Meridian ID 83642 HOME I CONTACT https://web.dbs.idaho.gov/eTRAKiT3/Custom/Idaho_PublicWorksSearchRslts.aspx 5/3/2016 11Jov0 v icwiiig Dullness nntity Page 1 of 3 IDAHO SECRETARY OF STATE X Viewing Business Entity Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for ALTA CONSTRUCTION INC ] [ Monitor ALTA CONSTRUCTION, INC. business filings ] ALF 0 RUC T 0 ® XN® 619 N CLOVERDALE ROAD BOISE, ID 83713 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING 15 Apr 1992 State of Origin: IDAHO Date of 27 Jan 1977 Origination/Authorization: Current Registered Agent: ERIK MATHIASON 619 N CLOVERDALE RD BOISE, ID 83713 Organizational ID / Filing C54953 Number: Number of Authorized Stock 1 Shares: Date of Last Annual Report: 23 Feb 2016 Annual Report Due: Jan 2017 Original Filing: [ Help Me Print/View TIFF ] Filed 27 Jan 1977 INCORPORATION View Image (PDF format) View Image (TIFF format], Amendments: [ Help Me Print/View TIFF ] Amendment Filed 11 Sep OTHER - View Image (PDF format) View 1980 R/A Image View Document Online (TIFF format) Amendment Filed 04 Jun REINSTATEMENT View Image View Document Online (PDF format) 1982 View Image (TIFF format) Amendment Filed 18 Aug REINSTATEMENT View Image (PDF format) 1983 View Image (TIFF format) Amendment Filed 15 Apr REINSTATEMENT View Image (PDF format) 1992 View Image (TIFF format) [ Help Me Print/View TIFF ] Report for year 2016 ANNUAL REPORT View Document Online Report for year 2015 ANNUAL REPORT View Document Online Report for year 2014 ANNUAL REPORT View Document Online Report for year 2013 ANNUAL REPORT View Document Online https://www.accessidaho.org/public/sos/corp/C54953.html 5/3/2016 v 1cw1119 DU6111GJJ JJ11LILy Page 2 of 3 Report for year 2012 ANNUAL REPORT View Document Online Report for year 2012 CHNG View Image (PDF format) View RA/RO Image (TIFF format) Report for year 2011 ANNUAL REPORT View Document Online Report for year 2010 ANNUAL REPORT View Document Online Report for year 2009 ANNUAL View Image (PDF format) View REPORT Image (TIFF forma Report for year 2009 CHNG OFF/DIR Report for year 2008 ANNUAL REPORT Report for year 2007 ANNUAL REPORT Report for year 2006 ANNUAL REPORT Report for year 2005 ANNUAL REPORT Report for year 2004 ANNUAL REPORT Report for year 2002 ANNUAL REPORT Report for year 2001 ANNUAL REPORT Report for year 2000 ANNUAL REPORT Report for year 1999 ANNUAL REPORT Report for year 1998 ANNUAL REPORT Report for year 1997 ANNUAL REPORT Report for year 1996 ANNUAL REPORT Report for year 1995 ANNUAL REPORT View Image (PDF format) View View Image (TIFF format) Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View ANNUAL Image (TIFF format) View Image (PDF format) View Image (TIFF format) Image (TIFF forma View Image (PDF format) View Image (TIFF format) View Image (PDF format) View REINSTATEMENT View Image (PDF format) Image (TIFF format) View Image (PDF format) View Report for year 1990 Image (TIFF format) View Image (PDF format) View REPORT Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) Report for year 1995 MISCELLANEOUS View I_mage (PDF format View Image (TIFF format) Report for year 1994 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1993 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1992 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1991 REINSTATEMENT View Image (PDF format) View Image (TIFF format) Report for year 1990 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) https://www.accessidaho.org/public/sos/corp/C54953.html 5/3/2016 LU�u v il�Wlll,-' I-uaIllUbN 11,11«Ly Report for year 1989 ANNUAL REPORT Report for year 1988 ANNUAL REPORT Report for year 1987 ANNUAL REPORT Idaho Secretary of State's Main Page Page 3 of 3 View Image_ (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfo(&sos.idaho.gov https://www.accessidaho.org/public/sos/corp/C54953.html 5/3/2016 ro x 1 4J S4 O a N P+ a x w -) " H r U o ro w N •n � ao m I 0 O t3 N V � tH -01 a) 4 H O V Gv) 4-1 04 W C1 N o C k I o ro H O U) O1 0 Q) ll-) N C rl W a) P P: 4-1 O 4J q v 4) ro W 44 to O H a 4) 1) C Cts •�i S4 [A a) a) P a �4 ro a) H � ro 4, 4J O U } FZ4 34 U o`P dY 61P of dP dAdP m o o dY o`? 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U) M ri O M Lf O N N to 4J P of �o O O N m m v v v' v' 1� In Ln m C l9 lO l0 O M m L[) L<7 N lD M ri M M M -W Ln, Ln (L' 3 a) z S I m p O -A J +) 41 10 m I rC w n U. m Sa s q (1) 0) 41 41 a) q 41 w a) a a m + •i r a) v ro m 0) O aN aa))�ro arclcro) a�} 11 `° roN �p ro� 3 kx Nz saw ro m 3 R H r a4 q 3 O 4J 1 z3 P a, a) m ro (o �l ro a) -ri v x - m E ul+1 PxPx xa 0z 14 m1 d M + � � m + a 0) � aa) a) 1 O +) es ro (1)z zt ro a a) H u b a) -r�i N •rrA N a) 10 Q' H H r -I �El -V U -1 41 2 ZS ri ri C U -ri ro U H q + C)� m uro sam r, 4 ua,b) PM�4 q z _ O '�4 'z3O N a ) a) •ri a) H a) Z W 4) CL 41 8 4),0 m 4J •,A +) G (d m ro g O '5 m `!. rd -i a) `S ro a1 'S a >C -i m ,^s P: N N U) W q W I HW ro a S� 44 F ro W O u q E ro U ro ro lD N to Lc) O h l0 r-1 N I` O M LO Ln Ln In N Ln O O O O OCD O O O Ln -1 ri H ri ci H O1 Meridian City Council Meeting DATE: May 17, 2016 ITEM NUMBER: 7E PROJECT NUMBER: ITEM TITLE: Subrecipient Agreement Subrecipient Agreement With Neighborhood Housing Services Inc, Dba NeighborWorks Boise for PY 2015 Community Development Block Grant Funds MEETING NOTES t 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 NEIGHBORWORKS BOISE FOR PY 2015 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS l -A` This Agreement is entered into this day of MA y , 20 16 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Neighborhood Housing Services, Inc., dba NeighborWorks Boise, a nonprofit charitable organization established 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 families in obtaining decent, safe, and affordable housing solutions, 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 fifty thousand dollars ($50,000) to provide direct homeownership assistance to help low/moderate income ("LMI") persons purchase homes. Specifically, Subrecipient shall undertake the following activities: 1. Subsidize mortgage principal amounts; 2. Pay any or all of the reasonable closing costs; and 3. Pay up to 50% of the down payment required by the mortgagee. B. National Objective. Subrecipient certifies that the activities carried out using the City's PYl5 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 benefit LMI persons (24 CFR § 570.208(a)(2)(C)). C. Levels of accomplishment. 1. Goals. Subrecipient shall undertake activities pursuant to this Agreement to serve one (1) Unit of Service. For the purposes of this Agreement, "Units of Service" shall be defined as households assisted in the purchase of a home. PY15 SUBRECIPIENT AGREEMENT-NEIGHBORWORKS BOISE PAGE 1 OF 17 2. Performance measures. This project will provide direct homeownership assistance to 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. Number of households assisted and number of persons in each household; b. Income level and ethnicity of persons provided housing; c. Number of persons assisted who are first-time homebuyers and the number thereof receiving housing counseling; d. Number of persons receiving down payment assistance and/or closing costs; and e. Amount of funding received by each household. D. Staffing not funded. Subrecipient agrees that no CDBG funds will be utilized for staffing. 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 or before 1 October, 2015 and end on 30 September, 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 of fifty thousand dollars ($50,000) to provide direct homeownership 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. PY15 SUBRECIPIENT AGREEMENT -NEIGHBORWORKS BOISE PAGE 2 OF 17 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 made available for review upon City's request. 8. 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: malting 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 PY15 SUBRECIPIENT AGREEMENT—NEIGHBORWORKs BOISE PAGE 3 OF 17 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 (3 0) 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 $750,000or more in a year have a single or program -specific audit. Sub -recipient shall be willing to allow inquires fiom 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 Debarment. 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. Non -Federal entities are prohibited from contracting with or making subawards under covered transactions to parties that are suspended or debarred. "Covered transactions" include those procurement contracts for goods and services awarded under a nonprocurement transaction (e.g., grant or cooperative agreement) that are expected to equal or exceed $25,000 or meet certain other criteria specified in 2 CFR section 180.220. All nonprocurement transactions entered into by a recipient (i.e., subawards to subrecipients), irrespective of award amount, are considered covered transactions, unless they are exempt as provided in 2 CFR section 180.215. 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 PY15 SUBRECIPIENT AGREEMENT -NEIGHBORWORKS BOISE PAGE 4 OF 17 Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City 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. Documentation required prior to transactions. As early as practicable, and not less than two (2) weeks prior to the completion of each transaction, Subrecipient shall provide the address of the housing unit under consideration to City for floodplain and related environmental review. Failure to provide the address of the housing unit under consideration in advance of the anticipated close date may result in added expenses for the beneficiary or Subrecipient, or refusal of reimbursement by City. 5. Draw requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed $50,000. 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 as needed, but no more than one per month and in coordination with the CDBG Administrator. 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 30 September, 2016 unless otherwise agreed in writing. 6. 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. 7. 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 PY15 SUBRECIPIENT AGREEMENT —NEIGHBORWORKs BOISE PAGE 5 OF 17 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: 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 pant, with funds under this Agreement in excess of $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; PY15 SUBRECIPIENT AGREEMENT-NEIGHBORWORKS BOISE PAGE 6 OF 17 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 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 PY15 SUBRECIPIENT AGREEMENT-NEIGHBORWORKS BOISE PAGE 7 OF 17 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 employees placed by or on behalf of Subrecipient, state that it is PY15 SUBRECIPIENT AGREEMENT-NEIGHBORWORKS BOISE PAGE 8 OF 17 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 PY15 SUBRECIPIENT AGREEMENT -NEIGHBORWORKS BOISE PAGE 9 OF 17 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." 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 PY15 SUBRECIPIENT AGREEMENT -NEIGHBORWORKS BOISE PAGE 10 OF 17 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 570.61 lm, 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. 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 malting 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 Forrn-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 PY15 SUBRECIPIENT AGREEMENT -NEIGHBORWORKS BOISE PAGE 11 OF 17 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 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 PY15 SUBRECIPIENT AGREEMENT —NEIGHBORwORKs BOISE PAGE 12 OF 17 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 be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: City of Meridian Attn: Sean Kelly CDBG Program Administrator 33 E. Broadway Avenue NeighborWorks Boise Attn: Pamela Briggs Grant Development Manager 3380 W Americana Terrace Ste 120 Meridian, Idaho 83642 Boise, Idaho 83706 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. 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 PY15 SUBRECIPIENT AGREEMENT -NEIGHBORWORKS BOISE PAGE 13 OF 17 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 PY15 SUBRECIPIENT AGREEMENT -NEIGHBORwORKS BOISE PAGE 14 OF 17 and equitable compensation for any satisfactory work 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 PY15 SUBRECIPIENT AGREEMENT -NEIGHBORWORKS BOISE PAGE 15 OF 17 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. 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. PY15 SUBRECIPIENT AGREEMENT —NEIGHBORwoRKs BOISE PAGE 16 OF 17 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: Neighborhood Housing Services, Inc. 1pb eighbo W rks Bois By: Bud omp err, C CITY: STATE OF IDAHO ) ss: County of a, ) I HEREBY CERTIFY that on this t C day of , before the undersigned, a Notary Public in the State of Idaho, personally appeared Bud Complier, 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. Notary Public for Ida Residing at tsr ' C-0 Idaho My Commission Expires: Attest: lA I:U�' �Ie city of Jacy Jbnes; City --Cl ' Ny pOpNo yj. Y V� 7REASU$F.VO\. PY15 SUBRECIPIENT AGREEMENT—NEIGHBORwORKs BOISE PAGE 17 OF 17 Meridian City Council Meeting DATE: May 17, 2016 ITEM NUMBER: 7F PROJECT NUMBER: ITEM TITLE: Subrecipient Agreement C A - Tc + Subrecipient Agreement With N ' ( —I&1 ks Boise for PY 2015 Community Development Block Grant Funds 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 SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND CHARITABLE ASSISTANCE TO COMMUNITY'S HOMELESS (CATCH) FOR PY 2015 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Ifi This Agreement is entered into this day of °"1 ay , 20 IL by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Charitable Assistance to Community's Homeless, Inc., doing business as CATCH, 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 homeless individuals and families by providing case management and supportive services for rapid re -housing, 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 thirteen thousand two hundred dollars ($13,200) for activities described herein. Subrecipient shall be responsible for administering its PY15 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 with 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 will assist thirteen (13) Meridian families over the course of the year to become able to pay their own rent, by providing the following services: a) Providing rental assistance for up to six (6) months in appropriate housing to break their homeless episode and help them become stably housed. b) Providing and connecting them with supportive services that give them the opportunity to stabilize financially, prevent reoccurring homeless episodes, and afford subsidized or market rate housing. c) Providing supportive services to prevent reoccurring homeless episodes, including intensive case management to help participants address personal obstacles (e.g., employment, behavioral patterns, education, counseling, or budgeting) and assisting participants in job search efforts, skill and resume building, preparation of job application materials, mock interviews, personal hygiene, organizational skills, training, and/or coaching. Py 15 SUBRECIPIENTAGREEMENT -CATCH PAGE 1 OF 14 2. Performance measures. This project will provide case management for homeless individuals to be housed in Meridian, 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 families gaining new access to services provided; and e. Number of individuals gaining improved access to services provided; and f. Number of Meridian families who have become able to pay their own rent. D. Staffing. CDBG funds will be utilized for staffing for case management services. 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 may be extended by amendment 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 of thirteen thousand two hundred dollars ($13,200) for activities described herein. City may require a detailed budget breakdown, and Subrecipient shall provide such information in a timely fashion, and in the farm 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- PY15 SUBRECIPIENT AGREEMENT - CATCH PAGE 2 OF 14 122, "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 made available for review upon City's request. 8. 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 200.501iwhich requires that all non -Federal entities that expend $750,000or 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. Py 15 SUBRECIPIENT AGREEMENT - CATCH PAGE 3 OF 14 12. Suspension and Debarment. 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 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 $13,200. 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. PY15 SUBRECIPIENT AGREEMENT- CATCH PAGE 4 OF 14 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 $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 Py 15 SUBRECIPIENT AGREEMENT -CATCH PAGE 5 OF 14 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 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 PY15 SUBRECIPIENT AGREEMENT -CATCH PAGE 6 OF 14 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 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 Py 15 SUBRECIPIENT AGREEMENT -CATCH PAGE 7 OF 14 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." 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 570.611m, 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 PY15 SUBRECIPIENT AGREEMENT - CATCH PAGE 8 OF 14 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. 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, Pvl5 SUBRECIPIENT AGREEMENT - CATCH PAGE 9 OF 14 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 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 be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: City of Meridian Attn: Sean Kelly CDBG Program Administrator 33 E. Broadway Avenue CATCH Attn: Wyatt Schroeder Executive Director 503 South Americana Boulevard Meridian, Idaho 83642 Boise, ID 83702 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 PY15 SUBRECIPIENT AGREEMENT - CATCH PAGE 10 OF 14 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. 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. L 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 PY15 SUBRECIPIENT AGREEMENT- CATCH PAGE 11 OF 14 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 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 PY15 SUBRECIPIENT AGREEMENT- CATCH PAGE 12 OF 14 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. 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. Py 15 SUBRECIPIENT AGREEMENT -CATCH PAGE 13 OF 14 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: STATE OF IDAHO ) CATCH, Inc — ) S S : County of ) I HEREBY CE TIFY that on this � o day of mc\,, , By: Wy tt Schroeder, Executive Director before the undersigned, a Notary Public in the State of Idaha, personally appeared Wyatt Schroeder, 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. Notary Public f6rAdMho Residing at ck (K ,Idaho My Commission Expires: CITY: City of Meridian Attest: r' i %'elf Q� By: Tammy d erd, Mayor Jac Jones, City of r�° REdSURE VPti PY15 SUBRECIPIENT AGREEMENT- CATCH PAGE 14 OF 14 Meridian City Council Meeting DATE: May 17, 2016 ITEM NUMBER: 7G PROJECT NUMBER: ITEM TITLE: Ada County Housing Authority Subrecipient Agreement With Ada County Housing Authority for PY 2015 Community Development Block Grant Funds MEETING NOTES ME= 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 ADA COUNTY HOUSING AUTHORITY FOR PY 2015 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Agreement is entered into this day of �. , 20 ib by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and the Ada County Housing Authority, a public body corporate and politic established 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 families in obtaining decent, safe, and affordable housing solutions, 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 fifty thousand dollars ($50,000) to provide direct homeownership assistance to help low/moderate income ("LMI") persons purchase homes. Specifically, Subrecipient shall undertalce the following activities: 1. Subsidize mortgage principal amounts; 2. Pay any or all of the reasonable closing costs; and 3. Pay up to 50% of the down payment required by the mortgagee. B. National Objective. Subrecipient certifies that the activities carried out using the 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 benefit LMI persons (24 CFR § 570.208(a)(2)(C)). C. Levels of accomplishment. 1. Goals. Subrecipient shall undertake activities pursuant to this Agreement to serve one (1) Unit of Service. For the purposes of this Agreement, "Units of Service" shall be defined as households assisted in the purchase of a home. PY15 SUBRECIPIENT AGREEMENT -ADA COUNTY HOUSING AUTHORITY PAGE I OF 17 2. Performance measures. This project will provide direct homeownership assistance to 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. Number of households assisted and number of persons in each household; b. Income level and ethnicity of persons provided housing; c. Number of persons assisted who are first-time homebuyers and the number thereof receiving housing counseling; d. Number of persons receiving down payment assistance and/or closing costs; and e. Amount of funding received by each household. D. Staffing not funded. Subrecipient agrees that no CDBG funds will be utilized for staffing. 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 or before 1 October, 2015 and end on 30 September, 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. IL 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 of fifty thousand dollars ($50,000) to provide direct homeownership 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. PY15 SUBRECIPIENT AGREEMENT -ADA COUNTY HOUSING AUTHORITY PAGE 2 OF 17 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 made available for review upon City's request. 8. 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 PY15 SUBRECIPIENT AGREEMENT - ADA COUNTY HOUSING AUTHORITY PAGE 3 OF 17 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 (3 0) 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. Subrecipient shall comply with 2 CFR 200.501, which requires that all non -Federal entities that expend $750,000 or more in a year have a single or program -specific audit. SubrecipientSubrecipient shall be willing to allow inquires from the City about the Subrecipient'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 Debarment. Pursuant to 2 CFR Part 180, specifically, without limitation, 2 CFR section 180.220, Subrecipient is prohibited from 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 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. Documentation required prior to transactions. As early as practicable, and not less than two (2) weeks prior to the completion of each transaction, Subrecipient shall PY15 SUBRECIPIENT AGREEMENT - ADA COUNTY HOUSING AUTHORITY PAGE 4 OF 17 provide the address of the housing unit under consideration to City for floodplain and related environmental review. Failure to provide the address of the housing unit under consideration in advance of the anticipated close date may result in added expenses for the beneficiary or Subrecipient, or refusal of reimbursement by City. 5. Draw requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed $50,000. 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 as needed, but no more than one per month and in coordination with the CDBG Administrator. 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 30 September, 2016 unless otherwise agreed in writing. 6. 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. 7. 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 PY 15 SUBRECIPIENT AGREEMENT - ADA COUNTY HOUSING AUTHORITY PAGE 5 OF 17 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 $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. 70.502;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. PY 15 SUBRECIPIENT AGREEMENT - ADA COUNTY HOUSING AUTHORITY PAGE 6 OF 17 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 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 PY15 SUBRECIPIENT AGREEMENT -ADA COUNTY HOUSING AUTHORITY PAGE 7 OF 17 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 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.). PY 15 SUBRECIPIENT AGREEMENT - ADA COUNTY HOUSING AUTHORITY PAGE 8 OF 17 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 j ourney 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 PY15 SUBRECIPIENT AGREEMENT -ADA COUNTY HOUSING AUTHORITY PAGE 9 OF 17 business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan area in which the project is located." 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 570.61 lm, 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 PY 15 SUBRECIPIENT AGREEMENT - ADA COUNTY HOUSING AUTHORITY PAGE 10 OF 17 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. 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 PY15 SUBRECIPIENT AGREEMENT - ADA COUNTY HOUSING AUTHORITY PAGE 11 OF 17 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 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 be deemed communicated when personally served, or mailed in the United States PY15 SUBRECIPIENT AGREEMENT - ADA COUNTY HOUSING AUTHORITY PAGE 12 OF 17 mail, addressed as follows: City of Meridian Attn: Sean Kelly Ada County Housing Authority Attn: Jillian Patterson CDBG Program Administrator Housing Programs Manager 33 E. Broadway Avenue 1276 W. River Street Meridian, Idaho 83642 Boise, Idaho 83702 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. 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 PY15 SUBRECIPIENT AGREEMENT -ADA COUNTY HOUSING AUTHORITY PAGE 13 OF 17 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 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: PY15 SUBRECIPIENT AGREEMENT - ADA COUNTY HOUSING AUTHORITY PAGE 14 OF 17 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 PY15 SUBRECIPIENT AGREEMENT - ADA COUNTY HOUSING AUTHORITY PAGE 15 OF 17 that such provisions will be binding upon all subcontractors. 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. PY15 SUBRECIPIENT AGREEMENT -ADA COUNTY HOUSING AUTHORITY PAGE 16 OF 17 SUBRECIPIENT: da County Housing Authority 1. 1111111—f _iA By: Deanna Watson, Executive Director CITY: City of Meridian By: Tammy ee or STATE OF IDAHO ss: County of (� ) I HEREBY CERTIFY that on this 1 p day of before the undersigned, a Notary Public in the State of I aho, personally appeared Deanna Watson, 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. Notary Public for I o Residing at L _- , Idaho My Commission Expires: -t�)-2-2 Attest: PY15 SUBRECIPIENT AGREEMENT—ADA COUNTY HOUSING AUTHORITY PAGE 17 OF 17 Meridian City Council Meeting DATE: May 17, 2016 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Settlers Park No, 1 Easement Between the City of Meridian and the Idaho Power Company for a Vault in Conjunction with the Ada County Highway District's Meridian/Ustick Road Widening Project Located at the Corner of Settlers Park MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION UK DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PLEASE RETURN TO: 1221 W. Idaho St. (83702) P.O. Box 70 ADA COUNTY RECORDER Christopher D. Rich 2016-045076 Boise, ID 83707 BOISE IDAHO Pgs=4 CHE FOWLER 05/25/2016 01:02 PM MERIDIAN CITY NO FEE 1111111111111111111111111111111111111111111111111111111 Easement—Organization 00229077201600460760040043 Clty (.)f_N1 ridiun, l alto, si taltl»iuitlal corporation "Grantor(s)", of _ , Adar County, State of.--- LL Idaho ___,_, do hereby grant and convey to IDAHO POWER COMPANY, a Corporation, with its principal office located at 1221 W. Idaho Street, Boise, Idaho, 83702 (P.O. Box 70, Boise, ID 83707), its licensees, successors, and assigns, (collectively, "Grantee"), for One Dollar and other valuable considerations, the receipt and sufficiency of which is hereby acknowledged, a permanent and perpetual easement and right of way, at all times sufficient in width for the installation, erection, continued operation, maintenance, repair, alteration, inspection, and/or replacement of the following: Underground Facilities: Underground electrical power line or lines and related facilities and equipment, generally including, but not limited to, buried power lines and wires, above -ground pad -mounted transformers, junction boxes, cables, conduits, communication lines, including fiber optics, other equipment, and all related appurtenances, any of which may extend above ground, in certain locations to be determined by Grantee at Grantee's sole and absolute discretion (all of the above collectively being referred to as the "Facilities") together with the right to permit the attachment and/or use or placement of the wires, fixtures, cables and conduits of other companies or parties (all of the same being included within the definition of "Facilities"), on, over, through, under, and across the following premises belonging to Grantor(s) in Ada County, State of _ Idaho u_._, in the location described below. Grantee is hereby also granted the perpetual right of ingress and egress over Grantor's other property necessary for the full and complete use, occupation, and enjoyment of the easement hereby granted, and together with all rights and privileges incident thereto, including, but not limited to, (i) the right, at Grantee's expense, to excavate and refill ditches and trenches for the location of the Facilities, (ii) the right, at Grantee's expense, to cut, trim, and remove trees, brush, bushes, sod, flowers, shrubbery, overhanging branches and other obstntctions and improvements which may injure or interfere with Grantee's use, occupation, or enjoyment of this easement, and (iii) the right, at Grantee's expense, to install, construct, operate, inspect, alter, maintain, replace, improve and repair any and all aspects of Grantee's Facilities over, through, under and across the lands subject to this easement. The location of the easement and right of way granted herein is described as follows in Exhibit `A' Legal Description and shown on Exhibit `B' Survey Map attached hereto and made a part hereof upon property granted to Grantor under Grantor's Warranty Deed Instrument No. 95070396. Grantor shall not alter the grade or elevation of the land within the right-of-way existing on the date hereof through excavations, grading, installation of berms, or other activities without the prior written approval of Grantee. Grantor shall not place nor build any structure(s) within the easement area except fences and except as otherwise approved by Grantee in writing. This Easement shall run with the land and be binding upon the parties' successors and assigns. (Signature page immediately follows) CRE 009 (5113) IPC Checked by: Mark A. Kriete Work Order #: 27445045 Executed and delivered this Sign day of _...__ o A LGUST 1 "� City of - E IDIA-N* ''S, 1DAN0 SL CD x1111 ea� STATE OF SS, COUNTY OF _... I_ Qo t _._..... (Notary's Name), a notary public, do hereby certify that on this day of ...__ __. 20 .# personally appeared before me _a (Individual's Name Including Title) and. __.._ _ _ (Individual's Name Including Title), who, being by me first duly sworn, declared that he/she/thea are respectively the duly authorized person(s) of City Of Meridian, Idaho, a municipal corporation — (Organization Name), that he/she/thea signed the foregoing document, and acknowledged to me that he/she/they executed the same as the free act and deed on behalf of said organization. _ ®® (NOTARY SEAL) bLA-LIU My Commission Expires on /. CRE 009 (5/13) IPC 1515 S. Shoshone St., Boise, ID 83705 Office (208)342-7957 Fax (208)342-7437 EXHIBIT "A" LEGAL DESCRIPTION SETTLERS PARK (EAST) A parcel of land within a portion of the SE % of Section 36, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being a portion of Grantor's parcel (granted under WARRANTY DEED Instrument No. 95070396) and more particularly described as follows: COMMENCING at the SE Corner of Section 36 marked by a found 3" aluminum cap with CP&F recorded as Instrument No. 110086550 from which the South % Corner of Section 36 marked by a found 3 %" brass cap with CP&F recorded as. Instrument No. 110073308 bears North 89014'43" West, a distance of 2662.19 feet, thence along the south line of said Section, North 89°14'43" West, a distance of 277.34 feet; Thence North 00040'18" East, a distance of 48.00 feet to the north right-of-way for Ustick Road and the POINT OF BEGINNING; Thence continuing North 00°40'18" East, a distance of 15.00 feet; Thence South 89°14'43" East, a distance of 40.00 feet; Thence South 00040'18" West, a distance of 15.00 feet to the north right-of-way for Ustick Road; Thence along said right-of-way, North 89014'43" West, a distance of 40.00 feet to the POINT OF BEGINNING. Containing 600 square feet more or less. Refer to the attached Survey Map labeled "EXHIBIT B". Any modification of this description shall render it void. END OF DESCRIPTION Prepared by: Ronald M. Hodge, PLS Project Manager Fox Land Surveys, Inc. 27445045 - LCST44-SE7"rLUMS EAST. DOC w rn r /t..,.,, r V f?,y fq co Sr.. mN'22� p 4110 r � m © JQ}. ��ry RANGE 1 WEST - a' N. MERIDIAN RD. � RANGE 1 EAST � DS,RHM SCALE:V=40' DATE: 02-16-2016 SETTLERS PARK EAST EASEMENT FOX LAND SURVEYS INC, (208) 342-7957v DR.Dsp--_..._..__._______.. _.._._._..--_._.___.�.._�:_��� ADA COUNTY, IDAHO SV,RHM SHT.111 ( 16012.03MS M SEC.36, TAN, RAW, B.M. 0i X X n IN w m m N W 4: N00°40'18" E 48.00' z 03 X A ® �z �m v r /t..,.,, r V f?,y fq co Sr.. mN'22� p 4110 r � m © JQ}. ��ry RANGE 1 WEST - a' N. MERIDIAN RD. � RANGE 1 EAST � DS,RHM SCALE:V=40' DATE: 02-16-2016 SETTLERS PARK EAST EASEMENT FOX LAND SURVEYS INC, (208) 342-7957v DR.Dsp--_..._..__._______.. _.._._._..--_._.___.�.._�:_��� ADA COUNTY, IDAHO SV,RHM SHT.111 ( 16012.03MS M SEC.36, TAN, RAW, B.M. Meridian City Council Meeting DATE: Mav 17, 2016 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: No 2 Easement No 2 Easement Between the City of Meridian and the Idaho Power Company for a Sector Box in Conjunction with the Ada County Highway District's Meridian/Ustick Road Widening Project 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 11"111111 # An GAM*C cvngsxer PLEASE RETURN TO: 1221 W.Idaho St.(83702) ADA COUNTY RECORDER Christopher D. Rich 2016_042307 P.O.Box 70 BOISE IDAHO Pgs=4 DAWN TRIVOLIS 05/18/2016 09:38 AM Boise,ID 83707 MERIDIAN CITY NO FEE IIIIIIIIIII III HIEN III11 III I11I1111111 III 00226133201600423070040043 Easement--Organization City Of Meridian,Idaho,a municipal corporation "Grantor(s)",ofAda County,State of Idaho ,do hereby grant and convey to IDAHO POWER COMPANY, a Corporation,with its principal office located at 1221 W. Idaho Street,Boise,Idaho, 83702(P.O. Box 70, Boise, ID 83707),its licensees,successors,and assigns, (collectively,"Grantee"),for One Dollar and other valuable considerations,the receipt and sufficiency of which is hereby acknowledged,a permanent and perpetual easement and right of way, at all times sufficient in width for the installation,erection,continued operation,maintenance,repair,alteration,inspection,and/or replacement of the following: Underground Facilities: Underground electrical power line or lines and related facilities and equipment,generally including,but not limited to,buried power lines and wires,above-ground pad-mounted transformers,junction boxes,cables,conduits,communication lines, including fiber optics,other equipment,and all related appurtenances,any of which may extend above ground, in certain locations to be determined by Grantee at Grantee's sole and absolute discretion(all of the above collectively being referred to as the"Facilities") together with the right to permit the attachment and/or use or placement of the wires,fixtures,cables and conduits of other companies or parties(all of the same being included within the definition of"Facilities"), on,over, through, under,and across the following premises belonging to Grantor(s)in Ada County,State of Idaho ,in the location described below. Grantee is hereby also granted the perpetual right of ingress and egress over Grantor's other property necessary for the full and complete use,occupation,and enjoyment of the easement hereby granted,and together with all rights and privileges incident thereto, including,but not limited to,(i)the right,at Grantee's expense,to excavate and refill ditches and trenches for the location of the Facilities,(ii)the right, at Grantee's expense,to cut,trim,and remove trees,brush,bushes,sod,flowers,shrubbery,overhanging branches and other obstructions and improvements which may injure or interfere with Grantee's use,occupation,or enjoyment of this easement, and(iii)the right,at Grantee's expense,to install,construct,operate,inspect,alter,maintain,replace,improve and repair any and all aspects of Grantee's Facilities over,through,under and across the lands subject to this easement. The location of the easement and right of way granted herein is described as follows in Exhibit'A' Legal Description and shown on Exhibit`B' Survey Map attached hereto and made a part hereof upon property granted to Grantor under Grantor's Warranty Deed Instrument No.95070396. Grantor shall not alter the grade or elevation of the land within the right-of-way existing on the date hereof through excavations, grading, installation of berms, or other activities without the prior written approval of Grantee. Grantor shall not place nor build any structures) within the easement area except fences and except as otherwise approved by Grantee in writing. This Easement shall run with the land and be binding upon the parties' successors and assigns. (Signature page immediately follows) GRE 009(5/13) IPC Checked by: Mark A. Kriete .... _............ Work Order#: 27445045 Executed and delivered th•is )1-4Aiday of Si_ . _ .1 sr s' Include title where applicable): „z ::........... de i : .... • so CA A-L-13 of- 1---te-Ctaiosx\ Corporate Verification STATE OF ss. COUNTY OF AaCk / —14 1, ,e. eco O y\,-� (Notary's Name), a notary public,do hereby certify that on this 2 A ... ,20 t�p_, personally appeared before me t. u i. 10 ► ._ .1. dayof (Individual's Name Including Title)and . .. (Individual's Name Including Title), who,being by me first duly sworn, declared that he/she/they are respectively the duly authorized person(s)of City Of Meridian, Idaho,a municipal corporation (Organization Name), that he/she/they signed the foregoing document,and acknowledged to me that he/she/they executed the same as the free act and deed on behalf of said organization. .....• • .••NCAA e• .�°,OT 8, ,• • (NOTARY SEAL) mg,•,k •. • •• �.,, v�'0. Notary ' bli •. N,s? 1!P1*** My Commission Expires on Jq� Q. •��?��01,.• GRE 009(5/13) SPG r 1515 S. Shoshone St, Boise, ID 83705 • r Office (208)342-7957 Fax (208)342-7437 EXHIBIT"A" LEGAL DESCRIPTION SETTLERS PARK(WEST) A parcel of land within a portion of the SE Xi of Section 36, Township 4 North, Range ? West, Boise Meridian, City of Meridian, Ada County, Idaho, being a portion of Grantor's parcel(granted under WARRANTY DEED Instrument No. 95070396) and more particularly described as follows: COMMENCING at the SE Corner of Section 36 marked by a found 3" aluminum cap with CP&F recorded as Instrument No. 110086550 from which the South''/.Corner of Section 36 marked by a found 3%" brass cap with CP&F recorded as Instrument No. 110073308 bears North 89°14'43"West, a distance of 2052.29 feet,thence along the south line of said Section, North 89°14'43"West, a distance of 609.90 feet; Thence North 00°40'18" East, a distance of 48.00 feet to the north right-of-way for Ustick Road and the POINT OF BEGINNING; Thence continuing North 00°40'18" East, a distance of 10.00 feet; Thence South 89°19'43" East, a distance of 15.00 fe Thence South 00°40'18" West, a distance of 10.00 feet to the north right-of-way for Ustick Road; Thence along said right-of-way, North 89°14'43"West, a distance of 15.00 feet to the POINT OF BEGINNING. Containing 150 square feet more or less. Refer to the attached Survey Map labeled B". Any modification of this description shall render it void. END OF DESCRIPTION Prepared by: ra '.Y Ronald M. Hodge, PLS et; FQ A. Project Manager 8575 ''% Fox Land Surveys, Inc. ,,02-23 14'.k? "'"0„,1 r(' 0 F 27445045--LCST44-SEIFLERS WEST.DOC if ( I sII WIA r I Z Z XI XJ 010 it , : o 13 o O m 19 0 No 0 l ,w, I "u. O : Z N o? ii 5:0 -A 241 ;NIP>'. 1 N00"0101 8"E (1??116 ,34 z 53 ` 1 Q t (0 r- ''*'-1 . . F,. 1 b `8 cn 13 m b o� , 4 A O W - .2 fi fn m{, 5 1 -' 0 0 1 g o I r Z 0 m i Tr) 0 z 1 D PROP � vOQ / n - . r b O N 'GD 'a:' v- m m o CV71 ,0 RANGE 1 WEST rn N. MERIDIAN RD. ` O 0�� �' RANGE 1 EAST w Z Q '' 110)31 r DS.RHMSCALE:1'=40' DATE 02-18-2018 SETTLERS PARK WEST EASEMENT Fox LAND SURVEYS INC. (208)342- 857 DR.DSP -- ADA COUNTY, IDAHO SV.RHM SHT,111 18012.03MSAWG SEC.36, T.4N, R.1W, B.M. '%"Ti MYWNl CMI,YH Meridian City Council Meeting DATE: Mav 17, 2016 ITEM NUMBER: 7J PROJECT NUMBER: H-2016-0039 ITEM TITLE: Bainbridge Subdivision No. 3 Final Plat Continued from May 3, 2016 for Bainbridge Subdivision No. 3 (H- 2016-0039) by Brighton Development Located Southeast Corner of N. Black Cat Road and W. Vanderbilt Drive. Request: Final Plat Approval Consisting of Thirty -Nine (39) Building Lots and Five (5) Common Lots on 16.38 Acres of Land in an R-8 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 Meridian City Council Meeting DATE: Mav 17, 2016 ITEM NUMBER: 7K PROJECT NUMBER: H-2016-0048 ITEM TITLE: Shallow Creek Subdivision Final Plat for Shallow Creek Subdivision (H-2016-0048) by A Team Land Consultants Located Southeast Corner of S. Locust Grove Road and E. Franklin Road. Request: Final Plat Approval Consisting of Fifteen (15) Multi -Family Buildable Lots and Four (4) Common Lots on 5.856 Acres in the R-15 Zoning District MEETING NOTES Ff APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 17, 2016 ITEM NUMBER: 7L PROJECT NUMBER: H-2016-0018 ITEM TITLE: Kenners Subdivision 1F.IF-C L 4 r Final Plat for Shallow Creek Subdivision (H-2016-0048) by A Team Land Consultants Located Southeast Corner of S. Locust Grove Road and E. Franklin Road. Request: Final Plat Approval Consisting of Fifteen (15) Multi -Family Buildable Lots and Four (4) Common Lots on 5.856 Acres in the R-15 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 Meridian City Council Meeting DATE: May 17, 2016 ITEM NUMBER: 7M PROJECT NUMBER: H-2016-0004 ITEM TITLE: Meridian Property Group Findings of Fact, Conclusions of Law for Meridian Property Group (H-2016- 0004) by Darel T. Hardenbrook Located 1 139 E. Fairview Avenue. Request: Annexation and Zoning of 0.63 Acres of Land with a C -G Zoning District. Request: Modify the Existing Development Agreement (Inst. #1 091 341 78) to Incorporate Parcel #S1 107120620 As Well As to Modify Certain Other Provisions DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: Mav 17, 2016 ITEM NUMBER: 7N PROJECT NUMBER: ITEM TITLE: Professional Services Agreement Professional Services Agreement with National Association of Peer Program Professionals for Training and Certification Services in an amount not to exceed $7,251.00 MEETING NOTES �t Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT WITH NATIONAL ASSOCIATION OF PEER PROGRAM PROFESSIONALS FOR TRAINING AND CERTIFICATION SERVICES This PROFESSIONAL SERVICES AGREEMENT WITH NATIONAL ASSOCIATION OF PEER PROGRAM PROFESSIONALS FOR TRAINING AND CERTIFICATION SERVICES ("Agreement") is made this day of May, 2016 ("Effective Date"), by and between the City of Meridian ("City"), a municipal corporation organized under the laws of the State of Idaho and National Association of Peer Program Professionals, a nonprofit corporation organized under the laws of the State of Missouri, by and through its President, Judith A. Tindall ("Trainer"). City and Trainer may hereinafter be collectively referred to as "Parties." WHEREAS, the Meridian Police Department ("MPD") has received a Peer -to -Peer Engagement Grant ("Grant") through the Idaho Office of Highway Safety ("OHS"), one objective of which is to provide peer-to-peer training and certification to MPD personnel, and Trainer is competent to provide such training and certification; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Trainer shall, from June 14, 2016, through June 17, 2016, at the Public Safety Training Center, located at 1223 E. Watertower Avenue, in Meridian, Idaho, provide to MPD two (2) two-day training sessions, entitled "How to Start a Peer -to -Peer Helping Program" (June 14-15, 2016), and "Youth Highway Traffic Safety Program: Adult Professionals" (June 16-17, 2016), and all deliverables related thereto, as described in Exhibit hereto ("Training"). II. COMPENSATION. A. Compensation. City shall utilize Grant funds to reimburse Trainer for the following costs: 1. Training fee in the amount of seven thousand, two hundred and fifty-one dollars ($7,251.00), which fee shall include any and all costs of Trainer's travel, transportation, lodging, food, provision of services, and any and all other expenses related to Trainer's delivery of the Training and related materials and deliverables. 2. Certification fees in the amount of thirty-five dollars ($35.00) per individual trained at the Training, which fee shall include certification of each individual through, and registry with, the National Association of Peer Program Professionals. B. Method of payment. Following Trainer's delivery of the Training to MPD and registration of all individuals trained and certified at the Training with the National Association of Peer Program Professionals, Trainer shall provide to City a completed W-9 form and itemized invoice enumerating all expenses for which reimbursement is sought under this Agreement. In order to obtain reimbursement for certification fees, Trainer shall enumerate by name all PROFESSIONAL SERVICES AGREEMENT— PEER TO PEER TRAINING PAGE I of 8 individuals certified following completion of the Training. City shall make payment to Trainer within thirty (30) days of receipt of the completed W-9 form and invoice. C. No taxes withheld. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Trainer under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Trainer. III. TIME OF PERFORMANCE. A. Training date. Trainer shall deliver the Training to City from June 14, 2016, through June 17, 2016. B. Time of the essence. Trainer 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. IV. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Trainer shall indemnify, save, and hold harmless the City and OHS and any and all of their employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Trainer, its servants, agents, employees, guests, and/or business invitees while on City's premises or while fulfilling Trainer's obligations under this Agreement. Trainer specifically, without limitation, agrees to indemnify, defend, and hold City and OHS, their officers, elected officials, appointees, agents, directors, members, and employees harmless from and against any claims related to the Training or to this Agreement. B. Waiver. Trainer waives any and all claims and recourse against City and OHS, 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 Trainer's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City and OHS or their officers, agents or employees. C. Worker's Compensation insurance. Trainer shall obtain and shall maintain, at its own expense, from the Effective Date of this Agreement through City's Final Acceptance of the Training, workers' compensation insurance, in an amount required by law, to cover any and all persons employed by Trainer. D. Other insurance Trainer's responsibility. City shall not provide insurance to cover loss, theft, or damage of Trainer's property or to cover any activity undertaken by Trainer in the ftirtherance of Trainer's rights or obligations described herein. Insurance Trainer's person, property, or interests and/or that of Trainer's employees or agents shall be the sole PROFESSIONAL SERVICES AGREEMENT — PEER TO PEER TRAINING PAGE 2 of 8 responsibility of Trainer. Trainer shall obtain all necessary insurance as may be required in order to protect Trainer's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the Training or any component thereof. V. 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, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination, The defaulting party shall have seven (7) days after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. 1. Default by City. In the event of termination for non-performance or default by City, City shall compensate Trainer for work actually completed by Trainer prior to the date of written notice of termination and any additional services actually performed prior to the date of written notice of termination, less payments of compensation previously made, not to exceed the total amount of compensation allowed hereunder. 2. Default by Trainer. In the event of termination for non-performance or default by Trainer, all finished and unfinished source code and/or any and all other work products prepared and submitted or prepared for submission under this Agreement shall, at City's option, become its property. Notwithstanding this provision, Trainer shall not be relieved of any liability for damages sustained by City attributable to Trainer's breach of this Agreement. City may reasonably withhold payments due until such time as the exact amount of damages due to City from Trainer is determined. B. Non -waiver of breach. Except as otherwise expressly stated in this Agreement, waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. V1. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Trainer 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 Trainer and City or between Trainer and any official, agent, or employee of City. Both parties acknowledge that Trainer is not an employee of City. Trainer shall retain the right to perform services for others during the term of this Agreement. PROFESSIONAL SERVICES AGREEMENT - PEER TO PEER TRAINING PAGE 3 of 8 B. Compliance with law. Throughout the course of this Agreement, Trainer shall comply with any and all applicable federal, state, and local laws. C, Non-discrimination. Throughout the course of this Agreement, Trainer shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. 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. F. 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. G. 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. H. 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. I. Successors and assigns, All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. J. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Trainer: National Association of Peer Program Professionals Judith A. Tindall, President 58 Portwest Court St. Charles, Missouri 63303 MPD: Meridian Police Department Attn: Chief Jeff Lavey 33 E. Broadway Avenue Meridian, Idaho 83642 PROFESSIONAL. SERVICES AGREEMENT — PEER TO PEER TRAINING PAGE 4 of 8 Either party may change its address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. K. 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. L. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 1i day of May, 2016. TRAINER: A !j 010, Judith A. 4njall, Ph.D., CPPE, NAPPP Certified Trainer/Consultant President, NAtional Association of Peer Program Professionals CITY OF MERIDIAN: BY: Attes Tanury y eerd, Mayor Jacy ones, Z-'/Vj t 1IA' SFAL PROFESSIONAL SERVICES AGREEMENT— PEER TO PEER TRAINING PAGE 5 of 8 EXHIBIT A TRAINING DESCRIPTION PROFESSIONAL SERVICES AGREEMENT - PEER TO PEER TRAINING PAGE 6 of 8 National Association of Peer Program Professionals NAPPP National Association of Peer Program Professionals ESTABLISH A PEER HELPING PROGRAM (Can be tailored to local needs) Two Days This dynamic training is for all BEGINNERS in peer helping program development. Learn about program start-up, program implementation, and program maintenance. Learn how to apply NAPPP Standards and Ethics. Peer helping programs can include one-on-one helping, mentoring, mediation, tutoring, and leadership. This training is designed to help the adult professional learn the basic steps in putting together any peer -led program. Bring your ideas and creativity. This is a process -based training, and every participant will be involved. It's most effective when training takes place with a team. Focus will be on identifying local needs, plus highway traffic safety and evaluation of peer programs. Each participant will be presented with their Certified Peer Program Educator certificate at the end of the training. The Adult Peer Resource Team Training will focus on the following: • Identifying needs in building/community (Ex, Low academics, conflict) • Logistics of training (credit, club etc.) Time will be spent on evaluation of student learning • Know National Standards and Ethics around peer resource programs • How to coordinate with other peer leadership programs • Selection of the peer leaders, helpers, mediators, tutors etc. • Utilization of peer resources (Short and long term) • Understanding the rational for peer programs • How to organize your program • Roles of team members • Evaluation model of peer programs • Public Relations • Plan of Action The team training will involve some lecture, small group work, role playing. Materials will be provided. Participants will receive: ✓ One year of membership in the National Associations of Peer Program Professionals; ✓ Certified Peer Program Educator (CPPE) designation -Grant will pay for $35 initial fee. Renewal fee of $20 after one year; ✓ NAPPP Certificate of Attendance with hours ✓ CEU's available for Health Educators (CHES); ✓ CEU's available for Addiction Professionals; ✓ CEU's for Social Work Pending, PROFESSIONAL SERVICES AGREEMENT— PEER TO PEER TRAINING PAGE 7 of 8 ✓ Optional Graduate credit available through Lindenwood University. Must apply directly to Lindenwood Universirty. ✓ If the organization/school has had a program for over a year, can apply for the NAPPP Certified Peer Program designation. Youth Highway Traffic Safety Program: Adult Professionals Training to deliver Youth "Highway Traffic Safety for Youth Peer Leadership Training: Zero Tolerance for Underage Drinldng, Drug Use and Driving; Seat Belt Use and Distracted Driving" Two days The Adult traffic safety training institute will help those peer program professionals, drivers education teachers, School Resource Officers and other adults plan an effective program for their peer helpers/leaders using the NAPPP curriculum "Youth Highway Traffic Safety Peer Leadership Training: Zero Tolerance for Underage Drinking, Drug Use and Driving; Seat Belt Use, Distracted Driving." The student curriculum has been through a rigorous program evaluation over the last several years. The adult professionals will have the opportunity to learn how to use the curriculum, learn program evaluation skills to evaluate the program, review several power point materials to strengthen their training with youth leaders and create a plan for their peer helpers/leaders to deliver safety messages to their peers in a group setting and one-on-one. Highway traffic crashes are still the number one killer or youth and considered to be a worldwide health issue. All peer helper programs need to provide educational lessons to their peers to save lives through "Youth Saving Youth." Participants will receive the student curriculum and professional leaders guide. Participants will receive: ✓ NAPPP Certificate of attendance, ✓ One year of membership in the National Associations of Peer Program Professionals, ✓ Optional Graduate credit available through Lindenwood University- must work directly with Lindenwood. ✓ CEU's pending for Educators, Health Educators, Addiction Professionals and Social Work pending. PROFESSIONAL SERVICES AGREEMENT- PEER TO PEER TRAINING PAGE 8 Of 8 tilO t A -o Meridian City Council Meeting 1 , DATE: May 17, 2016 ITEM NUMBER: PROJECT NUMBER: H-2016-0006 ITEM TITLE: Pope's Garden Estate Located 2662 E. Magic ViewRequest: Amendment to the Comprehensive Plan Future Land Use Map (FLUM) to Change the Land Use Designation on 5.28 Acres of Land From Office to Medium High Density Residential 2. Request: Annexation and Zoning of 5.28 Acres of Land from the RUT to the R-15 Zoning District 3. Request: Preliminary Plat Approval Consisting of Twenty (20) Ri iilrlinnc Fni it [Al (-'nrnn-)nn I n+c nnr4 (Ino I1 1 (l+how I n+ nn r� OP MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 17, 2016 ITEM NUMBER: $A� PROJECT NUMBER: ITEM TITLE: Dairy Board Dairy Board Request for Cost Share for the Annual Dairy Days Parade MEETING NOTES e0y\ `\\jtA S/0 -?Ll Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 01-1 SPECIALTY CONSTRUCTION SUPPLY z 348 Northwest -13th Place • Meridian, Idaho 83642 Phone (208) 322-6800 • Fax (208) 322-2636 • Toll Free (888) 574-7732 SMIAN CCNSTICCTIIN 51MY www.specialtysupply.com Idaho Public Works License # PWC -C -12763 -AAA -2-4 (02785, 01550, 18700, 01570, 07100) EIN # 20-8122260 DUNS # 19-710-7550 - Contractor License # RCE -20560 Oregon Construction Registration #178588 QUOTATION Estimator: Forrest Moranda Page 1 Project: Dairy Days Bid Date: 4/26/2016 ITEM QUANTITY UNITS DESCRIPTION UNIT PRICE TOTAL 100 mnhr Mobilization & Maintenance $ 27.50 $ 2,750.00 120 ea Traffic Control Signs $ 2.75 $ 330.00 40 ea Barricade's $ 4.25 $ 170.00 200 ea Tubular Markers (Candles) $ 1.75 $ 350.00 5 ea Arrow Board $ 39.75 $ 198.75 27 mnhr Flagging $ 20.00 $ 540.00 - 9 flaggers, three hours TOTAL $ 4,338.75 * Any changes or additional signs (added by ACHD or others) will be billed at the per each pricing. * No special signs (information signs or street nameplates) included. Additional fees would apply. * Quantities are estimates only - unit price prevails. * Bid bond not included in price - if required, add 2.5% to overall quote total * Prices quoted include sales or use tax. * Prices are based on furnishing all of the material on this * Totals and average prices are shown for your convenience. quotation. Prices on individual items may be negotiated. Our invoice will reflect the unit prices for the actual quantities * Quantities are based on our take off and are not guaranteed. required and furnished. * Above prices quoted for acceptance within 30 days and • Does not include light towers. apply to this project only. RECEIVED PU3kVi U h a zy CITY OF Qgro CITY CLERKS OFFICE www.invarion.com MGM OONST119"l0N supply � NaoM VrOUR TOUR avow 0 0 0 6�a. SOC O U� _ N Washington I+ a �g w Carlton - .. aasoio avoa v. State n $� I • _ o Pine #�• �� eg Pl �' ztl t;i �i P e 2H� osg6� r i O a ea e side streets listed will have 1 s _ ae Broadway III Barricades and Road Closed -► 1 d signs at Main Street: i o�oua jway aHEno r gg 2 1 Bower ROAD ms I gb Vt �r� t Krrl g' aasoio m l i "'- gg avoa t S ams 4 � II g w ego B€ OLIU o< . CLOSEp;O t 'd ftOAO HFAO WCLOSED - ?g &$ . Watertower� ;•r Place Road Closed Ahead On All Sidestreets Leading Up To Every Type 3 an<o� Every Flagger Will Be Covered With Flagging en ra r-. Signs abM aoseo :. AHEAD Date: 4/19/16 Author: Hopkins Project: Dairy Days Comments: Dairy Days *All traffic control will be placed to M,U.T.C.D, spacing standards as adopted by the State of Idaho *This plan is the copyright of Specialty Construction Supply and it's use is restricted to use by permission only *Contractors will be responsible for placing delineation around objects left in the right of way 'This is not a Engineer stamped plan SPECIALTY CONSTRUCTION SUPPLY 348 NW 13th Place, Meridian, ID. Phone (208) 322-6800 Fax (208) 322-2636 rt. Toll Free (888) 574-7732 NORTH www.specialtysupply.com MGM OONST119"l0N supply � NaoM VrOUR TOUR avow 0 0 0 6�a. SOC O U� _ N Washington I+ a �g w Carlton - .. aasoio avoa v. State n $� I • _ o Pine #�• �� eg Pl �' ztl t;i �i P e 2H� osg6� r i O a ea e side streets listed will have 1 s _ ae Broadway III Barricades and Road Closed -► 1 d signs at Main Street: i o�oua jway aHEno r gg 2 1 Bower ROAD ms I gb Vt �r� t Krrl g' aasoio m l i "'- gg avoa t S ams 4 � II g w ego B€ OLIU o< . CLOSEp;O t 'd ftOAO HFAO WCLOSED - ?g &$ . Watertower� ;•r Place Road Closed Ahead On All Sidestreets Leading Up To Every Type 3 an<o� Every Flagger Will Be Covered With Flagging en ra r-. Signs abM aoseo :. AHEAD Date: 4/19/16 Author: Hopkins Project: Dairy Days Comments: Dairy Days *All traffic control will be placed to M,U.T.C.D, spacing standards as adopted by the State of Idaho *This plan is the copyright of Specialty Construction Supply and it's use is restricted to use by permission only *Contractors will be responsible for placing delineation around objects left in the right of way 'This is not a Engineer stamped plan Ci t y C o u n c i l M e e t i n g Ma y 1 7 , 2 0 1 6 Sl i d e 1 h2 Ag e n d a I t e m N u m b e r s / O r d e r : ho o d c , 1 2 / 1 9 / 2 0 0 6 It e m # 1 0 B : V o l t e r r a S u b d i v i s i o n Zo n i n g M a p Su b j e c t P r o p e r t y Su b j e c t P r o p e r t y Dr i v e w a y E x h i b i t Co n d i t i o n s G o v e r n i n g D e v e l o p m e n t o f S u b j e c t P r o p e r t y: 6. 1 . O w n e r / D e v e l o p e r s h a l l d e v e l o p t h e P r o p e r t y i n a c c o r d a nc e w i t h t h e f o l l o w i n g s p e c i a l c o n d i t i o n s : 1. Th a t p r i o r t o a p p r o v a l o f t h e 2 0 0 th re s i d e n t i a l l o t , ( i n c l u d i n g V o l t e r r a N o r t h a n d V o l t e r r a S o ut h ) , t h e 1 0 . 2 a c r e p a r k ( J a m e s P a r k ) s h a l l be c o n s t r u c t e d . 2. Th a t t h e p a r k s h a l l i n c l u d e t h e p r o p o s e d s w i m m i n g p o o l a n d r e st r o o m s , t h e w a t e r f e a t u r e ( f o u n t a i n ) , c l u b h o u s e , t h e 1 0 - f oot wide mu l t i - u s e p a t h w a y a n d t h e t o t l o t . 3. Th a t p r i o r t o t h e 4 0 0 th re s i d e n t i a l l o t ( i n c l u d i n g V o l t e r r a N o r t h a n d V o l t e r r a S o u th ) , t h e p r o p o s e d 3 a c r e p a r k s o u t h o f M c M i l l a n R o a d sh a l l b e c o n s t r u c t e d . 4. Th a t t h e p a r k s h a l l i n c l u d e t h e p r o p o s e d p l a z a a r e a a n d p l a y g ro u n d e q u i p m e n t . 5. Fu t u r e d e v e l o p m e n t i n t h e C - G a n d L - O z o n e s s h a l l c o m p l y w i t h th e s t r u c t u r e a n d s i t e d e s i g n s t a n d a r d s , a s s e t f o r t h i n t h e U DC-3A- 19 a n d t h e g u i d e l i n e s s e t f o r t h i n t h e C i t y o f M e r i d i a n A r c h i t ec t u r a l S t a n d a r d s M a n u a l . 6. Fu t u r e h o m e s c o n s t r u c t e d w i t h i n t h e V o l t e r r a N o r t h a n d V o l t er r a S o u t h S u b d i v i s i o n s s h a l l s u b s t a n t i a l l y c o m p l y w i t h t h e sample el e v a t i o n s ( s e e E x h i b i t B ) . 7. Al l f u t u r e d e v e l o p m e n t o f t h e s u b j e c t p r o p e r t y s h a l l c o m p l y wi t h C i t y o f M e r i d i a n o r d i n a n c e s i n e f f e c t a t t h e t i m e o f d e v e lopment. 8. Fo r p h a s i n g p u r p o s e s , V o l t e r r a N o r t h a n d V o l t e r r a S o u t h p l a ts s h a l l b e r e v i e w e d a s o n e p r o j e c t a n d b o t h p l a t s w i l l r e m a i n valid as su c c e s s i v e p h a s e s r e c e i v e C i t y E n g i n e e r ’ s s i g n a t u r e . T h e s am e a p p l i e s t o a n y f u t u r e t i m e e x t e n s i o n s t h a t m a y b e r e q u e s t ed. 9. On e “ R i g h t O u t , E x i t O n l y ” a c c e s s p o i n t w i l l b e p e r m i t t e d s o u t h o f t h e c o l l e c t o r r o a d ( N . V i c e n z a W a y ) o n t o T e n M i l e Ro a d f o r f u t u r e e g r e s s f r o m t h e a d j a c e n t o f f i c e l o t s i n a c c o r d w i t h t h e d r i v e w a y e x h i b i t a t t a c h e d a s E x h i b i t A . 3 . It e m # 1 0 C : P o p e ’ s G a r d e n Vi c i n i t y / Z o n i n g M a p Co m p r e h e n s i v e P l a n Fu t u r e L a n d U s e M a p Or i g i n a l S i t e P l a n / P r e l i m i n a r y P l a t Or i g i n a l L a n d s c a p e P l a n Re v i s e d S i t e P l a n Re v i s e d P r e l i m i n a r y P l a t Pr e s e n t e d a t t h e C o m m i s s i o n M e e t i n g RE V I S E D P l a t & L a n d s c a p e P l a n Pr o p o s e d B u i l d i n g E l e v a t i o n s Meridian City Council Meeting DATE: May 17, 2016 ITEM NUMBER: 10A PROJECT NUMBER: H-2016-0027 ITEM TITLE: Maverik Public Hearing Continued from May 3, 2016 for Maverik (H-2016-0027) by Maverik, Inc. Located 1515 E. Fairview Avenue 1. Request: Annexation and Zoning of Approximately 3.907 Acres of Land with a C -G Zoning District B. MEETING NOTES c®r\A-'\ nvk Ck k0 -:q-/ (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 Meridian City Council Meeting DATE: May 17, 2016 ITEM NUMBER: 10B PROJECT NUMBER: H-2016-OQ33 ITEM TITLE: Volterra Subdivision Public Hearing Continued from May 3, 2016 for Volterra Subdivision (H- 2016-0033) by Bridgetower Investments, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road 1. Request: Amend the Recorded Development Agreement (Instrument #106034786, Amended as Instrument #1 1 101393) to Allow Right Out Only Access to N. Ten Mile Road for the Office Lots Approved with the Volterra South Subdivision MEETING NOTES � "�N acv-, .. ,ROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 17, 2016 ITEM NUMBER: 11 A PROJECT NUMBER: ITEM TITLE: Human Resources Human Resources: Process on Establishing Policies Discussion 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 STANDARD OPERATING POLICY AND PROCEDURE NUMBER 1.3 SUBJECT: ESTABLISHMENT OF CITY WIDE POLICIES PURPOSE : To identify how city wide policies are created for inclusion in the Policy Manual. POLICY : Citywide policies may be proposed by any Department Director. City wide policies are a statement by the leadership of the City, and ultimately the City Council, as to acceptable practice and behavior within the workplace. These policies are specific to employment related matters. These policies apply in general to all personnel employed by the City, as well as volunteers and elected officials. No supervisor or employee shall have the authority to establish policy or allow behavior that directly conflicts with these policies. Departments may adopt department policies for operations without needing secondary approval by the City Council. AUTHORITY & RESPONSIBILITY : Human Resources shall be responsible for shepherding the proposed policy through the current process. PROCEDURES AND RELATED INFORMATION: 1) Proposed citywide polices shall be provided to Human Resources for initial review. 2) Legal may be consulted on such polices if appropriate. 3) The proposed policy will be then vetted to the Senior Leadership Team for discussion and review. 4) Once finalized, the policy will be presented at a workshop of the City Council for discussion and direction. 5) If directed by the City Council the final version of the policy shall be presented at a City Council meeting with a resolution for adoption. 6) Once adopted the policy shall be incorporated into the Citywide Policy and Procedures Handbook. Citywide policies shall be applicable to all City employees, unless exempted specifically by Agreement. 7) Human Resources shall provide notice of the policy adoption, repeal, or amendment to all employees through email and any other means that exist for employee information dissemination. wl hr�l 0 .j L 0 .V) Q) c6 0 L Q N C6 h,0 C6 on C6 J 4--+ v Q Q) Q) � U a—+ 0 4-J Q 4-1U E Qj U O J Q) � L � L � O U � Q 0 C6 N u — • � O 0 a) Q) Q U (L) O Q Q c D M c Q) O 0 U O N •" O ~ Z3 o Ul) U 0- U) U) v 4-J U 4-, i6 0 cn u C6 m 0 (/ ) Cl:� 4-1 = = _v O 4— N O J O • 'O 0 -J _U U ai cn U U hr�l 0 .j L 0 .V) Q) c6 0 L Q N C6 h,0 C6 on C6 J 4--+ v Q Q) Q) � U a—+ 0 4-J Q 4-1U E Qj U O Meridian City Council Meeting DATE: May 17, 2016 ITEM NUMBER: 11 B PROJECT NUMBER: ITEM TITLE: Public Works Continued from May 10, 2016: Public Works: Discussion on Design Standards MEETING NOTES C) \-" <v, -A�,- "�s - -�)ave-- 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: May 17, 2016 ITEM NUMBER: 11 C PROJECT NUMBER: ITEM TITLE: Public Works Public Works: Reconsideration of a Budget Amendment for the Purchase of a Sewer Cleaning Truck for the Not -to -Exceed Amount of $500,000.00 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 Wastewater Division 561 43 2009: 258 mi 2016: 439 mi Miles of Sewer Lines Cleaning Schedule Time Re l i a b i l i t y Vehicle is 7 years old Constant use Increasing age No back-up Cleaning Schedule Slipping Increasing Vulnerability, Risk, and Liability Adding Costs *COMPASS (Mar. 2015) 3% Price Increase Effective June, 2016 Possible 2nd Price Increase Effective December, 2016 3% 0f $500,000 = $15,000 $0 $5,000 $10,000 $15,000 $20,000 $25,000 FY15 FY16 (YTD + Projected) Rental Costs FY15 FY16 (YTD + Projected) *3rd Rental needed but not available 0 50 100 150 200 250 300 350 400 450 500 $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 FY12 FY13 FY14 FY15 FY16-YTD Co s t s Maintenance Costs Repair Costs Rental Costs Maintenance Downtime Hours Repair Downtime Hours * * * 3rd Rental needed but not available Rent: 1 Available Vehicle in Valley Cost: $3,833/week or 56¢ / lineal foot Outsource: 67¢ / lineal foot Borrow (Emergency Only – if available): ACHD – Stormwater Cleaning Trucks Regional Sewer Trucks Current Program Cost/Foot 35¢ / lineal foot Order: May 2016 Delivery: November 2016 Payment: FY17 Order: October 2016 Delivery: April 2017 Payment: FY17 Rental Costs Incurred Oct-May 2016 $7,666 Rental Costs Incurred Oct-May 2016 $7,666 Rental Costs May-November 2016 $11,499 Rental Costs May-November 2016 $11,499 Vendor Price Increase 3% $15,000 Sewer Cleaner Rental Budgeted in FY17 $30,664 Total Additional Cost to City For Delayed Purchase $45,664 Additional Delay Costs Order: May 2016 Delivery: November 2016 Payment: FY17 Rental Costs Incurred Oct-May 2016 $7,666 Rental Costs May-November 2016 $11,499 Total to Date = $19,175 2 2 2 2 1 1 2 561 FY14 FY16 FY12 Required Correction Required Correction Actual Numbers 561 There are 20,000 Cities Across the U.S. 9th Fastest Growing City PW Working to Keep Pace With Growth City Growth In PW Means: Addition of Infrastructure Addition of Equipment Addition of Materials & Supplies Addition of Human Resources Growth Must Be Balanced Established, Successful Program Growth Outpacing Existing Service Standard New Sewer Truck is Already in FY 17 Capital Plan Approval Now Costs Nothing Now - Delivery and Payment will occur in FY17 which is where this purchase was originally budgeted Allows Us to Begin Catching Up 6 Months Earlier 6-Month Reduction in Vulnerability, Risk, and Liability to City Purchase Today Saves Ratepayers Money by Approving E IDIAN�- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Laurelei McVey Wastewater Superintendent DATE: 01/13/2016 Mayor Tammy de Weerd City Council Members# Ty Palmer Keith Bird Joe Borton Luke Cavener Genesis Milam Anne Little Roberts SUBJECT: APPROVAL OF A BUDGET AMENDMENT FOR $500,000 FOR THE PURCHASE OF A SEWER CLEANING TRUCK I. RECOMMENDED ACTION Move to: 1. Approve the Sewer Cleaning Truck Budget Amendment for an amount not to exceed $500,000.00; and 2. Authorize the Mayor to sign the amendment. II. DEPARTMENT CONTACT PERSONS Laurelei McVey 985-1259 Dale Bolthouse, Deputy Director of Operations 985-1257 Tom Barry, Director 489-0372 III. DESCRIPTION A. Background Environmental Protection Agency (EPA) Capacity, Management, Operation, and Maintenance (CMOM) standards prescribe a formalized sewer cleaning maintenance program as a critical aspect of wastewater treatment plant operations. CMOM standards are in place so that treatment plants can best operate the collection system of a plant, and proactively prevent and respond to Sanitary Sewer Overflow (SSO) events. Prior to 2009, City collection system cleaning and camera services were contracted out. At that time, contracted services did not meet the growing needs of the City due to lack of contractor availability, on-call reliability, as well as quality concerns over the data that the treatment plant needs to track as part of its collection system operation. Additionally, contracted services had become more costly. Higher costs, and less availability and reliability created higher cleaning costs per mile of pipe. For these reasons the City Page 1 of 3 Project Costs Fiscal Year Account Code Computer & Peripherals 60-3520-54350 $1,950.00 Sewer Cleaning Truck 60-3520-94100 $498, 050.00 Total Cost $500,000.00 C. Time Constraints Approval of the budget amendment is necessary so the City can return to the adopted collection system cleaning schedule. There is a six month lead time for delivery of the truck once the purchase order is placed. Moving forward with this task order will allow the City to resume and maintain the three year cleaning cycle adopted under the City's CARE values as well as the EPA CMOM standards. V. LIST OF ATTACHMENTS A. FY2016 Budget Amendment Sewer Cleaning Truck Department Approval for Council Agenda: Date Page 3 of 3 E 0 c a) E c a) E Q a) 00 Q0 0 N H a) 4- 0 4 u v Y u L v v 3 v p 0 0 0 0 0 Ln V). GJ a (1) 4-0c v E c a� E Q 4J 0 m 0 o a o In LD 00 o 0 N N n V} N h h ih c) O0 O V -1 H O O n m n Ol h Y h w f- w OA m N c -I m N h C N O N o r 1i y 00 n N lD n O 1.f) m N 01 d' U) N m l0 O O t lD O O m ti O) n H N In m r 3 Ln IR d� W li n W Ln h V h m h O N n an n 00 N n ^ N C Q N 0000 l^n VN)� C^f) J - N m r N V? to VT V? VT V} V? Vn V? 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N 3 v 0 n a a a aq ((D N s< (D O O rL m a w cu 0 Q N ,rD ( d y (D f iA 3 Uri r U9 tJl N O rD fz rD 3 0 — v y O r O n C) C Ol U o {< N rr 7 0 CA rt Q N (D (D Q (D O ° i D m rD o" t - A O Et 0 0 C: h O (D d' Q D) 0 a < 0 O O C i"F Z S D1 T 3 O) N 3 m O) a OJ pr (D N o 0 a N 3 D z N rn A D Wr 1 O CD C- =3 11 N O co C 3 CD Q CD rT+ 11 O Meridian City Council Meeting DATE: Mav 17, 2016 ITEM NUMBER: 11 E PROJECT NUMBER: ITEM TITLE: Mayor's Office: Mayor's Office: Budget Amendment for the State of the City Address for a Not -to -Exceed Amount of $17,970.00 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 O O O e LI r O O O O O O O O O O 3 vP f (� v m 3 v S n Z O N (A n v 3 ni :2 m Vf 11 (D H 93 N a ro. zz 0 o z O a. 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Od (D 3 h 01 O CL Cn z = D O v rt. w ° x o O c N v rD o W" — s °' O N r a °c rD :E W v O �T7 O a O ° CrD^^ 0 �, :3(Q m v N o CD ago D N 3 S N rtCD 5 W m 3 (D =3rD m rD 3 rD v � 3 y Q CD + 7 or 0 T (D O c t D) v Q rD rt 7 (� Q h O m ° J h M z (D a ° 'O h ti, -. n m 3 3 O U=s as m o , o y m � 3 O p CL �o s 3 (D 0 3 !R m O ror N DO + o n (D �' :3 aN o °' Meridian City Council Meeting DATE: May 17, 2016 ITEM NUMBER: 11 F PROJECT NUMBER: ITEM TITLE: Mayor's Office: Mayor's Office: Budget Amendment for the Mayor's Youth Advisory Council for a Not-fo-Exceed Amount of $15,660.00 Mini- bfif tr sr MEETING NOTES d� ` tV" 5 o n Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS m a N O W 0- 3 3 (D 0- 3 3 m 0 0 G 0 r+ 3( m Q e•fi M C m e -F tn• VI N G 0 IA H N 0 0 0 101010101014 VE O O O O O O O n -n <D O ' 0 0 0 0 0 0 T 0 00 y (D (D O L, w N W N W LU W N W N W N W � r W w W N W N W N W N W O N W N W N W N W N W N W N W L+ W O N W r W r W t+ H H H (D r W N W N W N W N W r W M l/l w 0 w w w w 0 O V W V J N �r- rrA p ^, n 0 N 0 W 0 N y 0 r 0 O O O O O VI N G 0 IA H N 0 0 0 101010101014 VE O O O O O O O O O O O O O y (D (D O L, w N W N W LU W N W N W N W r W r W w W N W N W N W N W r W N W N W N W N W N W N W N W L+ W r W N W r W r W t+ H H H W W N Vl Vl lJi Ul Ul l/l 0 0 0 0 0 0 0 V V J V J N �r- 3 p ^, n 0 N 0 W 0 N 0 O 0 r 0 O O O O O O O O O O O O O CD w i i m co n m =1 n o N v y N o w N p 3 m m m m 0 vOi vii c 4j� V� -U'� (D a M D DU N M M ° 3 n O n r�D N�n _! 0 m x d m n N OQ N L! if? i/R if/ AA, Ln A N N In co w A Qi �I V -P, A V /-+ Ol J n ltt O O O A N hrIn V 41 4�- Ln F�-r(A I I V WLn 10 O t C!1 o Q u a' Om M vi vii _ a z z'e O O tp E3 D rt 0 3 r O 7 rD o m rt, 3 O � m ao ao O m (D (D 'O U DJ N v O O O O O O O O CCD 3 3 "• y (D (D O L, w w W w W w w w w w w w W w w N N N N om (D m S O O O O t+ H H H W W N F- O A H O O O1 O O 0 0 0 0 0 0 0 0 �r- 3 p ^, n \ v o �p N D o N m n, 'O N CD rD m D m =1 n o — a 0 c � w N p Oq m m m V� 4j� V� -U'� b N_ E C N r; ;4 °' Q O O CCD 3 3 "• y (D (D O Z v O c 3 3 0 m (D m S S O 3 ID c rt v DJ m o 0o oo ; v O �r- n, 'O N CD w b N_ E C N N Q O O CCD (O •vii "• y (D O G1 c \ t J O `< (DC O 3 rt 3 NCD m a Q C m 7 r+ m m N _ " O T N W Q r -F D 3 CD 0- 3 3 CD c 1 (D rD !D Q n (D O o - (D a 0 Q 0 S m a. a r�- 3 (D Vhi N a (D O Q (D n S rD S 7 (D n rp v N Q c n rD N O r rD h .< O. 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O ' N _ C N 0 (D cid z h O O O O 0�o3 E rD 3 " a (D m o N 3 N K O N D) n (D h N O n (D N h 7 C G O_ e o Lnh � N 00S _ o (D p s a E 3n CD :CIL a m m rD c °: rD CL d S d (/moi (DN (D e (D O N (D O rr:. O H N r° < 0 ao_m' 3 (D < to '< p. O K (D 3 � o D o -h o n C! ' o c m 3 S (ND! h O N O - ..' S C O 3 S (D M S LN O O 0< 3 7 F-' v M (D C N N (D D1 0 < rA or y E r^j ct 7 y A Et O D m' CL w v 0 (D a d w O (D Z � V1 '� < Z D1 rt 3 S a G O O c O 3 'i. n NO (D T N O Ln D *i Meridian City Council Meeting DATE: May 17, 2016 ITEM NUMBER: 11 G PROJECT NUMBER: ITEM TITLE: Mayor's Office: Mayor's Office: Budget Amendment for the Mayor Tammy's Walking Club for a Not -to -Exceed Amount of $3,500.00 MEETING NOTES -,' tv A- S`�M%-I-,-c�kl Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS m O_ Al 73 N O O) W Q D 3 m C. 3 CD 7 I r 0 d O O O O O O O O O O O O O - ti c N N w N N N N N N N N N N W 0 13 0 13 0 13 O 132 w W W W W W W W W W O O O O O O O O O O O O O O O O O O O O O O O O O - ti c N N w N N N N N N N N N N W W W W W w W W W W W W W W W O O O O O O O O O O O O O Ut Ui i oNO�oO J UUl O O O O O O O O O O O O O O O (T 7- 0 3 3 = W K CL < m Ol= _ ti m OC OQ I",� w r+ LnLn O O W N W Ut O w O b `� 10 - ti c CL i oNO�oO rD o b `� 10 - ti c CL i rD <o==owO— =F+ 7G"O0—OO7 fD a v�O• (QQCOOWCQeO�ON--D 4Q -Fr` _. <m mo y m CD O '�'DG,o 3 CD rD ma m mNo CD N m m d 6OD i ONV_NCnf On h ' r; r; 3 --% 3v O0mvzm 3 3 0 -n m O =) (D C) (D O O) W m m i wj O Svii Nrt rD 0 f7 0 M N O (D O N 03 _ 3 7 '�•r m S N D_rD S r) d O 3 3 3 rD7 ,G W Vl 0 a rDm G 0 Q l7 cu S rD fD 7 O 7 3 rD X 7 Da N Q. rD CL Q' S ER Q w iZ (D 7 N O O 3 3 N O d 0 d Q W to nl 0 a '6 n to N N H N Q.. 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Ordinance No. -1 (09D : An Ordinance (H-2016-0024) of the City of Meridian Amending Meridian City Code as Codified at Title 11, Entitled the Unified Development Code (11 -3G -3A) Pertaining to Common Open Space; and Providing an Effective Date MEETING NOTES M 104 e; IEN Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILANI, PALMER, LITTLE ROBERTS AN ORDINANCE AMENDING MERIDIAN CITY CODE AS CODIFIED AT TITLE 11, SECTION 3 ENTITLED THE UNIFIED DEVELOPMENT CODE, OF THE MERIDIAN CITY CODE PERTAINING TO COMMON OPEN SPACE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Unified Development Code is the official zoning ordinance for the City of Meridian and provides an opportunity to better support the Comprehensive Plan and provide a tool that is relevant and contemporary to the needs of the City; and, WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to incorporate changes to the Unified Development Code within the City of Meridian pertaining to Common Open Space; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code Sectionll-3G-3A, Unified Development Code, be amended in part as follows: 1 -3G -3A: STANDARDS: A. Open Space And Site Amenity Requirement: 1. The total land area of all common open space that meets the standards as set forth in subsection B of this section shall equal or exceed ten percent (10%) of the gross land area of the development; or provide five percent (5%) common open space if the entire development is comprised_ of buildable lots, a minimum of 16,000 sauare feet, not including landscape buffers along arterial or collector roadways. 2. One additional site amenity that meets the standards as set forth in subsection C of this section shall be required for each additional twenty (20) acres of development area. (Ord. 10-1439,1-12-2010, eff. 1-18-2010) Section 2. That all other provisions of Title 11 as they relate to the Unified Development Code remain unchanged. Section 3. That this ordinance shall be effective immediately upon its passage and publication. MAY 2016 UPDATE UNIFIED DEVELOPMENT CODE TExi, AMENDMENT ORDINANCE' --H 2016-0024 PAGE l OF 2 PASSED by the City Council of the City of Meridian, Idaho, this day of May, 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this d y of May, 2016, APPROVED: Tamm e eerd, Mayo ATTEST: Jaey Jones, G°¢S01��D Aucosl`.o City of SEAL YTER °( Ih, TP, MAY 2016 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENIT ORDINANCE— H 2016-0024 PAGE 2 OF 2 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 16- C`` An Ordinance of the City of Meridian amending Meridian City Code as Codified at Title 11, entitled the Unified Development Code (11 -3G -3A) pertaining to Common Open Space; and Providing an Effective Date. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This e shall become effective upon the passage and publication. 10 AuG4,sr P , City of eridi n--- _ Mayor and City Councilz1- SEAL By: Jacy Jones, City Clerk �i,� el First Reading: It ah 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. 16-1 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- � �oof 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 May, 2016. William, L.M. Nary City Attorney MAY 2016 UPDATE - SUMMARY UNTFILD DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE RE COMMON OPEN SPACE - H 2016-0024 Meridian City Council Meeting DATE: May 17, 2016 ITEM NUMBER: 13 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics 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