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HomeMy WebLinkAbout2016-07-12E IDIAN CITY COUNCIL WORKSHOP IDAHO MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, July 12, 2016 at 3:00 PM 3:02 PM 1. Roll -Call Attendance X Anne Little Roberts X Joe Borton X Ty Palmer X Keith Bird O Genesis Milam X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Adoption of the Agenda Adopted 4. Consent Agenda Approved A. Findings of Fact, Conclusions of Law for TM Creek (H-2016-0067) by SCS Brighton, LLC Located Southeast Corner of W. Franklin Road and S. Ten Mile Road B. Termination of Well Sharing Agreement and Release of Easement Between L & G Murgoitio, LLC and the City of Meridian Regarding the South Meridian 77 -Acre Future Park Property C. Amended Development Agreement for (Instrument#114002254), TM Crossing (H-2016-0054) with SCS Brighton, LLC located at the northeast corner of Interstate 84 and S. Ten Mile Road, in the southwest 1/4 of Section 14, Township 3N., Range 1W. D. Approval of Purchase of Allen Bradley PLC Equipment from Columbia Electric Supply for the Not -to -Exceed Amount of $55,506.06 and Authorize the Purchasing Manager to Sign the Purchase Order 5. Community Items/Presentations A. Gift Presentation by Colleen Braga and Jodi Gempler on behalf of the Boys and Girls Club Meridian City Council Meeting Agenda Tuesday, July 12, 2016 — Page 1 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. B. Mayor's Office: Mayor's Youth Advisory Council Update on Participatory Budgeting Project 6. Items Moved From the Consent Agenda 7. Department Reports A. Continued from June 21, 2016: Community Development - Transportation Projects Update - Discuss Transportation Related Studies, Plans and Projects Including: Ustick Road, Franklin Road and Idaho Avenue B. Fire Department: Budget Amendment for Fire Public Education in the Not - to -Exceed Amount of $21,837.00 $2700 Motion Approved to Approve a Budget Amendment in the Not -to -Exceed Amount of $21,837.00 C. Public Works: Budget Amendment for Public Works Salary Adjustments in the Not -To -Exceed Amount of $29,924.00 Motion Approved to Approve a Budget Amendment in the Not -to -Exceed Amount of $29,924.00 D. Public Works: Recommendation for Water Service Connection for Mary McPherson Elementary Motion Approved to Allow Public Works to Reach an Agreement with Mary McPherson Elementary or West Ada School District to Establish Water Service at Mary McPherson Elementary E. Purchasing and Parks Departments Joint Report: Discussion and Approval of a Construction Management at Risk Agreement in the Amount of 5'/4% of the Project Construction Costs and Preconstruction Services fee of a Not - To -Exceed Amount of $17,350.00 for the Hillsdale Park Project Approved F. Clerk's Office: Presentation on the Updated City of Meridian Records Retention Schedule G. Clerk's Office: Approval of Resolution No. 16-1149: Adopting the Amended Record Retention Schedule of the City of Meridian Approved H. Mayor's Office: Appointment of Interim City Clerk Motion Approved to Appoint Jaycee Holman as Interim City Clerk 8. Future Meeting Topics A. Discussion on Format of July 20, 2016 Budget Workshop Hearing Adjourned at 4:47 PM Meridian City Council Meeting Agenda Tuesday, July 12, 2016 — Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Workshop July 12, 2016 A meeting of the Meridian City Council was called to order at 3:02 p.m., Tuesday, July 12, 2016, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Ty Palmer, Luke Cavener, Joe Borton and Anne Little Roberts Members Absent: Genesis Milam. Others Present: Bill Nary, Jacy Jones, Bruce Chatterton, Jaycee Holman, Tom Barry, Warren Stewart, Mike De St. Germain, Dave Jones, Crystal Ritchie, Todd Lavoie, Keith Watts and Dean Willis. Item 1: Roll-call Attendance: Roll call. X_ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X_ Keith Bird _____ Genesis Milam __X__ Lucas Cavener _X Mayor Tammy de Weerd De Weerd: I'd like to welcome everyone to our City Council meeting. For the record it is Tuesday, July 12th. It's a two minutes after 3:00. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item 2 is our Pledge of Allegiance. If you will all rise. (Pledge of Allegiance recited.) Item 3: Adoption of the Agenda Item 3 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On 7-G, the proposed resolution number is 16-1146 and with that I move we approve the agenda has published. Borton: Second. Meridian City Council Workshop July 12, 2016 Page 2 of 34 De Weerd: I have a motion and a second to approve the agenda. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 4: Consent Agenda A. Findings of Fact, Conclusions of Law for TM Creek (H-2016- 0067) by SCS Brighton, LLC Located Southeast Corner of W. Franklin Road and S. Ten Mile Road B. Termination of Well Sharing Agreement and Release of Easement Between L & G Murgoitio, LLC and the City of Meridian Regarding the South Meridian 77-Acre Future Park Property C. Amended Development Agreement for (Instrument#114002254), TM Crossing (H-2016-0054) with SCS Brighton, LLC located at the northeast corner of Interstate 84 and S. Ten Mile Road, in the southwest 1/4 of Section 14, Township 3N., Range 1W. D. Approval of Purchase of Allen Bradley PLC Equipment from Columbia Electric Supply for the Not-to-Exceed Amount of $55,506.06 and Authorize the Purchasing Manager to Sign the Purchase Order De Weerd: Item 4 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 secon d to approve the Consent Agenda. Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Robert, yea. De Weerd: Motion passes with four ayes and one here. Meridian City Council Workshop July 12, 2016 Page 3 of 34 MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Community Items/Presentations A. Gift Presentation by Colleen Braga and Jodi Gempler on behalf of the Boys and Girls Club De Weerd: Item 5 is under Community Presentations. Tonight we -- or this afternoon we have Colleen Braga and Jodi Gempler with the Boys & Girls Club. Welcome. Braga: Thank you, Madam Mayor and thank you Members of the Council for allowing us to come today and express our most sincere gratitude for your support in helping us get our new gym and teen center there on Meridian Road opened up in -- was it May 19th I think was our grand opening date and I know a lot of you were there , but we just wanted today -- we brought a little -- a little cool framed gift for you all to kind of celebrate the great facility that we now have serving kids in Meridian. I don't know if you guys have been there since the grand opening, but it is just teeming with kids. The other day I was in the teen center and every possible seat was filled . The gym, they had it -- they put the bleachers down the center and have the teams on one side doing activities and the younger kids on the other. We are getting about 350 kids there every day during the summer -- De Weerd: Wow. Braga: -- and as you can imagine without that space those kids would be having a hard time. We have been able to -- you know, this year we are serving about a hundred kids a day more than we were serving last year . So, it's pretty amazing and it all started with the city getting behind it and supporting us. It was the impetus for a lot of other people to get involved and I wanted to thank Mayor Tammy especially, because she helped us. We wouldn't be where we are without her support and helping us raise the funds. We just wanted to thank you all and present you with this. Hopefully you will find a space here in City Hall to show it off, but it -- you know, it has depictions of our teen center, our new facility. The kids enjoying the grand opening and, of course, the gymnasium. So, we are looking forward to our continued partnership and many years of partnering between the Boys & Girls Club in the City of Meridian. So, thank you. De Weerd: Thank you, Colleen. I would say that, you know, chairing the campaign was easy, because we have a community that cares and what you and your staff has done to establish a reputation as a safe place -- as a place that has adults that care and delivers all the five promises that we need to commit to our kids to have available to them and it's because of the reputation that you have set that people invested, because they believed in the program . That makes it easy. Braga: Thank you, Mayor. We appreciate your comments. Is there a possibility of getting a quick picture that we can Facebook? Meridian City Council Workshop July 12, 2016 Page 4 of 34 (Picture taken.) De Weerd: Well, thank you. And thank certainly who is missing from this opportunity to see the results of decisions made are Councilman Zaremba and Councilman Rountree as well. So, it definitely showed what kind of community we live in with the generosity of getting behind this project. So, thank you, Council. I think that this Council really did show a great deal of leadership in making sure that this happened for a community. B. Mayor's Office: Mayor's Youth Advisory Council Update on Participatory Budgeting Project De Weerd: So, our next item also is our investment in youth and we have our Mayor's Youth Advisory Council here to talk about participatory budgeting led by Councilman Borton and they are here to tell you how the process went and have an ask . So, Cheyenne. Quilter: Madam Mayor and Council -- Members of the Council, my name is Cheyenne Quilter and this last year MYAC I was the Government Affairs chairwoman and this coming year I will be the chair of MYAC and I'm really excited to share with you what MYAC has been working on their participatory budgeting project. So, this happened all throughout this year, so -- all right. So, a little bit about what is a participatory budgeting project. What it was was a different way to manage money and engage youth into government and this money that we had for the participatory budget came from the public budget and, then, it was led by City Councilman Borton, who got the idea at NLC last fall and what it -- what he really wanted and what MYAC wanted was for this project to be led by youth only. So, there could be a little bit of guidance from advisors, but it was youth only coming up with the ideas, the actual rules, everything that you see in this project was done by the youth and, then, the youth were the ones who set up the guidelines, the meetings and ideas for something we as the youth of Meridian wanted and, then, one thing to add is that this project is really historic for Idaho, because we have never had anything like this where the youth are the ones in charge of this participatory budget -- budgeting project, so this is really historic for Idaho and Meridian. So, a little bit about the timeline of this project. Councilman Borton began to champion this idea when he got back from NLC with the help of Todd Lavoie, the CFO, Ken Corder, the MYAC advisor, and support of Mayor Tammy and, then, this idea was presented in last April of 2015 to MYAC just to give us a little bit of a chance to figure out what it was and really brainstorm ideas and , then, leadership for this project took form, which the leadership for this project was the Government Affairs chair and vice-chair and our vice-chair was Tyler Ricks. So, we were the ones in charge of being the leadership for this project and, then, from September of this year through January MYAC were -- were making the participatory budget a subcommittee in Government Affairs and, then, guidelines were made and how these guidelines came about were how the youth really wanted to step forward with this project and how we decided what ideas would and would not work and some of those things that we Meridian City Council Workshop July 12, 2016 Page 5 of 34 came up with were ones that -- we couldn't have any new employees, so the money that we had we couldn't hire an employee and it had to be a one -time expense only and it had to be within the city limits and it had to be beneficial to all residents in Meridian and the last one was no adult input, which definitely was a little bit hard for our advisors, but it was definitely really -- it was amazing to see just students working on this project and coming up with ideas without any of the adult experience trying to help us guide to the best idea. So, definitely no adult input during this time. And, then, the goals for this project were discussed in MYAC. So, all the students came up with what they wanted to see with this project and afterwards what they wanted the community to feel from this project and, then, the first ideas were compiled. So, in January of 2016 approximately 52 ideas were compiled . We got a lot of different ideas. Some were really, really cool out-of-the-box thinking. We had some that wanted a meet and greet ball pit kind of, where the balls have like ideas to talk to people and you can meet different people and, then, we had one person who wanted robot recycle bins, which was really cool, but maybe a little bit of a safety hazard and, then, in February of 2016 the youth leadership was able to consolidate the project ideas down to just 17 and how we did this was looking at which ideas really fit within the guidelines and which ones would be the most beneficial to the community as a whole. So, then, our project ideas -- in March MYAC'ers looked at the top 17 choices, discussed them, and, then, voted on their top five and before they even voted we had all the people who came up with those ideas talk a little bit about what they thought this idea could be and how it could benefit the City of Meridian as a whole and we also had other MYAC'ers stand up and give pros and cons to this idea. That way we could really see this idea as a whole and laid out. So, what we came up with for our top five choices that MYAC'ers voted on were increasing recycling bins. However, these weren't the ones that were ones that could be automotive and , then, a BMX track in a park and an adult slash teen obstacle course slash tree gym, bike checkout through the library and the last one was the Meridian Green Belt slash pathwa y improvement. And, then, in April MYAC'ers again discussed the top five ideas and came down to the adult slash teen obstacle course slash tree gym for their final pick of what they wanted to use this money for. So, how MYAC moved forward from there is we have been working with the city staff and have picked out not only high quality equipment, but an amazing location and the location that we found was Tully Park and why we wanted to put this in Tully Park was because, first of all, it's next to a playground location that we have, it is next to a playground, there is lots of privacy, and it's along one of the most used walkways in Meridian, which is the Bud Porter and it's very accessible -- and I will show you a picture right here where the circle is, it says outdoor gym. That's where we want to put it and it has a lot of privacy, actually, for a park, because on the back side there is a fence and, then, it's closed off by bathrooms on the other side , so it's great for parents or older siblings to take their younger siblings or daughters and sons to the playground and, then, be able to work yet still keep an eye on them . It's also great because of the route it's on. If families want to get out and go for a run or a walk and, then, go ahead and work out together. It's right along that path, so it's a great location. And, then, the equipment that you're seeing is the equipment that we are hoping to get for this area. So, the plans for the gym was that originally our budget was 20,000 dollars, but because of how amazing our community -- community members and Meridian City Council Workshop July 12, 2016 Page 6 of 34 businesses in the community are and the relationships that the City of Meridian has been able to have, CBH Homes and CMD have offered to pour the concrete for this pad needed for this project for free, allowing more money to be used for the gym equipment and, then, as well MYAC voted that the proceeds that we got during Ball at the Hall would be used for the participatory budget, which was 1,000 dollars. So, now we had 21,000 dollars to bring to the project. However, the equipment in total to get all the nine pieces would be 32,000 dollars. So, right now we are m oving forward as is and buying a couple of the pieces that we can and we like to call the pieces that we are buying the mirror pieces, the ones that are going to be used the most. So, the biceps, triceps, and back and some legs and core and, then, we are looking to also have partnerships with Axiom Gym or Bodybuilders to see if they would be able to help fund a little bit more for the rest of the equipment. So, what MYAC is asking is that the City Council further fund the participatory budgeting, so each year MYAC will be able to create a new project and have the youth voices heard each year and some of the benefits that would be included would be budgeting skills for youth and anybody involved in it. A positive engagement between city government and the youth of Meridian. It was amazing to see all the MYAC'ers discuss why they wanted certain ideas and they also took the stance of the city as well and to see that engagement between the two, City and the youth, was amazing and, then, also the participants owning their community -- and this goes back to a little bit between the relationship between the city and the youth. When our youth are going to be able to put ideas out into their community they are going to want to come back when they get older and show their kids or the next generations what they were able to do with the help of their city and, then, also community pride. This is a big one as well. The youth are going to be able to see what they did and show other cities that their city really listened to what they had to say and what they wanted in their city and now because of that there is a new tree gym in their park. So, that's what MYAC was asking and, then, some discussion or questions that we are -- that we are having is the funding gap and ideas for funding. And that is all. De Weerd: Thank you, Cheyenne. Council, any questions, discussion? Questions about the process? Yes, Mr. Cavener. Cavener: Great presentation. Question for you about the decision-making process. Do you think had -- had MYAC been aware of the cost to fund the total gym would that have remained their decision knowing that you wouldn't have been able to afford the entire piece or was that discussed prior to making a decision? Quilter: Madam Mayor, Councilman Cavener, so one of the big things -- and I believe this is a big thing that had contributed to the success of this project was that we didn't totally know all the costs of what we could or could not do and that's why we got so many ideas that were out-of-the-box thinking and I believe even if the students knew that they wouldn't be able to get the whole set right away, I think they would look at the past of MYAC and what we have been able to accomplish and realize that we would be able to get partnerships within the city and down the road we would be able to finish this tree gym. So, I think they would have gone forward with this as well. Meridian City Council Workshop July 12, 2016 Page 7 of 34 Cavener: Madam Mayor, additional question? Cheyenne, taking everything that you have learned this past year, if MYAC were to do this again, what are the things you would do differently? Quilter: I think I would definitely have more discussion and debate within MYAC and maybe put up the goals in like a big bulletin board maybe when they are trying to come up with ideas, because at the start we had about 52 ideas and some of the ideas didn't totally follow the guidelines that we had , which was really hard, and it would have been great to make sure that they knew the guidelines and the goals for this projec t all the way to be able to maybe take their ideas and tweak them a little bit to fit the guidelines and the goals. But overall I think this process went great and it was an amazing experience and the youth -- and it was so exciting, because this is the first ever participatory budgeting project in Idaho, so they were really excited to be a part of it and our advisors were amazing with their passion, too. So, I think all together it was a great experience. Cavener: Great. Thank you. De Weerd: Any other questions? Mr. Borton. Borton: Madam Mayor. Cheyenne, it was a fantastic process you went through and Todd and Ken and the rest of the leadership team within MYAC. A couple of the things to Councilman Cavener's question, the process started somewhat relatively late -- later in the year and one of the things we talked about were it to go forward is to utilize the fall and the winter months a little bit better to start the process earlier to allow MYAC to vet to your point some of the questions whether an item is within the budgeted allocation or not. That would certainly help. Another thing that I would want to highlight, which I thought was really impressive -- of all of the elements of this that MYAC, as the democratic decider and the voice of these items, was election day, in particular it was kind of fascinating to watch the leadership team, you know, made the ballots, ran an actual election here, I mean they were lined up to vote for the first time. It was really neat to see the -- the youth participation and you can't highlight enough the amount of debate that occurred between the kids on items that I think a lot of adults might not have ever thought of and it was a great demonstration of just being silent and watching a part of our community express a voice and tell us what was most important to them that we might not have suggested. So, it was really an impressive kind of reverse look at making sure our city provides its citizens what it wants, so -- and it was very vigorously debated. So, it was fascinating to watch and it was -- both Ken and Todd and Finance did a lot of the back end question answering for MYAC, helping vet from 52 down to 17 and with the Mayor's involvement as well to ensure that those guidelines were complied with. But beyond that the youth expressed their voice, which was exactly what it was intended to do. So, the hope is that it's included in this next year's budget cycle and that MYAC will continue to refine and improve the process, continue to report back to Council and the Mayor those improvements and continue to provide that voice for youth going forward. Meridian City Council Workshop July 12, 2016 Page 8 of 34 De Weerd: Thank you. Any other questions, Council? You know, observing this process was -- was, yeah, it was hard sometimes to be the adult on the sideline not saying anything. I admit that. But it was really cool seeing how our team leaders took the bull by the horn and figured it out and I came up with their own process to do this and I think across the country we see a disengagement of our younger demographic in the political process and this is one way to really engage them to show the power of the voice, to show that their voice does matter and it is taken serious . So, this also shows I think the value of going to the National League of Cities or something outside the state even and discovering things that are going on around the country that we can pick and choose from and see what -- how that applies to our community and having Councilman Borton bring this back and having MYAC be the pilot case in seeing how we can better engage our community in budgeting type of activities to make sure our community feels engaged and owns the decisions that are being made up here is pretty powerful. So, this is exciting. I hope we see it continue. And I hope to see it expand into other areas of our budgeting process and I've kind of mention ed this to the director of fun over there is as, you know, the Parks Commission looks at filling in many of our neighborhood and -- and community parks with community identity is engaging the neighborhoods and the citizens that are around that park that associate with those parks being part of the decision-making process of what should they be, what should they look like. So, there is many opportunities that our youth showed us that we can do with this kind of approach to budgeting and that's exciting . So, Cheyenne, thank you. I look forward to having you lead the group as a whole and see who takes this on as a government affairs committee, if the Council decides to -- to move it forward and see how we do it. I stand committed to help you make sure that the project that was envisioned by the youth council is -- is built as they had envisioned it and -- and we are thrilled to get community partners that have stepped up and said what a cool approach, what a cool idea, and we want to make sure our youth also realize what they have envisioned. So, thank you for your presentation and I think Council will have a discussion next week, Mr. Borton? Borton: Certainly. De Weerd: -- on your proposal? Borton: Certainly. Quilter: Thank you, Madam Mayor. Thank you, Council Members. Item 6: Items Moved From the Consent Agenda De Weerd: Thank you. Okay. There were no items moved from the Consent Agenda. Item 7: Department Reports Meridian City Council Workshop July 12, 2016 Page 9 of 34 A. Continued from June 21, 2016: Community Development - Transportation Projects Update - Discuss Transportation Related Studies, Plans and Projects Including: Ustick Road, Franklin Road and Idaho Avenue De Weerd: So, we will move into Department Reports. We have a continued discussion from Community Development that never started, because we got so late in the evening. But it's all things transportation and I'll turn this over to Caleb. Hood: Thank you, Madam Mayor, Members of the Council. As the Mayor just pointed out, this has been pushed back about three weeks, but as you're also aware things in the transportation world, projects and studies and plans, don't move that quickly anyway, so most of the information in the memo I provided a few weeks ago is still relevant and up to date. I am going to highlight some things, though, that are in the memo and there are a couple of new items that I'd like to bring to light, since I was on the agenda here a few weeks ago. But, again, I'm going to be working off of the memo that's in your pocket and I don't plan on touching on all of those projects that are listed , but if you have any questions on those, please, feel free to interrupt and we can discuss. The first thing I want to just touch on is a couple of a good news issues. So, Franklin, Black Cat to Ten Mile, is on the 90 day bid list at ACHD. This has somewhat turned out to be a little bit of a problem project in that they have had some utility issues and relocation issues, they have had some condemnation issues that have gone into litigation and so the -- the project costs have gone up, but it's good for our community in that the roadway will be widened, including the intersection of Franklin and Black Cat and that's on the 90 day bid list. So, I just wanted to highlight that for you. And, then, real similarly the Ustick corridor, due to some of the reallocation of funds and no short -- thanks to House Bill 312 that was passed last year, ACHD was able to move some things around in their maintenance world that freed up some things to get the Ustick corridor constructed a little bit sooner than what they had originally anticipated. So, that is also on the 90 day bid list and that includes the widening of the Ustick- Meridian intersection and, then, the two miles going back east and west of that intersection. So, that's all in the 90 day bid list. So, both those projects should be in construction here later in the fall, through the winter. Both are about a year long time frame for construction. So, some good news there that -- I mean it's good and bad; right? It's going to be a construction zone for about a year, but it's widening of the infrastructure that's much needed there. Moving onto the page two of my memo. Eagle Road. I want to just highlight a couple of things there. Particularly that Center Cal is looking to move forward with the Records extension and they have gone on record saying that that will be -- that will happen this year. The northern section of that -- so, behind Lowe's going up to Bald Cypress in Boise, which is just on our boundary, ACHD is actually constructing that and a notice to proceed was last week, so the contractor is working on that. So, this would be connecting from River Valley where the apartments are at Regency, making that connection north besides the -- the back side of Norco and Rosauers, Les Schwab, up to Ustick. So, that makes that -- that critical -- that critical connection and that will be done this -- this year as well. So, I just wanted to highlight that. Meridian City Council Workshop July 12, 2016 Page 10 of 34 De Weerd: Awesome. Hood: In moving on to page three -- and I thought I would just spend a minute or two here just kind of walking you through this, but this has happened in the interim since June 21st. ITD on July 1st did publish their draft ITIP, which is their five-year Transportation Improvement Plan and are looking for public comment. So, I know the Mayor's office, Ken Corder in particular, is working to get the word out to some stakeholders about commenting on this. I want to highlight a few of the projects. The one, really, I think that Ken is focused on is -- kind of hard to see at this level, but ITD is looking at widening Chinden Boulevard, the first mile of the corridor. So, between Eagle and Locust Grove. And I can zoom in, but I have got this just in our area, so you can see all the projects -- in 2021. So, the way that breaks down. So, this would be two lanes -- adding two lanes, so it will be a four lane facility. Again, construction in 2021 at a cost of about 7.5 million dollars. That includes preliminary engineering design, right-of-way, construction. So, they would start design this next year in 2017. Acquire right of way in 2019. And, then, again, construct in 2021. I know we're looking to have them advance that calendar, that schedule a little bit more to get it constructed as soon as possible, but there are some -- some things that have to happen, you know, before we can just go into construction. You got to design the project and have the land to build it on. But just wanted to call that to your attention. And, then, also in 2020 they do have 500,000 dollars to redo the Linder Road railroad crossing. So, that one would be this project right here. So, again, that's a -- that's a reconstruction project of the existing -- and that -- that crossing, you know has been in pretty -- pretty dire straits and so that will be a -- that's a good thing. But it's more of a maintenance project. 2017 in the draft ITIP is 400,000 dollars to replace their maintenance yard facility that's located over at the Meridian Road interchange. So, that's something we have been working on for years is to try to get them to find another location for their maintenance facility and they are moving it to Canyon County. So, that's -- that's good news as well. So, in the ITIP that 400,000 dollars would be to purchase additional land in Canyon county for their maintenance facility. De Weerd: And, Caleb, that was moved up because there is an opportunity to purchase the land. It will be on the next COMPASS agenda. So, that gives authorization of ITD to move forward. Hood: And, then, there is also another project where my cursor is to realign Pollard. So, beginning to do some additional improvements on the State Highway 16/20-26. And if you click on it and get the details of what the project is, how much it costs, and what year, that type of thing. So, again, you're looking at about a 350,000 dollar construction cost to realign Pollard for local access in there. So, those are just a few of the projects. I would encourage you, if you're -- if you're so inclined, to go to ITD's website. It's not the most intuitive thing. Here is their home page. There is an icon hyperlink to the draft ITIP. You can read the whole thing. I was just on this interactive web-based tool, so if you click on that you can look at a map of the projects. But they also have projects sorted by district, so you could just look at District 3. If you want to Meridian City Council Workshop July 12, 2016 Page 11 of 34 see everything in District 3 you can go there. I will just point out if you use the map it's not the most user-friendly thing in the world. Imagine that. But it isn't. So, you have got to make sure you got like the slider bar, you're choosing all the years or if you're just curious about what's going on in the latter part you can do that . But just the baseline when you open it up only shows 2017 . So, you got to kind of manipulate a little bit and you can zoom in and out, but -- anyway. So, I'm going to move right along, unless there is any other questions on the draft ITIP itself. And again -- so, that public comment period is open now through th e end of the month. July 30. So, I would encourage you to at least support US 20-26. If not, ask for additional miles and intersections to be included and to accelerate the schedule. That's kind of the message we are looking for there. I had Idaho Avenue Placemaking highlighted in the -- in the memo, but we will talk about that here at 5:30 when the MDC board can join you all and I will highlight that a little bit more in some more detail. Transit. I just wanted to give you a heads-up that the work group that was formed here four, five, six months ago, does have a recommendation and is looking to present. So, there will be a final meeting of that group this Friday. And, then, on Monday they are going to present their recommendations to the Meridian Transportation Commission and, then, eight days after that they will be before you presenting that same information with, hopefully, a recommendation from the Transportation Commission on what to do with what was the monies for the Saturday fun bus , that's been what they are calling a life style center -- or life style service these days. So, a little bit more information on that. But just a little teaser for you that on the 26th VRT will be here to present their proposal for some of the dollars in FY-16 that remain unspent, to spend some of that before the end of the year and, then, into '17 and possibly '18, what they would do with a -- again, a life style type of service, which is, basically, seniors and those with disabilities geared towards providing rights to those folks. I will just highlight -- although I won't go into details unless you all want to -- the ACHD 2016 CIP update task force has done its job. Every four years ACHD updates its 20 year capital improvement plan and they establish this work group that helps to guide -- guide that work. It's made up of Commissioners, members of the CICAC, commercial and real estate developers, city staff and, again, we have been meeting monthly since January of 2015 and just recently completed all our work. The public comment period for that -- for the CIP is anticipated July 15 through August 17th. Just real quick the CIP is -- part of the goal there -- it's looking at the 20 year roadway improvement plan, but it also sets your impact fees. So -- and, basically, there is no change. There was a slight decrease in the residential impact fees. Commercial basically stayed the same. There are a couple of different categories that went down slightly, but none of the impact fee categories increased in the draft anyway. So, again, that public comment period is going to be open up here later this week through the middle of August and there is more information again in the memo if you want to look at that or have any questions about it, feel free to contact me on that one. And, then, I did want to spend a couple of minutes as well just going through Eagle Road -- and this -- this is all in your -- your -- in the packet, in the memo. I'm going to zoom to a map on the Eagle Road project development that we have been working on with COMPASS. So, city staff applied about a year ago to ask COMPASS for -- and, I'm sorry, the orientation of this map -- I will kind of use it here in just a second -- asked COMPASS for some -- some help on Meridian City Council Workshop July 12, 2016 Page 12 of 34 Eagle Road in particular in that we saw some promise in the corridor being a potential - - potential corridor for bikes and pedestrians and yet that lacked those improvements . It was kind of hit and miss with some pathways and sidewalks and other areas that didn't have any. So, we said can you help of kind of scope this and figure out how we can -- you know, kind of chunk this away and eventually have a corridor that has continuous pedestrian facilities. So, what you see on the far right -- so, north is up on this. So, Chinden Boulevard is the northernmost boundary and the City of Boise also was a part of this. Not originally, but to make the terminus work we invited Boise to the table and they participated in this. But the northern terminus of Chinden Boulevard and the southern terminus of Overland Road. So, there -- we broke that up into segments. Roughly a half mile each, although if there were -- there was a roadway that did that we also made that a segment . So, some of them aren't exactly half mile. But I think they were 19 or 20. There was just 18 different segments. And, basically, looked at each segment and evaluated. So, if you look in your -- in your packet there were a bunch of criteria and elements that were looked at by Keller & Associates , you know, feasibility of construction, cost of construction, how much of the corridor already has facilities, whether it be a five foot sidewalk, a ten foot detached pathway, what's the condition of the existing facilities and there is this big matrix that kind of goes through all that and scores and ranks the different criteria. Well, come to the punch line, there were four different segments that this first phase recommended COMPASS move forward with in preparing phase two and those -- all four of those segments were in Meridian. They were segments five, eight, ten and 12 and let me see if we can see that. Five is the segment -- I think that was actually scored as the fourth highest. But this is RC Willey. So, Franklin to Pine was in the top four. Segment 8 is the Blue Cross segment. So, in front of Blue Cross up to Krispy Kreme, Fairview and Eagle, that one I believe was the number one highest priority scoring ranking on the criteria . Segment ten is the segment just north of that. So, this is the vacant field in front of Kleiner, but it provides the connectivity between some of the other -- you know, make the connections work. This would be a big gap. And, then, finally segment 12, is by River Valley. So, the River Valley Drive up to Ustick. So, those four segments scored the highest when going through all those criteria and I'm not going to go through all of my list with you. And so what they will do is they will take the -- the next step is to take those four segments and develop pre-concept designs and I was just going to read to you some of that work, so consultant will prepare a schematic -- sketches and other documentation needed for construction cost estimating and programming purposes . So, planning level opinions of probable construction cost for each segment. Cost estimates will have the detail for programming purposes, including individual bid items, quantities, unit cost for inclusion -- for inclusion in each segment and ITD Form 1150. So, essentially, what this does is they are getting to go out to bid and look for g rants. So, this is great in that. They are going to put that all in a report, basically have it ready for application looking for funding sources. So, this is -- this is good news. It doesn't -- you know, there is 18 different segments. It's just a quarter of those, basically, in this first chunk, but that's based on how much money COMPASS has budgeted to do this type of work. We fully expect to go after the next two, three, four, five segments after these four are prepared for -- for grants. We will keep our eyes peeled for other funding sources. May come back to you with some local match in the Meridian City Council Workshop July 12, 2016 Page 13 of 34 future, I imagine, if we find that great an opportunity that seems like it's a good fit. So, I should have started with this. I'm sorry, but I'm going to insert it now. The idea here - - and this is part of our -- our master pathway plan -- is that this is a ten foot wide detached attached that is part of the city's, again, master pathways plans. So, that's what we are trying to do here is a continuous ten foot wide detached pathway for bikes, rollerblades, walkers, everyone can use there, since there aren't going to be any bike lanes on the state highway. So, just want to provide you that update on that project. That's kind of exciting that that's moving forward as well. So, I believe with that, Madam Mayor, that is -- those are the projects I wanted to highlight for you and if there is any questions on any of the projects listed or not listed in -- in my memo, I would stand for those questions now. De Weerd: Thank you, Caleb. Council, any questions? Bird: I have none. De Weerd: Thank you. Hood: Thank. B. Fire Department: Budget Amendment for Fire Public Education in the Notto-Exceed Amount of $21,837.00 De Weerd: Item 7-B is under Fire Department. I will turn this over to our Deputy Chief Jones. Jones: Madam Mayor, Members of the Council, good afternoon. I hope everybody is well. The Fire Department Prevention and Public Education Division is requesting an amendment to the FY-16 budget in the amount of 21,837 dollars. These funds will be used for the purchase of car seats, fire prevention educational materials, and training for car seat installation technicians. The cost of this budget -- excuse me -- the cost of this amendment will be partially offset by donations that we have already received from Light My Fire, Incorporated; Family Advocacy Program, and Meridian residents. The remainder of this amendment will be funded by a grant the department has received from the ITD Office of Highway Safety in the amount of 13,000 dollars and the way that works is once we purchase the equipment, we submit receipts to ITD and, then, they will refund or reimburse us for that. So, with that it's pretty simple, we have done this before, and I will be glad to answer any questions you have. De Weerd: Okay. And note that it is 21,837 -- Jones: Yes, ma'am. De Weerd: Not the 27,837. Any questions from Council? Bird: I have none. Meridian City Council Workshop July 12, 2016 Page 14 of 34 Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I would move that we approve the budget amendment request ed on Item 7-B for fire public education in an amount not to exceed 21,837 dollars. Cavener: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Robert, yea. De Weerd: All ayes. Motion carried. Thank you. MOTION CARRIED: FIVE AYES. ONE ABSENT. Jones: Thank you. De Weerd: And thank you, Pam. You do such a good job with this program. C. Public Works: Budget Amendment for Public Works Salary Adjustments in the Not-To-Exceed Amount of $29,924.00 De Weerd: Item 7-C is under our Public Works Department and our HR. Barry: Good afternoon, Madam Mayor, Members of the Council. Crystal and I are here representing this issue. I wanted to bring forward some background information before we presented the amendment to you. In late 2015 the Public Works Department had noticed that -- or had become concerned that some of our technical and professional positions didn't appear to be competitive in the market. This was realized from a number of different observations. First vacant-to-fill times. Jobs that we have made -- or position offers that we had given to folks that have been turned down. And, then, looking at generally spot checking some of the different market data that we had evaluated on -- in and around the local market. We tested that market, as I mentioned, and brought forward these concerns to the Mayor and the Council -- our Council liaison, who encouraged us to talk with the HR Department to have a closer look at this. So, I communicated these observations to our Human Resources professionals and they helped us develop a market analysis. We worked together to develop an approach, identify the market analysis tool that was going to be utilized and a total of 16 positions were identified for market review under this work . Job descriptions were updated in our department. They were revised and sent to the Meridian City Council Workshop July 12, 2016 Page 15 of 34 Human Resources staff, who reviewed those job descriptions and, then, also sent them off to BVPA, which is a private human resources consulting firm that evaluated them against the market equity and classification -- mostly classification and equity. We worked with a market tool called Pay Scale, which is actually quite a phenomenal tool. The Human Resources Department had actually already begun vetting out and selected Pay Scale as a tool of choice for reviewing market position -- or the market of positions throughout the city and we happened to be the first department I think to utilize Pay Scale and I have to tell you that I was quite impressed with the data -- excuse me -- data, the integrity and the results of the -- of the product. Just so you know, Pay Scale -- and I'm sure Crystal and HR can expand on its validity, but Pay Scale has job matches for over 54 million different profiles throughout the United States. Pay Scale recommends a 75 percent job match in order to make valid the results. I'm very pleased to say that our job match results were 95 percent for the city, which shows a very strong correlation in regards to the results that were produced. So, we are utilizing the updated job descriptions. The BVPA reclassification and equity reviews and the pay scale market analysis reports , Human Resources staff applied the city Salary Administration Guidelines and identified eight positions of the 16 that were requested for review that require salary adjustments due to job reclassifications, the market analysis data, or internal equity alignments. The impact of the budget amendment that's been presented to you is not -- is 29,924 dollars for the remainder of this fiscal year. That gets us through the next three pay periods in fiscal year '16. But I wanted to point out that the ongoing costs are 119,694 dollars. Both those numbers include insurance, benefits, as well as taxes. So, they are what we call fully loaded. So, the joint recommendation for Human Resources and Public Works is to, essentially, request approval of the budget amendment for 29,924 dollars and the ongoing expensive 119,694 thereafter to bring these positions in alignment with the market, as well as our compensation guidelines and policies. If the Council does approve this budget amendment, the Public Works Department will remove the 225,000 dollar enhancement placeholder for market analysis, which is included in the budget for fiscal year '17. You might recall when we spoke with you last month about that, that that was merely a placeholder. We had no idea what the data was going to show. Fortunately it's much less and more positions are actually in alignment than we had initially thought. So, that's the good news. The better news is, again, it's going to cost us less than we had anticipated . Also your favorable consideration of this amendment will allow us -- or the Human Resources Department to make a slight modification in its reclassification requests and financial impacts associated with them for the Public Works Department, since two of the positions that were recommended for reclassification that they have identified are already included in this budget amendment. So, no additional monies would need to be moved in -- or utilized for that purpose. So, you will see two slight budget adjustments and we will present that to you next -- well, actually, a couple weeks. Maybe one. Ritchie: One. Barry: Great. So, with that we would stand for any questions and ask for your favorable consideration of the amendment as proposed. Meridian City Council Workshop July 12, 2016 Page 16 of 34 De Weerd: So, Crystal, I think you like these kind of presentations where you don't have to say anything; right? Ritchie: I love them. But I'm here to answer any questions that you may have. De Weerd: Council, any questions for either Tom or Crystal? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just real quick to either who can describe -- when you make reference to a 95 percent match, what matrix from a particular job is matching to what Pay Scale has? Ritchie: It's actually based on the actual job description and job summary with the essential job duties and tasks. That's what we look for and match in when you come up with a 95 -- or a 75 percent higher -- in this case 95 percent job match. Borton: In the -- Madam Mayor, in the description of what their primary duties are, it matches that closely? Barry: Yeah. I think it's that, as well as education, experience, licenses, credentials -- all of that. So, that was what's so impressive about this particular tool. It -- I mean we were pretty well blown away and I'm -- we were fortunate, I mean we happen to be the first department, so we were a little bit nervous about using the tool, but after reviewing its methodology and all of the -- you know, integrity and method -- or process used behind the scenes, we became very comfortable very quickly and, quite frankly, just to let you know, we -- we validated against three -- or two other data sources. So, we used the Northwest Data Exchange numbers, as well as the American Water W orks Association salary surveys that were just released for the Pacific Northwes t and Rocky Mountain sections and I mean it's -- it's almost a perfect match. So, it was actually -- it was actually really well supported and we found it to be -- I mean quite accurate. De Weerd: And have -- did I remember this in terms of other cities have been looking at these same categories as well? Barry: Yes, Madam Mayor. This has been a struggle regionally for us and I think Human Resources said -- I mean we kind of have been talking with colleagues who found that to be the case, so that was corroborated by Crystal and her staff work in talking directly with HR personnel at the other cities locally and -- and they have been making -- as a matter of fact, they have been making adjustments a bit ahead of us and that put even more pressure on us to have a much closer look at what was going on and -- and I'm pleased that we were able to -- to find what we did and to get in alignment those positions that were out of alignment in this job -- in this project. Meridian City Council Workshop July 12, 2016 Page 17 of 34 De Weerd: Any other questions from Council? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Tom and maybe even Crystal, I recognize that this is only one piece of an overall puzzle. So, how confident are we that by making sure that our salaries are more in alignment where they need to be, that that's going to close that gap, Tom, that I know that your department experiences on a -- on a fairly regular basis -- a challenge. Barry: Well, I will speak as a director of the department and, then, if there is a Human Resources angle I'm sure Crystal will follow up. I would say I'm very confident with the positions that have been evaluated is that they are to market now with this -- with this project. The reality is, however, we have a lot more jobs in Public Works than the 16 that have been evaluated. So, our challenge is to try to identify are there any other positions that may have a similar -- we might have similar concerns with. These are the ones where the biggest pressure in the department are currently. There is some pressure in other areas of the organization, particularly down in operations, that I have concerns about. It wasn't part of this project. We -- we bit off what we could -- we could reasonably chew in this. I think to the larger question, you know, kind of going forward, we have to be diligent as a department and even as a city with regard to our pay administration policies, because what happens is when we -- when we -- when we are not, we might fall behind the market in certain positions or in certain job families and when that happens that -- or happens that exacerbates the difference between those -- those later numbers that you find in the numbers that you're paying now. Different markets pay different and fluctuate differently. If you look at, for example, Public Works engineering and you liken that to IT, those two industries tend to -- tend to rebound from market situations much more quickly and in some cases actually regress much more quickly as well. Whereas in other positions you might have police officers and parks and -- and I'm not going -- I'm kind of speaking out of element here - - but may not fluctuate quite so much and the reason that is is because there is a large private sector influence on the IT and the engineering worlds than there is say in parks and police. So, without misstepping, you know, on that, maybe I will turn it over to Crystal. Ritchie: Actually, Tom did a real nice job explaining that as well, so thank you very much for that. Obviously, from an HR perspective, to answer your question, Luke, about moving forward and looking at citywide, we would want to make sure that we have a planned approach to look at that and that we are using a consistent method approach and application that is in alignment with our salary administration guidelines and I know that we have efforts for that next year. Cavener: Thank you. De Weerd: Okay. Any further discussion? Meridian City Council Workshop July 12, 2016 Page 18 of 34 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the budget amendment for Public Works salary adjustments not to exceed 29,924 dollars. Cavener: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Robert, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Thank you. Barry: Thank you, Madam Mayor and Members of the Council. I know my staff are very grateful and our very appreciative as well. So, thank you. D. Public Works: Recommendation for Water Service Connection for Mary McPherson Elementary De Weerd: Thank you. Item 7-D is also under Public Works and I imagine that Warren is taking this one. Stewart: Yes. Excuse me. Madam Mayor, Members of the Council. I will be addressing this one. So, you may remember that we had some discussion here in the past year or so about the water and sewer main extensions in south Meridian and we have a project that is a capital project for this year that's going to extend a water main down Amity Road from Locust Grove out to Meridian and, then, from Meridian down to, essentially, the Meridian Heights and Kentucky Ridge development down there. We are going to go right by Mary McPherson Elementary School and they would very much like to have city services -- at least water at this point, because that's all that will be going by there. So, we are actually before you tonight seeking your permission to go ahead and develop, essentially, an agreement with Mary McPherson to extend water service to them outside of city limits. They are not currently contiguous with the city limits, they are not far from it, but they are not contiguous, but they would like service. We do think it's the right thing to do and so we're here to get your concurrence to move forward with the agreement and make that happen. Meridian City Council Workshop July 12, 2016 Page 19 of 34 De Weerd: Thank you, Warren. Any questions, discussion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing no question or discussion, I move that we allow the Public Works Department to reach an agreement with Mary McPherson Elementary or West Ada School District for service of water to their building. Cavener: Second. De Weerd: I have a motion and a second to approve the request from Public Works on Item 7-D. Any discussion by Council? Madam Clerk. Roll Call: Bird, yea; Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Robert, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. E. Purchasing and Parks Departments Joint Report: Discussion and Approval of a Construction Management at Risk Agreement in the Amount of 5¼% of the Project Construction Costs and Preconstruction Services fee of a Not-To-Exceed Amount of $17,350.00 for the Hillsdale Park Project De Weerd: Thank you, Warren. Item 7-E is under our Purchasing and Parks Department and I see I'm turning this over to Keith Watts. Watts: Thank you, Madam Mayor and Council Members. We are here tonight to ask for approval of a AIA construction management at risk agreement for the Hillsdale Park project, which we brought before you in the past and had discussions on . I just wanted to do a report on this, because this is the city's first construction management at risk agreement. In the past we have done just the standard construction manager as an advisor and the benefits of the CMR agreement is that once we bid our trades and subs, the construction manager locks in his price and guarantees us a maximum -- a guaranteed maximum price and the ownership or the risk then transfers from the city to the construction manager as he manages the project. There is four documents that are included in the CMR agreement. It's the A-133 base agreement. That sets the percentage for the CM fee and we have agreed to five and a quarter percent on this project. That will be five and a quarter percent of the general conditions and, then, the bids that are received once we open it. The A-142, Exhibit B agreement, which is - - which sets the construction -- or preconstruction services at a fixed fee of 17,350 dollars, that will take us all the way from assistance during design and all the way Meridian City Council Workshop July 12, 2016 Page 20 of 34 through the bid opening. They actually prepare the bids and open the bids and the only city involvement at that point it's just we -- we attended the bid opening and witness the bid opening. With that, then, they do a -- we will set the -- the fee at that point, the guaranteed maximum price, which is the Exhibit A to the A-133 document and A-201 is also another AIA document, which has the general conditions and the D's and C's. With that I will stand for any questions. De Weerd: Thank you, Keith. Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Excuse me. Not a question, just a statement. I think this is about time that we get in line with the construction management at risk deal. This is -- I mean I have -- I have been surprised that it's the public that has been doing it the other way. The private has been at this forever and now I see the public is starting and I think it's a very good -- very good movement on our part. Thank you, Keith. Watts: Thank you, Mr. Bird. De Weerd: Okay. Any other questions? Little Roberts: Madam Mayor? De Weerd: Mr. Little Roberts. Little Roberts: I move we approve the construction management at risk agreement, excuse me, for Hillsdale Park project not to exceed 17,350 dollars as stated in 7-E. Bird: Second. De Weerd: I have a motion and a second to approve this request on Item 7 -E. Any discussion from Council? Watts: Madam Mayor, if I may. The five and a quarter percent is also stated in the A - 133 document, so it sets that 133. We will -- I assume we are going to bring the -- the fee -- the fixed fee back when we -- after we have opened bids. Okay. De Weerd: Thank you, Keith. If there is no discussion, Madam Clerk. Roll Call: Bird, yea; Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Robert, yea. De Weerd: All ayes. Motion carries. Thank you. Meridian City Council Workshop July 12, 2016 Page 21 of 34 MOTION CARRIED: FIVE AYES. ONE ABSENT. F. Clerk's Office: Presentation on the Updated City of Meridian Records Retention Schedule De Weerd: Item 7-F is under our Clerks Department. So, I'm going to turn this over to Jacy Jones. Jones: Thank you, Madam Mayor, Members of Council. I'm here today to talk to you about our updated records retention schedule that you have on for approval today for Resolution 16-1149. So, history of record retention for Meridian. The Idaho state legislature mandated that cities adopt a record retention schedule in 2007. At this point AIC provided a generic schedule to all of the cities, which we, in turn, adopted to be compliant with that requirement. We updated and customized the schedule in 2012, '14 and '15. The benefits of this is, obviously, it improves our internal efficiencies, compliance, and, then, transparency for our Public Records Request Act. There were some changes with the legislature this year. Most notably for records requests -- or, excuse me, for records retention. It's House Bill 443. Some main changes for House Bill 443 is that it provides a definition for what historic records are. It's a phrase that was used a lot with previous legislations that the definition was really broad and left a lot of kind of gray area for each -- each city to interpret differently. So, House Bill 443 narrows that scope for us. The other main change is that it allows cities to maintain and retain permanent records electronically, instead of hard copy. So, all of the records that we have in the clerk's office is a really good example of that. Minute books, land use, those files that we do retain permanently, once we verify that they are scanned in and we have them electronically, we have the ability to destroy the paper copy, which is pretty huge, I think, for transparency and for ease of access with those records. Another -- another change is that it no longer requires that cities provide a list of records to destroy for semi-permanent records. You guys all have seen those -- we approved those resolutions at City Council and anytime that you're approving a resolution to destroy records, we, then, in turn, are going to the State Historical Society, we are providing the list to them and offering them the opportunity to maintain the records themselves, which they don't want to. They want to keep historic records, but they don't want the small things that we are hoping to destroy. They don't our five years worth of e-mails, that type of thing. So, it allows us to cut the Historical Society out of that process and allows them the ability to streamline their internal operations as well. And, then, obviously, they did some language cleanup just to match current laws, so that the terms that are used in all sections of the law regarding record retention is consistent and the bill takes -- takes effect July 1st, which is why we have this update on today. So, as far as specific to what we have got going on here with the city, I like to call it the ripple effect. When we make organizational changes at City Council those happen instantly here. It's one motion and -- well, theoretically it shouldn't be a huge issue operationally, it really is. It's -- specifically this year we had Information Services, the division of that, and, then, the creation of Support Services a few years ago. We had Public Works, so we split off the building department as part of Public Works and created Community Development. Each time that that happens there is operational processes that take place on the department level, specifically with Meridian City Council Workshop July 12, 2016 Page 22 of 34 where records live and who maintains those records and these are updates that are fairly large organizational changes that are not reflected under our current record retention policy. The other hold out we saw with our current record retention policy is when it came to committees and commissions and boards. There is a lot of -- you know, we have our main commissions, Historic Preservation, Art, Parks, those type of things, but, then, there is other committees like the Impact Fee Advisory Committee and other ad hoc boards where internal staff are maintaining records -- some internal staff are maintaining a lot of records in their support of these commissions or committees and there was real no clear definition in our current policy as to what to do with those records or even how to instruct commissioners or members on committees how to maintain their records and we noticed some inconsistencies across all the departments in their retention schedule was being applied, how it was drafted, language that was used, those types of changes. We also added administrative sections. The reality is that everything a city employee creates is a record . The Post-it note that you create, the scratch piece of paper that you had. You take a note pad to a meeting and you jot notes down -- if you keep it in the building it's a record and what we did by adding the administrative section is we have called out those records, those very simple, everyday part of business type records and we have provided a retention period that is actually operationally appropriate. So, it allows staff to bring that Post-It note back to their desk, cross it off, and, then, throw it away without having to go to Council and get the approval or needing anymore of a formal process for that. So, like any policy changes, management is the key to our success. Anytime that we are talking about creating a policy change at this level, getting upper management into that conversation is crucial and you have to do that early on . The other thing is that this type of project can be very time-consuming and difficult to quantify. It's one of those things that when you have an admin in the basement for a couple of hours sorting through boxes of records, until that project is done there is really no measurables. So, at a time where we are really focusing on trending and being able to -- to quantify products, you know, how many records requests we are processing or how many development applications we are processes or permits are being issued, that type of thing, this is one of those projects that until it's done and it's very difficult to even see the effort there. So, we decided to have the conversation at the director level and make sure that directors all the way -- you know, management from the very top to the bottom knew what was happening, so that the admins were able to get the support that they needed to perform this task and part of the benefit of that is like we talked about is compliance, it's transparency. Specifically we have talked about effective public record request responses. So, when we receive a record request in our office or police does or fire does, we have three business days to respond to that citizen. Well, if you're digging through a sea full of paper files in the basement , three days goes by really, really fast and not knowing who owns the record or what we are supposed to do with the record makes the whole process really clunky and just not effective. So, then, that's the big sell is that our goal is always that customer service. And, then, it's important that our management also be trained on record retention. It's not helpful for us to have a policy if -- if staff at all levels aren't trained on it the same way. So, that was one of the things as we are having those conversations with our management is that they also understand what your role as Council, what their role as managers are Meridian City Council Workshop July 12, 2016 Page 23 of 34 as far as retaining records and, then, helping get staff all on board with that. So, what we went ahead and did with this large change is we pulled together what I like to call our record management expert team . We worked with the department heads to select a record expert from each department. The reality is is that I don't speak Public Works. I don't speak Police. I don't speak Fire. I talk clerky really well and I like to leverage the expertise of the team that we have. So, by pulling an expert from each department we were able to leverage all of our compiled knowledge. We started meeting monthly and what that not only did -- that built camaraderie and an ownership to this process, but it helped with consistent distribution of information. When you have a meeting where you come in and you have a very set agenda with a specific goal in mind and each member of that committee is charged with implementing the policy in their department, you can help to ensure that information makes its way all the way through an organization. One thing that we have learned with e-mails especially, is they seem to die on people's desks and not always getting implemented . So, having a member of each department on this team was really helpful in getting the information around and, then, also having that buy in and when you have a staff member who is attending a monthly meeting and having those dialogues , they feel like they own a piece of the pie and they feel responsible for the policy and how it's applied and their departments and, then, they also become the advocates for the policy on the ground. The reality is is that record management is kind of exhausting. It's a lot of work. It's time-consuming and it's on top of all of the other tasks that our staff are doing all of the time, but it's -- I like to think that record management is something that should happen easily. Just like breathing. We shouldn't be thinking about it, it should just be inherent to our culture, and so having these record experts in that committee and, then, hopefully, back on their teams they are advocating for that and -- and advocating that record management just be part of how we do business and I'm also leveraging the talents of people more skilled than I am. So, like we talked about, why does record retention matter? It's something that -- the fact that we've had a policy in place for over ten years and that question still comes up , it's -- it's a very abstract concept and because record retention is so large to wrap your brain around it, a lot of people -- our current staff have a really hard time understanding the why there. So, we remind them. It's the law. We don't have a choice. It's compliance where we are required to respond to records request within three days and we can ask for additional time, but we try to meet that three-day benchmark as customer service, so -- and with public record requests we all have an ownership of -- of knowing where the records are for our department and for our position. So, it's the law. That's a big one. It also helps for clarity and understanding throughout the organization . The reality is is that -- like I said, even though we have had this for ten years, when I've gone to different departments I still get kind of that confused glazed-over look in everybody's eyes. I don't know if it's because record retention is not exciting or whether people don't understand, but having a record expert team who can go back and speak the language of their teammates and help distribute information has been very successful and what we have also done is created what we like to call a ghost fifth column. So, in the version that you are seeing in your packets you will notice that it's four columns. We have developed what we like to call the ghost fifth column. Basically because we wanted to create a schedule that was based around our operations and not change our Meridian City Council Workshop July 12, 2016 Page 24 of 34 operations based around our schedule. It's not -- so, anytime that you have -- I think it's 93 pages long -- a schedule that is that detailed, if you have to change how you do business to make it effective if it's -- it's not working. So, we tried to do it the other way and created what we have, but like to call this ghost fifth column. So, what you don't see is this really nice fifth column that we like to call operations and column specifically helps departments apply the schedule in their own department. So, if there is a form or a template -- for example, in this case this is right out of Community Development -- it explains where that record is kept and by doing this this also helps consistency if staff changes. So, as our admins maybe move onto other projects or we have management changes, this operations column lets the next city staff step in and continue the project and know kind of what the goal is. So, we have advocated that each department create this. The other benefit of this is because it's an operations only column, we can update that as we need to and as business changes , without having to come back to Council and get your approval every time. You don't need to know when we've moved a file from one department to another and we don't need to waste your time with that, but the reality is is that we have to know, those of us that manage the records. So, we have this ghost fifth column, which is also new and specific to this update and it's been very helpful . So, like I said, the big change with House Bill 443 was that we can start working towards moving documents -- nonhistoric paper records to digital medium. This means that our basements and filing cabinets that are full of records can be changed to something as small as a thumb drive , which will increase our efficiency and public transparency. I would recommend that the record management team work towards drafting an internal SOP or desk manual on how to name electronic records and how to apply the schedule . I think that we need a handbook that can be applied at all levels to help standardize information and I would recommend that the team continue to work on this over the next year. So, now we are talking electronic records. I always tell the team -- and I did a training at ICU recently and said the same thing. You have to consider your audience. Anytime that you're dealing in an electronic world -- whereas I might call a pound sign a hash tag, somebody in another department might call it -- might call it a pound sign. So, when I use phrases like TIFs or JPEGs or a GIF or OCR, a tag, meta data, those are all phrases that are language that can be challenging t o all audiences so anytime that you're going electronic records you have to really slow down and make sure that you're talking for all of your audience and because we have different g enerations at work and so you have to be sensitive to that audience and it's important to apply consistent naming. The reason that I'm bringing this up is -- is part of that training, more than anything else, because while you all don't necessarily name our files very often, you do meet with directors and the dialogue needs to happen. Whenever we are talking about implementing a citywide policy we have to be consistent and things like consistent naming when you're naming your records, as far as how you go back and access them later, really does matter and so on the training side that's important for a larger conversation and making sure that that dialogue continues and the reality is we just have to start somewhere. It's something that I'm going to have Barb in our office start working on, looking and checking page by page of our hard copies to make sure they are scanned in and, then, hopefully, working towards the goal of getting rid of the paper copy and having it stored electronically. And, then, the goal would be, Meridian City Council Workshop July 12, 2016 Page 25 of 34 obviously, at some point we destroy the paper records. The other thing that there has been talk about whenever you're changing a schedule like this is the thought that if we don't get the schedule right this time we will just change it next year. I don't want to do that. Part of what we have run into about updating the schedule annually is that you got somewhat lax in your updates because you think, hey, we will just fix it next year and I also don't think it would hold up very well in the instance that we were calle d to court over a public record request if we are amending our public or -- excuse me -- our record retention schedule every year as we see fit , it doesn't make it really a concrete document and it's really hard to say that we are abiding by our schedule when we're responding to those public record requests. So, our goal with this update is that it be the update. I would say we want to look at it -- look at it annually and prepare for an update probably every five years, as opposed to these annual updates. So, I don't think I ever have gotten in front of you without giving a shout out to the team, because we work with some really amazing people. So, today is no different. Now I'm going to go onto the Kudos section of this, because that's always my favorite part of the se. So, on our record management team we have some just really phenomenal employees that are awesome all the time. So, we were led by Andrea Pogue in our legal department. She is a record guru. She knows everything about this record retention law. She has received a lot of help from Emily Kane, who actually wrote House Bill 443, which was a wonderful representation of the City of Meridian's skills at the state level. But Andrea spent countless hours coaching me , members of my team, members of our record retention team as a whole, so I definitely did want to one pause and just give a shout out. She's amazing. Other members of our team -- maybe. But Machelle Hill and I worked on that. She's going to continue with Jaycee Holman in my absence. Beth Ericsson and Kelly Hurd from PD. They had a wonderful success during this process in that one of their light duty officers received the okay to work on records in his light duty, so they actually were able to destroy 20 years worth of records, which was a wonderful cleanup for them. So, they worked really hard on this project as well getting everything updated . Bruce Freckleton and Kim Tatarini -- I'm going to put a pin in that one for a second, because I have to rave about them. Laura Lee and Crystal in HR. Danyel Jansen Van Beek. She was with the Mayor's Office and I'm sad that we lost her, because she was very energetic about learning record retention and I think was a wonderful asset . Emily Stroud in our fire department. Rachel Myers in Parks and Rec. Hillary Bodnar in Finance. So, this member -- had one more. Maybe. There we go. And, then, Melanie Hoyt in Public Works. So, this is our record management team. This is the -- these are the employees that met with me every month as we started working through this process. This is the group that I would advocate continues to have the conversation and these were advocates on the ground really fighting this battle and took this project on in and above their current workload. It was -- it's time consuming, it's a lot of work, and they generously gifted their time to me and where my resources. So, I very much appreciate them. So, our big -- our big update that we did with this -- with this group was the Community Development Department and, like I mentioned on one of my very first slides, is that ripple effect. So, even though Community Development isn't new, when they -- when the building department separated from Public Works and created Community Development, when they joined with planning, there is still a lot of records that have yet to move or be Meridian City Council Workshop July 12, 2016 Page 26 of 34 updated or be reviewed following that , then that splits and, then, the formation of that new department. So, we actually -- I attended 26 meetings with Community Development specifically to talk about this project from April to the end of June, led by Kim Tatarini. If you haven't met Kim, she works in the Community Development Department, pop over and meet Kim. She's wonderful and she's new to the city. Is she here? Oh, Kim is here. Kim, you should -- yeah. Kim is amazing. She's new to the city and she has an energy that that department desperately needed . Kim has no trouble telling you exactly the way that it needs to happen , which is perfect. Anytime that you are dealing with employees who speak more than one language over a different -- I mean a varied employment culture, Kim did a really wonderful job and she was able to bring her team into compliance and got the buy-in from even some of our most skeptical employees, which I appreciate. And, then, I know that beyond the 26 that I attended they had dozens more -- many meetings with other members of their team and she was absolutely committed to this project. So, their group was led by Kim Tatarini. Steve O'Brien attended those meetings. Bruce Freckleton, he absolutely backed Kim up on whatever it is that she needed. Brent Bjornson was a wonderful advocate. Bill Parsons was our planning representative. Mindy Smith, she knows everything about everything by the way. If you need help in Community Development she's amazing. And, then, Bruce Chatterton, I have to give a shout out to Bruce Chatterton, because of his leadership in that department . Like I have said with this, policy change starts at the top and having Bruce go to every single staff meeting to advocate for the record retention policy, advocate for his staffing, allow the time that they needed to make these changes and I think it really speaks volumes about his management style and, then, the fact that he was able to attend those larger meetings with -- with my team as well, let us know that we have support coming from the directors. So, it was very appreciative. And, then, the other all star that I would like to call out in this project is Melanie Hoyt and these photos are actually a couple of years old, but they are photos that I have used when we talk to our record management team about the goal of where we should all be going. So, a few years ago the left-hand photo is what the Public Works basement looked like. Mel and a contract employee spent about two and a half years and cataloged every single record that they have . Was able to get them organized. She developed a consistent naming program and is working towards electronic records and it's one of those things that when we have a public records request that goes to Public Works, Melanie responds within the hour and it's because her records are organized and she knows what's in it . So, this is always kind of like if -- in a perfect world if all of our basements could look like, that would be a really wonderful goal for us. So -- maybe. There we go. The bottom line is that this was a huge project. We started working on it in January. It's not done. I would hope that the record management team would continue to work on it. But the policy that you have in front of you is comprehensive, it's -- it's a compilation of months worth of work and multiple staff members committing hours to get that as detailed as it possibly can and it should -- it should function the way that we want the record retention schedule to. It will be a guide for how to move forward and how to move into more of an electronic era. So, hopefully, it's the last schedule that you see for a while. And I'm available for questions. Meridian City Council Workshop July 12, 2016 Page 27 of 34 De Weerd: Thank you, Jacy. Council, any questions? Or is your head spinning? Jones: Did you notice I picked a spinning slide for the end? De Weerd: Because after she gave this and we had a discussion at the directors ' meeting, eyes were glazed over, heads are spinning and I think we all had a little bit of seasickness or something. Any questions? Very comprehensive. Chatterton: Madam Mayor? De Weerd: Mr. Chatterton. Chatterton: Really want to recognize Jacy's leadership and, frankly, grit on this project. A lot of hard work, but she works at all levels. If you can imagine cueing up records retention in front of say a room full of planners or folks in the building group, virtually think it's maybe some of the ones that run from the room, but she kept at it, made it relevant to what they did. She stuck with it. She showed a lot of leadership and we really appreciate it. Jones: Thank you. Chatterton: We are in a better place now. Jones: Thank you. De Weerd: Yeah. This was not for the weak at heart. Jones: Definitely a team effort, but what I think that, really, we have gained from that is we do have a record expert in every department and I think that that is a valued position and knowing that we have the directors' support to continue to train and hone those skills, it's really important. There is a lot of classes you can take on record management and electronic document management and I would advocate that we keep up on that, because it's a beast. But we have -- we have employees that are trained and energetic and really committed to see it be successful . So, we should use the resources and -- good people, so -- Nary: Madam Mayor? De Weerd: Thank you, Jacy. Yes, Mr. Nary. Nary: And I was just going to emphasize I guess the legal piece that Jacy talked about is that records -- records litigation is very time consuming and can get very expensive and -- because most of that is driven by your policy and how you retain things and it's really easy, as she said, for a place to say, well, we will just keep it all. Well, that's fine, you will probably never have enough room to keep everything that you have to keep, but, then, you have to find it and that's the problem and so having a clear and Meridian City Council Workshop July 12, 2016 Page 28 of 34 concise -- even if it's 92 pages, clarity on how our records are maintained gives us the ability to defend ourselves in those types of cases that, like you said, can get very time consuming and very expensive and so it really is a great effort by both Jacy and the team in getting this put to a place, like she said, where we are not constantly having to tweak it. That's where really errors occur or that's where problems occur and we don't really want to be of that habit where simply we will just fix it next time and we will just take it up again. So, it really is a great effort by all of the group to get this where it is for the city. I think it's a good thing, so -- De Weerd: Thanks. Jones: Okay. G. Clerk’s Office: Approval of Resolution No. 16-1149: Adopting the Amended Record Retention Schedule of the City of Meridian De Weerd: Okay. If there is nothing further, we will go to item 7-G and look at Resolution 16-1149 and ask for Council's action. Any discussion, questions on this? Ty, do you have a motion? Palmer: I guess I should, shouldn't I? Madam Mayor, I move we approve Resolution 16-1149. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Robert, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. H. Mayor’s Office: Appointment of Interim City Clerk De Weerd: Well, that was pretty monumentus and I guess a good action taken before this next one. Jacy Jones is certainly someone that's not a stranger to Council. She's given the strategic updates from the Clerk's Office and she's sat up here on occasion with us before she was officially appointed as City Clerk, but you also saw the heart that she has for the team that she worked with where she would come in and fill in. I remember one particular night where Jaycee Holman I think was -- was going to slide underneath the counter and Jacy Jones came from home and filled in for Jaycee, so she could go home. But certainly we will miss Jacy Jones. She has an opportunity to pay attention to her first priority, which is her daughter and her husband and family first and she's always practiced that, which we can always appreciate, but the little things Meridian City Council Workshop July 12, 2016 Page 29 of 34 always mattered to Jacy. She showed us how -- how to really treat others, so -- I am horrible at this stuff. She had maintained a folder on each of her employees that when they did something nice she always recognized it at the time, but also filed it away, so during evaluations she could also recognize those things that do matter, because little things did matter to Jacy. As you could see during the presentation, her attention to detail is pretty amazing and her tenacity to carry a project through to completion is admirable. She was certainly an example of the Meridian Way. She has -- some of the comments from her staff is the Jacy was the reason they went the extra mile and wanted to give their best, because she exampled that for them. Her customer service was pretty awesome and she always seems to have a smile on your face , even though her day might not be going the way that she wanted it to , both in how she felt and maybe who walks through the door at the time and as you can see from this presentation, she knows how to build teams and to stay focused until the -- the job was done. But I think probably most noteworthy outside of the records management program is how she works with our community. What she did with the Historical Preservation Commission and taking an idea of the history walking tour and bringing it to reality is -- is very noteworthy and has received the recognition from the Association of Idaho Cities and from many other communities around the state. She does make everyone feel appreciated for the role they play and , Jacy, you will be missed. But once she is no longer an employee , we hope to have her as a volunteer and continue to tap into her energy, her creativity and her passions. So, thank you for everything you've done. So, Council, as we search for our City Clerk, who will have big shoes to fill, as did Jacy Jones, we are giving it back to the master over there. Jaycee Holman has agreed to fill the gap as we search for our next City Clerk. This is an appointed position and so I would ask for your approval to appoint Jaycee Holman as the interim City Clerk. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: If we vote no does Jacy Jones stay? De Weerd: I tried that one. It doesn't work that way. Palmer: Madam Mayor? De Weerd: Yes, Mr. Palmer. Palmer: Does that require a motion? De Weerd: Yes, it does. Palmer: I move we approve the interim appointment of Jaycee Holman as City Clerk. Borton: Second. Meridian City Council Workshop July 12, 2016 Page 30 of 34 De Weerd: I have a motion and a second to approve the appointment of Jaycee Holman as interim City Clerk. Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Litt le Robert, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: And just for the record, this would take effect July -- after July 15th at 5:00 o'clock p.m. Because we are not letting her out of the door until 5:00 p.m. on Friday, the 15th. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Before we move on, Jacy, I can't add much more to what Mayor said, but your work ethics are second to none and any -- we have never asked you to do a job that you didn't do it very efficient and very fas t. I mean employees like you are hard to come by. We are going to miss you big time. You can be very proud of your work ethic. You will always be a top dog. De Weerd: Top dog. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: If I could add to that. I'm kind of unique in that I got to work with -- with Jacy in three different capacities. One as an employee, second as a volunteer on the historical walking tour project, and, lastly, as a City Council member and, Mayor, to your point, when I close my eyes and I think of the Meridian Way Jacy Jones has always been the person that comes to mind . You're such an ambassador for our community. You do such great work. You will be very, very missed and I am excited to hear that just because maybe you're off the payroll that doesn't mean that you're no longer working for the city. So, looking forward to having you back in some capacity. Item 8: Future Meeting Topics A. Discussion on Format of July 20, 2016 Budget Workshop De Weerd: Thank you again. Okay. Item 8-A is -- is a discussion about next week's budget workshop. It's not a hearing, it's a workshop. But we would love to tap into any ideas or any -- identify any questions you might have that we can be pr epared for for next week. I would invite Todd forward. Meridian City Council Workshop July 12, 2016 Page 31 of 34 Bird: Jenny. De Weerd: Maybe Todd can walk us through -- well, Jenny gets to inherit this, but Todd has -- has walked us through this process over the last number of years and maybe four or five new councils can -- can kind of give you the lowdown of how we have done it in the past and see if you have any suggestions that you would like to see incorporated in moving forward next week. Lavoie: Thank you, Madam Mayor. Madam Mayor, Members of the Council, in the years past the way we have run the third workshop is we, as Finance, would facilitate the budget process for you. During that day we will start off with a presentation with an update of where the budget stands since our last meeting, which was June 8th. A few items have changed since then, so we will give you an update. Some of you may recall the supplemental document. We will provide you with supplemental documents to amend your current book that you have so we can bring you up to date. So, after we get your guys -- the Council updated with the latest and greatest budget summary, we will, then, discuss some of the revenues -- changes that have occurred and, then, we will also look at some of the items that have occurred . We will go through the supplementals with you and, then, at that point what we will do is most likely -- or not most likely -- we will look for your guidance on this -- is discuss the -- kind of the three topics that we discussed with you guys during our budget road show in April. We discussed merit. We discuss benefits. And we discussed property taxes. We would like to discuss those items and see if we can get a consensus or decision or direction on where we are going to move with those three items. Those three items have an impact on the overall budget discussions, so once we have those items determined, those will help us determine the final outcomes of the enhancements , the replacements, and so forth. So, I think with those three items agreed upon we can finalize the enhancements and, then, at the end of July 20th we should be able -- we will be able to present to the citizens the following week with a balanced budget for fiscal year 2017. Again, as the Mayor stated, as that topic is here, we are looking for items, thoughts, suggestions, concerns, questions that we can make sure that we have are for you for the next meeting on July 20th for the budget discussions for fiscal '17. So, what's that? That's the general overview of how we have run it. Again, I guess I will add in another piece real quick. After we discuss those three topics of the road show, the merit, the benefits, the three percent, we will go through each department's enhancements and ask you for questions at that time . So, for an example, if the Council had an enhancement, starting alphabetically, we would ask if you have any questions for the enhancements proposed by the Council -- Council department and if there are no questions at that moment, we will consider that a good approval for the budget for the Council division at that time and we will move onto the next division. Let's say the next division is Finance. Again, we will ask you, Council, at that time do you have any outstanding questions or concerns for the enhancements propose d by the Finance Department or any other portion of their budget. If no questions or concerns are given at that time, we will consider that an approval of the budget proposed to you by the executive branch. So, again, after we do that for every division Meridian City Council Workshop July 12, 2016 Page 32 of 34 and department, at the end of the day we should have a balanced budget . We should be able to answer all the questions that you have -- or concerns that you have for the departments and all departments will be present to answer any of those questions for you. So, that's kind of a general overview of what we've done in the past . Again, we are always looking to improve the process, we are always looking to change the process for the betterment. So, again, we stand here or sit here to discuss this with you, so next week's presentation is where we want to go. De Weerd: I appreciated your correction on standing or sitting, so -- any questions, comments for Todd? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Todd, question for you. Appreciate your proposed agenda. I like that format personally. I don't know what the rest of the Council feels. Question, though, related to -- there were a significant amount of unfunded enhancements in the CIP and the Public Safety Fund that are at the end of our budget book. Would you anticipate there was unfunded enhancements also being discussed on each particular d epartments' time table when we are talking about the current fund enhancements or were those going to be discussed at a separate time? Lavoie: Madam Mayor, Councilman Cavener, that's a great question. After we discuss those three topics that we presented to you during our road show, the merit, the three percent, and the benefits, at that moment in time, if we happen -- if we do go the direction of -- the Council wishes to allow us to maximize the three percent property tax with our calculation, then, we will go ahead and present that to you, because those will be up for discussion. If the direction is -- of the Council not to allow us to utilize the three percent, which that document refers to, then, there is not too much discussion to be had, but we could always discuss those items for other enhancements, but that is up to the Council's discussion. So, the discussion with the three percent beginning with the presentation will really guide where we end up with that unfunded list by the end of the meeting. Cavener: Okay. Thank you. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: And, then, the discussion isn't necessarily an all or nothing, a three or a zero; right? It can be in between, which would be part of that discussion. Lavoie: Madam Mayor, Councilman Borton, you're a hundred percent. We can go from zero to a maximum of three percent, which is allowed by the county and state. Meridian City Council Workshop July 12, 2016 Page 33 of 34 De Weerd: You can't go more than that. Borton: No. I was just making a point that you can go less. Will you provide to all of us by Friday that information -- all of these updates you're referencing, so we can have time -- at least a day before the meeting to digest them and if there is any follow-up questions. Friday would be great. Good weekend reading. Lavoie: Madam Mayor, Councilman Borton, we can definitely strive to make it by Friday before we leave for the weekend, that you have all the updates that we will present to you on July 20th. Borton: I appreciate that guarantee. Lavoie: I will definitely let Jenny know that there is a guarantee on the table. Borton: Madam Mayor? One other question. As far as a format, if I recall in prior years we had -- it might have been this one where we were -- you had your spreadsheet up and as we talked about adding and subtracting, we could see you manipulate the -- with the idea that we are going to be sitting up here -- Lavoie: Madam Mayor, Councilman Borton, yes, we were looking to utilize this setup as we are right now and, then, we will have the Excel Spreadsheet, so we can make changes on the fly, so you can see the changes and what the effects are. Borton: Great. De Weerd: Okay. Anything future? Bird: I have none. De Weerd: Okay. Any other topics for future meetings? If not I would entertain a motion to adjourn. Bird: So moved. Borton: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 4:47 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) Meridian City Council Meeting DATE: July 12, 2016 ITEM NUMBER: 4A PROJECT NUMBER: H-2016-0067 ITEM TITLE: TM Creek Findings of Fact, Conclusions of Law for TM Creek (H-2016-0067) by SCS Brighton, LLC Located Southeast Corner of W. Franklin Road and S. Ten Mile Road MEETING NOTES c✓ APPMED 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 E IDIAM.--%111 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER IDAHO In the Matter of the Request for an Amendment to the Development Agreement for TM Creek to Remove the Requirement for the Final Plat to be Recorded Prior to Applying for Building Permits, by SCS Brighton, LLC. Case No(s). H-2016-0067 For the City Council Hearing Date of. June 28, 2016 (Findings on July 12, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 28, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 28, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 28, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 28, 2016, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0067 - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 28, 2016, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for an amendment to the development agreement is hereby approved per the provisions in the Staff Report for the hearing date of June 28, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation and/or rezone (UDC 11-513-3D). A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification (UDC 11-513-317). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the six (6) month approval period (UDC I1-513-317). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of June 28, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0067 - 2 - By action of the City Council at its regular meeting held on the 1 day of 2016. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM VOTED 4`� O- VOTED M e VOTED—n, � p VOTED�e VOTED (x y VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) or Ta e Weerd 2!9 o¢Qo�K0 AUGUsr,>Y� 9 city O� Attest: z`' 14 AN0 SES Jacy J nes �e sot he Tams° R City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: 113 1 b City Clerk's Of i CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0067 - 3 - EXHIBIT A TM Creek – MDA H-2016-0067 1 STAFF REPORT HEARING DATE: June 28, 2016 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: TM Creek – MDA H-2016-0067 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, SCS Brighton, LLC, requests a modification to the existing development agreement (MDA) (Instrument #114045759) for TM Creek to remove the requirement for the final plat to be recorded prior to applying for building permits. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA as requested by the applicant. The Meridian City Council heard this item on June 28, 2016. At the public hearing, the Council approved the subject MDA request. a. Summary of City Council Public Hearing: i. In favor: Mike Wardle, Applicant’s Representative ii. In opposition: None iii. Commenting: None iv. Written testimony: Mike Wardle, Applicant’s Representative (in agreement with the staff report) v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. None d. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0067 as presented in the staff report for the hearing date of June 28, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2016-0067 as presented during the hearing on June 28, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0054 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) EXHIBIT A TM Creek – MDA H-2016-0067 2 IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at the southeast corner of W. Franklin Road and S. Ten Mile Road, in the northwest ¼ of Section 14, Township 3N., Range 1W. B. Owner: SCS Brighton, LLC 12601 W. Explorer Drive, Ste. 200 Boise, ID 83713 C. Applicant: Same as Owner D. Representative: Michael D. Wardle, Brighton Corporation 12601 W. Explorer Drive, Ste. 200 Boise, ID 83713 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 6 and 20, 2016 C. Radius notices mailed to properties within 300 feet on: June 2, 2016 D. Applicant posted notice on site by: June 13, 2016 VI. LAND USE A. Existing Land Use(s): This property consists of vacant/undeveloped land that has been conceptually approved for a mix of commercial uses. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: W. Franklin Road and rural residential/agricultural land, zoned RUT in Ada County West: S. Ten Mile Road and agricultural land, zoned RUT in Ada County South: Agricultural land, zoned C-G East: Agricultural land, zoned RUT in Ada County (R-40 zoning has been approved but has not yet been finalized) C. History of Previous Actions:  The annexation and zoning (AZ-13-015) and preliminary plat (PP-13-030) for TM Creek Subdivision were approved by City Council on April 1, 2014.  The first phase final plat (FP-14-039) was approved by City Council on November 5, 2014.  A 2-year time extension to obtain the City Engineer’s signature on the first phase final plat was approved by the Director on April 18, 2016 which extended the time in which the applicant could obtain signature to April 1, 2018. EXHIBIT A TM Creek – MDA H-2016-0067 3 VII. ANALYSIS The applicant requests a modification to the existing development agreement (MDA) (Instrument #114045759) for TM Creek to remove the requirement for the final plat to be recorded prior to applying for building permits. Preliminary plat condition of approval #2.2.9 in the Findings, attached to the Development Agreement (DA) as Exhibit B, requires the final plat for this subdivision to be recorded prior to applying for building permits. The applicant would like to obtain one (1) building permit within the area proposed to be platted in Phase 2 prior to any final plats being recorded. This will facilitate an existing business in Meridian that desires to relocate to this site to obtain a building permit and begin construction prior to the plat being recorded as currently required. Because more than one building is allowed to be constructed on commercially zoned property, subdivision of the property is not typically required in order to apply for building permits. However, in this case, a preliminary plat condition of approval was included that required subdivision of the property prior to applying for building permits. Staff supports the applicant’s request to obtain one (1) building permit as requested per the modification to the DA in Exhibit A.2. Approval of a Certificate of Zoning Compliance and Design Review application will be required for each building/site prior to application for building permits. Staff recommends approval of the applicant’s requested modification to the DA as shown in Exhibit A.2. VIII. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Change to the Development Agreement EXHIBIT A TM Creek – MDA H-2016-0067 4 Exhibit A.1: Vicinity/Zoning Map !( XY ""d ÚÚd ÚÚd R-40 L-O R1 M1 R1 C-G R-15 L-O C2 TN-R R-4 R1 R1 M-E R-8 R-40 L-O L-O R1 R1 M-E R-40 R1 L-O R-15 C-N RUT R-8 R1 R-15 R-8 C-G TN-R C-C R1 R1 C-C L-O I-L RUT RUT R-8 I-L RUT RUT C2 R1 L-O R1 R1 R1 C-G C-C C-C R-15 R-8 R-8 L-O R-2 C-N RUT R-40 L-O L-O L-O R-8 R-2 L-O C-N R-2 I-L RUT R-15 R-8 R-15 R-15 R1 I-LRUT RUT C-C TN-C C-G R-8 RUT R-4 C-G RUT C-C R-40 RR R-4 R1 R-8 TN-C R-15 H-E R-8 TN-R TN-C C-C RUT R1 RUT RUTR-8 R-15 RUT S L i n d e r R d W Franklin Rd N B l a c k C a t R d W Pine Ave N T e n M i l e R d S B l a c k C a t R d W Overland RdW Overland Rd S T e n M i l e R d N L i n d e r R d §¨¦84 W Pine Ave W Newland St W Dutch Farm Rd WPineAve W Bayeu x D r W Criterion St W Verbena Dr W G r e e n h e a d S t S W 7 t h A v e W Snyder St NW 8 t h S t WPineLn W Pintail Dr W Verbena Dr W Waltman Ln W Eider Dr WWaltmanDr W Greenhead Dr W L o o n S t S L i l a c S t W Meadowpine St S S p o o n b i l l A v e W Quarterhorse Ln WIdahoAve W Jayton Dr W Newland St W Brown Tr o u t Dr W S l a t o n D rW Jayton Dr W Gander Dr W Ki m r a S t N R o t a n A v e W Jacksnipe Dr W Broadway Ave W Idaho Ave W C o r porate Dr NW 7 t h S t W Snyder Dr W Silver Terrace Rd N T a l l P i n e P l S H e i d i Pl WPinta i l D r N F r i t t s Ln W Waltman St W Joshua Ln W C a l c i t e C t S W 5 t h A v e N U m b r i a H i l l s A v e WJacksnipeDr WMarbeth C t W P erugia St W BarrettSt W Tr e v a D r W Silve rSalmonD r S T e c h L n WBroadway A v e W Marcon Ln N K e a g a n W ay N Tid w ell W a y S C a n v a s b ack W a y N W a r d A v e NW 1 0 t h S t S L a r k s p u r S t W Merganze r D r W Taylor Ave W W a l t m a n D r N Z i m m e r m a n L n NW 1 3 t h P l W HonkerDr W E g r e t D r W Tasa Dr W ViewPl W V a q u eroLn N K a y d e n W a y W DavisLn S B r o o k T r o u t W a y N C l a r a A v e W PennwoodSt S P e l i c a n W a y N M a n s h i p A v e N M in e ral W ells A v e N S c o t n e y Av e S R e d h e a d Av e S M u s c o v y A v e S M o o n s t o n e W a y N S t u c k e r Av e N W 1 5 t h S t W Crest Wood Dr S L o d e s t o n e A v e N P u m a A v e S Nova L n SW 8t h A v e S C a l i s t o g a A v e S B l u e Ma r l i n L n S O ld Thorn Ln NBro w nfield W a y S O u t f i e l d W a y EXHIBIT A TM Creek – MDA H-2016-0067 5 Exhibit A.2: Proposed Changes to the Development Agreement Page 2 of the Development Agreement: 1.7 WHEREAS, City Council, the 1st day of April, 2014, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order (“Findings”), which have been incorporated into this Agreement and attached as Exhibit “B”; and Condition #2.2.9 of the Findings attached to the Development Agreement as Exhibit B: Street signs are to be in place, sanity sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat(s) for this subdivision shall be recorded, prior to applying for building permits., provided however, that one building permit is allowed prior to recordation of a final plat for the phase in which it is located as approved with H-2016-0067. Meridian City Council Meeting DATE: July 12, 2016 ITEM NUMBER: 4B PROJECT NUMBER: ITEM TITLE: Well Sharing Agreement Termination of Well Sharing Agreement and Release of Easement Between L & G Murgoitio, LLC and the City of Meridian Regarding the South Meridian 77 -Acre Future Park Property MEETING NOTES us-jr 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: July 12, 2016 ITEM NUMBER: 4C PROJECT NUMBER: ITEM TITLE: Amended Development Agreement Amended Development Agreement for (Instrument# 1 14002254), TM Crossing (H-2016- 0054) with SCS Brighton, LLC located at the northeast corner of Interstate 84 and S. Ten Mile Road, in the southwest 1/4 of Section 14, Township 3N., Range 1 W. MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 12, 2016 ITEM NUMBER: 4D PROJECT NUMBER: ITEM TITLE: Approval of Purchase of Allen Bradley PLC Approval of Purchase of Allen Bradley PLC Equipment from Columbia Electric Supply for the Not -to -Exceed Amount of $55,506.06 and Authorize the Purchasing Manager to Sign the Purchase Order MEETING NOTES L✓i 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 Memo To: Jacy Jones, City Clerk, From: Keith Watts, Purchasing Manager CC: Jaycee Holman, Machelle Hill Date: 7-7-2016 Re: July 12, 2016 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the July 12th City Council Consent Agenda for Council's consideration. Approval of purchase of Allen Bradley PLC Equipment from Columbia Electric Supply for the Not -To -Exceed amount of $55,506.06 and Authorize the Purchasing Manager to sign the Purchase Order. Recommended Council Action: Approval of purchase of Allen Bradley PLC Equipment from Columbia Electric Supply for the Not -To -Exceed amount of $55,506.06 and authorize the Purchasing Manager to sign the Purchase Order. Council approved an evergreen Sole Source on 9/9/2014. 1 confirmed with the manufacture on 7/5/2016 that Columbia is still the sole source supplier and I have attached a letter stating so. Thank you for your consideration. 0 Page 1 SE I DIAN�-- IDAHO CITY OF MERIDIAN 33 EAST BROADWAY AVE. MERIDIAN, ID 83642 (208) 888-4433 Vendor Address: COLUMBIA ELECTRIC SUPPLY 200 N MAPLE GROVE RD BOISE, ID 83704 Description Allen Bradley PLC Equipment - For WRRF PLC 2 PLC Equipment for WRRF PLC 3 PLC Equipment for WRRF Clarifier 3 PLC Purchasing Manager: Special Instructions Purchase Order Attention: Dennis Teller Billing Attn: Finance 33 E Broadway Ave Address: Meridian, ID 83642 Shipping City of Meridian Address: Water Department 2235 NW 8th Meridian, ID 83646 Shipping Method: FOB: Unit I Quantity r r 27041.05 26626.06 1838.95 7/12/2016 truck destination Unit Price 1.00 1.00 1.00 Purchase Order Total: 16-0315 Total 27,041.05 26,626.06 1,838.95 $55,506.06 Allen Bradley PLC equipment per Quote # 1051456, 458and 459 dated 7-6-2016 by SH. Sole Source approved by Council 9/9/2014 and updated manufacture letter dated 7/5/2016 . PO approved by Council 7/12/2016. 60-3590-94300 NTE $58,340.57 Case 54555 I% Allen-Bradley • Rockwell Software July 5, 2016 Keith Watts City of Meridian Finance Department 33 E Broadway Meridian, ID 83642 Re: Columbia Electric Supply, Boise, Idaho Dear Keith: Rockwell Automation The purpose of this letter is to confirm that Columbia Electric Supply (CES) is the appointed Rockwell Automation distributor authorized to sell Allen-Bradley Standard Controls, Drives, PLC/MMI and Rockwell Software products, along with related services, in the geographic area in which your facilities are located. As a matter of Company policy, full factory product and sales support is made available only to the local authorized distributor. It is Rockwell Automation's practice and policy to always promote and recommend the use of the authorized distributor to customers within their geographic area. Rockwell Automation discourages the use of other non -authorized sources, including distributors who may hold an Allen-Bradley appointment in another locale. Should you have any further questions, please do not hesitate to contact either CES at (208) 322-1231 or our local Rockwell Automation sales office at (208) 841-2981. Respectfully, David Phillips Senior Sales Engineer Rockwell Automation cc: Torrey Figueras, CES COLUMBIA ELECTRIC SUPPLY COLUMBIA ELECTRIC SUPPLY 8645 WESTPARK ST BOISE ID 83704 TEL: 208 322-1231 FAX: 208 327-0658 CONTACT: SCOTT A. HAMMONS QUOTE FOR: CITYACCOUNTS ACCT #: 12-25620 CITY OF MERIDIAN CITY OF MERIDIAN 3401 N TEN MILE RD MERIDIAN, ID 83646 TEL: (208) 888-2191 QUOTATION PAGE MFR CATALOG # 001 OF 001 QUOTE # DATE 1 REV # REV DATE 1051456 07/05/16 007 07/06/16 QUOTE EXPIRES PREPARED BY 08/04/2016 SH SLS INSL 5193 1024 FOB FREIGHT SHIPPING POINT PREPAID CUS PO #: JOB NAME: PLC 2 LN QTY MFR CATALOG # DESCRIPTION PRICE UOM EXT AMT 01 1 AB 1756-PA75 120VAC PWR SUPPLY 1,061.40 E 1,061.40 02 MFR STOCK MILWAUKEE 03 1 AB 1756-A10 10SLOT CNTRL LOGIC 584.64 E 584.64 CHA 04 * MFR 7/12 LEAD-TIME 05 1 AB 1756-L73 CONTROLLOGIX CNTRLR 10,527.00 E 10,527.00 06 MFR 7/8 LEAD-TIME 07 2 AB 1756-EN2T ETHERNET/IP MODULE 2,592.60 E 5,185.20 08 2 - BOISE STOCK 09 1 AB 1756-IA16 132V 20PIN 16PT OUTPUT 437.61 E 437.61 10 BOISE STOCK 11 1 AB 1756-OA16 265V 20PIN 16PT OUTPUT 617.70 E 617.70 12 BOISE STOCK 13 1 AB 1756-IF8H 8PT 36 -PIN ANLG INPUT 1,278.90 E 1,278.90 14 MFR STOCK MILWAUKEE 15 1 AB 1756-OF8H 8PT 20 -PIN ANLG OUTPU 2,375.10 E 2,375.10 16 * MFR STOCK MILWAUKEE 17 3 AB 1756-N2 EMPTY SLOT FILLER 26.80 E 80.40 CARD 18 BOISE STOCK 19 2 AB 1783-MS10T 10PORT MANAGED 2,070.60 E 4,141.20 SWITC 20 * 1 -BOISE STOCK BAL MFR STOCK MILWAUKEE 21 1 AB 1783-SFPlGSX 1GBIT M -MODE SFP 458.49 E 458.49 22 MFR STOCK MILWAUKEE 23 1 AB 1606-XLE120E 120W XLE PWR SPLY 263.41 E 263.41 24 * STOCK BOISE 25 1 FRT NEXT DAY AIR 30.00 E 30.00 TOTAL: 27,041.05 PLEASE NOTE: THIS IS NOT AN OFFER TO CONTRACT, BUT MERELY QUOTATION OF CURRENT PRICES FOR YOUR CONVENIENCE AND INFORMATION. ORDERS BASED ON THIS QUOTATION ARE SUBJECT TO YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS LOCATED AT SALES.OUR-TERMS.COM, WHICH WE MAY CHANGE FROM TIME TO TIME WITHOUT PRIOR NOTICE. WE MAKE NO REPRESENTATION WITH RESPECT TO COMPLIANCE WITH JOB SPECIFICATIONS. COLUMBIA ELECTRIC SUPPLY COLUMBIA ELECTRIC SUPPLY 8645 WESTPARK ST BOISE ID 83704 TEL: 208 322-1231 FAX: 208 327-0658 CONTACT: SCOTT A. HAMMONS QUOTE FOR: CITY ACCOUNTS ACCT #: 12-25620 CITY OF MERIDIAN CITY OF MERIDIAN 3401 N TEN MILE RD MERIDIAN, ID 83646 TEL: (208) 888-2191 QUOTATION PAGE MFR CATALOG # 001 OF 002 QUOTE # DATE 1 REV # REV DATE 107/06116 1051458 07/06/16 004 1,061.40 QUOTE EXPIRES PREPARED BY 08/05/2016 SH SLS INSL 5193 1024 FOB FREIGHT SHIPPING POINT PREPAID CUS PO #: JOB NAME: PLC 3 LN QTY MFR CATALOG # DESCRIPTION PRICE UOM EXT AMT 01 1 AB 1756-PA75 120VAC PWR SUPPLY 1,061.40 E 1,061.40 02 * MFR STOCK MILWAUKEE 03 1 AB 1756-A10 10SLOT CNTRL LOGIC 584.64 E 584.64 CHA 04 MFR 7/12 LEAD-TIME 05 1 AB 1756-1-73 CONTROLLOGIX CNTRLR 10,527.00 E 10,527.00 06 MFR 7/8 LEAD-TIME 07 2 AB 1756-EN2T ETHERNET/IP MODULE 2,592.60 E 5,185.20 08 MFR STOCK MILWAUKEE 09 2 AB 1756-IA16 132V 20PIN 16PT OUTPUT 437.61 E 875.22 10 * BOISE STOCK 11 1 AB 1756-OA16 265V 20PIN 16PT OUTPUT 617.70 E 617.70 12 * BOISE STOCK 13 1 AB 1756-IF8H 8PT 36 -PIN ANLG INPUT 1,278.90 E 1,278.90 14 * MFR STOCK MILWAUKEE ' 15 1 AB 1756-OF8H 8PT 20 -PIN ANLG OUTPU 2,375.10 E 2,375.10 16 * MFR STOCK MILWAUKEE 17 3 AB 1756-N2 EMPTY SLOT FILLER 26.80 E 80.40 CARD 18 * BOISE STOCK 19 1 AB 1783-MS10T 10PORT MANAGED 2,070.60 E 2,070.60 SWITC 20 * MFR STOCK MILWAUKEE 21 1 AB 1783-MX08T COP EXPANSION 1,218.00 E 1,218.00 MODULE 22 * MFR STOCK MILWAUKEE 23 1 AB 1783-SFP1GSX 1GBIT M -MODE SFP 458.49 E 458.49 24 * MFR STOCK MILWAUKEE 25 1 AB 1606-XLE120E 120W XLE PWR SPLY 263.41 E 263.41 26 BOISE STOCK 27 1 FRT NEXT DAY AIR 30.00 E 30.00 PLEASE NOTE: THIS IS NOT AN OFFER TO CONTRACT, BUT MERELY A QUOTATION OF CURRENT PRICES FOR YOUR CONVENIENCE AND INFORMATION, ORDERS BASED ON THIS QUOTATION ARE SUBJECT TO YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS LOCATED AT SALES.OUR-TERMS.COM, WHICH WE MAY CHANGE FROM TIME TO TIME WITHOUT PRIOR NOTICE. WE MAKE NO REPRESENTATION WITH RESPECT TO COMPLIANCE WITH JOB SPECIFICATIONS. COLUMBIA ELECTRIC SUPPLY COLUMBIA ELECTRIC SUPPLY 8645 WESTPARK ST BOISE ID 83704 TEL: 208 322-1231 FAX: 208 327-0658 CONTACT: SCOTT A. HAMMONS QUOTE FOR: CITYACCOUNTS ACCT #: 12-25620 CITY OF MERIDIAN CITY OF MERIDIAN 3401 N TEN MILE RD MERIDIAN, ID 83646 TEL: (208) 888-2191 QUOTATION PAGE 002 OF 002 QUOTE # DATE 1 REV # REV DATE 107106116 1051458 07/06/16 004 QUOTE EXPIRES PREPARED BY 08/05/2016 SH SLS INSL 5193 1024 FOB FREIGHT SHIPPING POINT PREPAID CUS PO M JOB NAME: PLC 3 TOTAL: 26,626.06 PLEASE NOTE: THIS IS NOTAN OFFER TO CONTRACT, BUT MERELYA QUOTATION OF CURRENT PRICES FORYOUR CONVENIENCE AND INFORMATION. ORDERS BASED ON THIS QUOTATION ARE SUBJECT TO YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS LOCATED AT SALES.OUR-TERMS.COM, WHICH WE MAY CHANGE FROM TIME TO TIME WITHOUT PRIOR NOTICE. WE MAKE NO REPRESENTATION WITH RESPECT TO COMPLIANCE WITH JOB SPECIFICATIONS. COLUMBIA ELECTRIC SUPPLY COLUMBIA ELECTRIC SUPPLY 8645 WESTPARK ST BOISE ID 83704 TEL: 208 322-1231 FAX: 208 327-0658 CONTACT: SCOTT A. HAMMONS QUOTE FOR: CITYACCOUNTS ACCT #: 12-25620 CITY OF MERIDIAN CITY OF MERIDIAN 3401 N TEN MILE RD MERIDIAN, ID 83646 TEL: (208) 888-2191 QUOTATION PAGE MFR CATALOG # 001 OF 001 QUOTE # DATE REV # REV DATE 1051459 07/06/16 001 07/06/16 QUOTE EXPIRES PREPARED BY 08/05/2016 SH SLS INSL 5193 1024 FOB FREIGHT SHIPPING POINT PREPAID CUS PO #: JOB NAME: CLARIFIER 3 LN QTY MFR CATALOG # DESCRIPTION PRICE UOM EXT AMT 01 1 AB 20AD3P4A0AYNNNC0 480VACDRIVE 1,070.10 E 1,070.10 02 MFR STOCK MILWAUKEE 03 1 AB 20 -HIM -A3 LCD DISPL NUM 195.75 E 195.75 KEYPAD,PF70/700 04 * BOISE STOCK 05 1 AB 20 -COMM -E PF70/700 ETHERNET 548.10 E 548.10 COMM MODULE 06 BOISE STOCK 07 1 FRT NEXT DAY AIR 25.00 E 25.00 TOTAL: 1,838.95 PLEASE NOTE: THIS IS NOT AN OFFER TO CONTRACT, BUT MERELYA QUOTATION OF CURRENT PRICES FOR YOUR CONVENIENCE AND INFORMATION. ORDERS BASED ON THIS QUOTATION ARE SUBJECT TO YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS LOCATED AT SALES.OUR-TERMS.COM, WHICH WE MAY CHANGE FROM TIME TO TIME WITHOUT PRIOR NOTICE. WE MAKE NO REPRESENTATION WITH RESPECT TO COMPLIANCE WITH JOB SPECIFICATIONS. Meridian City Council Meeting DATE: July 12, 2016 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Gift Presentation by Colleen Braga and Jodi Gempler Gift Presentation by Colleen Braga and Jodi Gempler on behalf of the Boys and Girls Club MEETING NOTES @ollee,n -Brage, Jod C�er�-� 12� --��--QW�flltfht 1 �j rese���-ea 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: July 12, 2016 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Mayor's Office Mayor's Office: Mayor's Youth Advisory Council Update on Participatory Budgeting Project MEETING NOTES eiw-- CYA YN e- Qom•\k-e-� 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: July 12, 2016 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: Transportation Projects Update Continued from June 21, 2016: Community Development - Transportation Projects Update - Discuss Transportation Related Studies, Plans and Projects Including: Ustick Road, Franklin Road and Idaho Avenue MEETING NOTES Caleb Acod Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 1 Memo TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Division Manager RE: Transportation Projects Update, June 2016 June 21st, 2016 City Council Workshop Agenda Item ------------------------------------------------------------------------------------------------------------------------- Below is a summary/update on some of the transportation and roadway projects City Staff has been involved with recently. This is not an exhaustive list, but rather highlights some of the more important activities that have recently transpired (or are about to occur) in the transportation realm. Staff will be at the June 21st meeting to discuss some of these topics in more detail. Please feel free to contact staff should you have any comments, concerns, or questions on any of these projects. Newer information is in BOLD. KEY ACHD PROJECTS: Franklin, Black Cat to Ten Mile Road: This is a Federal Aid project, programmed for construction in 2016-2017 with the Franklin/Black Cat intersection. The project will widen Franklin to five lanes including curb, gutter and sidewalks. Low-impact storm drain techniques. As part of the scoping of this project, the City requested detached sidewalks, a center median, lighting, and reclaimed water is included with the project. On 90-day bid list. To be bid by ITD. Estimated cost is $7.5M. Ustick Corridor: There are several projects in the design and right-of-way phases along Ustick Road. There are plans to design and construct projects at the Ustick/Meridian intersection, and roadway widening projects for the segments between Locust Grove and Meridian and Meridian to Linder. In the 2015-2019 ACHD IFYWP, these projects are programmed for construction in 2018/2019. In the recently adopted 2016-2020 IFYWP, the Ustick corridor projects advance to 2016-2018. These three projects will be bid together and are on the 90-day bid list. Estimated cost is $8.3M. Pine Ave, Meridian to Locust Grove: This project, to improve Pine between Meridian Road and Locust Grove, is planned for construction in 2018 in the adopted 2016 -2020 IFYWP. The City and MDC want to partner with ACHD to ensure the design and construction of Pine Avenue is consistent with the communities’ needs. Because Meridian Public Works is planning to do sewer improvements in Pine, the roadway between Main and E. 6 th will be re-built. Establishing a Cost Share Agreement with ACHD and a project agreement between the City and MDC will need to occur. 2 E. 3rd Street Extension: When ACHD adopted the 2014-2018 Integrated Five Year Work Plan, E. 3rd Street, from Carlton to Fairview, was listed as a project in the Economic Development Program. This project was split into two phases by ACHD – north (phase 2) and south (phase 1) of Carlton. In the ACHD 2016-2020 IFYWP, phase 1, between Franklin and Carlton, is in PD. Meridian Road, Cherry to Ustick: Project includes widening Meridian Road to 5 lanes with curb, gutter, sidewalk and bike lanes. Design is underway. A Public Information Meeting (PIM) was held at city hall on April 18th. Approximately 100 people attended. Construction is planned for 2020 in the adopted IFYWP at a cost of $4.387M. Linder Road, Franklin to Pine: Project includes the widening of Linder Road to 5 lanes with curb, gutter, sidewalk and bike lanes. Project includes upgrade of the railroad crossing and a safe routes to school request. The 30% plans were reviewed during a team meeting held on June 6th. Construction is planned for 2019 at a cost of $3.425M. Cherry Lane, Linder to Meridian Road Lighting: Using federal funds, ACHD is working with Precision to design roadway lighting for approximately one mile of Cherry Lan e. The City is providing a local match. The PS&E Package should be submitted by mid to late September. The federal funds have shifted from 2016 to 2017 for project construction. Arterial Dynamic Message Signs: ACHD has hired Power Plus to install four dynamic message signs along major I-84 freeway detour routes to alert road users of roadway and traffic conditions. Signs were installed along Eagle Road, Ten Mile Road and Meridian Road. The $160,000 project was complete in May. ACHD COMMUNITY PROGRAM PROJECTS 2016 Construction:  Fairview, E. 3rd Street to Locust Grove – Sidewalk on both sides of the street. (February 2016; $230K) On 90-day bid list.  Black Cat, Moonlake to Ustick – Sidewalk on one side of Black Cat and a ped signal. Diamond Contractors is the chosen consultant. Contract amount is $100,000. Crews started placing concrete sidewalk on May 18th; continuing electrical work for the pedestrian signal. Project should be complete in July. 2017 Construction:  W. 1st, Broadway to Pine – Sidewalk for two blocks near Meridian Elementary.  W. 4th, Broadway to Maple – Sidewalk on one side near Meridian Elementary. ITD PROJECTS SH-55 (Eagle Road): Design work began to add an additional northbound and southbound lane to Eagle Road, between River Valley and I-84. From River Valley to Franklin, The Village developer (CenterCal) is making improvements via a STAR agreement with the State and ACHD. Portions of sidewalk, a designated right-turn lane onto westbound I-84, and other related improvements will be included. Design package is complete. CenterCal may be constructing this project later this year or in 2017. 3 US 20/26: The US 20/26 Task Force has divided up into three subcommittees, each focusing on different areas: ITD, Community Support and the Legislature. The next TF meeting will be held on Monday, September 19th. Interstate 84: ITD collaborated with COMPASS to apply for two federal grants through FHWA (FASTLANE and TIGER) to fund improvements to I -84 in Canyon County, including interchanges. The improvements would go from Northside Boulevard to Franklin Boulevard. This corridor is listed as the number one priority in the regional long-range transportation plan. The City sent a letter of support last month. PATHWAYS Rail with Trail: In the fall of 2012, the City applied for an $85,000 grant to study the Rail with Trail (RWT) pathway crossing of streets (7 crossings; Black Cat to Locust Grove). Currently, there are $75,000 in FY2016 for design and $500,000 in FY18 and FY19 for pathway construction in the Regional Transportation Improvement Plan (TIP). MDC PROJECTS Idaho Avenue Placemaking: Both the City and MDC have budgeted $15,000 towards “right - sizing” Idaho Avenue in this block. City Staff is working with contractor to complete this installation before Dairy Days in June. OTHER Meridian Transportation Commission: The Meridian Transportation Commission continues to meet the first Monday of every month, with the next meeting being on July 18th due to the Independence Day Holiday. Transit: The Meridian Saturday Fun Bus service was discontinued in September. VRT is working to establish a committee to determine what a similar service could look like for the summer months. Training and regional planning will continue. A new workgroup was established by VRT to discuss what a limited public transit service focusing on seniors and persons with disabilities could look like in Meridian. The group is trying to develop a scenario for the Council to consider later in the summer. Parklets: In other cities throughout the US, parklets (on-street parking areas converted to public seating/use areas) are becoming more and more popular. Some businesses in downtown Meridian are interested in installing parklets. The Master License Agreement between the City and ACHD was executed the week of April 25th allowing parklets downtown. ACHD 2016 CIP Update Task Force: Every four years ACHD updates its 20-year Capital Improvement Plan (CIP). To assist ACHD, they have established a CIP Update Task Force made up of city staff, ACHD Commissioners, members of the CICAC, as well as commercial and residential developers. The CIP Update TF has been meeting monthly since January 2015. The group discusses service areas, Level of Service standards, 4 existing deficiencies and elements of roadway projects that should be eligible for impact fee expenditures. The CIP Update Task Force had its last meeting on June 13th. They made a CIP recommendation to the Capital Improvements Citizen Advisory Committee (CICAC) which meets on June 20th. The anticipated public comment period for the 2016 CIP is July 15th - August 17th. The ACHD CIP is prepared to meet the requirements of the State for impact fee collection. The CIP is developed with consideration of other plans and studies, as well as an analysis of future transportation system deficiencies. The Regional Travel Demand Model is a key tool used in the CIP development. Only arterial (regionally significant) roadways are considered for funding in the CIP. The total cost needed to serve new growth and development is eligible for IF funding; existing transportation needs are not eligible. ACHD 2017-2021 Integrated Five Year Work Plan (IFYWP): On May 18th, ACHD sent a letter to the City recognizing the list of transportation priorities sent for potential inclusion in the Integrated Five-Year Work Plan (IFYWP) for FY 2017-2021. The ACHD expect to have an initial draft of the IFYWP in August with adoption in the fall. Staff will return in August/September to share the draft IFYWP with Council and discuss. Eagle Road Adaptive Traffic Signals: In 2017, ACHD and ITD plan to upgrade 14 signals along the Eagle Road corridor, between Overland and Chinden, to adaptive traffic signals. This is a $490,000 project. Eagle Road Bike/Ped Project Development: COMPASS has contracted with Keller Associates to further develop a bicycle and pedestrian plan for the Eagle Road corridor. The boundaries of the project are Overland and Chinden. In coordination with the cities of Boise and Meridian, Keller has recently evaluated the bike/ped system. Tom Laws, COMPASS Associate Planner, and Stephen Lewis, Keller Associates, shared the results with the Transportation Commission on June 6th. 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J-) N(1) — ro :J -M a) Id 0 -M a) ro ;j -M a) Id 0 -r, v ro N -M a) td N -M a) (d0 -r, ro a 0r -i Oro 0ri 0ro 0r -I Oro Nr -I oro NH Oro 0H oro 0x4 oro \ 0 s4 o P, 0 P k 0 0 x 4 0 O w 0 o P4 s4 O 0 P,�, o 0 P1 4 0 r7 q PIU Qom- 04 QPIU Qom- PIU Q-- 0u Q" 0u Qom- PIU O O O O O 0 0 N o O o 0 0 0 0 ,.aro ao ao co ao 0o m m \o w w v "r w r7 U M M m m m m m ri a) o O o O o 0 o Id )-) ro m ON ON ON m m m O a) o N (q N N N N N E Q U N N N N N N N 4) ?4 O • W ri r-1 Hr -1 r -I r -i r -I W U o 0 0 o 0 0 0 fx Sherry Jenkins Office of Highway Safety Idaho Transportation Department P.O. Box 7129 Boise, ID 83707-1129 RE: Request for funds in the amount of $13,000. Dear Sherry: MayorTammy de Vftwd City CounCB Members: Keith Brd Joe Botta Luke Cavener Geneve Miler Ty Palmer Anne Uttle Robeds May 15, 2016 I am requesting funds on behalf of Region 4 led by the City of Meridian Fire Department. The City of Meridian continues to be the fastest growing city in Idaho. With that growth are many families requiring help with child passenger seats. Additionally, within Meridian's boundaries lies the Interstate 1-84 corridor which is the major East/West interstate in the State of Idaho. The Meridian School District is the largest in the state with over 50 school sites teaching over 36,000 students. Meridian is now the valley's core residential area due to its central location and outstanding schools. Qualifications: The Meridian Fire Department received a Child Passenger Seat grant from the Idaho Chapter of the American Academy of Pediatrics (ICAAP) in 2014 and 2015 and has been able to assist many needy families within the region through our many car seat events and Region 4 community partnerships. Additionally, we have applied and received FEMA grants for various fire safety educational initiatives. We have been successful in meeting all grant requirements, reporting and budget allocations. We currently have 14 certified CPS technicians who perform car seat inspections for our department on a near daily basis. We hold a monthly car seat event, take walk -Ins and make appointments in order to serve the demand for car seat inspections. In 2015 we completed 344 car seat inspections in our fire stations and distributed educational materials to those families. We held a public safety event in one of our stations that educated families on many aspects of child safety to include child passenger seats and had over 600 people in attendance. We distributed seats to low-income families and would like your assistance to continue with our programs to keep the littlest citizens in Region 4 safe while riding In cars. We are requesting $10,000 to be used to conduct a regional passenger safety restraint distribution program. This program will purchase and deliver child passenger seats to low- income households throughout the region. Additionally, we are requesting $1,500 to purchase educational items and $1,500 to conduct a statewide child passenger restraint educational class. Meridian Fire Department . 33 E. Broadway, Ste. 210, Meridian, ID 83642 Phone 208-888-1234. Fax 208-895-0390 . www.maddiancity.org We have Identified and are in partnership with Safe Kids Treasure Valley, area hospitals, numerous fire departments, Garden City Police Department, Ada County Paramedics, and others. All of these agencies serve low-income families and participate in performing car seat checks and in educating the community on child passenger safety. our goals for this program Include: 1. To reduce the barrier of cost of child restraints to parents and caregivers by providing restraints at reduced or no cost to economically disadvantaged households in the Region 4 area. 2. To Increase local community's knowledge of the proper use of child restraints by offering car seat safety checks and one-on-one Instruction and installation with the distribution of each restraint purchased with grant funding. 3. To educate parents, caregivers and grandparents regarding the proper selection and Installation of child passenger safety restraints. 4. To use National Child Passenger Safety Week as an opportunity to raise public awareness of proper selection and installation of child restraints. S. To support and/or increase local community Child Passenger Safety Technicians (CPTS) through certification, CEU, and/or recertification courses. Supporting Goals 1 and 2- Meridian City will promote our Child Passenger Safety Program by providing the following: • Provide permanent inspection stations at our five fire stations. This allows families to make an appointment to receive a child safety seat on a donation/free of charge basis along with one-on-one instruction on the proper use and installation of that seat. The inspection station will also provide one-on-one instruction to those already in possession of a seat. • A W.H.A.L.E. KIT shall be distributed with every child safety seat checked.G- • Each child safety seat distributed will be marked with permanent marker the date and name of the group distributing the car seat. • Convertible/Booster seats will be provided by donation/free of charge to economically disadvantaged households in the Region 4 area. Seats will be provided to Region 4 certified technicians outside of the Meridian Fire Department who agree to inspection criteria to cover the growing need for seats in the region. • Instruction on car seat use and installation is available to community members at area fire stations. Supporting Goals 3 and 4- Meridian City will hold monthly community inspection events in addition to our daily appointment stations: • Hold community car seat checkup events. • Use National Child Passenger Safety Week as opportunity to raise awareness of the proper use and installation of child safety seats. • Continue to develop working partnerships with those agencies (in Region 4) interested In child passenger safety. Meridian Fire Department . 33 E. Broadway, Ste. 210, Meridian, ID 83642 Phone 208-888-1234. Fax 208-895-0390 . www.meddiandity.org Supporting Goal 5- Meridian City host one CPST Certification, CEU and/or Renewal course: • Assist current technicians with the recertification process. • Hold a recertification course for expired technicians if necessary. • Continue to hold a certification course for new technicians focusing on increasing the number of certified technicians In our community and region. • Provide active technicians with the opportunity to fulfill their five seat sign -offs for renewal at our weekly Inspection station. • Encourage seasoned Child Passenger Safety Technicians to become instructors. We fully understand the requirements for this grant and will submit all invoices for purchases prior to June 30th by July 3& and those purchases made after lune 3& by the required deadline. Additionally, we understand a progress report on classes held, number reached, materials distributed, car seats inspected, etc. will be provided to Sherry Jenkins and Carma McKinnon, Statewide Coordinator, on a quarterly basis. Course evaluations will be included with the reimbursement billing documents. Included in the report will be the dates, collaborative partners, and the number of families reached and a monthly budget report for each month's financial activities. We will also submit an end of the grant final report with data of seats purchased, distributed and outcomes of this grant. Budget: Child Restraint Purchases Shipping Car Seat Total: CPST Certification Course (September 2016) CPST Instructor Cost for 3 Instructors CPST Instructor mileage CPST Instructor meals Instructor Total Educational Materials and equipment total; (LATCH Books, Clipboards, Storage Containers) Total Grant Request Thank you for your consideration of this request for funds. $10,000 Included $10,000 $500 0 0 b✓ $1500 $1,500 P $13,000 I 1 have read and understand Idaho's Child Passenger Safety Polides and Procedures and agree to follow if awarded a grant. Meridian Fire Department . 33 E. Broadway, Ste. 210, Meridian, ID 83642 Phone 208-888-1234. Fax 208-895.0390 . www.meddiancity.org IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT. CITY OF MERIDIAN (MERIDIAN FIRE DEPARTMENT) Pam Orr May 15, 2016 208-884-0597 RgrE fteridiancity.g DUNS: 028 451367 Federal Tax/ID number: 82-6000225 IDAHO TRANSPORTATION DEPARTMENT, OFFICE OF HIGHWAY SAFETY ....f4.z,,,, J, _ (Printed Name) (Date) Meridian Fire Department . 33 E. Broadway, Ste. 210, Meridian, ID 83842 Phone 208-888-1234. Fax 208.895-0390 . www.meddlancity.org Meridian City Council Meeting DATE: July 12, 2016 ITEM NUMBER: 7C PROJECT NUMBER: ITEM TITLE: Public Works Public Works: Budget Amendment for Public Works Salary Adjustments in the Not -To - Exceed Amount of $29,924.00C. Public Works: Budget Amendment for Public Works Salary Adjustments in the Not -To -Exceed Amount of $29,924.00 MEETING NOTES Ay rte✓ 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 ��E IDR IAN; innrio / TO: Mayor Tammy de Weerd Members of the City Council FROM: Tom Barry, Public Works Director Crystal Ritchie, Human Resources Manager DATE: July 7, 2016 Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Milam Ty Palmer Anne Little Roberts SUBJECT: PUBLIC WORKS DEPARTMENT SALARY ADJUSTMENT BUDGET AMENDMENT FOR $29,924 RECOMMENDED ACTION A. Move to: 1. Approve the Public Works Salary Adjustment Amendment for $29,924. II. CONTACT PERSONS Tom Barry, Public Works Director 489-0372 Crystal Ritchie, Human Resources Manager 489-0468 III. DESCRIPTION A. Background In late 2015, the Public Works Department recognized that certain technical, professional, and operational positions within the Department didn't appear to be competitive in the market. Vacant to fill times were prolonged, candidate interest was low, and job offers were turned down. Following internal research and analysis by the Public Works Department, it was determined that a review of certain technical, professional, and operational positions was warranted. Public Works staff apprised the Mayor and Council Liaison and were permitted to work with the Human Resources Department to conduct a comprehensive market analysis on sixteen positions held by twenty employees within the Public Works Department. Upon conducting industry research and analyzing salary tool demonstrations, PayScale was selected as the tool of choice to provide market data for the sixteen positions within the Public Works Department. PayScale has compiled the world's largest database of 54 million individual salary profiles. Recently, Warburg -Pincus invested $100 million in PayScale to bring its combination of Public Works Department . 33 E. Broadway Avenue, Suite 200, Meridian, ID 83642 Phone 208-898-5500 . Fax 208-898-9551 . www.meridiancity.org IV. real-time data and on -demand enterprise to the challenges of attracting the best talent and getting the most from them. PayScale is national recognized and partners with over 40 top companies including ADP, SHRM, PIHRA, Apex, and LinkedIn to name a few. In addition to the market analysis, each position's job description was reviewed by the Public Works Department to ensure position duties, responsibilities, and qualifications were up-to-date and accurately reflected. Those updated job descriptions were then sent to BDPA (a private HR consulting firm) for classification and internal equity review. Additionally, the job descriptions evaluated by the PayScale tool resulted in a 95% match. Meaning that the information contained in PayScale was a like - for -like comparison, which is important when conducting any market analysis. PayScale recommends a 75% match; our data exceeded the match recommendation by 20%. Utilizing updated job descriptions, BDPA reclassification recommendations, and PayScale market analysis reports, the Human Resources Department applied the City's Salary Administration Guidelines and identified eight positions held by twelve employees which require salary adjustments due to job reclassifications, market analysis data, or internal equity alignments. IMPACT A. Strategic Impact: These salary adjustments support and align with the City's Strategic Plan, City Policy & the City's Salary Plan Administrative Guidelines: • 3.13. - Establish a comprehensive workforce development and retention program for the City. • 3.13.5. - Develop and maintain a competitive compensation program that enables quality recruitment and rewards and encourages high performance. • HR SOP 3.4. - Compensation Program. • City's Salary Plan Administrative Guidelines. B. Fiscallmpact: FY16 Budget One-time (July, August & September Pay Periods) Wages $24,665 FICA $ 1,887 PERSI $ 2,792 Worker's Comp $ 580 Total $29,924 FY17 Budget On-going Wages $ 98,660 FICA $ 7,547 PERSI $ 11,168 Worker's Comp $ 2,319 Total $119,694 V. TIME CONSTRAINTS It is critical and standard City practice to make salary adjustments when positions are identified to be non-competitive within the respective labor pool. The salary adjustments would be implemented for all impacted positions immediately, which would encompass the last three pay periods of FY 16. VI. LIST OF ATTACHMENTS Public Works Salary Adjustments Amendment Approved for Council Agend • 7 Date L 0 -J a o. o_ N 1 U C 00 U) a T N }J 0D o 0A V' � C N E Y C N W z 0 E 0 0 V Ln 41 t/? V). 7-1 V'} n' p E C = 5 as U i :3U U v N OI c Q- O 0 1 voi t O n d CL E E L _ ° Q C yc W m Nov a.) " O o E �mm ? 0 o 0 z z Y O 00.0 N w C C cr O N d U Q1 0J U LL d W O 7 EE t t 0 0 CL L 0 a a o. o_ N 1 U C 00 U) IL oz N }J 0D Ln 0A V' � C N E Y C N W Q) E C ca V Ln 41 d t/? V). 7-1 V'} p E C = U N 04 U t1 0 1 W � r Q N W L c C °J (a W L CCO C ++ L LF--Ei u 0 LL a) U O L W a a 0 W m 00 lc oz N 00 n Ln V' .i N' ) N v Ln t/? V). 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AMITY ROAD RECOMMENDED ACTION A. Move to: 1. Approve the written request from West Ada School District to connect Mary McPherson Elementary School to the City water system outside of City limits; 2. Direct Staff to negotiate a Connection Agreement with the school district. II. DEPARTMENT CONTACT PERSONS Jared Hale, Engineering Project Manager 489-0370 Kyle Radek, Assistant City Engineer 489-0343 Warren Stewart, City Engineer 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Backaroun The Amity Road and Meridian Road Waterline Extension project will construct a 16" water main in front of Mary McPherson Elementary. The school asked to be connected when they were notified about the project. They have agreed to participate in the construction costs of their portion of the project and have granted the City an easement. While coordinating permit applications with the Page I of 2 contractor, it was discovered the School District has not entered into an "agreement for the extension of domestic water service outside the city limits". In order to get this agreement signed, we are following the process laid out in City Code section 9-1-16. They are willing to sign a "Consent to Annex Agreement" and hook up to sewer when it becomes available. IV. IMPACT A. Strategic Impact: This will allow the City to provide necessary water and fire sprinkler capability to a valued customer. This project is in direct alignment with the Public Works mission to anticipate, plan, and provide exemplary public services and facilities that support the needs of a growing community. B. Service/Deliver pact: This project will provide City water to a location that previously did not have access to our utility services. C. Fiscal Impact: West Ada School District will pay $21,540.61 in water assessment fees. V. TIME CONSTRAINTS Council's approval will allow the school to connect to City water before school starts on August 15th, 2016. VI. LIST OF ATTACHMENTS A. Written request to connect to City water B. Warranty Deed C. Deed of Gift D. Vicinity Map E. Water Main Design and Construction Agreement F. Water Main Easement Approved for Council Page 2 of 2 7-7-/C Date Jared Hale Subject: FW: Mary Mcpherson Fire Hydrant Locations From: Mclean Spencer [mailto:Mclean.Spencer(5westada.orci] Sent: Monday, May 04, 2015 8:26 AM To: Dean Stacey Cc: Corey Peacock Subject: RE: Mary Mcpherson Fire Hydrant Locations Dean, The water stub at the Eastern driveway would be great. When this projects gets moving forward we would like to move forward and connect to the city water. We understand that this would be on us to pay for.... Let me know if I can assist in any other way. Thanks, CONFIDENTIALITY NOTICE: This email Is Intended only for the personal and confidential use of the Indlvldual(s) named as reciplentis) and Is covered by the Electronic Communications Privacy Act, I8 U.5.C.2514.2521. It may contain information that is confidential and protected from disclosure under applicable law. if you have received this ernail in error, please notify the sender and delete this message from your computer. Do not forward, copy or disclose Its contents, From: Dean Stacey [mailto:dstacev@meridiancity.org] Sent: Friday, May 01, 2015 4:33 PM To: Mclean Spencer Cc: Corey Peacock Subject: Mary Mcpherson Fire Hydrant Locations Spencer, I have spoken with the Fire Chief and my boss and they said we should provide fire hydrants at the front of the school. We were thinking the water stub -out connection would be good at the eastern driveway of the school. This would only be a couple of feet. If you wanted / needed connection to the building at the back of the school, the school would need to provide some funding. Let me know what you think. Thanks, `.Dean Stacey Engineering Project Manager City of Meridian Public Works P. (208) 489-0386 F. (208) 898-9951 j 0 613 -WARRANTY DEED THIS INDENTURE, Made this 4th day of in the year of our Lord one thousand nine hundred and MINTED AND FOR .ALK .Y IDAHO IRINTCRA/TEND. INC.. ■ I.E I/1 Ir , Deoditer' f i fty-two , between Clarence W. Christian and Fern 0. Christian, husband and wife, of Nashville , County of Davidson the part i es of the first part, and Class "A11 School District No. 2 of , ivleridian , County of Ada the party of the second part. , State of Tennessee , , State of Idaho , WITNESSETH, That the said part ies of the first part, for and in consideration of the sum of Two Thousand Twenty-two and 40/100 023,022.40) - - - - - - - - DOLLARS, lawful money of the United States of America, to them in hand paid by the said part Y of the second part, the receipt whereof is hereby acknowledged, ha ve granted, bargained and sold, and by these presents do grant, bargain, sell, convey and confirm unto the said part y of the second part, and to it 1 s heirs and assigns forever, all of the following described real estate, situated in &ffxk& = , County of Ada , State of Idaho, to -wit: From the Sec. Cor. common to sections 29, 30, 317 & 32, T.3N.R.U.B.M., thence N. $$0251 W 1546.,00 feet along the section line to the point of beginning, thence North 543.00 feet, thence N. 780311 W 150.00 feet; thence N 86°021. W 100.00 feet, thence S 714421 W 100.00 feet, thence S 3505,61 W $15.00 feet, thence S 110401 W 117.00 feet, thence S 010551 W-353-37 feet thence S $80251 E 427.20 feet, along the section line to the point of beginning & containing 5.301 acres of which 0.445 acres are in the county road R/W all of which is in the SW SE Section 30, T.3N. R.U.B.M., Ada County, Idaho, together with all water and water rights appurtenant thereto. and seal s the day and year first above written. 9IQNBA 81MAT D AND DBLTVDIiDD IN PRDBIDNOD OF y.......�.�f+ i4 ..� :-a- ............. [Seal] .................. ................................................................................................... ... �.. .. [Seal] ................................................................................... [Seal] .............•-------..................................................................................................................................................-••--••--..... [Seal] TENNESSEE STATE OF XZXMQ County of Davidson On this 44th day of Doostber in the year 19 52 , before me the undersigned, , a Notary Public in and for said State, personally appeared Clarence W. Christian and Fern 0. Christian, husband -and wife, known tome to be the persons whose names are subscribed to the within instrument, and acknowledged to me that the Y executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ...........! `�:......................... ..... ... ...... Notary Public for the State of idgj[j$, Tenn. Residing at ,Zd9Y$. Tenn. ?AY Commission Expires April LO, 1954 ko m g. ` y :VUs ID 02 104 LA o �'�('� V w m NST. N10. L � POE F_ i'?C: r_ . � DEED OF GIFT THIS INDENTURE, Made the day of June, in the year of our Lord one thousand nine hundred and sixty-five, between ALBERTSON'S, INC., a Nevada corporation, Party of the First Part, and JOINT SCHOOL DISTRICT NO. 2, of Ada and Canyon Counties, Idaho, Party of the Second Part, WITNESSETH: That the Party of the First Part, for and in consideration of the civic duty which said Party of the First Part has and bears unto the said Party of the Second Part, as also for the better maintenance, support, progress and livelihood of the said Party of the Secon4 Part, does by these presents give, transfer, alien and confirm unto the said Party of the Second Part, and to its heirs and assigns forever, all of the following described real estate, situated in the County of Ada, State of Idaho, to -wit: Commencing at the Southeast corner of Section 30, T. 3 N. , R. 1 E. , B. M., thence N. 88o 25' W. 2171. 67 feet along the section line to a point; thence North 572. 96 feet to a point; thence S. 88 25' E. 626. 95 feet to a point; thence South 29. 96 feet to a point on the present school boundary; thence proceeding around the school property N. 780 31' W. 150. 00 feet to a point; thence N. 860 02' W. 100. 00 feet to a point; thence S. 710 42' W. 100. 00 feet to a point; thence S. 350 56' W. 85. 00 feet to a point; thence S. 110 40' W. 117. 00 feet to a point; thence S. 010 55' W. 353. 37 feet to a point on the section line; thence N. 880 25' W. 199. 75 feet to the real point of beginning. Together, with all and singular, the tenements, hereditaments, and appur- tenances thereunto belonging, or in anywise appertaining, and the reversion and re- versions, remainder and remainders, rents, issues, and profits thereof, and the rents and profits thereof shall be applied to its sole and separate use. To have and to hold, all and singular the said premises, together with the appurtenances, unto the said Party of the Second Part, its heirs and assigns for- ever, as the separate property of the said Second Party and not in anywise com- munity property. TTT TtTTTITT mc' TvrTTT1T T"% . — 1 1 Tl_ —1 47. . T1.' -.—A. "_ —4. 1.— — L .. .. .. .....F.. --+ IN WITNESS WHEREOF, The said Party of the First Part has hereunto set its hand and seal the day and year first above written. (Corporate Seal) ATTEST: Secretary ALBERTSON'S, INC., a Nevada corporation i• By L, President i dPOK 5 PACt3 / / STATE OF IDAHO ) ss. County of Ada ) On this ,� day of June 1965, before me, the undersigned, a Notary Public in and for said County of Ada, State of Idaho, personally appeared J. L. BERLIN and A. L. LYONS, known to me to be, respectively, the PRESIDENT and SECRETARY of ALBERTSON'S, INC., the corporation that executed the within instrument and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. No ary Public he State of Idaht-23 Residing at Boise, Idaho ' (SEA;1). .z• My commission expires: Ada County, Idaho, se, R uest of M, Date AUG I o 196T Recorded Book .�z,• Of 14ri,, page ,,(- CL,ARENCE A. PLANTING RECdF2tlE1� �� �-� deputy CITY OF MERIDIAN PUBLIC WORDS DEPARTMENT 33 E. BROADWAY AVENUE, SUITE 200 MERIDIAN, IDAHO 83642 WATER MAIN DESIGN AND CONSTRUCTION AGREEMENT Project: Water Main Design and Construction Improvements in Coordination with Waterline Extension on Amity from Locust Grove to Meridian Road to West Harris Street Project, herein called "the Project". THIS AGREEMENT, made this _ 7 day of J:).Q a , 2016, between the City of Meridian acting by its Mayor and Council, by the City Engineer, or his authorized representative, herein called "City" and Dr Mary Ann Ranells, the Superintendent, Joint School District No 2, Meridian Idaho, herein called "Property Owner". The parties agree as follows: 1. The City agrees to include with the Project, design and construction of a new water main stub and water service connection to the existing school water system and fire main line and bid unit prices for the same to serve the Property Owner at the following location, Parcel S113438500 on the North side of East Amity Road. 2. After the bid opening and prior to the Notice to Proceed for the Project, the City will provide the Property Owner with the bid unit price information. If the costs of the improvements presented are acceptable, the Property Owner shall authorize the City, in writing, to have the improvements constructed and provide payment for the improvements, otherwise the improvements will be removed from the Project. 3. If, after the Project design has been completed, changes occur to these locations which are the result of changes by the Property Owner, the Property Owner agrees to reimburse the City for any and all expenses that may occur to facilitate the re -design. 4. The Property Owner understands that this contract is limited to the improvements listed above. It does not imply any other agreement between the parties, and does not include payment of annexation fees, assessment fees, or any other fees which may be required and will be due to the City at prevailing rates at the time when water or sewer service is requested. Property Owner and City have signed this Agreement as shown below. CITY OF MERIDIAN PROPERTY OWNER By: Dean Stacey. Project Manager i _ By: Dr. Marry Ann Ranells, Superintendent Printed N e Printed Name Name: L Name: Signature Signatu Date: Revised 7/09/2013 Date: � - 7- JW ADA COUNTY RECORDER Christopher D. Rich 2016-015014 BOISE IDAHO Pgs=S DAWN TRIVOLIS 021241201610:20 AM MERIDIAN CITY NO FEE ' II'lllll'll I' IIIIII�IIIII'lll�l II I IIIIII II' I�I �II 00186462201600160140060060 WATER MAIN EASEMENT 92) THIS INDENTURE, made this A day of o , , 20Jk between West Ada School District , the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Water Main Easement EASMT WAT 11-15-13.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: NA A PAA%A- AAlhg Dr. Mary anelIs, Superintendent STATE OF IDAHO ) . ss. County of Ada ) On this p�k day of F&YUAN 2016, before me, the undersigned, a Notary Public in and for said State, personal appeared Dr. Mary Ann Ranells, known or identified to me to be the Superintendent of West Ada School District, and who executed the within instrument, and acknowledged to me that West Ada School District executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fust above written. 4T j, %�OTA1ep PUBJ"V *00 4% OF OF NOTARY PUBLIC FOR IDAHO Residing at: A1, 4e4t, CdA" Commission Expires: 93 27- a l Water Main Easement EASMT WAT 11-15-13,doc GRANTEE: CITY OF MERIDIAN Tammy de a d, Mayor w 01yof EP1U� IAN�,-:. ` innuu Attest b ycee L. Holman, City Clerk S f�otlAa TPF AU�R�\P Approved By City Council On: 3 ox� �- STATE OF IDAHO, ) : ss County of Ada ) On this day of U-kxLxaYt1 201, before me, the undersigned, a Notary Public in and for said State, personallyAppeared Tammy de Weerd and Jaycee L. Holman, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. C:�Z� NOT Y PU)3-L—ICTQR4D1HO Residing at: MEVAA 0' 1_ Commission Expires: a o� Water Main Easement EASMT WAT 11-15-13.doe EXHIBIT A UTILITY EASMENT FOR THE CITY OF MERIDIAN, IDAHO WEST ADA SCHOOL DISTRICT MARY MCPHERSON ELEMENTARY SCHOOL PARCEL An easement located In the SE % of Section 30, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southeasterly cornerof said SE %, from which a brass cap monument marking the southwesterly corner of said SE'/, bears S 89049'20" W a distance of 2639.87 feet; Thence S 89°49'20" W along the southerly boundary of said SE % a distance of 1543.71 feet to a point; Thence leaving said southerly boundary N 1"43'59" W a distance of 25.01 feet to the POINT OF BEGINNING; Thence continuing N 1043'59" W a distance of 42.00 feet to a point; Thence S 89°49'20" W a distance of 27.81 feet to a point; Thence S 0°10'40" E a distance of 41.98 feet to a point, Thence N 89°49'20" E a distance of 28.95 feet to the POINT OF BEGINNING, This parcel contains 1,192 square feet (0.03 acres) and is subject to any other easements, existing or in use. Prepared by: Glenn K. Bennett, PLS SUNY " Civil Survey Consultants, Incorporated November 16, 2015 ox 2 i �A��� Of �o��° EXHIBIT B SKETCH TO ACCOMPANY UTILITY EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN L OCA TED IN THE SE 7/4 OF SECTION 30, TOWNSHIP 3 NORTH, RANGE I EAST, . BOISE MERIDIAN, ADA COUNTY, IDAHO WEST ADA SCHOOL DISTRICT MARY MCPHERSON ELEMENTARY SCHOOL SCALE- 1 "=20' S 89'49'20" W w:UTILITY Z C)i EASEMENT N -; p r Did 0 to I PRESCRIPTIVE RIGHT-OF-WAY N _28_95' 89'49'20" E POINT OF BEGINNING 1/4 I A 1096.16' S 89'49'20" W 2639.87' CIVIL SURVEY CONSULTANTS, INC. ° 2893 SOUTH MERIDIAN ROAD a MERIDIAN, IDAHO 83642 (208)888-4312 154,3.71' AMITY ROAD ,p.L LANG e -% ST 5082 0 c 9TH OF 30 29 332 i Meridian City Council Meeting DATE: July 12, 2016 ITEM NUMBER: 7E PROJECT NUMBER: ITEM TITLE: Purchasing and Parks Departments Joint Report: Purchasing and Parks Departments Joint Report: Discussion and Approval of a Construction Management at Risk Agreement in the amount of 5'/4% of the project construction costs and Preconstruction Services fee of a Not -To -Exceed amount of $17,350.00 for the Hillsdale Park 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 Memo To: Jacy Jones, City Clerk, From: Keith Watts, Purchasing Manager CC: Mike Barton, Jaycee Holman Date: 7-7-2016 Re: July 12th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the July 12th City Council Agenda under a joint Parks / Purchasing Department Report for Council's consideration. Discussion and Approval of a Construction Management at Risk Agreement in the amount of 5%% of the project construction costs and Preconstruction Services fee of a Not -To -Exceed amount of $17,350.00 for the Hillsdale Park project. Recommended Council Action: Approval of AIA Construction Management at Risk Agreement with The Russell Corporation for the Hillsdale Park project for 5'/4% of the project construction costs, and preconstruction services for the Not -To -Exceed amount of $17,350.00. Thank you for your consideration. 0 Page 1 v V.eeAIA Document A133'm - 2009 -Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price AGREEMENT made as of the 15°i day of June in the year Two Thousand Sixteen (In words, indicate day, onth and year;) BETWEEN the Owner (Name, legal stains and address) City of Meridian 33 E Broadway, Meridian, Idaho 83642 and the Construction Manager: (Name, .legal stairs 4hd address) The Russell Corporation- 1940 orporation1940 S. Bonito Way, Suite 150 Meridian, Idaho 83642 for the following Project: (Name and address or location) Hillsdale Park Meridian. Idaho 83642 =The Architect. -- address) Jensen Belts Asso_ciate_s _ 495 W Main SU Boise, Idaho 83702 The Owner's Designated Representative: (Name, address and other a formation) Mike Barton The Construction Manager's Designated Representative: (Narne, address and other information) I Mr. Neal Russell? Mr. Chris Jones -The Architect's Designated Representative: _(Name, address rn7d other, information) Bruce Taylor The Owner and Construction Manager agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added Information as well as revisions to the standard form text Is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has Important legal consequences. Consultation with an attorney is encouraged with respect to Its completion or modification. AIA Document A201 T1'-2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. Init. AIA Document Al 33T11 — 2009 (formerly Al21TMCMC — 2003). Copyright O 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved, WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. unauthorized reproduction or distribution of this AIA° 17ocument,, or any, portion of It,,may result In severe civil and criminal penatties, and will be prosecutQd to the maximum extent possible uhder the law. l This document was produced by AIA software at 12:50:54 on 07/06/2016 under Order No.9725696861_1 which expires on 01122/2017, and is not for resale. User Notes: (1363704107) TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES 3 ' OWNER'S RESPONSIBILITIES 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 6 COST OF THE WORK FOR CONSTRUCTION PHASE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 8 INSURANCE AND BONDS 9 DISPUTE RESOLUTION 10 TERMINATION OR SUSPENSION 91 MISCELLANEOUS PROVISIONS 12 SCOPE OF THE AGREEMENT ARTICLE 1 GENERAL PROVISIONS § 1.1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contact (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract and areas fully a part of the Contract as if attached to this Agreement or repeated herein. Upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal, the Contract Documents will also include the documents described in Section 2,2.3 and identified in the Guaranteed Maximum Price Amendment and revisions pr eparea by the Architect and furnished by the Owner as described in Section 2,2.8. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either�tten or oral. If anything in the other Contract Documents, other than a Modification, is inconsistent with this Agreement, this Agreement shall govern. § 1.2 Relationship of the Parties The Construction Manager accepts the relationship of trust and confidence established between it and the Owner by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Construction Manager's best skill and judgment in furthering the interests of the Owner; to fiirnish efficient construction administration, management services and supervision; to furnish at all times an adequate supply of workers and materials, to use its best efforts to manage the Project in the best and most sound way and in the most expeditious and economical manner consistent with the interests of the Owner; and to perform the Work in an expeditious and economical manner consistent with the Owner's interests. The Construction Manager acknowledges that it owes a contractual duty to the Owner for all of its construction management services in connection with the Project. The Construction Manager covenants and represents that it has the professional expertise, manpower, and capacity to undertake successfully the services that it shall provide herein to satisfactorily manage and complete the Project. The Owner agrees to furnish or approve, in a timely manner, information required by the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents. 1.3 General Conditions For the Preconstruction Phase, AIA Document A201TM 2007, General Conditions of the Contract for Construction, as revised for this project, shall apply only as specifically provided in this Agreement. For the Construction Phase, the general conditions of the contract shall be as set forth in A201-2007, as revised for this Project, which document is Init. AIA Document A133TM — 2009 (formerly A121 TNCMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING.• This'AIA*. Document It protected by UiS. Copyrlght LaW and International Treaties. Unsuthorized reproduetlon or dist'ributlon of this AIA° 2 Document, or any podton of It, may result in deirere civil and criminal penalties, and will b'd prosecuted to the maximum extent possible under the law. l This document was produced by AIA software at 12:50:54 on 07/06/2016 under Order No. 972ii696861 1 which expires on 01/22/2017, and is not for resale. User Notes: (1363704107) incorporated herein by reference. The term "Contractor" as used in A201-2007 shall mean the Construction Manager. ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES The Construction Manager's Preconstuction Phase responsibilities are set forth in Sections 2.1 and 2.2. The Construction Manager's Construction Phase responsibilities are set forth in Section 2.3. The Owner and Construction Manager may agree, in consultation with the Architect, for the Construction Phase to commence prior to completion of `the Preconstruction Phase, in which case, both phases will proceed concurrently. The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. ted) xchitect on ltruction M itect on cot ,►action; an prelimina Manager shall provide a preliminary evaluation of the Owner's program, schedule and mirements, each in terms of the other. anagen shall schedule and conduct meetings with the Architect and Owner to discuss such matters ess,I-coordination, and scheduling of the Work. The Construction Manager shall advise the Owner proposed site use and improvements, selection of materials, and building systems and equipment. anagen shall also provide recommendations consistent with the Project requirements to the Owner ►st•uctability; availability of materials and labor; time requirements for procurement, installation d factors related to construction cost including, but not limited to, costs of alternative designs or •y budgets, life -cycle data, and possible cost reductions. requirements in Section 3. 1.1 have been sufficiently identified, the Construction Manager shall allyupdate_a Project schedule for the Architect's review and the Owner's acceptance. The er shall obtain the Architect's approval f - the portion of the Project schedule relating to the krchtect's services. The Project schedule shall coordinate and integrate the Construction the Architect's services, other Owner consultants' services, and the Owner's responsibilities and auld affect the Project's timely completion. The updated Project schedule shall include the in ofthe Guaranteed Maximum Price proposal; components of the Work; times of completion required of each Subcontractor; ordering and delivery of products, including those that must be ordered well in advance of construction; and the occupancy requirements of the Owner. § 2.1.4 Phased Construction The Construction Manager shall_p •ovide recommendations with regard to accelerated or fast-track scheduling, procurement, orphasedconstruction. The Construction Manager shall take into consideration cost reductions, cost information, constructability, provisions for temporary facilities and procurement and construction scheduling issues. § 2.1.5 Preliminary Cost Estimates § 2.1.5.1 Based on the preliminary design and other design criteria prepared by the Architect, the Construction "Manager_shall prepare preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume or similar• conceptual estimating techniques for the Architect's review and Owner's approval. If the Architect or Construction Manager suggests alternative materials and systems, the Construction Manager shall provide cost evaluations of those alternative materials and systems. § 215.2 As the Architect progresses with the preparation of the Schematic Design, Design Development and -Const uct►on Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Gonstr action Manager and Architect, estimates of the Cost of the Work of increasing detail and refinement and allowing for the further development of the design until such time as the Owner and Construction Manager agree on a Guaranteed Maximum Price for the Work. Such estimates shall be provided for the Architect's review and the Owner's approval. The Construction Manager shall inform the Owner and Architect when estimates of the Cost of the Work exceed the latest approved Project budget and make recommendations for corrective action. § 2.1.6 Subcontractors and Suppliers Init. AIA Document A133TM'— 2009 (formerly A121*"CMc-2003). Copyright 01991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING. This 'AIAm Document Is protected by.U;$, Copyright Law and International Trestles. Unauthorized reproduction or distribution of -this AIA° 3 Document, or any portion of It, may resuh In severecivil and criminalpenaltles, and will be prosecuted to the maximum extent posslbie "under the law, t This documenlwas produced by AIA software at 12:50:54 on 07/06/2016 under Order No.9725696661 1 which expires on 01/22/2017, and is not for resale. User Notes: (1363704107) The Construction Manager shall develop bidders' interest in the Project. §111 -The Construction Manager shall prepare, for the Architect's review and the Owner's acceptance, a procurement schedule for items that must be ordered well in advance of construction. The Construction Manager shall expedite and coordinate the ordering and delivery of materials that must be ordered well in advance of construction. If the Owner agrees to procure any items prior to the establishment of the Guaranteed Maximum Price, the Owner shall procure the items on terms and conditions acceptable to the Construction Manager. Upon the establishment of the Guaranteed Maximum Price, the Owner shall assign all contracts for these items to the Construction Manager and the Construction Manager shall thereafter accept responsibility for them. § 2.1.8 Extent of Responsibility The Construction Manager shall exercise reasonable care in preparing schedules and estimates. The Construction Manager, however, does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price, The Construction Manager is not required to ascertain that the Drawings and Specifications are U- accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful --order's of public authorities, but the Construction Manager shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as :3he Architect may require, § 2.1.9 Notices and Compliance with Laws The Construction Manager shall__comply with applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to its performance under this Contract, and with equal employment opportunity programs, and other programs as may be required by governmental and quasi governmental authorities for § 2.2 Gu; ranteed Maximum Price Proposal and Contract Time a time to be mutually agreed upon by the Owner and the Construction Manager and in consultation with the the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner's review and e. The Guar atiteed Maximum Price in the proposal shall be the sum of the Construction Manager's estimate t of the Work, _including contingencies described in Section 2.2.4, and the Construction Manager's Fee. 2,2 To the extent that the Drawings and Specifications are anticipated to require fiuther development by the hitect, the Construction Manager shall provide in the Guaranteed Maximum Price for such further development sistent with the Contract Documents and reasonably inferable therefi•om. Such further development does not lude'such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if uired, shall be incorporated by Change Order. .2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of basis; which shal l include the following: -.1 A list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the .2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal, including assumptions under Section 2.2.2, to supplement the information provided by the Owner and contained in the Drawings and Specifications; .3 A statement of the proposed Guaranteed Maximum Price, including a statement of the estimated Cost of the Work organized by trade categories or systems, allowances, contingency, and the Construction Manager's Fee; .4 The anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based; and .5 A date by which the Owner must accept the Guaranteed Maximum Price. § 2.2.4 In preparing the Construction Manager's Guaranteed Maximum Price proposal, the Construction Manager shall include its icontingency for the Construction Manager's exclusive use to cover those costs considered reimbursable as the Cost of the Work but not included in a Change Order. § 2.2.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price proposal. In the event that the Owner and Architect discover any inconsistencies or inaccuracies in the information AIA Document A133TM — 2009 (formerly A121 T"'CMc — 2003). Copyright m 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Inst. WARNING: This AIA® Document la protected b U.S. copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 4 Document, or any portion of It, may result In severe oivll and criminal penalties, and will be prosecuted to the maximum extent possible under the law. / This document was produced by AIA software at 12:50:54 on 07/0612016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (1363704107) presented, they shall promptly notify the Construction Manager, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis, or both. § 2. 2.6 If the Owner notifies the Construction Manager that the Owner has accepted the Guaranteed Maximum Price proposal in writing before the date specified in the Guaranteed Maximum Price proposal, the Guaranteed Maximum Price proposal shall be deemed effective without further acceptance fi•om the Construction Manager. Following acceptance of a Guaranteed Maximum Price, the Owner and Construction Manager shall execute the Guaranteed Maximum Price Amendment amending this Agreement, a copy of which the Owner shall provide to the Architect. The Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based. 2:2.7 The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work described in Article 6 prior to the commencement of the Construction Phase, unless the Owner provides prior written authorization for such costs. § 2 2 8 The Owner shall authorize the Architect to provide the revisions to the Drawings and Specifications to incorporate the agreed-upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment. The Owner shall _prom ptly furnish those revised Drawings and Specifications to the Construction Manager as they are revised. The Construction Manager shall notify the Owner and Architect of any inconsistencies between the Guaranteed Maximum Price Amendment and the revised Drawings and Specifications. § 2.2.9 The Construction Manager shall include in the Guaranteed Maximum Price all sales, consumer, use and similar taxes for the Work provided by the Construction Manager that are legally enacted, whether or not yet effective, at the time the Guaranteed Maximum Price Amendment is executed. 2 210 The Co_nstuction Manager's submittal of the Guaranteed Maximum Price proposal for the Owner's review —and "acceptance shall constitute Construction Manager's representation and warranty to Owner that it has carefully and thoroughly examined the Contract Documents and found them to be reasonably coordinated, complete and suitable for construction of the Workin the Contract Time and for the Guaranteed Maximum Price. § 2.3 Construction Phase § 2.3..1 General § 2.3.1.1 For purposes of Section_8.1.2 of A201-2007, the date of commencement of the Work shall mean the date of commencement of the Construction Phase. 12.3.1.2 The Construction Phase shall commence upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal or the Owner's issuance of a Notice to Proceed, whichever occurs earlier. § 2.3.2 Administration § 2.3.2.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager's own personnel shall be performed under subcontracts or by other appropriate agreements with the Constt•ucti Manager. The Owner may designate specific persons from whom, or entities from which, the Construction Manager shall obtain bids. The Construction Manager shall obtain bids fi•om Subcontractors and fiom suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Owner. The Owner shall then determine, with the advice of the Construction Manager and the Architect, which bids will be accepted. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager -has reasonable objection. § 2.3.2.2 Ifthe;Guaranteed Maximum Price has been established and when a specific bidder (1) is recommended to the Owner by the Construction Manager, (2) is qualified to perform that portion of the Work, and (3) has submitted a bid that confor ms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that an6ther bid be accepted, then the Construction Manager may require that a Change Order be issued to ad'it the Contract Time and the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount and time requirement of the subcontract or other agreement actually signed with the person or entity designated by the Owner. Init. AIA Document A1331m - 2009 (formerly A1217MCIVIc —2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: ThIs AIA° Document is protected by U.S. Copyright Law and International Treaties. UnauthoTlzed reproductlon or distribution. of this AIA`0 5 Document, or anyportion of It, may result In severe civil acid criminal penaltles,os and will be prosecuted to the'tnaxlmum extent possible under the law. This documenlwas produced by AIA software at 12:60:54 on 07/06/2016 under Order No.9725696861_1 which expires on 01122/2017, and is not for resale. User Notes: (1363704107) § 2.3.2.3 Subcontracts or other agreements shall conform to the applicable payment provisions ofthis Agreement, and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner. If the Subcontract is awarded on a cost-plus a fee basis, the Construction Manager shall provide in the Subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager in Section 6.11 below. 1.3.2.4 If the Construction Manager recommends a specific bidder that may be considered a "related party" `according to Section 6. 10, then the Construction Manager shall promptly notify the Owner in writing of such relationship and notify the Owner of the specific nature of the contemplated transaction, according to Section 6.10.2. IS 2:3.2.5 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, .progress, coordination, scheduling, and status of the Work. The Construction Manager shall prepare and promptly dish•ibute minutes to the Owner and Architect. § 2.3.2.6 Upon the execution of the Guaranteed Maximum Price Amendment, the Construction Manager shall prepare and submit to the Owner and Architect a construction schedule for the Work and submittal schedule in accordance with Section 3.10 of -A20-1=2007. § 2.3.2.7 The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the Owner; the Construction Manager shall submit written progress reports to the Owner and Architect, showing percentages of completion and other information required by the Owner. The Construction Manager shall also keep and make available to the Owner and Architect, a daily log containing a record for each day of weather, po►ttons _of the Work in progress, number of workers on site, identification of equipment on site, problems that might -affect progress of the work, accidents, injuries, and other information required by the Owner and make available to the Owner and Architect:'` § 2.3.2.7.1 The Construction Manager shall develop and implement a change order control system using the Internet based Project Management software. § 2.3.2.7.2 The Construction Manager shall establish and implement a Quality Control program including monitoring the quality of all Subcontractors. _12.3.2.7.3 Monitor closely the progress of construction of each subcontractor, prepare a construction schedule report it least monthly, if and as necessary, prepare and submit recovery schedules. § 2.3.2.7.4 Furnish monthly reports concerning the progress of the work which address: (a) compliance with construction schedule, (b) status of testing and inspection activities performed by the Construction Manager and Subcontractors, (c) status of shop drawings and submittals, (d) status of change orders, (e ) status of MBE/WBE participation and (f) other matters relating to the progress of work as directed by Owner. § 2.3.2,8 The Construction Manager shall develop a system of cost control for the Work, including regular monitoring of actual costs for activities m piogress and estimates for uncompleted tasks and proposed changes. The Construction Manager shall identify variances between actual and estimated costs and report the variances to the Owner and Architect and shall provide this information in its monthly reports to the Owner and Architect, in accordance with Section 2.3.23 above: `§ 2.3.2.9 The Construction Manager shall be available to meet with the Owner's Governing Council as shall be reasonably scheduled by the Owner's designated representative, The Construction Manager shall attend, and, if requested by Owner, shall schedule and lead regular project and construction progress meetings, and conduct regular meetings at the site with each Subcontractor. All meetings shall be held at a location and time convenient to the Owner's Designated Representative. § 2 3 2,10 The Construction Manager shall assume responsibility for project safety in accordance with OSHA requirements. § 2.3.2.11 The Construction Manager shall ensure that existing and new construction, equipment, and improvements are adequately protected fi om the movement of heavy equipment, suppliers, materials, and pedestrian traffic. Init. AIA Document A133Tm — 2009 (formerly A121T"'CMe —2003). Copyright m 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved, WARNING: This AIA° Document is protected by U.S. Copyright LaW end Interrfational Trestles. Unauthorized reproduction of distribution of this AIA° 6 Document,, or any,podi6n of It, may result in severe civil And criminal penaltles, and will be prosecuted to the maximum eident possible under the law. / This document was produced by AIA software at 12:50:54 on 07/06/2016 under Order No.9725696861 1 which expires on 01122/2017, and is not for resale. User Notes: (1363704107) § 2.3.2.12 The Construction Manager shall work with the Owner's personnel to ensure that materials, supplies, equipment and all other items purchased by the Owner and stored at the jobsite are adequately protected fiom weather. "Protected" means wrapped in weather and water-proofed plastic or similar material, left on pallets or other elevated surface to protect fiom water damage, and any other measures required to safeguard the Owner-purchased material fi-om wind, rain, snow and extremes in temperature. § 2.3.2.13 The Construction Manager will work with the Owner to coordinate scheduling, installation of furniture, fixtures and equipment to be installed by Owner. The Construction Manager will work with the Owner to schedule, stage, and move Owner's personnel and operations into the building in an organized and systematic manner, so as to minimize personnel down=time. § 2.3.2.14 The Constl uction Manager shall implement procedures for reviewing and processing requests for information or clarifications and interpretations of the Contract Documents; shop drawings, samples, and all other. submittals, contract schedule adjustments, change order proposals, proposals for substitutions, payment applications, -as-built drawings, and maintenance of logs using the internet-based project management software. -§ 2.4 Professional Services Section 3.12. 10 of A201-2007 shall apply to both the Preconstruction and Construction Phases. § 2.5 Hazardous Materials Section 10.3 of A20142007 shall apply to both the Preconstruction and Construction Phases. ARTICLE 3 OWNER'S =RESPONSIBILITIES 31 Information- and Services Required of the Owner 31 1 The Owner shall provide information with reasonable promptness, regarding requirements for and limitations on the Pro(ect, including a written program which shall set forth the Owner's objectives, constraints, and criteria, including schedule, space requirements and relationships, flexibility and expandability, special equipment, systems, `sustainability and site requirements. § 3.1.2 Prior to the execution of the Guaranteed Maximum Price Amendment, the Construction Manager may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. Thereafter, the Construction Manager may only request such evidence if (1) the Owner fails to make payments to the Construction Manager as the Contract Documents require, (2) a change in the Work materially changes the Contract Sum, or (3) the Construction Manager identifies in writing a reasonable concern - regarding the Owner's ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Construction Manager and Architect § 3.1.3 The Owner shall establis=h and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Wo&its defined in Section 6.1.1, (2) the Owner's other costs, and (3) reasonable contingencies related to all of these costs 1f the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation vzith the Conshu_ctronManager, shall thereafter agree to a corresponding change in the Project's scope and quality. § 3.1.4 Structural and Environmental Tests, Surveys and Reports.. During the Preconstruction Phase, the Owner shall furnish the following information or services with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request for such information of ser vices: The Construction Manager shall be entitled to rely on the accuracy of information and services furnished by the Owrier but shall exercise proper precautions relating to the safe performance of the Work. § 31.4.1 The Owner shall furnish tests, inspections and reports required by law and as otherwise agreed to by the parties, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. Inst. AIA Document A133Tm — 2009 (formerly A121'mCMc — 2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA! Document Is protected by U.S. Copyright Law and International Treaties. unauthorized reproduction or distribution of this AIA! 7 6ocument, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:50:54 on 07/0812016 under Order No.9725696861 1 which expires on 01/22/2617, and is not for resale. User Notes: (1363704107) § 3.1.4.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed resh fictions, boundaries and contours of the site, locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. §3 1.4.3 The Owner, when such services are requested, shall furnish services of geotechnical engineers, which may ude but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations azardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations anticipating;subsoil conditions, with written reports and appropriate recommendations. 1.4.4 During'the Construction Phase, the Owner shall furnish information or services required of the Owner by the itract ts wi Documenth reasonable promptness. The Owner shall also furnish any other information or set -vices er the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable raptness afterreceiving the Construction Manager's written request for such information or services. 2 Owner's Designated Representative Owner shall identify_a representative authorized to act on behalf of the Owner with respect to the Project. The per's representative shall render decisions promptly and furnish information expeditiously, so as to avoid „asonable delay in the services or Work of the Construction Manager. Except as otherwise provided in Section 1 ofA201-2407, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's § 3.2 - J Legal Requirements. The Owner shall furnish all legal, insurance and accounting services, including auditing services that may be r easonably necessary at any time for the Project to meet the Owner's needs and interests. The Owner shall -retain anArchitectto provide services, duties and responsibilities as described in AIA Document B103TM-2007, Standard Form of Agreement Between Owner and Architect, as modified for this Project, including any additional services requested by the Construction Manager that are necessary for the Preconstruction and Construction Phase services under this Agreement. The Owner shall provide the Construction Manager a copy of the executed agreement between the Owner and the Architect, and any further modifications to the agreement. (Paragr-aphs deleted) ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES § 4.1 Compensation §4.1.1 For the Cons h uct_ion Manager's Preconstruction Phase services, the Owner shall compensate the Construction Manager as follows § 4.1.2 For the Construction Manager's Preconstruction Phase services described in Sections 2.1 and 2.2; ;(Insert amount of, or basis for, compensation and include a list of reimbursable cost items, as applicable.) Refer to AIA A142, Exhibit B § 4.1.3 If the Preconstruction Phase services covered by this Agreement have not been completed within ( ) months of the date of this Agreement, through no fault of the Construction Manager, the Construction Manager's compensation for Preconstruction Phase services shall be equitably adjusted. 14. 4 Compensation based on Direct Personnel Expense includes the direct salaries of the Construction Manager's personnel providing Preconstruction Phase services on the Project and the Construction Manager's costs for the mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. § 4.2 Payments AIA Document A133 rm — 2009 (formerly A121 T"CMc —2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA! Document Is protected,by U.S. Copyright Law and International Trestles, Unauthorized reproduction or distribution of this AIAe 8 Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the.maximutn extent poelsible under the law. / This document was produced by AIA software at 12:50:54 on 07/06/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (1363704107) § 4.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. § 4 2 2 Payments are due and payable upon presentation of the Construction Manager's invoice. Amounts unpaid ( ) days afteh the invoice date shall bear interest at the rate entered below:(Insert rate of monthly or annual interest agreed upon.) 0-%. statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions:- ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 51 For the Construction Manager's performance of the Work as described in Section 2.3, the Owner shall pay the Construction Manager, the Contract Sum in current funds. The Contract Sum is the Cost of the Work as defined in Section 6.1.1 plus the Construction Manager's Fee. § 5.1.1 The Construction Manager's Fee: (State a harp stall, percentage of Cost of the Work or other provision for determining the Construction Manager's Fee) 5 %4% on Cost of the Work: Bids (Subcontractors/ Suppliers), General Conditions, and Change Order Work. § 5.1.2 The method of adjustment of the Construction Manager's Fee for changes in the Work: § 5.1.3 Limitations, if any, on itSubcontractor's overhead and profit for increases in the cost of its portion of the Work, § 5.1.4 Rental rates for Construction Manager -owned equipment shall not exceed percent ( %) of the standard market -rate paid at the place of the Project. § 5.1.5 Unit prices, if any: (ldent� and state the unitprice; state the quantih) limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) § 5.2 Guaranteed Maximum Price § 5.2.1 The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth in the Guaranteed Maxitum Price Amendment, as it is amended from time to time. To the extent the Cost of the Work exceeds the Guaranteed Maximum Price, the Construction Manager shall bear such costs in excess of the Guaranteed _1V Wmm Ptl&jWhout reimbursement or additional compensation from the Owner. (Insert speck provisions if the Construction Manager is to participate in avp; savings) The savings shall be the difference as of the date of the Final Completion of the Work, between (1) the sum of the Cost of Work and the Contractor's Fee and (2) the Guaranteed Maximum Price. All savings shall be to the benefit of the Owner.. § 5.2.2 The Guaranteed Maximum Price is subject to additions and deductions by Change Order as provided in the Contract Documents and the Date of Substantial Completion shall be subject to adjustment as provided in the Contract Documents. § 5.3 Changes in the Work § 5.3.1 The Owner may, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions. The Owner shall issue such changes in writing. The AIA Document A1337M — 2009 (formerly A121 TMCMc —2003). Copyright ©1991, 2003 and 2009 by The American Institute of Arcnitects. All ngnrs reserves. Init. WARNING; Thls AIA° Document Is protected by U.S. Copyright LaW aitd International Treaties. Unauthorized reproduction or distribution of this AIA° 9 Document, or any portion of It, may result in severe clAl and criminal penaltles; and will, be'prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 12:50:54 on 07/06/2016 under Order No.9725696861_1 which expires on 01/2212017, and is not for resale. User Notes: (1363704107) Architect may make minor changes in the Work as provided in Section 7.4 of AIA Document A201 2007, General Conditions of the Contract for Construction. The Construction Manager shall be entitled to an equitable adjustment in the Contract Time and Cost as a result of changes in the Work. § 5.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of the Guaranteed Maximum Price Amendment may be determined by any of the methods listed in Section 7.3.3 of AIA Document A201-2007, General Conditions of the Contract for Construction. § 5.3.3 In calculating adjustments to subcontracts (except those awarded with the Owner's prior consent on the basis of cost plus a'fee), the te-f=ms "cost" and "fee" as used in Section 7.3.3.3 of AIA Document A201 2007 and the term "costs" as used_in Section 7.3.7 of AIA Document A201-2007 shall have the meanings assigned to them in AIA. Document A201-2007_dr d shall not be modified by Sections 5.1 and 5.2, Sections 6.1 through 6.7, and Section 6.8 of this Agreement. Adjustments to subcontracts awarded with the Owner's prior consent on the basis of cost plus a fee shall be calculated m accordance with the terms of those subcontracts. § 5.3.4 In calculating adjustments to the Guaranteed Maximum Price, the terms "cost" and "costs" as used in the above -referenced provisions of AIA Document A201-2007 shall mean the Cost of the Work as defined in Sections 6.1 to 6.7 of this Agreement and the term "fee" shall mean the Construction Manager's Fee as defined in Section 5.1 of this Agreement. § 5.3.5 If no specific provision is made in Section 5.1.2 for adjustment of the Construction Manager's Fee in the case of changes in the Work, or if the extent of such changes is such, in the aggregate, that application of the adjustment provisions of Section 5:1.2 will cause substantial inequity to the Owner or Construction Manager, the Construction action Manager's Fee shall be equitably adjusted on the same basis that was used to establish the Fee for the original Work, and the Guaranteed Maximum Price shall be adjusted accordingly. ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE 6.1 Costs to Be Reimbursed § 6.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper per form-ance ofthe Work. Such costs shall be at rates not higher than the standard paid at the place of the Project 'except with prior consent of the Owner. The Cost of the Work shall include only the items set forth in Sections 6.1 through 6.7. § 6.1.2 Where any cost is subject to the Owner's prior approval, the Construction Manager shall obtain this approval prior to ncuuing the cost. The parties shall endeavor to identify any such costs prior to executing Guaranteed Maximum Price Amendment. § 6.2 Labor Costs § 6 21 Wages of construction workers directly employed by the Construction Manager to perform the construction of Am Work atthe site or, with the Owner's prior approval, at off-site locations. § 6.2.2 The wages or salaries' of Construction Manager's supervisory and administrative personnel with Owner's prior written approval. Also the wages or salaries of Construction Manager's project manager and superintendent, regardless of where they fire stationed or located, but only for that portion of their time required for the Work. Personnel, rates and time shall be changed by Change Order as Scope of Work changes. (If it is intended that the wages or salaries of certain pef sonnel stationed at the Consb•nction Manager's principal or other ogices shall be included in the Cost of the Work, idents in Section 11. 5, the pe/sonnel to be included, whether for all or only part of their time, and the rates at which theh• time will be charged to the Work.) § 6.2.3 Wages and salaries of the Construction Manager's supervisory or administrative personnel engaged at factories, workshops or on the road, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. § 6.2,4 Costs paid or incurred by the Construction Manager for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Sections 6.2.1 through 6.2.3. AIA Document A133711— 2009 (formerly A121 T"CIVIc —2003). Copyright m 1991, 2003 and 2009 by The American Institute of Architects. An rigme reserveae Init. WARNING: This AIA! Document Is protected by U.S. Copyright Law and International Treatles. Unauthorized reproduction or distribution of this AIA 10 Document, or any portion of It, may result In severe civil'arid criminal penalties, and will be prosecuted to the maximum extent possible under the law. t This documentwas produced by AIA software at 12:50:54 on 07/06/2016 under order No.9725698861_1 which expires on 01/22/2017, and is not for resale.. user Notes: (1363704107) § 6.2.5 Bonuses, profit sharing, incentive compensation and any other discretionary payments paid to anyone hired by the Construction Manager or paid to any Subcontractor or vendor, with the Owner's prior approval. § 6.3 Subcontract Costs _Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts. § 6.4 Costs of Materials and Equipment Incorporated in the Completed Construction §._6.4.1 Costs, including transportation and storage, of materials and equipment incorporated or to be incorporated in the completed construction. § 6.4.2 Costs of materials described in the preceding Section 6.4.1 in excess of those actually installed to allow for reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner's property at the completion of the Wolk or, at the Owner's option, shall be sold by the Construction Manager. Any amounts realized from such `sales shall be credited to the Owner as a deduction from the Cost of the Work. § 6.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § 6.5.1 Costs Of tiansp6rWi6h, storage, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and fully consumed in the performance of the Work. Costs of materials, supplies, temporary facilities, machinery, equipment and tools that are not fully consumed shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site, Costs for items not fully consumed by the Construction Manager shall mean fair market value. § 6 5.2 Rental charges for temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and costs of transportation, installation, minor repairs, dismantling and removal. The total rental cost of any Construction Manager -owned item may not exceed the purchase pr ice of any comparable item. Rates of Construction Manager -owned equipment and quantities of equipment shall be s ectto the Owner's prior approval. § 6.5.3 Costs of r emoval 4--debris—from— the site of the Work and its proper and legal disposal. § 6.5.4 Costs of document reproductions, document plotting, facsimile transmissions and long-distance telephone calls, postage and parcel deliverycharges, telephone service required for the personnel identified in Section 6.2 and reasonable petty `cash expenses of the site office. § 6.5.5 That portion of the reasonable expenses of the Construction Manager's supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. § 6.5 .6 Costs -of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner's prior approval. § 6.6 Miscellaneous Costs § 6.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. Self-insurance for either full or partial amounts of the coverages required by the Contract Documents, with the Owner's prior approval. § 6.6,2 Sales, use or similar taxes imposed by a governmental authority that are related to the Work and for which the Const•uctton Manager is liable. 6 6.3 Fees and assessments for the building permit and for other permits, licenses and inspections for which the Construction Manager is required by the Contract Documents to pay. § 6.6.4 Fees of laboratories for tests required by the Contact Documents, except those related to defective or nonconforming Work for which reimbursement is excluded by Section 13.5.3 of AIA Document A201-2007 or by other provisions of the Contact Documents, and which do not fall within the scope of Section 6.7.3. Inst. AIA Document A1331m — 2009 (fonnerly A1217"'CMc —2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA! Document Is protected by U.S. Copyright Lew and International Treaties. Urlauthortzed reproduction br dlstribption of this AIA° 11 Document, or anyportion,o(ll, may result In severe civil and criminal pepaltle,s; and will be prosebuted lathe maximum extent possible under the law. This document was produced byAlA software at 12:50:54 on 07/06/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (1363704107) § 6.6.5 Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent rights arising fi•om such requirement of the Contract Documents; and payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims and payments of settlements made with the Owner's consent. However, such costs of legal defenses, judgments and settlements shall not be included in the calculation of the Construction Manager's -_-fee or subject to the Guaranteed Maximum Price. If such royalties, fees and costs are excluded by the last sentence of Section 3.17 of AIA Document A201-2007 or other provisions of the Contract Documents, then they shall not be included in the Cost of the Work. § 6.6.6 Costs for electronic, equipment, website services, internet services, information technology services and software, directly r elated to or consumed in the Work with the Owner's prior approval. § 6.6.7 Deposits lost fol causes other than the Construction Manager's negligence or failure to fulfill a specific responsibility in the Contract Documents. § 6.6.8 Legal, mediation and arbitration costs, including attorneys' fees, other than those arising from disputes betweenAhe Owner and Construction Manager, reasonably incurred by the Construction Manager and after the executioin of this-_ Agreement in the performance of the Work and with the Owner's prior approval, which shall not be unreasonably withheld. § 6.6.9 Subject to the Owner § 6 610 Costs for coni included under this AE whether`on site, at prig or approval, expenses incurred in accordance with the Construction Manager's for relocation and temporaty living allowances of the Construction Manager's erials, supplies, equipment, or other items required for the execution of Work, needed by the supervisory and administrative personnel identified in Section 6.2 or at other locations. § 6.6.11 Safety material, equipment, consumables and consulting service requited for the Work. § 6.6.12 Accountant fees associated with audits under Section 6.11. § 6.7 Other Costs and Emergencies § 6.7.1 Other costs incurred in the pefformance of the Work if, and to the extent, approved in advance in writing by the Owner. § 6.7.2 Costs incurred in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property, asprovided in Section 10.4 of AIA Document A201-2007. § 6.17.3'Costs .of repairing of correcting damaged or nonconforming Work executed by the Construction Manager, Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by negligence or failure to fulfill a specific responsibility of the Construction Manager and only to the extent that the cost of repair or -correction is not recovered l the Construction Manager fi•om insurance, sureties, Subcontractors, suppliers, or others. § 6.7.4 The costs described in Sections 6.1 through 6.7 shall be included in the Cost of the Work, notwithstanding any provision of AIA_ Document A201-2007 or other Conditions of the Contract which may require the Construction Manager to pay such costs, unless such costs are excluded by the provisions of Section 6.8. § 6.8 Cysts Not To Be Reimbursed 6.81 The Cost of the Work shall not include the items listed below: .1 Salaries and other compensation ofthe Construction Manager's personnel stationed at the Construction Manager's principal office or offices other than the site office, except as specifically provided in Section 6.2, or as may be provided in Article 11; .2 Expenses of the Construction Manager's principal office and offices other than the site office; .3 Overhead and general expenses, except as may be expressly included in Sections 6.1 to 6.7; AIA Document A1331m — 2009 (formerly A121 TMCMc — 2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. snit. WARNING: Thls,AIA° Document le protected by U S. Copyright Law and International Treaties. Unau, thotlzed,reproduction or diatrlbutlgn of this AIA° 12 Document, or any portion of'it, may result In 9eVere elvh and criminal Qenallles, ;and whl be prosecuted to the maximum ektent pos"sible underthe law. / This document was produced by AIA software at 12:50:54 on 07/06/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (1363704107) .4 5 .6 .7 .8 amounts recei, Manager shall § 6.9.2 Amout n� as The Construction Manager's capital expenses, including interest on the Construction Manager's capital employed for the Work; Except as provided in Section 6.7.3 of this Agreement, costs due to the negligence or failure of the Construction Manager, Subcontractors and suppliers or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable to fulfill a specific responsibility of the Contract; Any cost not specifically and expressly described in Sections 6.1 to 6.7; Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded; and Costs for services incurred during the Preconstruction Phase. id Refunds led on payments made by the Construction Manager shall accrue to the Owner if (1) the Construction Manager included them in an Application for Payment and received ,=(2) the Owner has deposited funds with the Construction Manager with which to make iscounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds and o_f surplus materials and equipment shall accrue to the Owner, and the Construction >ns so that they can be obtained. that accrue to the Owner in accordance with the provisions of Section 6.9.1 shall be credited to the ;tion f=rom the Cost of the Work. § 610.1 Fot purposes of Section 6.10, the term "related party" shall mean a parent, subsidiary, affiliate or other entity having common_ ownership or management with the Construction Manager; any entity in which any stockholder in, or management employee of, the Construction Manager owns any interest in excess of ten percent in the aggregate; or any person or entity which has the right to control the business or affairs of the Construction Manager. The term "related;party" includes any member of the immediate family of any person identified above. § 6.10.2`If any of the costs to be reimbursed arise from a transaction between the Construction Manager and a related party, the Construction Manager shall notify the Owner of the specific nature of the contemplated transaction, including the identity of the related party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If the Owner, after such notification, authorizes the proposed transaction, then the cost incurred shall be included as a cost to be -reimbursed, and the Construction Manager shall procure the Work, equipment goods or service fi•otri the related party, as a Subcontractor, according to the terms of Sections 2.3.2.1, 2.3.2.2;and 2.3:2.3. If the Owner fails to authorize the transaction, the Construction Manager shall procure the Work, equipment, goods or service from some person or entity other than a related party according to the terms of Sections 232.1,-23.2.2 and2.3.2.3. —� § 611 Accounting Records The Construction Manager shall keep full and detailed records and accounts related to the cost of the Work and exercise such controls as may be necessary for proper financial management under this Contract and to substantiate all costs incurred. The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Const uction Manager's records and accounts, including complete documentation supporting accounting entries- books, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor's proposals, purchase otders,`vouchers, memoranda and other data relating to this Contract. The Construction Manager shall preserve these records for a period of three years after final payment, or for such longer period as may be required by law. ARTICLE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES § 7.1 Progress Payments § 7.1.1 Based upon Applications for Payment submitted to the Architect by the Construction Manager and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Construction Manager as provided below and elsewhere in the Contract Documents. § 7.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the (Paragraphs deleted) AIA Document A133TM' — 2009 (formerly A1217mCMc — 2003). Copyright 01991, 2003 and 2009 by The American Institute of Architects. All rights reserves. Init. WARNING: Thls;AI0 Document Is protected by U.S. Copyright LaW and International Trestles. Unauthorized teproduptlon or distribution of this A10 13 Doeurrient, or any portlortof It, may result In severe civil 8ntl criminal penalties; and will be prosecuted to the maximum extent possible under the lew. I This document was produced by AIA software at�12:50:54 on 07106/2016 under Order No.9725696861_1 which expires on 01/2212017, and is not for resale. User Notes: (1363704107) month. § 7.1.3 Provided that an Application for Payment is received by the Architect not later than the First day of a month, the Owner shall make payment of the certified amount to the Construction Manager not later than the Tenth day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner as soon as the necessary approvals can reasonably be attained, not later than Forty-five ( 45 ) days after the Architect receives the Application for Payment. (Federal, state or local laths may require payment within a certain period of time) § 7.1.4 With each Application for Payment, the Construction Manager shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, Subcontractor's Application for Payment cover sheet, and any other evidence reasonably required by the Owner or Architect to demonstrate that cash disbursements already made by the Construction Manager on account of the Cost of the Work equal or exceed progress payments already -received by the Construction Manager, less that portion of those payments attributable to the Construction Manager's Fee, plus payrolls for the period covered by the present Application for Payment. 7.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Construction Manager in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among the various portions of the Work, except that the Construction Manager's Fee shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Construction Manager's Applications for Payment. § 7.1.6 Applications for• Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that por tion of the Work which has actually been completed, or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Construction Manager on account of that portion of the Work for which the Construction Manager has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § 7.1.7 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows. .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion ofthe Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201-2007; .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably sfored at the site for• subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 Add the Construction Manager's Feeless retainage of five percent (5%).. The Construction Manager's Fee shall be computed upon the Cost of the Work at the rate stated in Section 5.1 .4 Subtr act retarnaga-of five percent (5%) fi•om that portion of the Work that the Construction Manager self perfor ms; 5 Subtract the aggregate of previous payments made by the Owner; 6 Subh•act,the shortfall, if any, indicated by the Construction Manager in the documentation required by _ Section 7.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and .7 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007, as modified for this Project. 8 Subtract retainage of five percent (5%) of all amounts except for the Construction Manager's Fee, its General' Conditions, or other amounts provided for in the Agreement, § 7.1.8 The Owner and Construction Manager shall agree upon (1) a mutually acceptable procedure for review and approval of payments to Subcontractors, the Construction Manager shall execute subcontracts in accordance with those agreements. Five percent (5%) retainage shall be withheld on all Subcontractors. No Retainage shall withheld from payments to Suppliers or Construction Manager's Consultants. AIA Document A133T" — 2009 (formerly A121T"CMc— 2003). Copyright m 1991, 2003 and 2009 by The American Institute of Architects. All rights reservea. Init. WARNING: This AIA° Document Is protected by U.S. copyright Law and International Treaties. Unauthorized reproduction or distribution offthi's AI0 14 Document, or any portion of it, may_ result In severe civil and criminal panaitles and will be prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 12:50:54 on 07/06/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. (1363704107) User Notes: § 7.1_.9 Except with the Owner's prior approval, the Construction Manager shall not make advance payments to supplrers`for materials or equipment which have not been delivered and stored at the site. § 7.1.10 In taking action on the Construction Manager's Applications for Payment, the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager and shall not be deemed to represent that the Architect has made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Section 7.1.4 or other supporting data; that the Architect has made exhaustive or continuous on-site inspections; or that the Architect has made examinations to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner's auditors acting in the sole interest of the Owner. § 7.2 Final Payment § 7.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Construction Manager when .1 the Construction Manager has fully performed the Contact except for the Construction Manager's responsibility to correct Work as provided in Section 12.2.2 of ATA Document A201-2007, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Const action Manager has submitted a final accounting for the Cost of the Work and a final Application for Payment; and .3 a final Certificate for Payment has been issued by the Architect. The Owner's final payme-ntto the Construction Manager shall be made no later than Thirty (30) days after the issuance of the Architect's final Certificate for Payment. § 7.2,2 The Owner's auditors will review and report in writing on the Construction Manager's final accounting within =30 days after delivery of the final accounting to the Architect by the Construction Manager. Based upon such Cost of the Woxlc as the Owner's auditors report to be substantiated by the Construction Manager's final accounting, and provided the other conditions of Section 7.2.1 have been met, the Architect will, within seven days after receipt of the written report of the Owner's auditors, either issue to the Owner a final Certificate for Payment with a copy to the Const action Manager, or notify the Construction Manager and Owner in writing of the Architect's reasons for withholding a celtificate as provided in Section 9.5.1 of the AIA Document A201-2007. The time periods stated in this Section supersede those stated in Section 9.4.1 of the AIA Document A201-2007. The Architect is not responsible fot• verifying the accuracy of the Construction Manager's final accounting. § 7.2.3 If the Owner's auditors report the Cost of the Work as substantiated by the Construction Manager's final accounting to be less than claimed by the Construction Manager, the Construction Manager shall be entitled to request `mediation of the disputed amount without seeking an initial decision pursuant to Section 15.2 of A201-2007. A request for mediation shall be made by the Construction Manager within 30 days after the Construction Manager's receipt of a copy of the Architect's final Certificate for Payment. Failure to request mediation within this 30 day period shall result in the substantiated amount reported by the Owner's auditors becoming binding on the Const uction Manager, Pending;"nal resolution of the disputed amount, the Owner shall pay the Construction Manager the amount certified in the Architect's final Certificate for Payment. § 7. 2.4 If, subsequent to final payment and at the Owner's request, the Construction Manager incurs costs described in Section 64.l_ and not excluded by Section 6.8 to correct defective or nonconforming Work, the Owner shall reimburse theConstruction Manager such costs and the Construction Manager's Fee applicable thereto on the same basis as if ouch costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. If the Construction Manager has participated in savings as provided in Section 5.2. 1, the amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Construction Manager. Init. AIA Document A133TM — 2009 (formerly A121 TMCMC— 2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING; This.AI0 Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction ordlstribuilon of this Ado 15 Document, or any portion of it, may result In severe civil and criminal penalties; and will be prosecuted to the Maximum extent possible under the 'law. This documentwas produced by AIA software at 12:50:54 on 07/06/2016 under Order No.9725696861_1 which expires on 01122/2017, and is not f tf or resale. User Notes: ARTICLE 8 INSURANCE AND BONDS For all phases of the Project, the Construction Manager and the Owner shall purchase and maintain insurance, and the Construetion Manager shall provide bonds asset forth in Article 11 of AIA Document A201-2007. (State bonding requirements, if any, and limits of liabilityfor insurance required in Article 11 ofA74 Document A201=2007.) occurrer Automo not less damaee. The Type of Insurance or Bond sive General. Liability with policy limits of not less than Two Million Dollars ($2,000,000.00) for each and in the aggregate for bodily injury and property damage. Liability covering owned and rented vehicles operated by the Construction Manager with policy limits of n Two Million- Dollars ($2,000,000,00) combined single limit and aggregate for bodily injury and property Limit of Liability or Bond Amount ($0.00) Worker's Compensa Dollars ($1,000,000, ARTICLE 9 DISI § 91 My Claim -b set forth in this Ar ,. __ X4._ a condition party t( ion is f ager may use umbrella or excess liability insurance to achieve the required coverage for at Liability and Automobile Liability, provided that such umbrella or excess insurance results in rage as required or the individual policies. in at statutory limits and Employers Liability with a policy limit of not less than One Million fond. Bond amount shall be based on the value of the Guaranteed Maximum Price. tween theOwnerand Construction Manager shall be resolved in accordance with the provisions cle 9 and Article 15 of A201-2007. However, for Claims arising from or relating to the rer's.Pr- constt•uction Phase services, no decision by the Initial Decision Maker shall be required as nt to mediation or binding dispute resolution, and Section 9.3 of this Agreement shall not apply. all endeavor to resolve their disputes by mediation which, unless the parties mutually agree dministered by the parties, A request for mediation shall be made in writing and delivered to the 3ntract. The,request tray be made concurrently with the filing of litigation, but in the event e mediation shall proceed in advance of litigation, which shall be stayed pending mediation. t•eached in mediation shall be enforceable as settlement agreements in any court having I 1X) Litigation in a court of competent jurisdiction § 9.3 (Paragraph deleted) Any Mediation or trial rising out of or relating to the Contract shall be commenced and conducted in Ada County, Idaho. ARTICLE 10 TERMINATION OR SUSPENSION § 10.1 Termination Prior to Establishment of the Guaranteed Maximum Price § 10.1.1 Prior to the execution of the Guaranteed Maximum Price Amendment, the Owner may terminate this Agreement upon not less than seven days' written notice to the Construction Manager for• the Owner's convenience Inst. AIA Document A133TM' — 2009 (formerly A121 T"'CMc — 2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This;AIO Document Is protected by U.S. Copyright Law Internallonal Trestles. Unauthorized reproduction or distribution of this AIA* 16 Document, or anyportion oflt' may result In severepivil and criminal penalties, andwlltbe prosecuted to the maximum extent possible underthe law. t This document was produced by AIA software at 12:50:54 on 07/06/2016 under Order No.9725696861_1 which expires on 01/2212017, and Is n(1363704107) User Notes: and without cause, and the Construction Manager may terminate this Agreement, upon not less than seven days' written notice to the Owner, for the reasons set forth in Section 14. 1.1 of A201-2007. § 10.1.2 In the event of termination of this Agreement pursuant to Section 10.1.1, the Construction Manager shall be equitably compensated for Preconstruction Phase services performed prior to receipt of a notice of termination. In no event shall the Construction Manager's compensation under this Section exceed the compensation set forth in Section 4.1. § 10.1.3 If the Owner terminates the Contract pursuant to Section 10.1.1 after the commencement of the Construction Phase but prior to the execution of the Guaranteed Maximum Price Amendment, the Owner shall pay to the Const uction Manager an amount calculated as follows, which amount shall be in addition to any compensation paid to the Construction Manager under Section 10.1.2: .1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .2 - Add the Construction Manager's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 5.1 or, ifthe Construction Manager's Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed -sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and 3 Subtract -".aggregate of previous payments made by the Owner for Construction Phase services. The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equip►nent owned by the Construction Manager which the Owner elects to retain and which is not :otherwise included in the Cost of the Work under Section 10.1.3.1. To the extent that the Owner elects to take legal assignment of subcontracts andpurciiase orders (including rental agreements), the Construction Manager shall, as a condition of receiving the payments referred to in this Article 10, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders. All Subcontracts, purchase orders and rental agreements entered into by the Const action Manager will contain provisions allowing for assignment to the Owner as described above. Ifthe Owneraccepts assignment of subcontracts, purchase orders or rental agreements as described above, the Owner will reimburse of mdemnify the Construction Manager for all costs arising under the subcontract, purchase order or rental agreement, if those Costs would have been reimbursable as Cost of the Work if the contract had not been terminated. If the Owner chooses not to accept assignment of any subcontract, purchase order or rental agreement that would Have constituted a Cost oftheWork had this agreement not been terminated, the Construction Manager will terminate the subcontract, purchase order or rental agreement and the Owner will pay the Construction Manager the costs necessarily incurred by the Construction Manager because of such termination. § 10.2 Termination Subsequent to Establishing Guaranteed Maximum Price Following execution of the Guaranteed Maximum Price Amendment and subject to the provisions of Section 10.2.1 and 10.2.2 below, the Contract may be terminated as provided in Article 14 of AIA Document A201-2007. § 10.2.1 If the Owner terminates the Contract after execution of the Guaranteed Maximum Price Amendment, the amount payable to the Construction Manager pursuant to Sections 14.2 and 14.4 of A201-2007 shall not exceed the amount the Construction Manager would otherwise have received pursuant to Sections 10. 1.2 and 10. 1.3 of this `_Agreement. § 10.2.2 If the Construction Manager terminates the Contract after execution of the Guaranteed Maximum Price Amendment, the amount payable to the Construction Manager under Section 14.1.3 of A201-2007 shall not exceed the amount the, Construction Manager would otherwise have received under Sections 10.1.2 and 10. 1.3 above, except that the Construction Manager's Fee shall be calculated as if the Work had been fully completed by the Construction Manager, uthzing as necessary a reasonable estimate of the Cost of the Work for Work not actually completed. § 1013 -The parties acknowledge that the Project is located on a parcel of real property which shall be gifted to Owner by a third party (or parties), Since the gift of said real property has not yet been completed, the Owner shall have the right to terminate the Contract in the event Owner determines that it is unable to obtain clear title to such real property via gift. In the event of such a termination, the Construction Manager shall be equitably compensated for services AIA Document A1337" — 2009 (formerly A721 r^'CMc — 2003). Copyright ®1991, 2003 and 2009 by The American Institute of Arcnitects. wi ngnts reserveu. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distributionof this AIA* 17 Document, or any portion of it, may result In severe 1. civil and criminal -penalties, and willbe prosecuted t0 the maxlmulryextent posslblaunder the law. This document was produced by At software at 12:50:54 on 07/06/2016 under Order No.9725696861 1 which expires on 01/22/2017, and is not for resale. User Notes: performed prior to receipt of a notice of termination. In no event shall the Construction Manager's compensation under this Section exceed the compensation set forth in Section 4.1. If Owner is unable to obtain clear title to the real property upon which the Project is located prior to the time work on the site is required, Owner shall have the right to suspend the Work until such gift is completed. Otherwise, the Work may be suspended by the Owner or the Construction Manager as provided in Article 14 of AIA Document A201-2007, as modified for this Project, and in such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Section 143.2 of AIA Document A201-2007, as modified for this Project, except that the term "profit" shall be understood to mean the Construction Manager's Fee as described in Section 5.1 and 5.3.5 of this Agreement. ARTICLE 11 MISCELLANEOUS PROVISIONS § 11.1 Terms in this Agreement shall have the same meaning as those in A201-2007, as modified for this Project, § 11.4 The -O repres wltltot inanc ' Excep assign assign ton -ft 4 11.5 wnership and Use -of — Documents 1.5 of A2012007, asodified for this Project shall apply to both the Preconstruction and Construction ovenift Law _ 13.1 6fA201 2007, as modified for this Project shall apply to both the Preconstruction and Construction ssignment ner and Construction Manager, respectively, bind themselves, their agents, successors, assigns and legal tatives to this Agreement. Neither the Owner nor the Construction Manager shall assign this Agreement the written consent of the other, except that the Owner may assign this Agreement to a lender providing g for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. is provided in Section 13.2.2 of A201 2007, as modified for this Project, neither party to the Contract shall ie Contract as a whole without written consent of the other. If either patty attempts to make such an ent withot,such consent, that party shall nevertheless remain legally responsible for all obligations under the u a. The Rates are set per calendar year and subject to a three (3) percent cost of living increase every January 1' for the following year; =- § 11.5.1 Ownershall have the right to directly communicate with any person or entity related to the Project about any matter, whether or not such matter is related to the Project; provided, however, binding communications under this Agreement shall only be made through the proper protocols set forth in this Agreement, Owner shall not interfere with the Construction Manager's coordination of its Subcontractors and Suppliers. Construction Manager shall not prohibit, limit or condition any employee or subcontractor of any tier, or any other person, from separately communicating with Owner for any matter or purpose, whether or not such matter is related to the Project, except Where Owner has interfered with Construction Manager's coordination and management of its Subcontractors or Suppliers § 11.5.2 In the event of any controversy, claim or action being filed or instituted between the parties to interpret or enforce the terms of this Agreement or arising from the breach of any provision hereof (whether sounding in tort, corit;Wt`ot otherwise), the prevailing party shall be entitled to receive fi•om the other party reasonable attorneys' fees, court costs, expert witness fees and other costs and expenses of such action in any appeal there from. ARTICLE 12 SCOPE OF THE AGREEMENT § 12.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations, representations or agreements, either written or oral, This Agreement may be amended only by written instrument signed by both Owner and Construction Manager. Inst. AIA Document A133Tm —2009 (formerly A121 TmCMc — 2003). Copyright O 1991, 2003 and 2009 by The American institute or Arcrntects. rw rigncs rubVI VUU. WARNING; This AIA! Document Is protected by U.S.,Copyright Law And International Treaties. Unauthorized reproduction or distribution: of this AIA° 18 Doeunren`t, or any portion of It, may result in severe,cIvil and criminal penalties, and will be prosecuted to the maximurn extent possible under the law. / Thls document was produced by AIA software at 12:50:54 on 07/06/2016 under order No.9725696861_1 which expires on 01/22/2017, and Is not for resale. User Notes: AIA Document A133 - 2009 Exhibit A Guaranteed Maximum Price Amendment for the following PROJECT: (Name and address or location) Hillsdale Park Meridian, Idaho 83642 THE OWNER: (Name, legal status and address) City of Meridian THE CONSTRUCTION MANAGER: (Name, legal status and address) The Russell Corporation 1940 S. Bonito Way, Suite 150 Meridian, Idaho 83642 ARTICLE A.1 § A.1.1 Guaranteed Maximum Price Pursuant to Section 2.2.6 of the Agreement, the Owner and Construction Manager hereby amend the Agreement to establish a Guaranteed Maximum Price. As agreed by the Owner and Construction Manager, the Guaranteed Maximum Price is an amount that the Contract Sum shall not exceed. The Contract Sum consists of the Construction Manager's Fee plus the Cost of the Work, as that term is defined in Article 6 of this Agreement. § A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed . ($ ), subject to additions and deductions by Change Order as provided in the Contract Documents. § A.1.1.2 Itemized Statement of the Guaranteed Maximum Price. Provided below is an itemized statement of the Guaranteed Maximum Price organized by trade categories, allowances, contingencies, alternates, the Construction Manager's Fee, and other items that comprise the Guaranteed Maximum Price. (Provide below or reference an attachment) Refer to Exhibit § A.1.1.3 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the Contract Documents permit the Owner to accept other alternates subsequent to the execution of this Amendment, attach a schedule of such other alternates showing the amount for each and the date when the amount expires.) I NONE § A.1.1.4 Allowances included in the Guaranteed Maximum Price, if any: ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 TM -2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA Document A133Tm —2009 Exhibit A. Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Init. Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 1 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was I produced by AIA software at 12:43:46 on 04/20/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (1482975592) (Idents allowance and state exclusions, if any, from the allowance price) Item Exhibit Price ($0.00) § A.1.1.5 Assumptions, if any, on which the Guaranteed Maximum Price is based: Exhibit § A.1.1.6 The Guaranteed Maximum Price is based upon the following Supplementary and other Conditions of the Contract: Document Title Date § A.1.1.7 The Guaranteed Maximum Price is based upon the following Specifications: (Either list the Specifications here, or refer to an exhibit attached to this Agreement.) Exhibit Section Title Date § A.1.1.8 The Guaranteed Maximum Price is based upon the following Drawings: (Either list the Drawings here, or refer to an exhibit attached to this Agreement.) Exhibit Number Title Date Pages Pages § A.1.1.9 The Guaranteed Maximum Price is based upon the following other documents and information: (List any other documents or information here, or refer to an exhibit attached to this Agreement.) ARTICLE A.2 § A.2.1 The anticipated date of Substantial Completion established by this Amendment: Substantial Completion by OWNER (Signature) I (Printed name and title) CONSTRUCTION MANAGER (Signature) Mr. Neal Russell President (Printed name and title) AIA Document All 33 TM —2009 Exhibit A. Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Init. Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 2 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was t produced by AIA software at 12:43:46 on 04/20/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. (1482975592) User Notes: Additions and Deletions Report for AIA® Document A 133m — 2009 Exhibit A This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 12:43:46 on 04/20/2016. PAGE Hillsdale Park Meridian, Idaho 83642 City of Meridian The Russell Corporation 1940 S. Bonito Wav, Suite 150 Meridian, Idaho 83642 § A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed _($ ), subject to additions and deductions by Change Order as provided in the Contract Documents. Refer to Exhibit NONE PAGE 2 Exhibit Exhibit Exhibit Exhibit Additions and Deletions Report for AIA Document A133 TM — 2009 Exhibit A. Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 1 distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:43:46 on 04/20/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (1482975592) Substantial Completion by Mr. Neal Russell President Additions and Deletions Report for AIA Document A1331m —2009 Exhibit A. Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or2 distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:43:46 on 04/20/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (1482975592) Certification of Document's Authenticity AIA® Document D401 TM — 2003 I, Nicole Russell Willis, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 12:43:46 on 04/20/2016 under Order No. 9725696861_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A133TM — 2009 Exhibit A, Guaranteed Maximum Price Amendment, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401 TM —2003, Copyright ©1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:43:46 on 04/20/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (1482975592) • • AIA Document A142TM - 2004 Exhibit Preconstruct►on Services for the following PROJECT: (Name and location or address) Hillsdale Park Preconstruction Phase THE OWNER: (Name, legal status and address) City of Meridian Meridian, Idaho 83642 THE CONTRACTOR: (Name, legal status and address) The Russell Corporation 1940 S Bonito Way Suite 150 Meridian, Idaho 83642 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Consultation with an attorney is also encouraged with respect to professional licensing requirements in the jurisdiction where the Project is located. AIA Document A142 TM — 2004 Exhibit B. Copyright © 2004 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA I software at 10:41:04 on 05/09/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (1482113593) ARTICLE B.1 SCOPE OF PRECONSTRUCTION SERVICES (Describe the Cont) -actor's preconstrfrction sendces, if any.) Refer to Preconstruction Services Proposal dated June 15, 2015. ARTICLE B.2 COMPENSATION FOR PRECONSTRUCTION SERVICES The Owner shall compensate the Contractor for preconstruction services as follows: (Describe the method for determining the Contractor's compensation and indicate whether such compensation is included in the Contract Sum) Refer to Preconstruction Services Proposal dated June 15, 2015. AIA Document A142W — 2004 Exhibit B. Copyright© 2004 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may 2 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA t software at 10:41:04 on 05/09/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (1482113593) Additions and Deletions Report for AIA® Document A 1427A" — 2004 Exhibit B This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 10:41:04 on 05/09/2016. Hillsdale Park Preconstruction Phase THE WNER: City of Meridian Meridian, Idaho 83642 The Russell Corporation 1940 S Bonito WU Suite 150 Meridian, Idaho 83642 PAGE 2 Refer to Preconstruction Services Proposal dated June 15, 2015. The Design -Builder -Owner shall compensate the Contractor for preconstruction services as follows: Refer to Preconstruction Services Proposal dated June 15, 2015. Additions and Deletions Report for AIA Document A142TM — 2004 Exhibit B. Copyright© 2004 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:41:04 on 05/09/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (1482113593) 1111,AIA TM Document A201 -2007 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address) Hillsdale Park Meridian, Idaho THE OWNER: (Name, legal status and address) City of Meridian Meridian, Idaho 83642 THE ARCHITECT: (Name, legal status and address) TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ARCHITECT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 1 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the I maximum extent possible under the law. This documentwas produced byAlA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) INDEX (Topics and numbers in bold are section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.4.2, 13.7, 14.1, 15.2 Addenda 1.1.1, 3.11 Additional Costs, Claims for 3.7.4, 3.7.5, 6.1.1, 7.3.7.5, 10.3, 15.1.4 Additional Inspections and Testing 9.4.2, 9.8.3, 12.2.1, 13.5 Additional Insured 11.1.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.5 Administration of the Contract 3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13 Allowances 3.8, 7,3.8 All-risk Insurance 11.3.1, 11.3.1.1 Applications for Payment 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7, 9.10, 11.1.3 Approvals 2.1.1, 2.2.2, 2.4, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12. 10, 4.2.7, 9.3.2, 13.5.1 Arbitration 8.3.1, 11.3.10, 13.1, 15.3.2, 15.4 ARCHITECT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.4, 3.12.7, 4.1, 4.2, 5.2, 6.3, 7.1.2, 7.3.7, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4, 15.1.3, 15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9.4.2, 9.5.3, 9.6.4, 15.1.3, 15.2 Architect's Additional Services and Expenses 2.4, 11.3.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 Architect's Administration of the Contract 3.1.3, 4.2, 3.7.4, 15.2, 9.4.1, 9.5 Architect's Approvals 2.4, 3.1.3, 3.5, 3.10.2, 4.2.7 Architect's Authority to Reject Work 3.5, 4.2.6, 12.1.2, 12.2.1 Architect's Copyright 1.1.7, 1.5 Architect's Decisions 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.5.2, 15.2, 15.3 Architect's Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.5 Architect's Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.5.2 Architect's Interpretations 4.2.11, 4.2.12 Architect's Project Representative 4.2.10 Architect's Relationship with Contractor 1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3. 18, 4.1.2, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.4.2, 13.5, 15.2 Architect's Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3.7 Architect's Representations 9.4.2, 9.5.1, 9.10.1 Architect's Site Visits 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 Asbestos 10.3.1 Attorneys' Fees 3.18.1, 9.10.2, 10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1, 5.2.1, 11.4.1 Binding Dispute Resolution 9.7, 11.3.9, 11.3.10, 13.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.4.1 Boiler and Machinery Insurance 11.3.2 Bonds, Lien 7.3.7.4, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.7.4, 9.6.7, 9.10.3, 11.3.9, 11.4 Building Permit 3.7.1 AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 2 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAlA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/2212017, and is not for resale. User Notes: (892563302) Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 Certificates for Payment 4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.3 Certificates of Inspection, Testing or Approval 13.5.4 Certificates of Insurance 9.10.2, 11.1.3 Change Orders 1.1.1, 2.4, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.6, 7.3.9, 7.3.10, 8.3. 1, 9.3.1.1, 9.10.3, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2, 15.1.3 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 2.2.1, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3. 1. 1, 11.3.9 Claims, Definition of 15.1.1 CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4 Claims and Timely Assertion of Claims 15.4.1 Claims for Additional Cost 3.2.4, 3.7.4, 6.1.1, 7.3.9, 10.3.2, 15.1.4 Claims for Additional Time 3.2.4, 3.7.4, 6.1.1, 8.3.2, 10.3.2, 15.1.5 Concealed or Unknown Conditions, Claims for 3.7.4 Claims for Damages 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 Claims Subject to Arbitration 15.3.1, 15.4.1 Cleaning Up 3.15, 6.3 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.3.1, 11.3.6, 11.4. 1, 15.1.4 Commencement of the Work, Definition of 8.1.2 Communications Facilitating Contract Administration 3.9.1, 4.2.4 Completion, Conditions Relating to 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9. 1, 9.10, 12.2, 13.7, 14.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 13.7 Compliance with Laws 1. 6, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 10.2.2, 11.1, 11.3,13.1,13.4,13.5.1,13.5.2,13.6,14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 6.1.1, 6.1.4 Consent, Written 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.3.1, 13.2, 13.4.2, 15.4.4.2 Consolidation or Joinder 15.4.4 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1 Construction Schedules, Contractor's 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.3 Contract, Definition of 1.1.2 CONTRACT, TERIVIINATION OR SUSPENSION OF THE 5.4.1.1, 11.3.9, 14 Contract Administration 3.1.3, 4,9.4,9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2, 6.1, 11.1.3, 11.3.6, 11.4.1 Contract Documents, Copies Furnished and Use of 1.5.2, 2.2.5, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 3.7.4, 3.8, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.3.1, 14.2.4, 14.3.2, 15.1.4, 15.2.5 Contract Sum, Definition of 9.1 Contract Time 3.7.4, 3.7.5, 3.10.2, 5.2.3, 7.2.1.3, 7.3.1, 7.3.5, 7.4, 8.1.1, 8.2.1, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 14.3.2, 15.1.5.1, 15.2.5 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 AIA Document A201 TM —2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 3 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) Contractor's Construction Schedules 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Contractor's Employees 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1 Contractor's Liability Insurance 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.3.7, 12.1.2, 12.2.4 Contractor's Relationship with Subcontractors 1.2.2, 3.3.2, 3.18.1, 3.18.2, 5, 9.6.2, 9.6.7, 9.10.2, 11.3.1.2, 11.3.7, 11.3.8 Contractor's Relationship with the Architect 1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.5, 15.1.2, 15.2.1 Contractor's Representations 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor's Responsibility for Those Performing the Work 3.3.2,3,18,5.3,6.1.3,6.2,9.5.1,10.2.8 Contractor's Review of Contract Documents 3.2 Contractor's Right to Stop the Work 9.7 Contractor's Right to Terminate the Contract 14.1, 15.1.6 Contractor's Submittals 3.10, 3.11, 3.12.4, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3, 11.1.3, 11.4.2 Contractor's Superintendent 3.9, 10.2.6 Contractor's Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.5, 7.3.7, 8.2, 10, 12, 14, 15.1.3 Contractual Liability Insurance 11.1.1.8, 11.2 Coordination and Correlation 1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.2.5, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.3, 2.4, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.7 Costs 2.4, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.7, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.3, 12.1.2, 12.2.1, 12.2.4, 13.5, 14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 11.1.1, 11.3, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 11.3.1, 12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11. 1. 1, 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 Damages for Delay 6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 15.2, 6.3, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.5.2, 14.2.2, 14.2.4, 15.1, 15.2 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.3, 2.4, 3.5, 4.2.6, 6.2.5, 9.5.1, 9.5.2, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Definitions 1. 1, 2.1.1, 3.1.1, 3.5, 3.12.1, 3.12.2, 3.12.3, 4. 1. 1, 15.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1 Delays and Extensions of Time 3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.5, 15.2.5 Disputes 6.3, 7.3.9, 15.1, 15.2 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 3.11 Effective Date of Insurance 8.2.2, 11.1.2 Emergencies 10.4, 14.1.1.2, 15.1.4 Employees, Contractor's 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1 Equipment, Labor, Materials or 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15. 1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 4 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3.3.1, 3.4.1, 3.5, 3.7.1,3.10.1,3.12,3.14,4.2,6.2.2,7.1.3,7.3.5,8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3 Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 10.4, 14.3, 15.1.5, 15.2.5 Failure of Payment 9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.3.1, 11.3.5, 12.3, 14.2.4, 14.4.3 Financial Arrangements, Owner's 2.2.1, 13.2.2, 14.1.1.4 Fire and Extended Coverage Insurance 11.3.1.1 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials 10.2.4, 10.3 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.10.2, 10.3.3, 10.3.5, 10.3.6, 11.3.1.2, 11.3.7 Information and Services Required of the Owner 2.1.2, 2.2, 3.2.2, 3.12.4, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Decisions 14.2.2, 14.2.4, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Initial Decision Maker, Extent of Authority 14.2.2, 14.2.4, 15.1.3, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property 10.2.8, 10.4 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.5 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.5.2 Instruments of Service, Definition of 1.1.7 Insurance 3.18.1, 6.1.1, 7.3.7, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 11 Insurance, Boiler and Machinery 11.3.2 Insurance, Contractor's Liability 11.1 Insurance, Effective Date of 8.2.2, 11.1.2 Insurance, Loss of Use 11.3.3 Insurance, Owner's Liability 11.2 Insurance, Property 10.2.5, 11.3 Insurance, Stored Materials 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1 Intent of the Contract Documents 1.2.1, 4.2.7,4.2.12, 4.2.13, 7.4 Interest 13.6 Interpretation 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15.1.1 Interpretations, Written 4.2.11, 4.2.12, 15.1.4 Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1. 5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9. 1, 10.2.2, 11.1.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14, 15.2.8, 15.4 Liens 2.1.2, 9.3.3, 9.10.2, 9.10.4, 15.2.8 Limitations, Statutes of 12.2.5, 13.7, 15.4.1.1 Limitations of Liability 2.3, 3.2.2, 3.5, 3.12.10, 3.17, 3.18.1, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 10.2.5, 10.3.3, 11.1.2, 11.2, 11.3.7, 12.2.5, 13.4.2 Limitations of Time 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.3.1.5, 11.3.6, 11.3.10, 12.2, 13.5, 13.7, 14, 15 Loss of Use Insurance 11.3.3 Material Suppliers 1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.6, 9.10.5 Materials, Hazardous 10.2.4, 10.3 AIA Document A20110-2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized rJ reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) Materials, Labor, Equipment and 1.1.3, 1.1.6, 1.5.1, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Mechanic's Lien 2.1.2, 15.2.8 Mediation 8.3.1, 10.3.5, 10.3.6, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.1 Minor Changes in the Work 1. 1. 1, 3.12.8, 4.2.8, 7.1, 7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1.1.2, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2, 11.3.1 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.3, 2.4, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Notice 2.2.1, 2.3, 2.4, 3.2.4, 3.3.1, 3.7.2, 3.12.9, 5.2.1, 9.7, 9.10, 10.2.2, 11.1.3, 12.2.2.1, 13.3, 13.5.1, 13.5.2, 14.1, 14.2, 15.2.8,15.4.1 Notice, Written 2.3, 2.4, 3.3.1, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 9.7, 9. 10, 10.2.2,10.3, 11.1.3, 11.3.6, 12.2.2.1, 13.3, 14, 15.2.8, 15.4.1 Notice of Claims 3.7.4, 10.2.8, 15.1.2, 15.4 Notice of Testing and Inspections 13.5.1, 13.5.2 Observations, Contractor's 3.2, 3.7.4 Occupancy 2.2.2, 9.6.6, 9.8, 11.3.1.5 Orders, Written 1. 1. 1, 2.3, 3.9.2, 7, 8.2.2, 11.3.9, 12.1, 12.2.2.1, 13.5.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Information and Services Required of the 2.1.2, 2.2, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.3, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 Owner's Authority 1. 5, 2.1.1, 2.3, 2.4, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.1.3, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.1.3, 11.3.3, 11.3.10, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 15.2.7 Owner's Financial Capability 2.2.1, 13.2.2, 14.1.1.4 Owner's Liability Insurance 11.2 Owner's Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner's Right to Carry Out the Work 2.4, 14.2.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the Work 2.3 Owner's Right to Suspend the Work 14.3 Owner's Right to Terminate the Contract 14.2 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.6, 1.1.7, 1.5, 2.2.5, 3.2.2, 3.11, 3.17, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9, 11.3.1.5 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9. 10. 1, 14.2.3, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2 Payment, Final 4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.4.1, 12.3, 13.7, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.7.4, 9.6.7, 9.10.3, 11.4 Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 PCB 10.3.1 AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 6 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) Performance Bond and Payment Bond 7.3.7.4, 9..6.7, 9.10.3, 11.4 Permits, Fees, Notices and Compliance with Laws 2,2.2, 3.7, 3.13, 7.3.7.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3,12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 Progress and Completion 4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.3 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 Project, Definition of 1.1.4 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.3 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.5,3.2.3,3.6,3.7,3.12.10,3,13,4.1.1,9.6.4,9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14, 15.2.8, 15.4 Rejection of Work 3.5, 4.2.6, 12.2.1 Releases and Waivers of Liens 9.10.2 Representations 3.2.1, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.8.2, 9.10.1 Representatives 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.1, 4.2.2, 4.2.10, 5.1.1, 5.1.2, 13.2.1 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5. 1, 10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 3.2, 3.12.7, 6.1.3 Review of Contractor's Submittals by Owner and Architect 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1.1.2,2.3,2.4,3.5,3.7.4,3.15.2,4.2.6,5.3,5.4,6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, 13.4, 14, 15.4 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 15.4.1 Safety of Persons and Property 10.2, 10.4 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3, 10.1, 10.2, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Separate Contracts and Contractors 1. 1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.4.2, 9.10.1, 13.5 Site Visits, Architect's 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 Special Inspections and Testing 4.2.6, 12.2.1, 13.5 Specifications, Definition of 1.1.6 Specifications 1.1.1,1.1.6, 1.2.2, 1.5, 3.11, 3.12.10, 3.17, 4.2.14 Statute of Limitations 13.7, 15.4.1.1 Stopping the Work 2.3, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1 Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.7, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3, 11.1.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1, 11.3.7 AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 7 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAlA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) Substantial Completion 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 13.7 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 4.1.3 Substitutions of Materials 3.4.2, 3.5, 7.3.8 Sub -subcontractor, Definition of 5.1.2 Subsurface Conditions 3.7.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2,3.3,3.4,3.12.10,4.2.2,4.2.7,6.1.3,6.2.4,7,1.3, 7.3.7, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.3 Surety 5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2, 15.2.7 Surety, Consent of 9.10.2, 9.10.3 Surveys 2.2.3 Suspension by the Owner for Convenience 14.3 Suspension of the Work 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.8.2.1, 7.3.7.4 Termination by the Contractor 14.1, 15.1.6 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.6 Termination by the Owner for Convenience 14.4 Termination of the Architect 4.1.3 Termination of the Contractor 14.2.2 TERDIINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 11.4.1, 12.2.1, 13.5 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.5, 15.2.5 Time Limits 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4. 1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 12.2, 13.5, 13.7, 14, 15.1.2, 15.4 Time Limits on Claims 3.7.4, 10.2.8, 13.7, 15.1.2 Title to Work 9.3.2, 9.3.3 Transmission of Data in Digital Form 1.6 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices 7.3.3.2, 7.3.4 Use of Documents 1.1.1, 1. 5, 2.2.5, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.4.2 Waiver of Claims by the Contractor 9.10.5, 13.4.2, 15.1.6 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.4.2, 14.2.4, 15.1.6 Waiver of Consequential Damages 14.2.4, 15.1.6 Waiver of Liens 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.3.7 Warranty 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2, 13.7 Weather Delays 15.1.5.2 Work, Definition of 1.1.3 Written Consent 1. 5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.4.1, 13.2, 13.4.2, 15.4.4.2 Written Interpretations 4.2.11, 4.2.12 Written Notice 2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 5.2.1, 8.2.2, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 12.2.2, 12.2.4, 13.3, 14, 15.4.1 Written Orders 1.1.1, 2.3, 3.9, 7, 8.2.2, 12.1, 12.2, 13.5.2, 14.3.1, 15.1.2 AIA Document A201 TM —2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American [nit. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 8 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible underthe law. This document was produced by AIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01122/2017, and is not for resale. User Notes: (892563302) ARTICLE 1 GENERAL PROVISIONS § 1.1 BASIC DEFINITIONS § 1,1.1 THE CONTRACT DOCUMENTS The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor's bid or proposal, or portions of Addenda relating to bidding requirements. § 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect's consultants, (2) between the Owner and a Subcontractor or a Sub -subcontractor, (3) between the Owner and the Architect or the Architect's consultants or (4) between any persons or entities other than the Owner and the Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. § 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. § 1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by separate contractors. § 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. § 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. § 1.1.7 INSTRUMENTS OF SERVICE Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect's consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 1.1.8 INITIAL DECISION MAKER The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2 and certify termination of the Agreement under Section 14.2.2. The Initial Decision maker is the Owner. § 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 9 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) § 1.2.1 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.2 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. (Paragraph deleted) § 1.3 CAPITALIZATION Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architects. § 1.4 INTERPRETATION In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.4.1 In the event of conflicts, inconsistencies, discrepancies or ambiguities between or among the Contract Documents not resolved by Addenda, interpretations shall be based on the following order of precedence: .1 modifications of the Agreement, with those of later date having precedence over those of earlier date, .2 the Agreement; .3 these Terms and Conditions .4 Addenda, with those of later date having precedence over those of earlier date; .5 the Drawings, with those in larger scale having precedence over those in smaller scale, and with notes and schedules thereon having precedence over the remainder of the drawings; and .6 the Specifications. § 1.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE § 1.5.1 The Architect and the At consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and other reserved rights, including copyrights. The Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' reserved rights. § 1.5.2 The Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers are authorized to use and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and Architect's Consultants.. § 1.6 TRANSMISSION OF DATA IN DIGITAL FORM If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the Agreement or the Contract Documents. ARTICLE 2 OWNER § 2.1 GENERAL § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval, agreement,or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. § 2.1.2 The Owner shall furnish to the Contractor within seven days after receipt of a written request, information reasonably necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 10 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced byAIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein. § 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 2.2.1 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. Thereafter, the Contractor may only request such evidence it (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment die when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. (Paragraph deleted) § 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. § 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information fifrnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.2.4 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Contractor's performance of the Work with reasonable promptness after receiving the Contractor's written request for such information or services. § 2.2.5 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.2.6 The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner and the Architect but shall exercise proper precautions relating to the safe performance of the Work. § 2.3 OWNER'S RIGHT TO STOP THE WORK If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. § 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Architect's additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR § 3.1 GENERAL § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American ]nit. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 11 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This documentwas produced by AIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) authority to bind the Contractor with respect to all matters under this Contract. The tenn "Contractor" means the Contractor or the Contractor's authorized representative. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. (Paragraph deleted) § 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. § 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor's notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall make Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. § 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner -required means, methods, techniques, sequences or procedures. The Contractor shall manage and coordinate all Subcontractors and others engaged in the performance of the Work. AIA Document A201 T" — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,-1987,1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 12 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This documentwas produced byAIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors. § 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. § 3.3.4 The Contractor shall provide and maintain a construction office at the site. § 3.4 LABOR AND MATERIALS § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections 3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 3.5 WARRANTY The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. The Contractor further warrants that the Work will comply with applicable laws and industry standards, and shall be performed or installed in accordance with all manufacturers' requirements, recommendations and guidelines unless otherwise specified in the Contract Documents. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.6 TAXES The Contractor shall pay sales taxes for the materials provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 3.7 PERMITS, FEES, NOTICES AND COMPLIANCE WITH LAWS § 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. § 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the AIA Document A201 TM —2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 13 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible underthe law. This documentwas produced byAlA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 7 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect determines that they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor in writing, stating the reasons. If either party disputes the Architect's determination or recommendation, that party may proceed as provided in Article 15. § 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. § 3.8 ALLOWANCES § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents, .1 Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and .3 Whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor's costs under Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. § 3.9 SUPERINTENDENT § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. The superintendent shall continuously supervise and observe all work in progress so as to ensure that the Work is proceeding in accordance with the Contract Documents. § 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the name and qualifications of a proposed superintendent. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to the proposed superintendent or (2) that the Architect requires additional time to review. Failure of the Architect to reply within the 14 day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably be withheld or delayed. § 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES § 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 14 reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced byAIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) §3.10.1.1 The Construction Manager shall assign a professional project scheduler possessing building and site design and construction experience. If deemed qualified by Owner, the Construction Manager can assign an in-house scheduler. The Construction Manager shall develop a detailed critical path method (CPM) schedule that identifies all design activities, permits and all other activities required to be completed before construction activities can begin and a preliminary construction schedule. The CPM project schedules shall be developed using Microsoft Project's latest version, or Primavera SureTrack Project Manager's latest version. § 3.10.2 The Contractor shall prepare a submittal schedule, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Architect's approval. The Architect's approval shall not unreasonably be delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor's construction schedule, and (2) allow the Architect reasonable time not to exceed seven days to review submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. § 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. § 3.11 DOCUMENTS AND SAMPLES AT THE SITE The Contractor shall maintain at the site for the Owner one (1) copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and one copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. §3.11.1 The Construction Manager shall maintain complete and accurate records, including (a) correspondence, (b) meeting notes and minutes, (c) shop drawings and submittals, (d) Construction Documents including change orders, (e) clarifications and interpretations of the Construction Documents issued by the project Architect, (f) progress reports including observations of testing performed, (g) as -built drawings, and (h) all other project related documents including but not limited to those utilizing the project management software. § 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES § 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. § 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3 Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. § 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 15 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible underthe law. This documentwas produced byAlA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) § 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect's approval thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such written notice, the Architect's approval of a resubmission shall not apply to such revisions. § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review, approve or take other appropriate action on submittals only fpr the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance and design criteria specified in the Contract Documents. § 3.13 USE OF SITE The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.14 CUTTING AND PATCHING § 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition existing prior to the cutting, fitting and patching, unless otherwise required by the Contract Documents. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 16 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced byAIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) § 3.15 CLEANING UP § 3.15.1 The Contractor shall keep the premises and surrounding area fi•ee from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials from and about the Project. § 3.15.2 The Owner shall provide a written Notice to the Contractor to comply with 3.15.1 if the Contractor fails to clean up as provided in the Contract Documents. If after the Contractor's receipt of a notice the Contractor fails to clean up, the Owner may do so and Owner shall be entitled to reimbursement from the Contractor. § 3.16 ACCESS TO WORK The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. § 3.17 ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a pat ticular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. § 3.18 INDEMNIFICATION § 3.18.1 To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section. § 3.18..2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 4 ARCHITECT § 4.1 GENERAL § 4.1.1 The Owner shall retain an architect lawfully licensed to practice architecture or an entity lawfully practicing architecture in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. § 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. § 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a successor architect as to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. § 4.2 ADMINISTRATION OF THE CONTRACT § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner's representative during construction until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. The AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 17 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) Contractor shall rely on the directions and actions of the authority extended to the Architect in the Contract Documents to act on behalf of the Owner. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Section 3.3.1. § 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 4.2.4 COMMUNICATIONS FACILITATING CONTRACT ADMINISTRATION Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate directly with each other through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. § 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Architect has authority to and shall reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. § 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions of or installation of performance or equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Section 3.3, 3.5, and 3.12.The Architect's review of the Contractor's Submittals shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract and AIA Document A201 W — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 18 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. § 4.2.10 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. § 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 4.2.12 Interpretations and decisions of the Architect will be consistent with the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, and will not show partiality to either and will not be liable for results of interpretations or decisions rendered in good faith. § 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. In the case of a Change in Work which results fiom a response, the Architect will issue a Construction Change Directive. ARTICLE 5 SUBCONTRACTORS AND SUPPLIERS § 5.1 DEFINITIONS § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. § 5.1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub -subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub -subcontractor or an authorized representative of the Sub -subcontractor. § 5.1.3 SUPPLIER A Supplier is a person or entity that has a direct contract with the Construction Manager to supply material or equipment, but not construction, in connection with the Work. § 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK § 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Architect may reply within fourteen (14) days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to any such proposed person or entity or (2) that the Architect requires additional time for review. Failure of the Owner or Architect to reply within the fourteen (14) day period shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 19 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.3 SUBCONTRACTUAL RELATIONS By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work, which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub -subcontractors. § 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor's rights and obligations under the subcontract. § 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. § 5.4.3 Upon such assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor contractor's obligations under the subcontract. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS § 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15. § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner -Contractor Agreement AIA Document A201 TM —2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 20 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) § 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. In the event the Contractor's schedule is extended, the Time and Cost Extensions shall be addressed under Articles 8.3 and 15.The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. § 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights that apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. § 6.2 MUTUAL RESPONSIBILITY § 6.2.1 To the extent required by the Contract Documents, the Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs. § 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Contractor's delays, improperly times activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a separate contractor's delays, improperly timed activities, damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or separate contractors as provided in Section 10.2.5. § 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 OWNER'S RIGHT TO CLEAN UP If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may make arrangements to clean up and the Architect will after issuing a written notice to the Contractors, allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK § 7.1 GENERAL § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, only by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. § 7.1.1.1 Notwithstanding the provisions of this Article and elsewhere in the Contract, all changes to the layout, configuration, materials or other characteristics of the design of the Work, whether effected by a Change Order, Construction Change Directive or order for minor change in the Work, shall be set out in a Modification of the Drawings or Specifications, or both, that is (1) prepared and issued by the Architect and (2) attached to and incorporated into the applicable Change Order, Construction Change Directive or order for minor change in the Work. § 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. AIA Document A201 TM —2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 21 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced byAIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. § 7.1.3 The Owner and Contractor expressly and explicitly acknowledge and agree that no employee or consultant of the Owner or any other person or entity shall have authority to order, request, approve, cancel, disapprove or take any other binding action on behalf of the Owner with respect to Change Orders, Construction Change Directives or any other documents changing the Work, whether pursuant to this Article 7 or otherwise, except the Owner's Designated Representative named in the Agreement or the Architect's designated representative to the extent provided in the Contract Documents. § 7.2 CHANGE ORDERS § 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum; and .3 The extent of the adjustment, if any, in the Contract Time. § 7.3 CONSTRUCTION CHANGE DIRECTIVES § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Section 7.3.7. § 7.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 22 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited to the following: .1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; .2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 Additional costs of supervision and field office personnel directly attributable to the change. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 7:3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect's professional judgment, to be reasonably justified. The Architect's interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15. § 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. § 7.4 MINOR CHANGES IN THE WORK The Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will be effected by written order signed by the Architect and shall be binding on the Owner and Contractor. ARTICLE 8 TIME § 8.1 DEFINITIONS § 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 PROGRESS AND COMPLETION § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 23 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) § 8.3 DELAYS AND EXTENSIONS OF TIME § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner; or by changes ordered in the Work; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control; or by delay authorized by the Owner pending mediation and arbitration; or by other causes that the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as is appropriate under the circumstances. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either patty under other provisions of the Contract Documents. ARTICLE 9 -PAYMENTS AND COMPLETION § 9.1 CONTRACT SUM The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.2 SCHEDULE OF VALUES Where the Contract is based on a Guaranteed Maximum Price, the Contractor shall submit to the Architect, before the first Application for Payment, a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 9.3 APPLICATIONS FOR PAYMENT § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing and for deposits, prepayments and down payments for equipment or materials. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 24 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced byAIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) claim by reason of having provided labor, materials and equipment relating to the Work, and conditional and unconditional lien releases shall be furnished with each Application for Payment. § 9.4 CERTIFICATES FOR PAYMENT § 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's observation and/or evaluation of the Work and the data comprising the Application for Payment, thatthe Work has progressed to the point indicated and that, in the Architect's professional opinion, the quality of the Work is in accordance with the Construction Documents and the Contract Documents, and that Architect has critically evaluated and certified that the amounts requested in the Application for Payment are valid and correct. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations fiom the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data unless requested by the Owner to substantiate the Contractor's right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 DECISIONS TO WITHHOLD CERTIFICATION § 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a separate contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated or substantial failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.5.3 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Architect will reflect such payment on the next Certificate for Payment. AIA Document A201 W —2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 25 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced byAIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) § 9.6 PROGRESS PAYMENTS § 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. Notwithstanding anything to the contrary set forth herein, the Owner must approve, in writing, all payments to a Contractor. § 9.6.2 The Contractor shall pay each Subcontractor no later than seven days after receipt of payment from the Owner the amount to which the Subcontractor is entitled, reflecting percentages actually retained fi•om payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in a similar manner. (Paragraph deleted) § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by law. § 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. (Paragraph deleted) § 9.7 FAILURE OF PAYMENT If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within thirty (30) days after the date established in the Contract Documents the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut -down, delay and start-up, plus interest as provided for in the Contract Documents. § 9.8 SUBSTANTIAL COMPLETION § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The issuance of a Certificate of Substantial Completion shall not be unreasonably withheld or processed. AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 26 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 9.9 PARTIAL OCCUPANCY OR USE § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 FINAL COMPLETION AND FINAL PAYMENT § 9.10.1 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, conditioned on receipt of payment arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 27 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terns of special warranties required by the Contract Documents. § 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. § 10.2 SAFETY OF PERSONS AND PROPERTY § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub -subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. § 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. § 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 28 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) § 10.2.8 INJURY OR DAMAGE TO PERSON OR PROPERTY If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 HAZARDOUS MATERIALS § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. § 10.3.2 Upon receipt of the Contractor's written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and At the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut -down, delay and start-up. § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for materials or substances required by the Contract Documents, except to the extent of the Contractor's fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of a material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner's fault or negligence. § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred provided the Owner's actions resulted in the need to the remediation of such hazardous material or substance. § 10.4 EMERGENCIES In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. AIA Document A201 TM —2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 29 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced byAlA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) ARTICLE 11 INSURANCE AND BONDS § 11.1 CONTRACTOR'S LIABILITY INSURANCE § 11.1.1 The Contractor shall purchase fi•om and maintain in,a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations and completed operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 Claims under workers' compensation, disability benefit and other similar employee benefit acts that are applicable to the Work to be performed; .2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the. Contractor's employees; .3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; .4 Claims for damages insured by usual personal injury liability coverage; .5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; .6 Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; .7 Claims for bodily injury or property damage arising out of operations; and .8 Claims involving contractual liability insurance applicable to the Contractor's obligations under Section 3.18. § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption from the date of commencement of the Work until the date of final payment and termination of any coverage required to be maintained after final payment, and, with respect to the Contractor's completed operations coverage, until the expiration of the period for correction of Work or for such other period for maintenance of completed operations coverage as specified in the Contract Documents. § 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment as required by Section 9.10.2 and thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section 11.1.2. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the Contractor with reasonable promptness. § 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include (1) the Owner, the Architect and the Architect's consultants as additional insureds for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's completed operations. § 11.2 OWNER'S LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. § 11.3 PROPERTY INSURANCE § 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract Modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 30 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub -subcontractors in the Project. § 11.3.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a result of such insured loss. § 11.3.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance that will protect the interests of the Contractor, Subcontractors and Sub -subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above, without so notifying the Contractor in writing, then the Owner shall bear all reasonable costs properly attributable thereto. § 11.3.1.3 If the property insurance requires deductibles, the Owner shall pay all deductible amounts and any other costs not covered because of such deductibles. § 11.3.1.4 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work in transit. § 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. § 11.3.2 BOILER AND MACHINERY INSURANCE The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub -subcontractors in the Work, and the Owner and Contractor shall be named insureds. § 11.3.3 LOSS OF USE INSURANCE The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused. § 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. § 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of Section 11.3.7 for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. § 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Section 11.3. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that AIA Document A201 W — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 31 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days' prior written notice has been given to the Contractor. § 11.3.7 WAIVERS OF SUBROGATION The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub -subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub -subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontractors, sub -subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. § 11.3.8 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as then interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub -subcontractors in similar manner. § 11.3.9 The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined in accordance with the method of binding dispute resolution selected in the Agreement between the Owner and Contractor. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. § 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection is made, the dispute shall be resolved in the manner selected by the Owner and Contractor as the method of binding dispute resolution in the Agreement. If the Owner and Contractor have selected arbitration as the method of binding dispute resolution, the Owner as fiduciary shall make settlement with insurers or, in the case of a dispute over distribution of insurance proceeds, in accordance with the directions of the arbitrators. § 11.4 PERFORMANCE BOND AND PAYMENT BOND § 11.4.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. § 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 UNCOVERING OF WORK § 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such costs AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 32 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) and the cost of correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. § 12.2 CORRECTION OF WORK § 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. § 12.2.1.1 In accordance with the project Architect, the Construction Manager shall develop and implement procedures for orderly completion of punch list items, checkout of utilities, operational systems and equipment and initial start-up and testing. Preparation and delivery to the Owner of warranties, as built drawings, maintenance manuals, and the like, and generally administer closeout of the Project. The Construction Manager shall facilitate performance of all warranty obligations, resolution of all claims, and other post -construction requirements. § 12.2.2 AFTER SUBSTANTIAL COMPLETION § 12.2.2.1 In addition to the Contractor's obligations under Section 3.5, if, within two years after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the two-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.4. § 12.2.2.2 The two-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 The two-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the two-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. § 12.3 ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. AIA Document A201 TM —2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 33 reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 GOVERNING LAW The Contract shall be governed by the law of the State of Idaho. § 13.2 SUCCESSORS AND ASSIGNS § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. § 13.3 WRITTEN NOTICE Written notice shall be deemed to have been duly served on the appropriate Owner's, Construction Manager's or Architect's Designated Representative if delivered in person or if sent by registered or certified mail„ or by email to the last business address known to the party giving notice. § 13.4 RIGHTS AND REMEDIES § 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. § 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. § 13.5 TESTS AND INSPECTIONS § 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority.The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect maybe present for such procedures. The Owner shall bear all related costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor. § 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.5.3, shall be at the Owner's expense. § 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the Contractor's expense. § 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. § 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 34 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) § 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.6 INTEREST Intentionally Deleted. § 13.7 TIME LIMITS ON CLAIMS The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the time period specified by applicable law of the State of Idaho, but in any case not more than six (6) years after the date of Substantial Completion of the Work. The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 13.7. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 TERMINATION BY THE CONTRACTOR § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government, such as a declaration of national emergency that requires all Work to be stopped; 3 Because the At has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within forty-five (45) days of the time stated in the Contract Documents; or .4 The Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Section 2.2.1. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365 -day period, whichever is less. § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, and for materials and equipment partially or fully, fabricated or procured, whether delivered to Project site or not, including reasonable Overhead and Profit and costs incurred by reason of such termination. § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.1.5 SUSPENSION BY THE CONTRACTOR FOR CAUSE If one of the reasons described in Section 14.1 exists, the Contactor, in addition to and without waiving its rights to terminate the Contract under Section 14.1, upon seven (7) additional days' written notice to the Owner, and if the Owner fails to cure or reasonably commence to cure such reason within the seven-day period, may suspend performance of all or a portion of the Work. After such suspension, the Contractor shall resume such Work upon receipt of payment of all amounts previously due, with interest, plus equitable adjustments of the Contract Sun and Contract Time to the extent the Contractor was adversely impacted by such suspension, including but not limited to remobilizations costs. AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 'aF, reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced byAlA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) § 14.2 TERMINATION BY THE OWNER FOR CAUSE § 14.2.1 The Owner may terminate the Contract if the Contractor .1 refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority, or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Initial Decision Maker that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, and this obligation for payment shall survive termination of the Contract. § 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. § 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. § 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE § 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. § 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. § 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination. AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American [nit. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 36 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced byAIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) ARTICLE 15 CLAIMS AND DISPUTES § 15.1 CLAIMS § 15.1.1 DEFINITION A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. § 15.1.2 NOTICE OF CLAIMS Claims by either the Owner or Contractor must be initiated by written notice to the other party with a copy sent to the Architect. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 15.1.3 CONTINUING CONTRACT PERFORMANCE Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the parties. § 15.1.4 CLAIMS FOR ADDITIONAL COST If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 15.1.5 CLAIMS FOR ADDITIONAL TIME § 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. § 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. (Paragraphs deleted) § 15.2 INITIAL DECISION § 15.2.1 Claims, excluding those arising under Sections 10.3, 10.4, 11.3.9, and 11.3.10, shall be referred to the Initial Decision Maker for initial decision. The Owner will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been rendered. § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions`. (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim. § 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. Retention of such persons is at the Owner's expense. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of such request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, '1958,1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 37 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This documentwas produced byAlA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution. § 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1. § 15.2.6.1 Either party may, within 30 days from the date of an initial decision, demand in writing that the other party file for mediation within 60 days of the initial decision. If such a demand is made and the party receiving the demand fails to file for mediation within the time required, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. § 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. § 15.2.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 15.3 MEDIATION § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract except those waived as provided for in Sections 9.10.4 and 9.10.5, shall be subject to mediation as a condition precedent to binding dispute resolution. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 15.3.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. (Paragraphs deleted) AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 38 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This documentwas produced byAIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) Additions and Deletions Report for AIA Document A201 TM —2007 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 10:27:03 on 05/02/2016. PAGE Hillsdale Park Meridian, Idaho City of Meridian Meridian, Idaho 83642 PAGE The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2 and certify termination of the Agreement under Section 14.2.2. The Initial Decision maker is the Owner. § 1.2 rn000l ATION AND INTENT OF THE CONTRACT DOCUMc►,ITeCORRELATION AND INTENT OF THE CONTRACT DOCUMENTS PAGE 10 § 1.2.1 Organization of the Specifications into divisions sections and articles and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by an trade. § 1.2.2 , seetions and at4ieles, and aFfangemeat of Drawings shall net Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.2.3 TJMess other -wise stalted in- dhe. GepAraet Doeuments, words that have vvell 1movin technieal or eenstruetion r-eeegPAFed „bs § 1.4.1 In the event of conflicts inconsistencies discrepancies or ambiguities between or among the Contract Documents not resolved by Addenda interpretations shall be based on the following order of precedence: 1 modifications of the Agreement, with those of later date having precedence over those of earlier date, .2 the Agreement; .3 these Terms and Conditions 4 Addenda with those of later date having precedence over those of earlier date; Additions and Deletions Report for AIA Document A201 TM —2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) 5 the Drawings with those in larger scale having precedence over those in smaller scale and with notes and schedules thereon having precedence over the remainder of the drawings; and .6 the Specifications. § 1.5.2 The Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers are authorized to use and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the "..,Mite.'. ee &&aat Architect's Consultants.. § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's apPr-ev t"t­approval, agreement,or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. § 2.1.2 The Owner shall furnish to the Contractor within fifteen seven days after receipt of a written request, information reasonably necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein. PAGE 11 § 2.2.1 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. Thereafter, the Contractor may only request such evidence if -it (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment die when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. ehanges in existing faeilifits-. § 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7. 1 the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction use or occupancy of permanent structures or for permanent changes in existing facilities. § 2.2.6 The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner and the Architect but shall exercise proper precautions relating to the safe performance of the Work. PAGE 12 Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) § 3.1 .3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the r. ..,,,.te . as a request for infonnation in suehfor-fnt 4 ,.Wteet..,ay °, uir_.Contractor. § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner -required means, methods, techniques, sequences or procedures. The Contractor shall manage and coordinate all Subcontractors and others engaged in the performance of the Work. PAGE 13 § 3.3.4 The Contractor shall provide and maintain a construction office at the site. The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. The Contractor further warrants that the Work will comply with applicable laws and industry standards and shall be performed or installed in accordance with all manufacturers' requirements recommendations and guidelines unless otherwise specified in the Contract Documents. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The Contractor shall pay sales, eeasumef, ese and ..:..,'1... sales taxes for the Wer materials provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and 3 International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) § 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions -that differ materially fi•om those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, that differ materially fi•om those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 24-7 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect determines that they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor in writing, stating the reasons. If either party disputes the Architect's determination or recommendation, that party may proceed as provided in Article 15. PAGE 14 § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. The superintendent shall continuously supervise and observe all work in progress so as to ensure that the Work is proceeding in accordance with the Contract Documents. PAGE 15 .43101 1 The Construction Manager shall assign a professional project scheduler possessing building and site design and construction experience If deemed qualified by Owner, the Construction Manager can assign an in-house scheduler. The Construction Manager shall develop a detailed critical path method (CPM) schedule that identifies all design activities permits and all other activities required to be completed before construction activities can begin and a preliminary construction schedule The CPM project schedules shall be developed using Microsoft Project's latest version or Primavera SureTrack Proiect Manager's latest version. § 3.10.2 The Contractor shall prepare a submittal schedule, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Architect's approval. The Architect's approval shall not unreasonably be delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor's construction schedule, and (2) allow the Architect reasonable time not to exceed seven days to review submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. The Contractor shall maintain at the site for the Owner one (Lcopy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and one copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. 4 311 1 The Construction Manager shall maintain complete and accurate records including (a) correspondence, (b) meeting notes and minutes (c) shop drawings and submittals (d) Construction Documents including change orders, (e) clarifications and interpretations of the Construction Documents issued by the project Architect, (f) progress reports including observations of testing performed (g) as -built drawings, and (h) all other project related documents including but not limited to those utilizingthe project management software. PAGE 17 Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) § 3.15.2 If -The Owner shall provide a written Notice to the Contractor to comply with 3.15.1 if the Contractor fails to clean up as provided in the ContractDoeum Documents. If after the Contractor's receipt of a notice the Contractor fails to clean W the Owner may do so and Owner shall be entitled to reimbursement from the Contractor. § 3.18.1 To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they maybe liable, b whethera' for- et stieh elaim, damage, le e . o - art by a .,o party i aenm fled r,e feu de liable. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Seetion 3. 1 8.Section. § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner's representative during construction until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. The Contractor shall rely on the directions and actions of the authority extended to the Architect in the Contract Documents to act on behalf of the Owner. PAGE 18 Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate directly with each other through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. § 4.2.6 The Architect has authority to and shall reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. Howevef, neither- this au4hefity of the Mehiteet nef a deeision made in good faith eithef to exereise eF not to exer-eise sueh atitherity shall give rise to a duty or responsibility of the Arehiteet to the Gentr-aetof, , Work.mater4al and equipment supplie+s, their agmts or- employees, or other pers ns or- epAities pe-Ffer-w4ng peFtions of th § 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions per-formanee ef of or installation of performance or equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Seetions 3.3, 3.5 and 3.12. Th ^ ehiteot's r-evie . Section 3.3, 3.5, and 3.12.The Architect's review of the Contractor's Submittals shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and 5 International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) PAGE 19 § 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of,reasonably a infer- fiem, the ��'� Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, and will not show partiality to either and will not be liable for results of interpretations or decisions rendered in good faith. § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. In the case of a Change in Work which results from a response, the Architect will issue a Construction Change Directive. ARTICLE 5 SUBCONTRACTORS AND SUPPLIERS § 5.1.3 SUPPLIER A Supplier is a person or entity that has a direct contract with the Construction Manager to supply material or equipment, but not construction, in connection with the Work. § 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Architect may reply within 44 -fourteen (14) days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to any such proposed person or entity or (2) that the Architect requires additional time for review. Failure of the Owner or Architect to reply within the 14-di}y fourteen (14) day period shall constitute notice of no reasonable objection. PAGE 20 § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner -Contractor _ gfee ~'.Agreement § 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. T4ic-In the event the Contractor's schedule is extended. the Time and Cost Extensions shall be addressed under Articles 8.3 and 15.The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. PAGE 21 § 6.2.1 The -To the extent required by the Contract Documents, the Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with a.eim as required by the Gent et r,,,,.,,.. eats -theirs. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Contractor's delays, improperly timed imes activities or defective construction. The Owner shall be Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) responsible to the Contractor for costs the Contractor incurs because of a separate contractor's delays, improperly timed activities, damage to the Work or defective construction. If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area fi•ee from waste materials and rubbish, the Owner may make arrangements to clean up and the Architect will after issuing a written notice to the Contractors, allocate the cost among those responsible. § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, only by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. § 7.1.1.1 Notwithstanding the provisions of this Article and elsewhere in the Contract, all changes to the layout, configuration materials or other characteristics of the design of the Work whether effected by a Change Order Construction Change Directive or order for minor change in the Work shall be set out in a Modification of the Drawings or_ Specifications or both that is (1) prepared and issued by the Architect and (2) attached to and incorporated into the applicable Change Order Construction Change Directive or order for minor change in the Work. PAGE 22 § 7.1 .3 The Owner and Contractor expressly and explicitly acknowledge and agree that no employee or consultant of the Owner or any other person or entity shall have authority to order, request approve cancel disapprove or take any other binding action on behalf of the Owner with respect to Change Orders Construction Change Directives or any other documents changing the Work whether pursuant to this Article 7 or otherwise except the Owner's Designated Representative named in the Agreement or the Architect's designated representative to the extent provided in the Contract Documents. PAGE 24 § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control; or by delay authorized by the Owner pending mediation and arbitration; or by other causes that the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the ^.-ehite .* may dete. mi—i w. is appropriate under the circumstances. Where the Contract is based on a stipulated sum^ -Guaranteed Maximum Price, the Contractor shall submit to the Architect, before the first Application for Payment, a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in wig writing and for deposits prepayments and down payments for equipment or materials. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise Additions and Deletions Report for AIA Document A20111 —2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) protect the Owner's interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be fi•ee and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Werk -Mork, and conditional and unconditional lien releases shall be furnished with each Application for Payment. PAGE 25 § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's observation and/or evaluation of the Work and the data comprising the Application for Payment, that, to the west of th^ ,._t_ t'_ i_ fledge infeEmation and belief t> thatthe Work has progressed to the point indicated and that -that, in the Architect's professional opinion, the quality of the Work is in accordance with the . ont--aet T`^,,... enl . the Construction Documents and the Contract Documents, and that Architect has critically evaluated and certified that the amounts requested in the Application for Payment are valid and correct. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data unless requested by the Owner to substantiate the Contractor's right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. .7 repeated or substantial failure to carry out the Work in accordance with the Contract Documents. PAGE 26 § 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. Notwithstanding anything to the contrary set forth herein the Owner must approve in writing all payments to a Contractor. Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven -thirty 30 days after the date established in the Contract Documents the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut -down, delay and start-up, plus interest as provided for in the Contract Documents. § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The issuance of a Certificate of Substantial Completion shall not be unreasonably withheld or processed. PAGE 27 § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, elaims, seeuFit-y i 4erests or oneumbmaeesconditioned on receipt of payment arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. PAGE 29 § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby inetiffed. ncurred provided the Owner's actions resulted in the need to the remediation of such hazardous material or substance. PAGE 30 .7 Claims for bodily injury or property damage arising out of ^em�1eted operations; and PAGE 31 § 11.3.1.3 If the property insurance requires deductibles, the Owner shall pay all deductible amounts and an other costs not covered because of such deductibles. § 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and 9 International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) otherwise. The Owner and the GerA'ae shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. PAGE 32 MUM The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined in accordance with the method of binding dispute resolution selected in the Agreement between the Owner and Contractor. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. PAGE 33 § 12.2.1.1 In accordance with the project Architect the Construction Manager shall develop and implement procedures for orderly completion of punch list items checkout of utilities operational systems and equipment and initial start-up and testing Preparation and delivery to the Owner of warranties as built drawings maintenance manuals and the like and generally administer closeout of the Project. The Construction Manager shall facilitate performance of all warranty obligations resolution of all claims and other post -construction requirements. § 12.2.2.1 In addition to the Contractor's obligations under Section 3.5, if, within one eyy ars after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the exe-year-two-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.4. § 12.2.2.2 Theone two-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 The ene year -two-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of theone two-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. PAGE 34 The Contract shall be governed by the law of the , if the par -ties have 4--S-.4. State of Idaho. Additions and Deletions Report for AIA Document A201 TM —2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and 10 International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) Written notice shall be deemed to have been duly served i o Rifted ..mail e,• bye '.i7.,g pr -^^f of delivery on the appropriate Owner's, Construction Manager's or Architect's Designated Representative if delivered in person or if sent by registered or certified mail or by email to the last business address known to the party giving notice. § 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and.shall bo all • elated sts of tests inspeetions and appFavals. The authority.The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall beat- all related costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor. PAGE 35 Pa)qnents due and unpaid under- the Gentraet Doeoments shall bear- in4@r-@st from the date payment is due at sueh rate as the PaA* , — Pen in vffifing of, in the absenee thereof-, fft the legal Fate prevailing fiom time te time at th ,.lace ,. iei-7e 4he A:E^ eet i&4ee teQgtentionally Deleted. The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the time period specified by applicable law; -law of the State of Idaho, but in any case not more than 40 -six 6 ears after the date of Substantial Completion of the Work. The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 13.7. Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within forty-five (45) days of the time stated in the Contract Documents; or § 14.1.3 If one of the reasons described in Section 14. 1.1 or 14.1.2 exists, the Contractor may, upon seven days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, iiielud ng rase~ able ever -head and pr-^�`, and for materials and equipment partially or fully, fabricated or procured, whether delivered to Proiect site or not, including reasonable Overhead and Profit and costs incurred by reason of such tefminafien, and damages termination. 414.1.5 SUSPENSION BY THE CONTRACTOR FOR CAUSE If one of the reasons described in Section 14.1 exists, the Contactor, in addition to and without waiving its rights to terminate the Contract under Section 14.1 upon seven (7) additional days' written notice to the Owner, and if the Owner fails to cure or reasonably commence to cure such reason within the seven-day period, may suspend performance of all or a portion of the Work After such suspension the Contractor shall resume such Work upon Additions and Deletions Report for AIA Document A201T" —2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and 11 International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) receipt of payment of all amounts previously due with interest plus equitable adjustments of the Contract Sun and Contract Time to the extent the Contractor was adversely impacted by such suspension, including but not limited to remobilizations costs. PAGE 36 repeatedlyrefuses or fails to supply enough properly skilled workers or proper materials; Fopeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case maybe, , and this obligation for payment shall survive termination of the Contract. § 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such teimination, along a `"reasonable over -head an profit on th W..Fk iat a „ted termination. PAGE 37 Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the lHifial De,.isio., ,,,r,.t.e.. with a copy sent to the hit` t ift> Mehiteet isfiet, s the Initial Deeisie r aka Architect. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the elaimant first recognizes the condition giving rise to the Claim, whichever is later. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Inoue' Deeisio ,,,raw ap rties. a 15 .1.6 CLAIMS FOR CONSEQUSNTiAt DAMAGES The Gentraeter aFA Qvvner- waive Claims against eaeh ethe+ for- eensequential dafnag@s r . t Thistymt"waivef ineludes 1 damages inetiffed by the Owner c ental 1enses, for losses of ar-ising out of or- relating to "s tise, ineeffle, profit, fin.,«e:.,. persons; and 2 damages inetffed by the Gen4. ete.cor- prineipal efx. e eeludi.b t stationed there fef tesses of finaneinn Wsiness d art•crpatcd �frt-aiamg-diicedy f.evthe Wer-k. a mY the e et:en epefsefhne� t 4• .t f• less f profit t exeep Additions and Deletions Report for AIA Document A201TM —2007. Copyright©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and 12 International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) § 15.2.1 Claims, excluding those arising under Sections 10.3, 10.4, 11.3.9, and 11.3.10, shall be referred to the Initial Decision Maker for initial decision. The "Ta -Owner will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been rendered. UpAess the L-Atieil Peoision Make+ and all affeeted parties agree, the Initial Peeisioa Maker- will not deeide disputes between the Gontfaeter- and pefsens of entities ether- than the Ownef. § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the C...:mof if he Lnitial Dees ...,..'" Malo -e_ eenehides .way i the h1itia' Deeision Mak-ef's sole dise+etien, it would be inappropriate feF the Initial Deeision Malwf to Feselve t Claim. § 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from eit e,. paAy "~ he persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The T ' *' ' Deeision Ma' " , est the Owner- to authorize retentionof s' per -segs -Retention of such persons is at the Owner's expense. PAGE 38 § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the " rehiteet, if the Architect is not ser-ying ser-ys the Initial Dee Mal of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution. § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract except those waived as provided for in Sections 9.11.4, 9.' 9 `, and -154-.69.10.4 and 9.10.5, shall be subject to mediation as a condition precedent to binding dispute resolution. W.I. I . ............ . .. . ..... I -up M WARM Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and 13 International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:27:03 on 05/0212016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and 14 International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) • - - - Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and 14 International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) Certification of Document's Authenticity AIA® Document D4011m — 2003 I, Nicole Russell Willis, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 10:27:03 on 05/02/2016 under Order No. 9725696861_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A201TM — 2007, General Conditions of the Contract for Construction, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401 TM — 2003. Copyright© 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:27:03 on 05/02/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (892563302) THE RUSSELL CORPORATION Construction Management General Construction June 15, 2015 Mike Barton Parks Superintendent City of Meridian - Parks & Recreation Department 33 E. Broadway Avenue Meridian, Idaho 83642 EI Dorado Business Campus 1940 S Bonito Way, Ste 150 Meridian, Idaho 83642 Ph. (208) 323-0777 Fax (208) 323-9465 www.russoorp.com E-mailed to mbarton@meridiancity.org Project: Hillsdale Park Construction Management Services Preconstruction Services Proposal Dear Mike, Thank you for selecting The Russell Corporation for the services of Construction Management as a Constructor, where the Construction Manager is at risk, on the Hillsdale Park project in Meridian, Idaho. Attached please find Exhibit A — Proposal for Preconstruction Services. It includes an understanding of the requested services and is submitted for your review. We anticipate this document being an attachment to the Agreement. We previously proposed the AIA Document A133, Standard Form of Agreement Between Owner and Construction Manager as a Constructor as revised, and the A201, General Conditions of the Contract for Construction as revised. Construction Services are not included in this proposal and will be addressed under a separate cover, as discussed. To follow up the discussion clarifying our Overhead and Profit percentages for the Construction Management Service, it is a combined five (59/6) percent. This is the same percentage agreed to with the West Ada School District for its Hillsdale Elementary project. The lump Sum price for the Preconstruction Services is $14,850.00 (fourteen thousand eight hundred and fifty dollars). The Not -to -Exceed Reimbursable budget is $2,500.00 (two thousand five hundred dollars). We look forward to reviewing this proposal with you at your earliest convenience. Again, thank you again for engaging The Russell Corporation; we look forward to a successful project. Y ris Jo0es Exhibit A - Proposal for Preconstruction Services dated June 17, 2015 82939 Idaho License 6147 -AAA -3 Nevada License 24083 California License 461144 Washington License RUSSEC 16614A IDAHO [LCE -1374 0 THE RUSSELL CORPORATION EXHIBIT A June 17, 2015 Project: City of Meridian Park and Recreation Hillsdale Park a part of the WASD/YMCA campus development near Eagle Road and Amity Road in Meridian. Proposal for: Preconstruction Services This proposal is for the Preconstruction Services portion of The Russell Corporation entering into an Agreement as a Construction Manager as Constructor (CM/GC) with the City of Meridian to construct its Hillsdale Park Project, where the Construction Manager is at Risk. In general, it is anticipated that the Preconstruction Services associated with this project will consist of the following. 1. Consult with, advise, assist, visit the sites and attend ten (10) meetings specific to the Park and provide recommendations to the City of Meridian and its design team on all aspects of the planning and design of the work. 2. Provide information, estimates, schemes, and participate in decisions regarding construction materials, methods, systems, phasing, and costs to assist In determinations aimed at providing the highest quality project within the budget and schedule. 3. Review in -progress design documents and provide input and advice on construction feasibility, alternative materials, and availability of materials and equipment. Review completed design documents and suggest modifications to improve completeness and clarity. 4. Provide input to the City and its design team regarding the current construction market bidding climate as well as the status of contract markets. Recommend division of work to facilitate bidding and award of trade/vendor contracts, early long -lead equipment or material procurement, considering such factors as bidding climate, bid packages for multiple integrated work scopes, improving or accelerating construction completion, and related issues. 5. Prepare complete bid packages and associated documents including subcontractor agreements, general and special conditions, detailed scope of work, bid item breakdowns and other documents necessary. 6. Develop and monitor the project critical path method schedule and recommend adjustments in the design documents of construction bid packaging to ensure completion of the project in the most expeditious manner possible, while addressing and meeting the City's critical schedule requirements. 7. Prepare construction cost estimates for the project the end of 50 & 90 percent design phases. Estimate ongoing design modifications to provide real time analysis of the project budget. Notify the City and the design team immediately if construction cost estimates appear to be exceeding the projected GMP budget. 8. Work with the City and its design team to determine impacts to the design and the construction delivery process brought about by the site constraints. Consider logistic plans for items such as haul 11 Page R.1 routes, sequencing, lay down space, etc. Develop alternatives and options for rectifying the impacts of such conditions and constraints. 9. Develop and manage complete bid package scopes of work for bidding subcontractors in conjunction with the design team and the City of Meridian. Conduct a pre-bid meeting and site tour as a part of obtaining competitive bids. Bid packages shall incorporate multiple trades, follow phases of construction, and include details outlining coordination and logistic requirements specific to how each subcontractor will be required to interact with other subcontractors. Work with the City of Meridian and its design team to address questions, issue addendums, and open bids in the presents of the Owner. 10. Prequalify potential subcontractors and provide at least three (3) bidders per discipline. All bidders shall have a public works license. 11. Coordinate as necessary with any jurisdictions having authority in securing building permits and other authorizations as necessary. 12. Lump Sum value is inclusive of a five (5%) percent Overhead and Profit mark-up. 13. Does not include any shared preconstruction costs between project stake -holders (West Ada School District, YMCA, Meridian Library and City of Meridian) for attendance time or resources at the combined weekly project meeting or services associated with the Gravity Irrigation and Offsite work. 14. Does not include Construction Phase Administration or Scope of Work costs. Proposed Timeline Bases on preliminary discussion the following timeline associated with this project are: Preconstruction Services -- May 2015 — December 2015 Additional Service Any services not identified In the proposed scope and fee will be charged as Additional Services, if requested by the Owner. Proposed Billing The Lump Sum will be billed each calendar month for the percent of services complete. Reimbursable shall be broken out. (Bid solicitation fees; document (plans and specifications) reproduction costs; PMS software fee; office supplies; copying costs). Reimbursable will be billed to the City at cost. Any savings associated with this not to exceed budget will be to the benefit of the Owner; there is no shared savings with the Construction Manager. Total Preconstruction Service fees Description Total Total Preconstruction Services (Lump Sum Value) $14,850.00 Total Reimbursable Expenses (Not To Exceed) $ 2,500.00 Total Preconstruction Services Fees17 350.00 21 Page R.1 Meridian City Council Meeting DATE: July 12, 2016 ITEM NUMBER: 7F PROJECT NUMBER: ITEM TITLE: Clerk's Office Clerk's Office: Presentation on the Updated City of Meridian Records Retention Schedule 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 Approved July 12, 2016 by Resolution No. 16-1149 RECORDS RETENTION SCHEDULE 2 | P a g e TABLE OF CONTENTS Introduction ………………………………………………………………………….. Page 3 Frequently Asked Questions …………………………………………………………. Page 5 City Attorney’s Office ……………………………………………………………….. Page 7 City Clerk’s Office …………………………………………………………………… Page 9 Commissions, Committees, Boards …………………………………………………... Page 13 Community Development …………………………………………………………….. Page 14 Finance Department …………………………………………………………………... Page 25 Fire Department ……………………………………………………………………..... Page 35 Human Resources Department ……………………………………………………….. Page 38 Information Technology Department ………………………………………………… Page 45 Mayor’s Office ……………………………………………………………………….. Page 48 Parks and Recreation Department ……………………………………………………. Page 52 Police Department ……………………………………………………………………. Page 60 Public Works Department ……………………………………………………………. Page 68 Support Services …………..…………………………………………………………….. Page 88 Appendix A: Idaho Statute Title 50, Chapter 9, Section 50-907 ….………………… Page 90 3 | P a g e INTRODUCTION Management of public records is a vital function of every city, and understanding the basic principles of records management is essential for every city official and staff member. In basic terms, the definition of a public record, as established by Idaho law, is any recorded information that relates to the business of city government. Public records can be on any medium – paper documents, books, maps, pictures, audio/visual recordings, microfilm or microfiche, as well as digital or electronic documents, including computer files and email. THE CITY CLERK ’S ROLE Idaho Code section 50-908 outlines the role and responsibilities of the City Clerk as municipal records manager. That law directs the City Clerk to: ensure the orderly and efficient management, retention, and destruction of city records in compliance with state and federal laws and city ordinances, resolutions and policies; identify and care for historical records; and coordinate the transfer of permanent records to the Idaho State Historical Society's (“ISHS’s”) permanent records repository. All city employees and elected officials have responsibilities with regard to city records. Idaho Code section 50-908 establishes those responsibilities. Employees and officials must: protect the records in their custody; cooperate with the City Clerk to efficiently manage records and preserve records of enduring value; and pass on to their successors records necessary for the continuing conduct of city business. All city records are property of the city, and no city official, elected, appointed or staff, may assert any personal or property right to such records, even where he or she may have developed or compiled them. The unauthorized destruction or removal of city records is prohibited by law. CLASSIFICATION AND RETENTION OF MUNICIPAL RECORDS Idaho Code section 50-907(5) requires every city in Idaho to adopt a records retention schedule, listing the types of city records retained by the city and the retention period for each type of record. As of July 1, 2016, Idaho Code section 50-907(1)-(4) classifies municipal records into four separate categories (permanent, semipermanent, temporary, and historical). Each of the four classifications either lists specific record types or provides a description for what constitutes records fitting that classification. The statute allows for cities to designate additional records for each classification as deemed appropriate by the City Council. Cities may assign records to a fifth category designated as transitory. Permanent and historical records may not be destroyed, but must be retained by the city in perpetuity, or transferred to the ISHS’s permanent records repository for permanent retention upon resolution of the City Council according to the procedures established in section 50-907, Idaho Code. Semipermanent records shall be retained for not less than five (5) years after the 4 | P a g e date of issuance or completion of the matter contained within the record. Temporary records are to be retained for not less than two (2) years. After the expiration of the designated retention period for semipermanent and temporary records, the destruction of those records may be destroyed only by resolution of the City Council, upon advice of the City Attorney, and in coordination with the City Clerk according to the procedures established in section 50-907, Idaho Code. Transitory records may be destroyed upon expiration of the designated retention period according to the procedure established by the department. FINAL DISPOSITION OF RECORDS As set forth above, permanent and historical records are never destroyed – they are retained in perpetuity by the city or transferred to the ISHS by resolution of City Council. Semipermanent and temporary records may only be destroyed by resolution of City Council. The process for destruction of all nonpermanent records typically begins once the records have reached their minimum retention period, but there are some important exceptions, where circumstances dictate that records must be kept longer: Records related to pending criminal or civil cases; Records that are the subject of a pending public records request; and Records needed for any pending audit or investigation. The departments, the City Clerk, and the City Attorney’s Office work closely together to resolve retention questions and to accomplish final disposition of records according to the process set forth in section 50-907, Idaho Code. The first step in the official record destruction process is that the City Clerk obtains approval for the destruction of the records from the City Attorney’s Office. If appropriate, the City Attorney’s Office prepares a resolution and submits it to City Council for approval to destroy the records. Depending on the records to be destroyed, the City Clerk may be required to notify the ISHS at least thirty (30) days prior to destruction. When all of the steps are complete, the City Clerk notifies the department that it may destroy the designated records. The department destroys the records within thirty (30) days of notification and returns proof of destruction to the City Clerk. In addition to the above information, the following FAQ on classification and retention of municipal records is designed to summarize the changes to Idaho Code section 50-907 that became effective on July 1, 2016 and provide quick answers to often-asked questions. The statute in its entirety is included in Appendix A. 5 | P a g e FAQ: CLASSIFICATION AND RETENTION OF MUNICIPAL RECORDS PER IDAHO CODE SECTION 50-907 AS EFFECTIVE JULY 1, 2016 (N EW INFORMATION IS UNDERLINED ): 1. What are the four (4) statutory record classifications? The four (4) classifications are permanent, historical, semipermanent, and temporary. For complete information regarding the retention period and list of specific record types for each category, go to Appendix A at the end of this Schedule where the statute is set forth in its entirety. 2. How are historical records described? Historical records shall consist of records which, due to age or cultural significance, are themselves artifacts of historical value. Historical records have enduring value based on the administrative, legal, fiscal, evidential or historical information they contain. Historical records shall be retained by the city in perpetuity or may be transferred to the ISHS’s permanent records repository pursuant to subsections 8 and 9 of section 67-4126, Idaho Code, upon resolution of the City Council. 3. Does the City allow for a fifth (5 th ) record category? Yes, the 5 th available record category is called “Transitory” and the retention period is less than two (2) years. Transitory records do not need a resolution to destroy them. However, they should be destroyed according to department policy. 4. Can the City reproduce, retain and manage records in a photographic, digital or other nonpaper medium? Yes, see Idaho Code section 55-907(6) for the necessary form and medium requirements to comply with the statute. 5. Is a reproduced record deemed an original public record for all purposes? Yes, provided it is retained by the city in any form and medium permitted by Idaho Code section 55- 907(6). 6. When can a semipermanent or temporary paper original be summarily disposed of or returned to sender? A semipermanent or temporary paper original can be summarily disposed of or returned to sender once it has been retained in an appropriate nonpaper medium. 7. Can a permanent paper original be summarily disposed of or returned to sender like semipermanent and temporary records once it has been reproduced in a nonpaper medium? Yes, once a permanent paper original is converted, it may be treated like a copy and destroyed provided the following steps are followed: a. Prior to destruction of original paper documents, the City Clerk shall provide written notice, either by email or mail, including a detailed list of the documents proposed for destruction to the ISHS. b. The ISHS has 30 days after receipt of the City Clerk’s notice to review the list and respond in writing, either by email or mail, to the City Clerk identifying any documents that will be requested to be transferred from the city to the ISHS for retention in the permanent records repository. c. Any documents that will not be transferred may be destroyed. 6 | P a g e d. If the City Clerk has not heard back from the ISHS within thirty (30) days after the ISHS received notice from the City Clerk, then the records may be destroyed. 8. What has changed regarding destruction or transfer of records? a. Permanent records: (1) Must be kept forever by the city, except for paper originals of permanent records maintained in a nonpaper medium as discussed in FAQ #7 (above); or (2) Permanent records may be transferred to ISHS’s permanent records repository upon resolution by City Council. b. Semipermanent and Temporary records: (1) May be destroyed only by resolution of the City Council and upon the advice of City Attorney, except for paper originals of semipermanent or temporary records retained in a nonpaper medium. (2) Such disposition is under the direction and supervision of the City Clerk. The Clerk no longer needs to give thirty (30) day written notice to the ISHS of intent to destroy. (3) Copies: It is always important to remember that once a Resolution to Destroy Records is approved and the City Clerk gives the department the “ok” to destroy the records listed therein, the department must take care to destroy all versions of the records listed. In other words, copies cannot outlive the destruction of the original record. 7 | P a g e CITY ATTORNEY ’S OFFICE RECORD DESCRIPTION CATEGORY RETENTION PERIOD Legal Department Administrative Records Written messages and reminders, meeting notes, working drafts, legal research source documents and notes, copies of accounts payable invoices and expense reports, presentations, documents recording department activities or plans, department reports to directors, and other material or aids that support an employee’s day-to-day job functions. Transitory Until administrative need ends or superseded Bankruptcy Notices and Case Files Records documenting notification to the city that certain individuals have filed for bankruptcy, and used to determine if the individual owes money to the city and to file notice or claim with the court. Information may include: debtor’s name, utility accounts information, prepared repayment plan and related documentation. Semipermanent IC §50-907(2)(a,g) 5 years after receipt of Trustee Final Report or an Order Dismissing the Case Budget Preparation Records Working documents utilized to establish yearly budget, including enhancements, amendments, carry forward support, FTE anticipation, and quotes for goods or services. Transitory Until administrative need ends or superseded Civil Case Files Pending and closed cases filed by and against the city, including all pre-litigation, litigation, appellate documents (complaints, summons, investigations, reports, attorney notes, discovery-related records, pleadings, affidavits, motions, deposition transcripts, disposition, orders and judgments, exhibits, appeals, and related records), and bankruptcy files. Semipermanent IC §50-907(2)(g) 10 years after date of last action Departmental Reports Reports prepared by the city attorney for the mayor and city council. Semipermanent IC §50-907(2)(e) 5 years Director/Manager HR-related Records Director and manager’s records regarding City Attorney’s Office employees, including performance Transitory Until employee separation (then transferred to HR) 8 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD evaluations, comment cards, complaints, certificates, etc. Forms, Templates Legal forms and templates. Transitory Until superseded Land Use Appeals Appeals of land use decisions, including staff reports, pleadings, briefs, and related records. Semipermanent IC §50-907(2)(g) 10 years after date of last action Legal Opinions, Memoranda Formal and informal opinions and memoranda rendered by the city attorney for the mayor, city council, or city departments, examining legal questions relating to state/federal law/rules or local ordinances/policies. Semipermanent IC §50-907(2)(g) 10 years Privileged Administrative Records Records held in confidence by the City Attorney’s Office regarding confidential or privileged matters including personnel investigations, settlements related to personnel matters. Semipermanent IC §50-907(2)(g) 75 years Settlement Records Settlement agreements and related documentation from civil cases, claims, mediation, and arbitration. Semipermanent IC §50-907(2)(g) 75 years Training Materials Records related to training and continuing education programs attended by City Attorney’s Office staff. Documents may include instructional materials, course descriptions, class enrollment and attendance records, certificates of attendance, etc. Transitory Until administrative need ends or superseded Risk Management Claim Files Claims for damages filed by and against the city, including claims caused by city employees/ equipment, including Property Damage Records, Liability Claims Records, Public Injury Reports, and related correspondence. Semipermanent IC §50-907(2)(a,g) 10 years, provided there is no litigation. (See Civil Case Files for litigated claims) Insurance Policy Records Records documenting the terms and conditions of city insurance policies covering liability, property, motor vehicle, etc. Records usually include: policies, endorsements, rate change notices, agent of record, and related documents. Semipermanent IC §50-907(2)(g) 5 years 9 | P a g e CITY CLERK ’S OFFICE RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative Records Activity Logs/Reports Daily, weekly monthly or other reports documenting the activities of the City Clerk’s Office employees, including but not limited to: sign in/out sheet for keys, archival Records and phone Logs, land use, ordinances, permits, minutes, and resolution tracking spreadsheets, and Dashboard statistics Transitory Until administrative needs ends Administrative Records Copies of: A/P invoices, Expense Reports, MIP A/P unposted Reports, Detailed Statements of Revenues and Expenditures Transitory Until administrative need ends or record is superseded Budget Preparation Records Working documents utilized to build base budgets and establish yearly budgets, including but not limited to enhancements, amendments, carry forward support, FTE anticipation, vehicle replacement, quotes for service/maintenance Transitory 1 year or until administrative need ends Correspondence Policy/program correspondence, documenting the formulation, adoption and implementation of significant policy/program decision. Including but not limited to Commission, Committee and City Clerk determination. Permanent In perpetuity Records created or received in the course of administering city policies, procedures or programs, but these records do not provide insight into significant policy, procedure or program discussions or decisions. Semipermanent 5 years Correspondence created or received in the course of administering City policies, procedures or programs including but not limited to memos, notes, thank you notes, surveys, letters to businesses and citizens and day -to day office and housekeeping correspondence that doe s not contain unique information about City functions or programs, for example scrolling agenda and announcements. Transitory Until administrative need ends Customer Complaints/Kudos Complaint or Compliment records including but not limited to letters, phone Transitory Until administrative need ends 10 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD calls, comment cards and in person feedback from citizens, customers, developers and contractors Forms/Templates Forms/Templates created for use by the City Clerk’s Office including but not limited to visual aids, applications, checklists, land use transmittals and web documents Transitory Until administrative need ends or record is superseded HR Documents Departme ntal employee personnel records, including but not limited to training records, coaching notes, Performance Evaluation, contact information. Record is confidential and will be kept in a locked files with manager until employment has ended; File sent to H R for retention after termination (voluntary or involuntary) Transitory Until employment is terminated; then forward to HR Meeting Records and Notes Special Projects/Initiatives Internal meeting records and/or staff level notes generated in the course of day to day business, including but not limited to; agendas, notes and presentations Transitory Until administrative need ends or superseded Reference/Owner’s Manuals/ Handbooks Documents to include but not limited to: Owner’s Manuals and code updates Transitory Until superseded or administrative need ends Department Guidelines, Policies, Procedures, Processes and Reports Departmental Policy or program records documenting the formulation, adoption and implementation of departmental policy or program decisions. Including but not limited to Standard Operating Procedures and Guidelines, reference materials or materials obtained from another government entity or agency used in the development of said procedure Transitory 1 year after document is replaced and/or administrative need ends Presentations Formal department presentations to Council, Chamber of Commerce or other agencies/entities or people, e.g. New Council member training, Joint Council/Commission workshop training Transitory Until administrative need ends Telephone Records Message logs, voicemails, Shortel call volume reports etc. Transitory Until administrative need ends Operational Records Audio/Video Recordings Audio and video recordings of City Council, Commission and Committee Meetings. Semipermanent 5 years City Council and Planning and Zoning Meeting Agenda, Minutes and Minute Books Records documenting meetings of the City Council and/or Planning and Zoning Commission and motions, resolutions, ordinances, transcripts and other actions taken at meetings. Permanent IC §50- 907(1)(a) In perpetuity 11 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Contracts & Agreements to which the City is a Party Agreements with vendors and other parties for the acquisition, lease, lease- purchase or sale of equipment, supplies, services or property, letters of credit, warranty surety agreements, and easement agreements which have been approved at a City Council meeting, approved by the Mayor, or have been recorded with Ada County. Semipermanent IC §50- 907(2)(b) 25 years Deeds & Real Property Records Records relating to ownership of real property, including deeds, title opinions, abstracts and certificates of title, title insurance, documentation concerning alteration or transfer of title, and records relating to acquisition and disposal of real property such as offer letters, options, agreements of short duration, staff reports, appraisal and inspection reports, letters of transmittal, and related records. Permanent IC §50- 907(1)(e) In perpetuity Election – Campaign Finance Reports Reports showing contributions and expenditures in city campaigns by mayor/council candidates, political committees and independent persons/entities. Includes C-1 (Certification of Treasurer), C-2 (Campaign Financial Disclosure Report), C-4 (Independent Expenditures), C-5 (48 Hour Notice of Contributions/ Loans Received), C-6 (Statement by Nonbusiness Entity), and C-7 (48 Hour Notice of Independent Expenditures). Permanent IC §50- 907(1)(g) In perpetuity Election – Candidate Declarations & Petitions Includes declarations of candidacy and intent for candidates for city elective office. Declarations of candidacy are filed by candidates to get their name on the election ballot, and are accompanied by a filing fee of $40 or a petition with the signatures of at least five qualified city electors, including a certification by the county clerk of the number of signatures that are of qualified city electors. Declarations of intent are filed by write-in candidates, and do not require the filing fee or petition. Permanent IC §50- 907(1)(g) In perpetuity Election – General/Regular (Election Files) Includes the first and second notice of election and sample ballot which are published in the official newspaper, poll books showing the name, address and Permanent IC §50- 907(1)(g) In perpetuity 12 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD signature of those voting in City elections, and the tally book in which election staff record and total the votes cast for each candidate and ballot question at the polling precinct. Election – General/Regular (Working Files) Includes the following records: polling places, judges and clerks, challengers and watchers, voting machines and vote tally systems, correspondence, and other records not specifically listed in this schedule. Semipermanent IC §50- 907(2)(g) 5 years Election ballots, including voted ballots, unused ballots, spoiled ballots, ballot stubs, absentee voting, and duplicate poll books Temporary IC § 50- 907(3)(e) 2 years Oaths of Office Signed oaths of elected officials swearing to uphold the federal and state constitutions and laws of the city. Permanent In perpetuity Passports – General Information Training records, Department of State monthly newsletters, and Passport Agent’s Reference Guide. Transitory Until administrative need ends or record is superseded Passports – Transmittals Daily transmittal spreadsheets that accompany passport applications mailed to the Department of State Regional office. Transitory 2 years Permits & Licenses Records relating to city permits and licenses issued in the City Clerk’s Office. Semipermanent IC §50- 907(2)(d) 10 years Public Notices Records relating to proof of mailings. Transitory Until administrative need ends Public Records Requests Written public records requests, city denials of public records requests, responses, etc. Temporary 1 years after last action Records Management Records Destruction records including tracking reports, destruction resolution and authorization from Idaho State Historical Society and legal counsel. Permanent In perpetuity Records of Historical Significance Records of historical significance not otherwise maintained by the Meridian Historical Preservation Commission. Permanent In perpetuity Room Scheduling & Reservation Records for City Hall Records documenting scheduling and reservations related to public meeting rooms in City Hall. Such as reservation request forms, and Outlook calendar scheduling records. Transitory Until administrative need ends Vehicle Titles State of Idaho Certificate of Title for vehicles owned by the City. Transitory Until vehicle is no longer owned by the City 13 | P a g e COMMISSIONS *, COMMITTEES , AND BOARDS RECORD DESCRIPTION CATEGORY RETENTION PERIOD Agendas Agendas of commission, committee, or board meetings Permanent IC §50- 907(1)(a) In perpetuity Audio Recordings Audio recordings of commission, committee, or board meetings Semipermanent IC §§ 50- 907(2)(g) 5 years Bylaws Internal rules governing commission, committee, or board structure, operations, procedures, officers, etc. Permanent IC §50- 907(1)(h) In perpetuity Contact Information Document listing commission, committee, or board members’ names, addresses, phone numbers, e-mail addresses, etc. Transitory Until administrative need ends Correspondence Correspondence regarding day-to-day commission, committee, or board operations or administration Transitory Until administrative need ends Historical Project Records Records documenting a commission, committee, or board project of historical or cultural significance to the City and/or Meridian community Historical IC §50-907(4) In perpetuity Minutes Summary or verbatim minutes of commission, committee, or board meetings; documents and other written or visual materials presented at meetings ( e.g ., handouts, photos, presentations, etc.) Semipermanent IC §§ 50- 907(2)(g) 5 years Project Files and Reports Documents and materials used by staff or commission, committee, or board members in the course of researching, developing, completing, reporting on, or acting on initiatives of the commission/committee/board Transitory Until administrative need ends Roster, current List of current commission/committee/ board members, including names, seat numbers, and appointment dates. Transitory Until superseded Roster, historical List of all commission, committee, or board members throughout history of the body; may include names, seat numbers, dates of appointment and departure. Historical IC §50-907(4) In perpetuity *Note: This schedule does not apply to City Council or Planning & Zoning Commission records, which are addressed in Clerk’s Office Records Retention Schedule. 14 | P a g e COMMUNITY DEVELOPMENT DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative – All Divisions: (Community Development(CD) Departmental/Operational, Building Services, Economic Development, Land Development, Planning( Community Development Block Grant(CDBG) and Current/Long Range Planning) Activity Logs/Reports Daily, weekly, monthly, or other reports documenting the activities of the Community Development (CD) employees, including, but not limited to: sign in/out sheet for credit card, car sign in/out, archival records log, and dashboard. Transitory Until administrative need ends Administrative Records Copies of: A/P invoices, expense reports, A/P unposted Reports, Detailed Statements of Revenues, and Expenditures. Transitory Until administrative need ends or record is superseded Budget Preparation Records Working documents utilized to build base budgets and establish yearly budgets, including, but not limited to: enhancements, amendments, carry forward support, Full Time Equivalent (FTE) anticipation, vehicle replacement, and quotes for service/maintenance. Transitory 1 year or until administrative need ends Committee/Ad-Hoc Team Records Agendas and meeting minutes/notes for special groups convened by Community Development for specific purposes such as understanding operational gaps, Code issues, and process delays. Temporary 2 years Correspondence Policy/program correspondence, documenting the formulation, adoption, and implementation of significant policy/program decisions. Permanent In perpetuity Records created or received in the course of administering city policies, procedures, or programs, but these records do not provide insight into significant policy, procedure, or program discussions or decisions, including, but not limited to: citizen response letters, change of address notifications including corner lot change of address, and street name changes. Semi- permanent 5 years 15 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Correspondence and support material created or received in the course of administering City policies, SOPs, programs, or customer service requests; including other city departments and interagency coordination, including, but not limited to: lists, maps, graphics, figures, and other location specific materials and information, thank you notes, letters to businesses, citizens, and day-to-day office and housekeeping correspondence, for example: final action courtesy letters, will-serve letters and address verifications. Transitory Until administrative need ends Customer Complaints/Kudos Complaint or compliment records including, but not limited to: letters, phone calls, comment cards and in person feedback from citizens, customers, developers and contractors. Transitory Until administrative need ends Department Guidelines, Policies, Procedures, Processes and Reports Departmental policy or program correspondence, documenting the formulation, adoption, and implementation of significant departmental policy or program decisions, including, but not limited to: Standard Operating Procedures (SOP) and department guidelines, etc. Permanent In perpetuity Departmental records created or received in the course of administering departmental policies, procedures, or programs, but these records do not provide insight into significant policy, procedure, program, discussions, or decisions. Including, but not limited to: citizen response letters. Temporary 2 years or until administrative need ends City/departmental SOP/policy manual or reference material from another government agency or business. Transitory 1 year after document replacement or until administrative need ends Director Determination/Inter pretation Documents, including, but not limited to: written request for Unified Development Code (UDC) interpretation, analysis, and the responsive departmental opinion. Permanent In perpetuity 16 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Forms/Templates Forms/templates created for use by the CD department, including, but not limited to: visual aids/cut-sheets, applications, checklists, and web documents. Transitory Until administrative need ends or record is superseded HR Documents Departmental employee personnel records, including, but not limited to: training records, coaching notes, performance evaluation, contact information; record is confidential and will be kept in a locked file, with manager, until employment has ended. Transitory Until employment is terminated; then forward to HR Marketing Materials Documents, including, but not limited to: working and draft research products/materials, analysis, maps, images, photos, demographics, market studies, conference materials, site selector information, spreadsheets, public outreach/town hall information, publications, or other metrics for department, inter-departmental, and external customers. Transitory Until superseded or administrative need ends Meeting Records and Notes Internal meeting records and notes generated in the course of day- to- day business, including, but not limited to: agendas, notes, and presentation. Transitory Until administrative need ends or superseded Presentations Formal department presentations to City Council, Commissions, Chamber of Commerce, other agencies/entities, or people. Transitory Until administrative need ends Professional Service Agreement(PSA)/Co ntracts Documents or communication related to a PSA/contract, including, but not limited to: copies of contract documents; emails including (performance related) correspondence from our PSA consultants (electrical, plumbing, mechanical, structural, and fire disciplines). Transitory Until administrative need ends Special Projects/Initiatives Final departmental documents related to special, non-confidential, or one-time projects, including, but not limited to: strategic plan initiatives, urban renewal districts, inventory, or non- application specific projects. Permanent In perpetuity Work-in-progress documents, material, or work products for ongoing or one time projects, including, but not limited: to Transitory Until superseded or administrative need ends 17 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD strategic plan initiatives, urban renewal districts, inventory, or non-application specific projects. Staff Working Documents, Notes and Drafts Documents, including, but not limited to: notes, draft spreadsheets, PowerPoints, Word, Adobe InDesign documents and underlying work-in-progress information that supports the day-to-day staff’s job function. Transitory Until superseded or administrative need ends Reference/Owner’s Manuals/ Handbooks Documents, including, but not limited to: owner’s manuals, International Code Council (ICC), and reference documents from other companies, government agencies (e.g. Idaho Power, American Disabilities Administration (ADA), Ada County Highway District (ACHD), Energy Commission, etc.). Transitory Until superseded or administrative need ends Reports & Studies Documents, including, but not limited to: draft research information, market studies, planning studies, and related documents not adopted in the Comprehensive Plan or UDC (e.g. pathways, downtown street crossing). Transitory Until superseded or administrative need ends Telephone Records Message logs, voicemails, ShoreTel call volume reports, etc. Transitory Until administrative need ends Zoning Verification Letter Documents, including, but not limited to: written requests for zoning analysis of a specific parcel/property and the responsive departmental opinion Semi- permanent 10 years Building Division – Commercial and Government Buildings Building Plans and Specifications for Commercial and Government Buildings Drawn and written approved for construction plans and specifications for commercial and government buildings, including, but not limited to: structural calculations, geotechnical investigations/reports (soil classifications: strength, compressibility, load bearing values tests: groundwater, borings, pits, subsurface exploration), and Certificate of Occupancy 2012 or later. Permanent In perpetuity 18 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Building Applications for Commercial Projects and Government Buildings Accela files related to commercial and governmental buildings and projects, including, but not limited to: permit application, signs, inspection records, certificates of values, photos, building, mechanical, plumbing, fire, and/or electrical permits, letters, and correspondence. Semi- permanent 10 years from record date for all records dated 2012 or later PT Win Files related to commercial and governmental buildings and projects, including, but not limited to permit application, inspection records, Certificates of Occupancy, Certificates of Values, photos, building, mechanical, plumbing, fire, and/or electrical permits. Semi- permanent 5 years from record date for all records dated 2011 or older Temporary Occupancies. Transitory Until issuance of Final CO Sign Permit Plans & Specifications Drawn and written approved for construction plans and specifications for commercial and government buildings signs, including, but not limited to: (wall, free standing, and monument/subdivision identification). Permanent In perpetuity (see Planning Schedule for Retention) Building Division – Non-Commercial and Non-Government Buildings (Residential) Building Plans & Specifications for Non-commercial & Non-government Projects (after the structure or project receives final inspection & approval) Drawn and written approved for construction building plans and Certificate of Occupancy 2012 or later. Permanent In perpetuity Building Applications for Non-Commercial Projects and Non- Government Buildings Accela Files related to Non-commercial and Non-governmental buildings and projects, including, but not limited to: permit applications, inspection records, photos, building, mechanical, plumbing, and/or electrical permits. Semi- permanent 10 years from record date for all records dated January 2012 or later PT Win Files related to Non-commercial and Non-governmental buildings and projects, including, but not limited to: permit applications, inspection records, Certificate of Occupancy, photos, Building, Mechanical, Plumbing, and/or Electrical Permits. Temporary 2 years from record date for all records dated 2011 or older 19 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Temporary Certificate of Occupancies. Transitory Until issuance of Final CO Building Correspondence for Non-compliant Projects & Building Code Enforcement Cases (compliance & legal letters) Correspondence, including, but not limited to: signed letters of alternative compliance from design professional, engineers, or architects, letters generated from City’s legal counsel, documented notes of conversations, telephone logs, photos of violations, analysis reports/logs, etc. Transitory Until administrative need ends Economic Development Economic Development Website HTML text stored in economic development website’s external data base. Documents, including but not limited to: Available Properties Lists and marketing information. Transitory Until superseded or administrative need ends Confidentiality Agreement Projects & Correspondence/Do cuments Documents, related to signed confidentiality agreements, including, but not limited to: letters of intent, community Tax Reinvestment Incentive (TRI) match letter, market research, project prospectus, photos, and written correspondence. Transitory Until administrative need ends Land Development Division – Commercial and Government Buildings Land Development Commercial and Governments Project Files Documents created or used in the land development phase of a commercial or government building project, including, but not limited to: assessment records (ERU Credits/fees for meters, landscape, single point connections, etc.), annotated plats, engineer certifications pertaining to development applications (e.g. statements of compliance, letters for storm water, pressurized irrigation, gravity irrigation , private roads), geotechnical reports indicating seasonal high ground water elevations, soil classifications and percolation rates. Permanent In perpetuity Files or documents created and/or used in the land development phase of a commercial project, including but not limited to: approval letters, soil reports, and drainage calculations. Semi- permanent 10 years Files or documents created and/or used in the land development phase of a commercial project, including, but not limited to: approved for construction Transitory Until administrative need ends 20 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD drawings, staff reports, approval letters, invoices, application review comments, will serve letters, transmittals, and memos. Land Development Division – Non-Commercial and Non-Government Buildings (Residential) Land Development Non-Commercial and Non- Government (Residential) Project Files Documents created and/or used in the land development phase of a residential or Non-Government project, including, but not limited to: assessment records (ERU Credits/fees for meters, landscape, single point connections, etc.), annotated plats, engineer certifications pertaining to development application (e.g. statement of compliance letters for storm water, pressurized irrigation, gravity irrigation and private roads). Permanent In perpetuity Files or documents created or used in the land development phase of a residential or commercial subdivision project, including, but not limited to: approval letters, soil report, and drainage calculations. Semi- permanent 10 years Files or documents created used in the land development phase of a residential or commercial subdivision project, including, but not limited to: approved for construction drawings, staff reports, approval letters, invoices, application review comments, will serve letters, transmittals, and memos. Transitory Until administrative need ends Permits and Inspection Records – All Land Development (Accela Record ID’s) Files or documents created and/or used in the land developments phase of all Governmental, Commercial, or Residential/Commercial Subdivision projects with Accela ID’s (LD-DEV, LD-CLOT, LD-RSUB, LD-CSUB, LD- CAP, LD-MISC, LD-WSA). Semi- permanent 10 years from the creation of the records Surety (performance) All documents related to surety agreements, including, but not limited to: work-in-progress files for development of a surety agreement (correspondence, bids, memos, surety applications, contract filing information), Letters of Credit, Bonds, securing the performance compliance with requirements or conditions of a project; including, but not limited to: sewer, water, landscaping, fencing, amenities, car ports, pathways, Transitory Until requirements and/or conditions are met and administrative need ends or release occurs whichever is later 21 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD lighting, paving/striping for private park lot(s), etc. Letters of Credit/Bond(s) Transitory Until requirements and/or conditions are met and administrative need ends or release occurs, whichever is later (see Clerk’s schedule) Cash Transitory Until requirements and/or conditions are met and administrative need ends or release occurs, whichever is later (see Finance’s schedule) Surety (warranty) All documents related to Surety Agreements, including, but not limited to: working files for development of a surety agreement (correspondence, bids, memos, surety applications, business filing information), Letters of Credit, Bonds, securing the performance and warranty compliance with requirements or conditions of a project; including, but not limited to: sewer, water, landscaping, fencing, amenities, car ports, pathways, lighting, paving/striping, and private park lot(s) etc. Transitory Until requirements and/or conditions are met and Administrative need ends or release occurs whichever is later Letters of Credit/Bond(s) Transitory Until requirements and/or conditions are met and administrative need ends or release occurs, whichever is later (see Clerk’s schedule) Cash Transitory Until requirements and/or conditions are met and administrative need ends or release occurs, whichever is later (see Finance’s schedule) 22 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Planning Divisions Community Development Block Grant (CDBG) Plans and Reports Plans, reports, substantial plan amendments, and related correspondence. Permanent In perpetuity Sub Recipient Agreements and Supporting Documents Documents, including, but not limited to: agreements, Consolidated Annual Performance Evaluation Report (CAPER), sub-recipient agreements, environmental review records, PSAs (and corresponding products), sub- recipient reporting documents (activity reports, draw requests, labor files), etc. Semi- permanent 10 years from the completion of a program year’s HUD approved CAPER Planning Division –Administrative Applications Accessory Use Permits for Daycare or Home Occupation Documents, including, but not limited to: application, associated checklist items, and staff report with decision letter. Permanent In perpetuity Alternative Compliance Documents, including, but not limited to: application, associated checklist items and decision letter, or decision is rendered with a concurrent administrative or hearing application. Permanent In perpetuity Certificate of Zoning Compliance Documents, including, but not limited to: application, associated checklist items, certificate of zoning compliance (CZC), and staff report. Permanent In perpetuity Conditional Use Permit Minor Modification Documents, including, but not limited to: application, associated checklist items, and staff report with decision letter. Permanent In perpetuity Design Review Documents, including, but not limited to: application, associated checklist items, and design review staff report, or decision is rendered with a concurrent CZC staff report. Permanent In perpetuity Private Road Documents, including, but not limited to: application, associated checklist items, tentative decision letter, maintenance agreement, reciprocal cross access easement and final decision letter. Permanent In perpetuity Property Boundary Adjustment Documents, including, but not limited to: application, associated checklist items and tentative decision letter, final decision letter, and documents that include recorded record of survey, new deeds, new tax parcel numbers, etc. Permanent In perpetuity 23 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Sign Permit Plans & Specifications Documents, including, but not limited to: application, associated check list items and approved, sign specifications (plans/design/drawings). Permanent In perpetuity Sign: Planned Sign Program; No longer issuing, but still have existing records Documents, including, but not limited to: approved application, and sign requirements for a specific project. Semi- permanent 5 years after revocation from property owner Sign: Limited Duration Documents, including, but not limited to: application, associated checklist items, and approved sign design/drawings. Semi- permanent 10 years Surety: Planning Included in Land Development Description. See Land Development Schedule for retention See Land Development Schedule for retention Time Extension Documents including, but not limited to: application, staff report, and decision letter. Semi- permanent 5 years Vacation Documents, including, but not limited to: application, associated checklist items and staff report with decision letter. Permanent In perpetuity Annexation Documents, including, but not limited to: application, associated checklist items, staff report, Planning and Zoning Commission Recommendations, and Findings. Permanent In perpetuity Comprehensive Plan Text and Map Amendments Documents, including, but not limited to: application, associated checklist items, staff report, area of city impact negotiation with Ada County, Planning and Zoning Commission Recommendations, Findings if accompanying another concurrent hearing application. Permanent In perpetuity City Council Review (appeal) Documents, including, but not limited to: application, associated checklist items, staff report/memo and decision letter. Permanent In perpetuity Conditional Use Permit Modification Documents, including, but not limited to: application, associated checklist items, staff report, and Findings. Permanent In perpetuity Development Agreement Documents, including, but not limited to: application, associated checklist items, Permanent In perpetuity 24 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Modification staff report, draft copy of the amended development agreement, and Findings. Planned Unit Development Documents, including, but not limited to: application, associated checklist items, staff report, Planning and Zoning Commission Recommendations, and Findings. Permanent In perpetuity Final Plat Modification Documents, including, but not limited to: application, associated checklist items, staff report, Order of decision. Permanent In perpetuity Preliminary Plat Documents, including, but not limited to: application, associated checklist items, staff report, Planning and Zoning Commission Recommendations, Findings. Permanent In perpetuity Preliminary and Final Plat Documents, including, but not limited to: application, associated checklist items, staff report, and Order of Decision. Permanent In perpetuity Short Plat Documents, including, but not limited to: application, associated checklist items, staff report, and Findings. Permanent In perpetuity Rezone Documents, including, but not limited to: application, associated checklist items, staff report, Planning and Zoning Commission Recommendations, and Findings. Permanent In perpetuity Time Extension - Planning & Zoning Commission or Council Documents, including, but not limited to: application, associated checklist items, staff report, and Order. Permanent In perpetuity Unified Development Code Text Amendment Documents, including, but not limited to: application, associated checklist items, staff report, Planning and Zoning Commission Recommendations. Permanent In perpetuity Vacation Documents, including, but not limited to: application, associated checklist items, and staff report. Permanent In perpetuity Variance Documents, including, but not limited to: application, associated checklist items, staff report, and Findings. Permanent In perpetuity 25 | P a g e FINANCE DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative – All (Administration, Arts & Culture, Billing, Budget, Controller, Purchasing) Activity Logs/Reports Daily, weekly monthly or other reports documenting the activities of the Finance Department employees, including but not limited to: sign in/out sheet for credit card, car sign in/out, etc. Transitory Until one year after audit Correspondence Adopted policy/programs impacting departments City-wide Permanent In perpetuity Records created or received in the course of administering city policies, procedures or programs, but these records do not provide insight into significant policy, procedure or program discussions or decisions. Including but not limited to Citizen Response letters, billing adjustment requests, etc. Semipermanent 5 years Correspondence created or received in the course of administering City policies, procedures or programs including but not limited to Memos, transmittals, notes, comments, thank you notes, letters to businesses and day-to day office and housekeeping correspondence that does not contain unique information about City functions or programs. Transitory Until administrative need ends Committee Records Agendas and meeting minutes/notes for special groups convened by the department for specific purposes such as understanding operational procedures, gaps, and process delays Transitory Until administrative need ends Customer Complaints/Kudos Comment cards, copies of emails, letters, and other documents relaying complaints or kudos for staff and/or department functions Transitory Until administrative need ends Department Guidelines, Policies, Procedures, and Processes Finance Departmental Standard Operating Policy/Procedures Transitory Until record is superseded Administrative Reports Documents generated by department staff for miscellaneous internal reports. May also include complaints or compliment records including but not limited to letters, phone calls, comment Transitory Until administrative need ends 26 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD cards and in person feedback from citizens, customers, Forms/Templates Forms/Templates created for use by the Finance Department including but not limited to visual aids, applications and checklist, billing forms, budget and purchasing templates Transitory Until administrative need ends or record is superseded HR Documents Departmental employee personnel records kept in locked files with manager until employment has ended; File sent to HR for retention after termination(voluntary or involuntary) Transitory Until employment is terminated; then forward to HR Staff Records and Notes Records and notes generated in the course of day to day business, including but not limited to; agendas, minutes, notes, presentations, notebooks, meeting notes, to-do lists, employee –compiled notes, etc. May also include documented attendance and presentation by Finance Department employees at conventions, conferences, seminars, workshops and similar training events. Includes training requests, training and Continuing Education Unit tracking reports and other related correspondence Transitory Until administrative need ends or superseded Photographs Includes both formal and informal photos from events or day to day operations Transitory Until administrative need ends or superseded Presentations Formal department presentations to Council or others, e.g. New Council member training, citywide staff training. Transitory Until superseded or administrative need ends Reference/Owner’s Manuals/Books Documents to include but not limited to: equipment manuals, reference materials Transitory Until superseded or administrative need ends Special Projects/Initiatives Documents related to special or non- confidential one-time projects Temporary 2 years or until administrative need ends Telephone Records Message logs, voicemails, etc. Transitory Until administrative need ends Arts and Culture 27 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD See Committees, Commissions, and Boards section of the retention schedule Accounting Accounts Payable Records documenting payment of city bills, including reports, invoices, check stubs, purchase orders, payment authorizations. Semipermanent IC §50- 907(2)(a) 5 years Accounts Receivable Records documenting billing and collection of monies owed to the city by vendors, citizens, organizations, governments, etc. Records include: reports, receipts, invoices, statements, etc. Information typically includes: receipt amount, date, invoice number, name, account number, account balance, adjustments, etc. Semipermanent IC §50- 907(2)(a) 5 years Cash Receipts Receipt and supporting documentation Semipermanent IC §50- 907(2)(a) 5 years Grant Records Records documenting the application, evaluation, awarding, administration, reporting and status of grants applied for, received, awarded or administered by the city. Records include: applications and proposals, summaries, objectives, activities, budgets, exhibits, award notices, progress reports, contracts, financial reports, and related correspondence and documentation. Semipermanent IC § 50- 907(2) (g) 10 years from final grant close-out Sales & Use Tax Forms Used to report and remit sales tax collected and due to the state. Semipermanent IC §50- 907(2)(a) 5 years Travel Records Records documenting requests, authorizations, reimbursements, and other actions related to employee travel, including expense reports and receipts, vouchers and related documents. Semipermanent IC §50- 907(2)(a) 5 years Budget Financial Reports Quarterly Published Reports documenting the financial condition and operation of the city, Reports include information on revenues and expenditures in relation to the final budget. Semipermanent IC §50- 907(2)(a) 10 years Financial Reports Year End Reports and data used to document the financial condition and operation of the Semipermanent IC §50- 5 years 28 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD city, sub ledgers related to, but not including the final Audit Report. 907(2)(a) Bank Transaction Records Records documenting the status and transaction activity of city bank accounts, including account statements. Semipermanent IC §50- 907(2)(a) 5 years Budget Hearing Notice Newspaper notice of budget hearing. Permanent IC §50- 907(1)(h) , Held in Clerks Office In perpetuity Budget Records Records used in preparing and adopting the city budget, including revenue projections, instructions, department requests, worksheets, council-approved tentative budget and notice of budget hearing, adopted appropriations ordinance and amendments, and other information. Semipermanent IC §50- 907(2)(a) 10 years Cancelled checks Bank record of account transactions. Semipermanent IC §50- 907(2)(a) 5 years Capital Asset Records – Purchase Record of purchase, vendor invoice and related documents. Semipermanent IC §50- 907(2)(a) 5 years Capital Asset Records – Disposal Record of disposal, department request of disposal. Semipermanent IC §50- 907(2)(a) 5 years after disposal Gift and Contribution Records Records documenting gifts and contributions to the city. Semipermanent IC §50- 907(2)(a) 10 years Chief Financial Officer Investment Records Reports, statements, summaries, correspondence and other records documenting and tracking investments made by the city, including the Local Government Investment Pool. Semipermanent IC §50- 907(2)(a) 5 years Controller Accounting Software Records Transaction records within the Accounting Software system: including – payroll, vendor listing, vendor payments, vendor purchase orders, budget transactions, cash receipts, and general ledger. Semipermanent IC §50- 907(2)(a) 10 years 29 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Audit Report Documents the city’s annual audit, examining compliance with generally accepted accounting principles and methods, the accuracy and legality of transactions and accounts, and compliance with requirements, orders, and regulations pertaining to the financial condition and operation of the city. Information includes: financial statements, auditor’s report and recommendations, single audit information concerning federal grants, and other information. Permanent IC §50- 907(1)(d) ; Held in Clerks Office In perpetuity Bond Records Records documenting financing of city improvements through bonded indebtedness. Records include: bond rating information, bond and election ordinances, legal notices announcing bond election, bond counsel information and opinions, covenants, paid bonds and coupons, bond registers, State Treasurer public bond issue reports (IDAPA 54.01.01), etc. Permanent IC §50- 907(1)(a)(b)(h) ; Held in Clerks Office In perpetuity Departmental Reports Reports documenting the financial condition and operation of the city, issued on a monthly, quarterly, annual or other basis, including quarterly published treasurer’s report and year-end financial reports. Reports include information on revenues and expenditures in relation to the final budget. Semipermanent IC §50- 907(2)(e) 10 years General Ledgers Records documenting the summary of accounts reflecting the financial position of the city, showing debit, credit and balance amounts per account, budget, fund and department, asset depreciation, and totals for notes receivable, interest income, amounts due from other funds, bank loans received, cash in escrow, deferred loans received, cash, revenue, accounts receivable, accounts payable, etc. Semipermanent IC §50- 907(2)(a) 10 years Journal Entries Records including detailed reports and back up documentation for journal entries Semipermanent IC §50- 907(2)(a) 5 years Local Improvement Records documenting the formation of a local improvement district and levying Permanent IC § 50- In perpetuity 30 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Districts (LID) of special assessments, including: ordinance, published notices, assessment roll, appeals, affidavits, bonds and coupons, delinquencies, and related correspondence and documents. 907(1)(e); Held in Clerks Office Real Property Title Records Records of real property. Permanent IC §50- 907(1)(e ); Held in Clerks Office In perpetuity Payroll Administrative Reports Reports, statistical studies, and other records designed and used for budget preparation, projections, workload and personnel management, and research and general reference. Semipermanent IC §50- 907(2)(a) 10 years Deduction Authorization Records Records documenting employee authorization for voluntary payroll deductions. Records may include: direct bank deposits, insurance applications, enrollment cards, deduction authorizations, approval notices, deduction terminations, and related records. Semipermanent IC §50- 907(2)(a) 5 years after employee separation Federal & State Tax Records Records, in addition to those itemized in this section, used to report the collection, distribution, deposit, and transmittal of federal and state income taxes as well as social security tax. Examples include: the federal miscellaneous income statement (1099), employers’ quarterly federal tax return (941, 941E), tax deposit coupon (8109), and similar federal and state completed forms. Semipermanent IC §50- 907(2)(a) 5 years Garnishment Record Records documenting requests and court orders to withhold wages from employee earnings for garnishments, tax levies, support payments, and other reasons. Usually includes original writs of garnishment, orders to withhold, federal or state tax levies, recapitulations of amounts withheld, and related records. Information usually includes: employee name and social security number, name of agency ordering garnishment, amount, name of party to whom payment is submitted, dates, and related data. Semipermanent IC §50- 907(2)(a) 5 years after termination. 31 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Registers – Other Monthly registers documenting earnings, deductions, and withholdings of city employees. Transitory Disposed yearly after audit Registers Year End Payroll Registers: Registers or records serving the same function of documenting the earnings, voluntary and required deductions, and withholdings of city employees. Information usually includes employee name and social security number, hours worked, rate, overtime, vacation value, various allowance, gross pay, federal and state withholding, voluntary deductions, net pay, and related data. Semipermanent IC §50- 907(2)(a) 5 years Time Records Records documenting hours worked, leave hours accrued, and leave hours taken by city employees. Information usually includes: employee name and employee number, hours worked, type and number of leave hours taken, total hours, dates and related data. Semipermanent IC §50- 907(2)(a) 5 years after employee separation W2s Annual statements documenting individual employee earnings and withholdings for state and federal income taxes and social security tax, also known as federal tax form W-2. Information includes: city name and tax identification number, employee name and social security number, wages paid, amounts withheld, and related data. Semipermanent IC §50- 907(2)(a) 5 years W4s Certificates documenting the exemption status of individual city employees, also known as W-4 forms. Information includes: employee name and address, social security number, designation of exemption status, and signature. Semipermanent IC §50- 907(2)(a) 5 years after employee separates PERSI Records Records relating to PERSI, including Employer Remittance Forms, invoices, correspondence, financial adjustments, etc. Semipermanent IC §50- 907(2)(a) 5 years Unemployment Reports Records documenting employee earnings on a quarterly basis. Used to document costs and charges in the event of an unemployment compensation claim. Information includes: employee Semipermanent IC § 50- 907(2)(a) 5 years 32 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD name and social security number, quarterly earnings. Purchasing Contracts Agreements with vendors and other parties either in hard copies or contained on the Contract Management Database for the acquisition or sale of equipment, supplies, services or property, also includes insurance certificates, payment and performance bonds pertaining to a solicitation or contract that Purchasing is facilitating. Semipermanent IC §50- 907(2)(b) 5 years from date of substantial completion Original agreements and contracts that have been approved by Council Permanent, Held in Clerks Office In perpetuity Lease Agreements Lease agreements for property or equipment. Semipermanent IC §50- 907(2)(b) 5 years Purchase Orders Requests and purchase orders for goods or services purchased by the city. Information includes: department, delivery location, date, quantity, description, unit and total price, and authorizing signatures. Semipermanent IC §50- 907(2)(a) 5 years Purchasing Selection Records documenting competitive bidding and purchase of goods, services, and public works construction, and procurement of design professionals. Records include: published notices and solicitations, specifications, bids, requests for qualifications, statements of qualifications, etc. Semipermanent IC §50- 907(2)(a) 5 years from the date of award Utility Billing Adjustment Registers Records documenting adjustments to customer water, sewer, garbage or other city-provided service billings for debits, credits, refunds, returned checks, and related reasons. Information usually includes: customer’s name and address, type of adjustment, justification, amount changed, authorizing signatures and other information. (Records held within the billing software). Semipermanent IC §50- 907(2)(a) 5 years 33 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Billing Directive Application completed by owner or property manager to initiate Third Party billing for specified utility account. Information included: owner, property manager, tenant, move-in date, and service address. Semipermanent IC §50- 907(2)(a) 5 years Billing/Payment Registers Records documenting transactions on the water, sewer, garbage or other city- provided service account of each customer. Useful for reference to assure accurate customer billings and posting of payments. Information often includes: customer’s name, service address, meter reading, water usage, utility charges, payments, adjustments and related data. (records held within the billing software). Semipermanent IC §50- 907(2)(a) 5 years Change Record Records documenting routine information changes to customer accounts, including name and address. (Records held within the billing software). Semipermanent IC §50- 907(2)(a) 5 years Customer File General correspondence and forms related to a specific utility account. This information would be in addition to that found within the billing software. Documents in file may include and are not limited to: general letters, payment arrangement forms, third party billing docs, hard copies of customer history reports, leak adjustment requests, letters submitted to the City for customers. Semipermanent IC §50- 907(2)(a) 5 years Disconnect Notice to City Council Notice to City Council to verify that no customer currently slated for shut off due to non-payment has requested a hearing with the Board of Adjustment. Notice includes number of customers slated for shut off and the value of the delinquent accounts. Semipermanent IC §50- 907(2)(a) 5 years Disconnect Record Records documenting a customer’s request for disconnection of water, sewer, garbage or other city-provided Semipermanent IC §50- 5 years 34 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD services. (records held within the billing software). 907(2)(a) Meter Readings Document the readings of customer water meters for billing purposes. Information typically includes: meter reading, date read, account number, billing code, final reading, reason for turnoff, meter changes, and related data. (records held within the billing software) Semipermanent IC §50- 907(2)(a) 5 years Payment Arrangements One page document that records a customer’s promise to pay. Transitory Until administrative need ends. Renter Addendums Supplemental document completed by the tenant to accept the third party billing for specified utility account. Information included: tenants name, service address, mailing address and phone number. Semipermanent IC §50- 907(2)(a) 5 years Security Deposit Records Records documenting customer payment of a security deposit to receive temporary dumpster services. Information usually includes date, amount of deposit, customer’s name, address, and account number, date account closed, refund date, amount of deposit applied, and related information. Semipermanent IC §50- 907(2)(a) 5 years Shut Off Turn On Electronic spreadsheet used during shut off day by water department field staff and MUBS. Tracks customers that are to be shut off, payments, and turn-ons as authorized. Record includes: Customer name, service address, meter id, time of shut off, time of payment, time of turn- on, fee waived if applicable and general notes. Semipermanent IC §50- 907(2)(a) 5 years 35 | P a g e FIRE DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative Records Records regarding day-to-day administration of department, e.g., copies of invoices, travel records, uniform clothing purchases, fuel charges, fuel receipts, fuel reports, inventory asset information forms, phone logs and waste water inventory. Transitory Until administrative need ends or record is superseded Car Seat Inspections Car seat inspection forms. Semipermanent 10 years Correspondence Day-to-day office and housekeeping correspondence not unique to city functions or programs. Transitory Until administrative need ends General administrative correspondence, including records created or received in the course of administering city policies/programs, but not related to significant policy/program discussions or decisions. Includes customer survey cards. Semipermanent 5 years Policy/program correspondence, documenting the formulation, adoption, and implementation of significant policy/program decisions, including letters to personnel, Certified Family Home Fire District letters, letters regarding training burns, etc. Permanent In perpetuity Department Reports Monthly, Quarterly and Annual Department reports. Permanent In perpetuity Equipment and Vehicle Test, Maintenance & Repair Records Records documenting maintenance and repairs of equipment, vehicles and other assets with a useful life generally more than five years. Includes the following: fire hose records (such as test date, date previously tested, apparatus number, station number, hose diameter, conditions found, service date, defects corrected, etc.), annual ladder inspections and test results, tests done on SCBA’s (including flow testing), etc. Vehicle maintenance records, inspections, pump testing and repair records of apparatus. Emergency medical equipment maintenance records used to verify regular maintenance of emergency medical equipment such as copies of contracts, maintenance schedules, test protocols, equipment inventory, performance test records, repair records, parts used and service reports. Per NFPA Standards 1901,1961,1852 and 1500. Permanent In perpetuity 36 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Fire & Security Alarm System Records Records documenting the department’s role in issuing permits, testing and maintaining fire and security alarms, including fire alarm and sprinkler system plans. May include permits, applications, malfunction reports, maintenance reports, and related documents. Permanent In perpetuity Fire Investigation Records Fire and arson investigation case files, including investigative reports, witness statements, photographs, maps, correspondence, notes, video and audio recordings, copies of property releases, laboratory reports, and incident/injury reports. Permanent In perpetuity Hazardous Materials Records Inspection records of underground and above ground fuel storage tanks. Reports and investigation results of incidents including spills and leaks, etc. Permanent In perpetuity Historical Records Newspaper clippings and articles relating to the Meridian Fire Department, photos of events. Permanent In perpetuity In-Home Care Facility Inspections Documents relating to fire code inspections performed by the department of home daycares and foster care homes. May include reports, notices, citations, occupancy and pre- fire planning records, floor plans, sketches, reports, lists and related documents. Permanent In perpetuity Inspection and Occupancy Records for Commercial Buildings Documents relating to fire code inspections performed by the department of commercial buildings. May include reports, notices, citations, occupancy and pre-fire planning records, floor plans, sketches, reports, lists, Tier II reports and related documents. Permanent In perpetuity Juvenile Fire Setter Evaluations Case files related to juvenile fire setter investigation, including investigative reports, witness statements, photographs, maps, correspondence, notes, video and audio recordings, copies of property releases, laboratory reports, incident/injury reports. Permanent In perpetuity Maps Maps and related records maintained by the department for address location, reference and for tracking various trends. May include lists, books and other methods of address location. Transitory Until superseded Meeting Minutes Final, approved Officer and Command Staff meeting minutes. Semipermanent 5 years Narcotics Inventory & Usage Narcotic inventory and usage- hard copy, narcotics distributed to the engine companies. Temporary 3 years 37 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD National Fire Incident Reports National Fire Incident Reporting System (NFIRS) Fire Incident Report, relating to fire run, medical emergency, casualty, hazardous materials call, false alarm, good intent, or service call. May include property release forms, civilian and fire service casualty reports, hazardous materials reports, etc. Permanent In perpetuity Patient Care Records Records related to patient care, refusal of care, denial of need for care, supplemental emergency medical services reports, diagnostic attachments to include ECG, care summary reports and vital sign reports. Permanent In perpetuity Plans, Protocols, Guidelines, Policies Records related to department operations, including Medical Supervision Plan, standing written orders, operational guidelines, administrative and operational policies. Transitory Until superseded Proof of Insurance Proof of worker’s compensation and other insurance required for training tower usage by other agencies. Transitory Until superseded Public Education Programs & Publications Records related to the design and implementation of educational and other outreach programs provided to the public by the department. May include: class descriptions, instructional materials, course outlines, class enrollment and attendance records, reports, speeches, and publications. Semipermanent 5 years Public Record Requests Public records requests and responses. Temporary 2 years after last action Ride-Along Forms Signed waivers for persons requesting a ride- along with the department. Ride Along tracking records. Temporary 2 years Rural Fire Protection District Records All records of activities of the department or other City departments as they relate to the Meridian Rural Fire Protection District. May include: annual audits, land and apparatus acquisition records, records relating to construction of fire stations, bank statements, tax levy forms, Local Government Investment Pool statements, financial statements, annual budget records, legal notices, meeting minutes, election records, declarations of candidacy, election results, ICRMP insurance records, audio recordings of meetings. Permanent In perpetuity Structure Burn Training Records Records related to structure burns. Semipermanent 10 years 38 | P a g e HUMAN RESOURCES DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative Records Copies of administrative records including A/P invoices, expense reports, professional membership documents, etc. Transitory Until administrative need ends or record is superseded Affirmative Action; Equal Employment Opportunity Commission Reports Records documenting city compliance with the Civil Rights Act of 1964, the Equal Employment Opportunity Act of 1972 and the Americans with Disabilities Act. Records include: plans, policy statements, reports, investigations, case files and related information. Also includes EEO-4 reports submitted to the Equal Employment Opportunity Commission (EEOC) documenting compliance with EEOC requirements by cities with 15 or more employees. Semipermanent IC § 50-907(2)(g); 29 CFR 1602,1602.14, 1620.32 5 years from date of request or personnel action whichever is later Benefits Continuation Records documenting notice to employees, spouses and dependents informing them of their rights to continue insurance coverage after termination or disability or family leave and whether coverage was elected or rejected. Continuation may be under COBRA or another provision. Notice is also sent to a third party administrator who administers the extended coverage. Records may be filed with the Employee Benefits Records or Employee Personnel Records. Semipermanent IC § 50-907(2)(g); 29 CFR 1627.3 75 years after employee separation, expiration of eligibility, or completion of litigation, whichever is longest Budget Prep Records Working documents utilized to build base budgets and establish yearly budgets; worksheets, enhancements, amendments, etc. Semipermanent 10 years Collective Bargaining Records documenting negotiations between the city and employee representatives, including contracts, reports, negotiation notes, letters of agreement, arbitration findings, cost analyses, minutes, tape recordings, etc. Temporary IC § 50-907(3)(d); 29 CFR 516.5 3 years Committee Records Agendas and meeting minutes/notes for special groups convened by HR for specific purposes such as Benefits, Compensation, and Wellness. Semipermanent 7 years Correspondence, Administrative Correspondence created or received in the course of administering City policies and programs. Semipermanent 5 years Correspondence, Correspondence regarding day-to-day office Transitory Until administrative 39 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Transitory operations and does not contain unique information about City functions or programs. need ends Databases Database records created and maintained for the purposes of generating reports, data files, and a variety of different outputs. Transitory Until administrative need ends or record is superseded Department Guidelines, Policies, Procedures, Processes, and Reports HR guidelines, including but not limited to, Salary Administration Guidelines. Semipermanent 10 years from date guideline in its entirety, or any part thereof, is officially replaced, updated City Standard Operating Policy/Procedure Manual. Semipermanent 20 years from date SOP Manual in its entirety, or any part thereof, is officially replaced, updated Records documenting and relating to HR processes, including but not limited to, recruiting/interviewing processes. Semipermanent 5 years from date HR process in its entirety or any part thereof, is officially replaced, updated Policies, reports, and documents regarding the internal department operations and procedures (e.g. Turnover, Recruiting reports, etc.). Semipermanent 10 years HR reports regarding department performance or other management presentations. Includes reports documenting trends, department or City performance in key areas as determined. Semipermanent 10 years Records that document the formulation, adoption and implementation of internal actions/decisions. Transitory Until administrative need ends or record is superseded Employee Benefits Records relating to city employee benefits information such as: selection of insurance plans, retirement, pension, and disability plans, deferred compensation plans, and other benefit information. Records may include but are not limited to: plan selection and application forms, enrollment records, contribution and deduction summaries, personal data records, authorizations, beneficiary information, notices of disability payment made, and related documentation. Semipermanent IC §§ 50-907(2)(g) and 45-610; 29 CFR 1627.3; 29 CFR 1602.31; IDAPA 09.01.35.081 75 years after employee separation, expiration of eligibility, or completion of litigation, whichever is longest Employee Medical Records Document an individual employee’s work- related medical history. These records are not personnel records and must be kept in a Semipermanent IC §§ 50-907(2)(g) and 72-601; 29 75 years after employee separation, 40 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD separate location from employee personnel records as required by the Americans with Disabilities Act. Records may include, but are not limited to: medical exam records (pre-employment, pre-assignment, periodic or episodic), X-rays, records of significant health or disability limitations related to job assignments, documentation or work-related injuries or illnesses, hearing test records, hazard exposure records, first- aid incident records, physician statements, release consent forms and related correspondence. CFR 1602.31; 29 CFR 1910.1020 expiration of eligibility, or completion of litigation, whichever is longest Employee Personnel Records Document of employee’s work history. Records may include, but are not limited to: employment applications, notices of appointment, training and certification records, records of health limitations, drug testing, salary schedules, personal actions, performance evaluations, awards and other special recognition, letters of recommendation, investigation information, disciplinary action, notices of layoff, letters of resignation, home address and telephone, emergency notification forms, oaths of office, grievance and complaint records, and relate correspondence and documentation. (See also Employee Benefits Records, Employee Medical Records, Recruitment and Selection Records, and Volunteer Records). Semipermanent IC §§ 50-907(2)(g) and 45-610; 29 CFR 1627.3; 29 CFR 1602.31; IDAPA 09.01.35.081 75 years after employee separation, expiration of eligibility, or completion of litigation, whichever is longest Employment Verification (I-9) of Job Applicants Document to the U.S. Immigration and Naturalization Service that an applicant or employee is eligible to work in the U.S. Information includes: employee information and verification data such as citizenship or alien status and signature, employer review and verification data such as documents, which establish identity and eligibility, and employer’s signature certifying that documents were checked. This category includes forms completed for all new hires, as superseded or previous forms completed on rehires. Temporary IC § 50-907(3)(d), 8 U.S.C. § 1324a(b)(3) (Immigration Reform and Control Act) 3 years after date of hire or 1 year after employment is terminated, whichever is later Forms Forms created for use by HR personnel to facilitate work, including Performance Review, job description template, PAR template, etc. Transitory Until administrative need ends or record is superseded Hazard Exposure Emergency response employees exhibiting Semipermanent 75 years after 41 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Records signs or symptoms possibly resulting from exposure to hazardous substances are required to be provided medical examination and consultation. Records include: employee’s name and social security number; physician’s written opinion, recommended limitations; results of examinations and tests; employee medical complaints related to hazardous substance exposure; description of employee’s duties as they relate to exposure; the employee’s exposure levels or anticipated exposure levels; description of protective equipment used; and information from previous medical examinations of the employee which is not readily available to physician and other information. IC § 50-907(2)(g); 29 CFR 1910.1020 employee separation, expiration of eligibility, or completion of litigation, whichever is longest Insurance Policies/Plans: Employee Group Health and Life Benefits Records documenting plan descriptions and summaries of city insurance policies and plans covering employee group health and life benefits, including annual certification records. Semipermanent 10 years Kinds and Levels Chart Records documenting the description, classification and compensation of city jobs and positions. Usually includes details of duties and responsibilities of each position time percentage breakdowns of tasks, skills and abilities needed for each position, and related records documenting the development, modification or redefinition of each job or position. Temporary IC § 50-907(3)(d); 29 CFR Part 1602 and 29 CFR 1627.3 3 years Leave Applications Applications or requests submitted by city employees for compensatory, family and medical leave, long term leave, and other leave time. Information usually includes: employee name, department, date, leave dates requested, type of leave requested, and related data. These are not kept by Finance. Temporary IC §50-907(3)(d) 3 years Meeting Minutes Internal staff meeting records. Transitory Until administrative need ends or record is superseded Newsletters HR2You Newsletters. Transitory Until administrative need ends or record is superseded Organization Charts HR Department Organization Charts. Transitory Until administrative need ends or record is superseded Personnel Action Completed employee forms submitted to Semipermanent 75 years after 42 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD (PAR) Forms HR upon initial hire, pay increase or decrease, change of address, or change of supervisor. IC § 50-907(2)(g); 29 CFR Part 1602 and 29 CFR 1627.3 employee separation, expiration of eligibility, or completion of litigation, whichever is longest Photographs Photographs relating to HR sponsored/conducted City events (e.g. service awards, employee picnic, Wellness events, etc.). Transitory Until administrative need ends or record is superseded Photo Identification Photographs and other records used to identify city employees, private security personnel, contract workers and other. May include photographs taken by City for identification or prox card or driver’s license photocopy. Transitory Until superseded, obsolete or administrative needs end Position Descriptions Records documenting the description, classification and compensation of city jobs and positions. Usually includes details of duties and responsibilities of each position time percentage breakdowns of tasks, skills and abilities needed for each position, and related records documenting the development, modification or redefinition of each job or position. Temporary IC § 50-907(3)(d); 29 CFR Part 1602 and 29 CFR 1627.3 3 years Presentations Formal departmental presentations to Council, other formal bodies. Semipermanent 5 years Public Records Requests Public records requests and responses. Transitory 1 year after last action Recruitment and Selection Records for Applicants who are Hired Documents regarding the recruitment and selection of city employees and contracted service providers such as attorneys, auditors, consultants, etc. Records may include, but are not limited to: job announcements and descriptions, applicant lists, applications and resumes, position advertisement records, civil service and other examination records, interview questions, interview and application scoring notes, applicant background investigation information, polygraph test results, letters of reference, civil service records, staffing requisition forms, certification of 42ligible, recruitment file (job announcement, position description, documentation relating to the announcement and test, and test items and rating levels), and related Temporary IC § 50-907(3)(d); 29 CFR 1602.31; 29 CFR 1627.3(b)(1)(vi) 2 years 43 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD correspondence and documentation. Recruitment and Selection Records for Applicants who are Not Hired Documents regarding the recruitment and selection of city employees and contracted service providers such as attorneys, auditors, consultants, etc. Records may include, but are not limited to: job announcements and descriptions, applicant lists, applications and resumes, position advertisement records, civil service and other examination records, interview questions, interview and application scoring notes, applicant background investigation information, polygraph test results, letters of reference, civil service records, staffing requisition forms, certification of 43ligible, recruitment file (job announcement, position description, documentation relating to the announcement and test, and test items and rating levels), and related correspondence and documentation. Temporary IC § 50-907(3)(d); 29 CFR 1602.31; 29 CFR 1627.3(b)(1)(vi) 2 years Resource Records/Notes Records including notebooks, meeting notes, to-do-lists, employee-compiled notes, etc. Transitory Until administrative need ends or record is superseded Special Projects Documents related to special, one-time projects to include, but not limited to, Employee Satisfaction Survey, Policy Review/Revision, Salary Structure Review. Semipermanent 10 years Surveys HR and other initiated internal surveys, survey results (e.g. Salary Surveys, Employee Satisfactions Surveys, Best Place to Work. Etc.). Semipermanent 10 years Telephone Records Message logs, voicemails, etc. Transitory Until administrative need ends Training Programs/HR Records related to the design and implementation of training programs provided to employees by the City. Documents may include course descriptions, instructor certifications, instructional materials, course outlines, class enrollment and attendance records, tests, test results, and related records. Semipermanent IC § 50-907(2)(g) 5 years from final presentation and/or use Training/Travel Records Records documenting attendance and presentation by HR employees at conventions, conferences, seminars, workshops, and similar training events. Includes training/travel requests, training materials, reports and related correspondence. Semipermanent 5 years 44 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Payroll Unemployment Claims Records documenting claims submitted by former city employees for unemployment compensation. Usually includes: claims, notices, reports, and related records. May also include records generated by the appeal of claim determinations. These are received by HR and kept in HR. Temporary IC §50-907(3)(d) 3 years 45 | P a g e INFORMATION TECHNOLOGY (I.T.) DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative Activity Logs/Reports Daily, weekly monthly or other reports documenting the activities of the City Clerk’s Office employees, including but not limited to: sign in/out sheet for keys, archival Records and phone Logs, land use, ordinances, permits, minutes, and resolution tracking spreadsheets, and Dashboard statistics Transitory Until administrative needs ends Administrative Records Copies of: A/P invoices, Expense Reports, MIP A/P unposted Reports, Detailed Statements of Revenues and Expenditures Transitory Until administrative need ends or record is superseded Budget Preparation Records Working documents utilized to build base budgets and establish yearly budgets, including but not limited to enhancements, amendments, carry forward support, FTE anticipation, vehicle replacement, quotes for service/maintenance Transitory 1 year or until Administrative need ends Correspondence Policy/program correspondence, documenting the formulation, adoption and implementation of significant policy/program decision. Including but not limited to Commission, Committee and City Clerk determination. Permanent In perpetuity Record s created or received in the course of administering city policies, procedures or programs, but these records do not provide insight into significant policy, procedure or program discussions or decisions. Semipermanent 5 years Correspondence created or received in the course of administering City policies, procedures or programs including but not limited to memos, notes, thank you notes, surveys, letters to businesses and citizens and day -to day office and housekeeping correspondence that does not contai n unique information about City functions or programs, for example scrolling agenda and announcements. Transitory Until administrative Need ends Customer Complaints/Kudos Complaint or Compliment records including but not limited to letters, phone calls, comment cards and in person feedback from citizens, customers, developers and contractors Transitory Until administrative need ends Forms/Templates Forms/Templates created for use by the City Transitory Until administrative 46 | P a g e Clerk’s Office including but not limited to visual aids, applications, checklists, land use transmittals and web documents need ends or record is superseded HR Documents Departmental employee personnel records, including b ut not limited to training records, coaching notes, Performance Evaluation, contact information. Record is confidential and will be kept in a locked files with manager until employment has ended; File sent to HR for retention after termination (voluntary or involuntary) Transitory Until employment is terminated; then forward to HR Meeting Records and Notes Special Projects/Initiatives Internal meeting records and/or staff level notes generated in the course of day to day business, including but not limit ed to; agendas, notes and presentations Transitory Until administrative need ends or superseded Reference/Owner’s Manuals/ Handbooks Documents to include but not limited to: Owner’s Manuals and code updates Transitory Until superseded or administrative need ends Department Guidelines, Policies, Procedures, Processes and Reports Departmental Policy or program records documenting the formulation, adoption and implementation of departmental policy or program decisions. Including but not limited to Standard Operating Procedures and Guidelines, reference materials or materials obtained from another government entity or agency used in the development of said procedure Transitory 1 year after document is replaced and/or administrative need ends Presentations Formal department presentations to Council, Chamber of Commerce or other agencies/entities or people, e.g. New Council member training, Joint Council/Commission workshop training Transitory Until administrative need ends Operational Records Backup Tapes A copy on a tape cartridge of the contents of all data from the City servers. Transitory 1 year Case Management Notes All cases opened in Case Management. Semipermanent IC §50-907(2)(g) (other) 10 years Department Policies and Reports Policies, reports, and documents regarding internal department operations and procedures, e.g. computer usage policy, password policy, service level goals, training materials, evaluations of materials. Semipermanent IC §50-907(2)€ (dept. report) 5 years Disaster Recovery Plan Strategy for retention and recovery of network and electronic documents following network or server crash or failure Transitory Until superseded or updated Information Steering Committee Minutes kept of monthly MIS Committee meetings. Temporary IC §50-907(3)(d) (other) 2 years 47 | P a g e Minutes Internally- Generated Source Code Text-based programming statements or instructions that create or execute a computer program. Transitory Until superseded or updated Internet History List of websites accessed on City computers and electronic devices. Transitory 90 days Inventory Management List of electronic devices held by City and software licensing information and specifications for each electronic device used by City. Transitory Until superseded or updated Outlook Appointments Meeting requests sent and received by employees via Outlook; appointments scheduled via Outlook by employees; meeting & appoint-ment reminders sent and received via Outlook. Transitory Until deleted by user Outlook E-mail Messages – General City Staff All e-mail messages, sent or received by City staff using Outlook software, that are stored in Outlook or the City’s e-mail archiving system. (E-mail messages may be preserved elsewhere in digital or paper format for longer periods of time as the subject matter of such messages may require). Semipermanent IC §50-907(2)(g) (other) 5 years Outlook E-mail Messages – Specific City Staff All e-mail messages, sent or received by part-time staff, seasonal staff, temporary staff, interns, or firefighters using Outlook software, that are stored in Outlook or the City’s e-mail archiving system (E-mail messages may be preserved elsewhere in digital or paper format for longer periods of time as the subject matter of such messages may require). Transitory Until deleted by user Outlook Tasks and Notes Tasks, task requests and reminders sent and received by employees via Outlook. Transitory Until deleted by user Prox Card Access History Register of which prox cards have accessed a restricted area. Transitory 90 days Security Camera Footage Video footage from security cameras mounted on and in city facilities. Transitory Until overwritten by system ShoreTel Phone History List of incoming and outgoing calls, including phone numbers and caller identification, as available. Transitory 90 days Voice Mail Messages Incoming verbal messages recorded on ShoreTel or other voice mail systems. Transitory Until deleted by user 48 | P a g e MAYOR ’S OFFICE RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative Records Activity Logs/Reports Daily, weekly monthly or other reports documenting the activities of the Mayor’s Office employees, including but not limited to: sign in/out sheet for credit cards and checklists Transitory Until administrative needs ends Administrative Records Copies of: A/P invoices, Expense Reports, MIP A/P unposted Reports, Detailed Statements of Revenues and Expenditures Transitory Until administrative need ends or record is superseded Budget Preparation Records Working documents utilized to build base budgets and establish yearly budgets, including but not limited to enhancements, amendments, carry forward support, FTE anticipation, vehicle replacement, quotes for service/maintenance Transitory 1 year or until administrative need ends Correspondence Policy/program correspondence created or received, documenting the formulation, adoption and implementation of significant policy/program decision. May include correspondence relating to Commission and Committee appointments and correspondence with other government agencies. Permanent In perpetuity Correspondence created or received in the course of administering city policies/programs, but these records do not provide insight into significant policy/program discussions or decisions. May include citizen response letters, letters to homeowner associations and businesses. Semipermanent 5 years Correspondence created or received which is not unique to City functions or programs. May include; thank you notes, invitations, and general mail. Transitory Until administrative Need ends Customer Complaints/Kudos Complaint or Compliment records including but not limited to letters, phone calls, comment cards and in person feedback from citizens, customers, developers and contractors Transitory Until administrative need ends Forms/Templates Forms/Templates created for use by the Mayor’s Office including but not Transitory Until administrative need ends or record is 49 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD limited to visual aids, applications, checklists, and web documents superseded HR Documents Departmental employee personnel records, including but not limited to training records, coaching notes, Performance Evaluation, contact information. Record is confidential and will be kept in a locked files with manager until employment has ended; File sent to HR for retention after termination (voluntary or involuntary) Transitory Until employment is terminated; then forward to HR Meeting Records and Notes Special Projects/Initiatives Internal meeting records and/or staff level notes generated in the course of day to day business, including but not limited to; agendas, notes and presentations Transitory Until administrative need ends or superseded Reference/Owner’s Manuals/ Handbooks Documents to include but not limited to: Owner’s Manuals and code updates Transitory Until superseded or administrative need ends Department Guidelines, Policies, Procedures, Processes and Reports Departmental Policy or program records documenting the formulation, adoption and implementation of departmental policy or program decisions. Including but not limited to Standard Operating Procedures and Guidelines, reference materials or materials obtained from another government entity or agency used in the development of said procedure Transitory 1 year after document is replaced and/or administrative need ends Presentations Formal department presentations to Council, Community Groups or other agencies/entities or people, e.g. Strategic Update, New Council member training, and City of Meridian updates. Transitory Until administrative need ends Telephone Records Message logs, voicemails, Shortel call volume reports etc. Transitory Until administrative need ends Operational Records Agendas & Minutes Agendas and minutes of Director Meetings, Operational Meetings, Mayor’s Youth Advisory Council Meetings. Semipermanent 10 years Annual Reports Report on City’s and Mayor’s Office activities over preceding year summarizing activities and financial Permanent In perpetuity 50 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD performance. Applications Forms and materials submitted with application for positions or awards administered by Mayor’s Office, including applications for scholarships, Promise partners, Mayor’s Youth Advisory Council, volunteer positions, City commissions, and City committees or task forces. Semipermanent 10 years Attendance Sheets Sign-in sheets, where offered, for activities and events hosted by the Mayor’s Office. Transitory Until administrative needs ends City Website Content HTML text stored in data base table in CMS. Note: Source document may exist elsewhere, and be retained pursuant to separate record retention schedule. Transitory Until updated or superseded Memoranda Internal or external memoranda summarizing research, recommendations, and other information. Permanent In perpetuity News Releases A written or recorded record directed at members of the news media for the purpose of making a newsworthy announcement. Permanent In perpetuity Photos Published or historically significant photographs taken, owned, or stored by the Mayor’s Office. Permanent In perpetuity Photographs that are not used or needed for a particular purpose. Transitory Until administrative need ends Proclamations City-initiated proclamations. Permanent In perpetuity Outside group-initiated proclamations. Semipermanent 5 years Publications Informational or promotional publications of the Mayor’s office, including newsletters, flyers, marketing Semipermanent 10 years 51 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD materials, brochures, program materials. Public Addresses Records relating to State of the City address. May include script, video, PowerPoint, program, agenda, photos. Permanent In perpetuity Records relating to State of the City addresses or speeches. May include script, video, PowerPoint, program, agenda, photos. Transitory Until administrative need ends Talking Points Records prepared to summarize issues in preparation for discussion with the public or media. Transitory Until administrative need ends Videos Videos prepared monthly for informational or promotional purposes, e.g ., Celebrate Meridian. Permanent In perpetuity Videos prepared weekly for informational or promotional purposes, e.g. , City Council meetings, This Week in Meridian. Temporary 2 years Raw video footage, used or unused. Transitory Until administrative need ends 52 | P a g e PARKS & RECREATION DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Activity Logs/Reports Daily, weekly, monthly, or other reports documenting the activities of the Parks and Recreation Department employees, including but not limited to: sign in/out sheet for credit card and diesel fuel transfer tank log sheets. Transitory Until administrative need ends Lost & Found log sheets documenting items that have been lost and found by citizens in the parks and other MPR facilities. Transitory Until administrative need ends Administrative Records Copies of A/P invoices, Expense Reports, Detailed Statements of Revenues and Expenditures, Capital Improvements Plan, Parks & Recreation Facilities Depreciation Schedule, MPR Communications Plan, and other related documents. Transitory Until administrative need ends or is superseded Agendas & Minutes Agendas and minutes of weekly and monthly MPR staff meetings. Semipermanent 10 years Budget Preparation Records Working documents utilized to build base budgets and establish yearly budgets, including but not limited to enhancements, amendments, carry forward support, FTE anticipation, vehicle replacement, and quotes for service/maintenance. Semipermanent 10 years (follows Finance) City Hall Volunteer Program Records Records documenting the activities and administration of volunteer programs in city hall and records documenting work performed for the City by citizens without compensation for their services. May include volunteer applications forms, volunteer and emergency contact information, agreements, applications, skills test results, training documentation, task Temporary 2 years from last date of volunteer work 53 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD assignments, monitoring records, volunteer hour statistics, volunteer program publicity records, insurance information, inactive volunteer files, and related records. Correspondence Policy/program correspondence documenting the formulation, adoption, and implementation of significant policy/program decision. Including but not limited to Commission and Committee. Permanent In perpetuity Records created or received in the course of administering city policies, procedures or programs, but these records do not provide insight into significant policy, procedure or program discussions or decisions. Including but not limited to citizen response letters. Semipermanent 5 years Correspondence created or received in the course of administering City policies, procedures or programs including but not limited to memos, transmittals, notes, comments, thank you notes, letters to businesses and day-to day office and housekeeping correspondence that does not contain unique information about City functions or programs. Transitory Until administrative need ends Committee Records Agendas, meeting minutes/notes, and audio recordings of special groups convened by Parks & Recreation for specific purposes, such as understanding operational gaps and process delays (e.g., Golf Course Focus Group, Christmas in Meridian, MPR Communications Plan, and Regional Geese Management). Transitory Until administrative need ends 54 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Customer Kudos/Complaints Compliment or complaint records including but not limited to letters, phone calls, emails, comment cards and in person feedback from citizens, customers, and sponsors. Transitory Until administrative need ends Department Guidelines, Standard Operating Procedures, Policies, Processes, and Director’s Orders Administrative SOPs, policies, processes, director’s orders, etc. pertaining to facilities and recreation classes, camps, special events, and sports (e.g., Lost & Found, CableONE Movie Night, Metal Detecting, Contracted Instructors, Registrations & Refunds, Sports League Bylaws, Partnerships Between Private or Public Entities, Hot Air Balloons). Transitory Until administrative need ends Facility Permits Completed Park Alcohol and Amplified Sound Permits related to individual’s or organization’s park picnic shelter reservation. Temporary 2 years Facility Reservation Application and Materials Completed forms and related materials collected from individuals or businesses registering for a recreation class, team, or event and other required documentation, such as proof of insurance. Temporary 2 years Financial Aid Applications Completed application forms and materials submitted to request financial assistance for children’s class or program (e.g., Care Enough to Share). Temporary 2 years Forms/Templates Forms/templates created for use by the Parks and Recreation Department, including but not limited to internal purchase orders form, diesel fuel transfer tank log sheet, child pick up form, medical waiver, Care Enough to Share application, Generations Plaza memorial brick application, alcohol permit application, amplified sound permit application, sports roster, Transitory Until administrative need ends or is superseded 55 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD sports and special events registration forms, sponsor application, volunteer application. Grounds Maintenance Records Pesticide spray records, daily splash pad test readings, playground inspections, restroom cleaning safety data sheets, and other documents related to parks and recreation facilities. Transitory Until administrative need ends Historical Records 2028 time capsule content information. Permanent In perpetuity Annual newsletters prepared by Parks & Recreation Department highlighting construction projects, park dedications, and other efforts and initiatives. Permanent In perpetuity Copies of MPR Department Annual Reports provided to the Mayor’s Office in conjunction with the State of the City Address. Permanent In perpetuity External awards, plaques, and certificates bestowed upon the MPR Department. Permanent In perpetuity MPR Department Dashboards which document statistical data by year, including but not limited to the number of sports teams/participants/leagues, sports gym usage, Activity Guide enrollments, park shelter and field reservations, park acreage, urban forestry, pathway maintenance, volunteers, revenues, playground safety, turf maintenance, full-time staff, special events and temporary use permits, employee safety, vandalism, and other related information. Permanent In perpetuity National Recreation & Park Association (NRPA) PRORAGIS annual statistical field reports. Permanent In perpetuity 56 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Parks & Recreation Master Plan and Appendices which document current parks and recreation facilities and services, level of service, etc. and also provide the framework to respond to the evolving needs of the community. Permanent In perpetuity Park dedication plaque mock-ups detailing the dedication date, Mayor, City Council, MPR Commission, MPR staff, and other volunteers and contributors. Permanent In perpetuity Photographs, newspaper and news channel articles and clippings, press releases, and videos relating to Parks and Recreation Department including but not limited to sponsored/conducted City events; park, pathway, and facility dedications, celebrations, and ribbon cuttings; park and pathway amenities, landscape and scenery; recreation classes, camps, and sports; and staff. Permanent In perpetuity Proclamations not otherwise retained by the Clerk’s Office. Transitory Until administrative need ends or is superseded HR Documents Copies of departmental employee personnel records kept in locked files with manager until employment has ended; file sent to HR for retention after termination (voluntary or involuntary). Transitory Until employment is terminated; then forward to HR Incident or Accident Reports Citizen reports of incidents, injuries, or accidents incurred during or related to a department- sponsored or department- provided class, camp, program, reservation, or activity. Temporary 2 years Indemnity Forms, Medical Release Forms, Waivers Signed waiver/indemnity agreement related to individual’s or organization’s participation in department-sponsored or Temporary 2 years 57 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD department-provided class, camp, program, reservation, activity, transportation, or travel. Internal Department Time Logs and Reports Completed logs of employees’ time, tasks, and location; reports and analysis of related data. Semipermanent 5 years Marketing Materials Informational or promotional publications of the Parks & Recreation Department, including flyers, brochures, program materials, Facilities Tour/Park Ambassador/other program booklets, PowerPoint and Prezi presentations, z-cards, and videos. Semipermanent 10 years Memorial Forms Completed citizen forms requesting memorial in MPR facility under established memorial program (e.g. Generations Plaza Brick Sales form, Memorial Tree Program form). Transitory Until administrative need ends Meeting Records and Notes Internal meeting records and notes generated in the course of day to day business, including but not limited to agendas, notes, and presentations. Transitory Until administrative need ends or is superseded MPR Commission Records Copies of Commission and Committee agendas and summary minutes. Transitory Until administrative need ends or is superseded Copies of bylaws. Transitory Until administrative need ends or is superseded Copies of contact information listing Commission members’ names, addresses, phone numbers, email addresses, etc. Transitory Until administrative need ends or is superseded Copies of correspondence regarding day-to-day operations or administration. Transitory Until administrative need ends or is superseded. Copies of project records documenting historical or cultural significance to the City and/or Meridian community Transitory Until administrative need ends or is superseded Copies of project files and reports used by MPR staff, Commission, Committee in the course of researching, Transitory Until administrative need ends or is superseded 58 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD developing, completing, reporting on, or acting on initiatives of the Commission/Committee. Copies of roster listing current Commission members, including names, seat numbers, and appointment dates. Transitory Until administrative need ends or is superseded Presentations Formal department PowerPoint, Prezi, and other presentations to Council or others, e.g. New Council member training, Joint Council/Commission workshop training, and Meridian Development Corporation. Transitory Until administrative need ends or is superseded Project Files Copies: Park, pathway, and other project/initiative records, including but not limited to contracts and agreements to which the City is a party, deeds and real property, site plans and maps, permits and inspection records, certificates of zoning compliance, conditional use permits, development agreements, preliminary and final plats, purchasing contracts, accounts payable invoices and other financial records, meeting agendas and minutes, and any other related correspondence. Transitory Until administrative need ends or is superseded Recreation Activity Sign In/Sign Out Sheets Log sheets completed by parents to signify that minor has been dropped off or picked up from a department-sponsored or department-provided class, camp, program, or activity. Temporary 2 years Log sheets completed by participant confirming they have attended a class or activity. Temporary 2 years Reference/Owner’s Manuals/Books Documents to include but not limited to equipment and electronics. Transitory Until administrative need ends or is superseded Resource Records/Notes Records including notebooks, meeting notes, to-do lists, employee-compiled notes, etc. Transitory Until administrative need ends Special Projects/Initiatives Documents related to special or non-confidential one-time project Transitory Until administrative need ends or is 59 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD to include, but not limited to: Strategic Plan Initiatives, Smoke- Free Parks, and Forestry Stimulus. superseded Sports Schedules and Scores Record of games played and final scores. Temporary 2 years Surveys Internal and external outreach surveys and results, presentations, neighborhood meeting minutes, correspondence, and summary reports to solicit citizen input on parks and recreation, customer service, and process improvement. Records of public input, including survey results, neighborhood meeting minutes, correspondence, etc. Semipermanent 10 years Team Rosters Record of all individuals registered for a sports team. Temporary 2 years Telephone Records Message logs, voicemails, etc. Transitory Until administrative need ends Training Records and Resources Records including but not limited to documenting attendance and presentation by City employees at conventions, conferences, seminars, workshops, and similar training events. Includes training requests, training, and Continuing Education Unit tracking reports and other related correspondence. Transitory Until administrative need ends Tree Inventory & Abatement Inventory of all public trees maintained by City Arborist and abatement records per City Code. Permanent In perpetuity Vandalism & Restitution Records Copies of records related to park, pathway, and facility vandalism incidents and restitution, including but not limited to property damage reports, etc. Transitory Until administrative need ends or is superseded Volunteer Records Applications, timesheets, and other biographical notes related to City volunteers, including Park Ambassadors, scouts, and others. Transitory Until administrative need ends 60 | P a g e POLICE DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Activity Reports Daily, weekly, monthly or other reports documenting the activities of employees, including: type of activity, employees involved, time spent on activity, work completed, equipment used, etc. Semipermanent 50-907(2)(g) 5 years Animal Control Records** Records regarding services provided under professional services agreement for animal control services. Semipermanent IC § 50- 907(2)(g) 5 years Briefing Records Records documenting internal communications between supervisors and shift workers or between staff on different shifts to alert them to problems, issues or activities. Records may include, but not limited to: briefing logs, ILETS/NCIC messages, and bulletins from other agencies. Transitory Until administrative need ends Bulletins from Other Agencies Records including bulletins, circulars, and related records received from federal, state and local law enforcement agencies. Usually contains descriptions and photographs of fugitives, missing persons, stolen property, etc. Transitory Until administrative need ends Community Service and Outreach Programs Records relating to police community service programs. Records may include: publications, mailing lists, plans, evaluations, notes, reports, lesson plans and outlines, etc. Transitory Until administrative need ends Crime Analysis Statistics Records documenting police efforts to anticipate, prevent, or monitor criminal activity. May include statistical summaries of crime patterns, modes of operation, analysis of particular crimes, criminal profiles, forecasts, movements of known offenders, etc. Temporary IC § 50- 907(3)(d) 3 years 61 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Crime Reports (DRs) for Major Crimes (murder, involuntary manslaughter, rape, sexual abuse of a child, terrorism) Reports documenting a criminal offense and actions taken, including charges or arrests. Record typically includes location of occurrence, date and time, handling officer, involved parties (suspects, victims, witnesses, reporting parties, etc.) and their personal information, summary of events and supportive documents (e.g., probable cause statements, witness statements, runaway forms, release of custody forms (juveniles), criminal background information (ILETS/Triple III, Ada LE Lookup, ISTARS, JDOC), documents provided by citizens and victims, citations, property invoices, release of property forms, etc.). Semipermanent IC § 50- 907(2)(g) Prosecuted cases: 100 years after final disposition Non-prosecuted cases: 100 years after date of last investigative action Crime Reports (DRs) for Other Crimes Reports documenting a criminal offense and actions taken, including charges or arrests. Record typically includes location of occurrence, date and time, handling officer, involved parties (suspects, victims, witnesses, reporting parties, etc.) and their personal information, summary of events and supportive documents (e.g., probable cause statements, witness statements , tow slips, administrative license suspension forms, intoxilyzer slips, field sobriety tests forms, runaway forms, release of custody forms (juveniles), criminal background information (ILETS/Triple III, Ada LE Lookup, ISTARS, JDOC), documents provided by citizens and victims, citations, property invoices, release of property forms, Leads Online printouts, shoplifting reports from store security officers, etc.). Semipermanent IC § 50- 907(2)(g) Prosecuted cases: 5 years after final disposition Non-prosecuted cases: 5 years after date of last investigative action 62 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Criminal History Records or ILETS/NCIC Reports** Records obtained via ILETS or local jail systems (Ada LE Lookup) that provides information on the accumulated criminal arrest and conviction history of an individual which may be useful in an investigation. May include summary sheet, arrest record, fingerprint information, mug shot, name, aliases, residence, sex age, date and place of birth, height, weight, hair and eye color, scars, marks, tattoos, abnormalities, date of arrest, offense committed. Transitory Until administrative need ends Digital Media – Type 1 Digital media attached to a crime report for a major crime. Includes video, audio, or other digital content created by a law enforcement officer in the course of an investigation or response and attached to a crime report for murder, involuntary manslaughter, rape, sexual abuse of a child, or terrorism. Semipermanent IC § 50- 907(2)(g) Prosecuted cases: 100 years after final disposition Non-prosecuted cases: 100 years after date of last investigative action Digital Media – Type 2 Digital media attached to a crime report for a felony other than a major crime. Includes video, audio, or other digital content created by a law enforcement officer in the course of an investigation or response and attached to a crime report for a crime other than murder, involuntary manslaughter, rape, sexual abuse of a child, or terrorism. Semipermanent IC § 50- 907(2)(g) Prosecuted cases: 5 years after final disposition Non-prosecuted cases: 5 years after date of last investigative action 63 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Digital Media – Type 3 Digital media attached to a misdemeanor or infraction crime report. Includes video, audio, or other digital content created by a law enforcement officer in the course of an investigation or response and attached to a crime report for a misdemeanor crime or infraction. Transitory Prosecuted misdemeanor cases: 410 days after final disposition Non-prosecuted misdemeanor cases: 410 days after last investigative action Prosecuted infraction cases: 210 days after final disposition Non-prosecuted infraction cases: 210 days after investigative action Digital Media – Type 4* Digital media not attached to a crime report. Includes video, audio, or other digital content created by a law enforcement officer not attached to a crime report. Transitory 210 days Field Interview Reports (FI cards) Informational document written by police officers relating to individuals, events, or vehicles for which the officer does not have probable cause for enforcement. Typically includes name and current address of person contacted, physical description of person or vehicle, officer’s name, location of contact, date and time, reason for contact, etc. Temporary IC § 50- 907(3)(d) 3 years Firearm Disposal Records These files contain records of firearms that have been disposed of through sale, trade or destruction. They include manufacturer’s name, serial number, model, caliber, disposal method, disposal date, name of business purchasing the firearm, and bid. Semipermanent IC § 50- 907(2)(g) 5 years 64 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Gun Dealers’ Sales Records Records documenting purchases of guns from dealers. May include duplicate register sheets mailed by the dealer to MPD and triplicate register sheets mailed by the dealer to ISP for criminal records checks and forwarded to MPD. May include sheet number, sales person, date and time, city, serial number, make, model, caliber, purchaser’s information, and signatures. Transitory Until background check is completed and administrative need ends Impounded and Abandoned Vehicle Records (impound forms)* Forms documenting vehicles impounded by police due to accidents, abandonments, recovered as stolen, used in commission of a crime, etc. Documents may include notifications, information cards or sheets, receipts, etc. Information typically includes make, model, year, color, vin identification number, tag number, condition and contents of vehicle, tow company used, release conditions, name and address of individual to whom the vehicle was released. Semipermanent IC § 50- 907(2)(g) 5 years Indemnity Bonds Copies of insurance bonds issued to indemnify the police department against claims of wrongful actions in civil seizure cases. Semipermanent IC § 50- 907(2)(g) 5 years after seizure is completed Informant Case Files Records documenting information about informants used by department personnel. Records typically include reports, correspondence, payment records, fingerprint cards, signature cards, letters of understanding on informants’ activities and related records. Temporary IC § 50- 907(3)(d) 3 years Internal Affairs Files Records documenting department’s investigation of an officer’s role in an incident for the purpose of evaluating compliance with department policy and professional standards. Records typically include investigative materials (video and audio recordings, written statements, narratives, analysis) and recommended disciplinary actions, if any. Semipermanent IC §§ 50- 907(2)(g) and 45-610; 29 CFR 1627.3; 29 CFR 1602.31 75 years after employee separation or completion of related litigation, whichever is longest 65 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Intoxilyzer 5000en and LifeLoc Instrument Certificate Factory and State of Idaho certificates for instrument. Temporary IC § 50- 907(3)(d) and IDAPA 11.03.01.013.06 3 years Intoxilyzer 5000en Log and LifeLoc Performance Verification Log Logging of each person that takes the breathalyzer test and verification testing. May include suspect name, date, time, results, operator name, calibration check results, simulated temperature in range, comments, etc. Temporary IC § 50- 907(3)(d) and IDAPA 11.03.01.013.06 3 years Intoxilyzer User Certifications and Class Roster User certification cards and class roster for Meridian police officers. Intoxilyzer instructor replaces with each new certification period. Transitory Until administrative need ends Master Name Index Records Information on individuals who are field interviewed, individuals who are arrested, suspects or accomplices in crimes, victims, complainants, and witnesses to incidents. Information typically includes name, address, date of birth, race, sex, date and time of incident or contact, case number (DR#), citation numbers and other identifying data. Semipermanent IC § 50- 907(2)(g) 100 years Parking Citations Police department copy of citations issued for parking violations. Record typically includes date and time, location of offense, vehicle license plate information, code violation number, and issuing officer. (Parking citations that are paid are sent to City Hall Finance Department. Parking citations that are unpaid and lead to court summons are sent to the City Prosecutor’s office.) Transitory 6 months after final disposition Photo Identification Records Records with photos used to identify employees, private security personnel, contract workers, etc. May include photos taken for employee identification cards, prox cards, etc. Transitory Until administrative need ends 66 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Polygraph Records Records documenting polygraph tests given to criminal suspects, for internal investigations, and other purposes. Includes pre-examination records, questions, statements of consent, analysis reports, results charts, conclusions, interviewee statements, and related information. Semipermanent IC § 50- 907(2)(g) 5 years Property and Evidence Control and Disposition Records** Records used to track property and evidence in department’s possession. Documents, receipts, storage, and disposition of personal property and physical evidence. May include evidence photographs, receipt forms, evidence logs (showing chain of possession of evidence), property reports, destruction lists, property consignment sheets, seized firearm logs, homicide evidence inventories, etc. Information usually includes case number, tag number, date and time, property or evidence description, storage location, release date, etc. Semipermanent IC § 50- 907(2)(g) 5 years Public Records Requests Written public records requests, responses, records provided, and original (unredacted) records. Transitory 1 year after response provided Radar Equipment, Certifications, and Maintenance Records Records documenting the calibration and maintenance of radar equipment that may be useful in documenting the accuracy of the readings. Often includes original factory certification of calibration. Information relating to maintenance and repair may include a description of the work completed, parts used, date of service, equipment number, make, model, etc. Temporary IC § 50- 907(3)(d) 3 years after retirement of equipment Traffic Collision Reports** Documents of traffic collisions investigated by the police department. These reports typically include complete information on all cars and drivers involved in the accident, location of occurrence, damage, cause of accident, date and time, accident diagram, description and weather conditions. Semipermanent IC § 50- 907(2)(g) If citation is issued or charge is filed: 5 years after final disposition If no citation is issued and no charges are filed: 5 years after closure of file 67 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Training Materials Records related to training programs provided to MPD personnel by presenters including City employees, contractors, or other presenters. May include course descriptions, instructor certifications, instructional materials, course outlines and handouts, and attendance records. Semipermanent IC § 50- 907(2)(g) 5 years from final presentation and/or use Vacation Watch Forms Records documenting inspection of properties when the owner/occupant is away. May include name, address, date requested, vacation beginning and ending time, emergency contact information, special conditions, date and time officers check the property, etc. Transitory Until administrative need ends Written Warnings Written notice provided by MPD officer to member of the public to bring attention to a potential or actual violation. Temporary IC § 50- 907(3)(d) 2 years * Note: Where record is used for legal, training, or purposes other than those enumerated in retention period, that record shall be retained according to the retention period established for other records similarly used. ** Note: Where record is embedded with a crime report (DR), it shall be retained according to the retention period established for the crime report. 68 | P a g e PUBLIC WORKS DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD All Department Records Accessibility Records, City- Owned Facilities Contractor logs, key list, and any other records documenting access to City- owned buildings by authorized persons. Transitory Until administrative need ends or record is superseded Activity Reports Daily, weekly, monthly or other reports documenting the activities of Public Works Department employees, including: type of activity, employees involved, time spent on activity, work completed, equipment and fuel used, reports, logs, log sheets, and related records. Semipermanent 5 years Ada County Highway District (ACHD) Permits Permits issued by Ada County Highway District (ACHD) to dig in public utility easement. Semipermanent 5 years Administrative Records Clothing order spreadsheets, copies of: Accounts Payable invoices, expense reports, leave request logs, MIP Accounts Payable invoices, professional membership documents, evacuation checklists and on call yearly roster logs. Transitory Until administrative need ends or record is superseded Alarm Monitoring / Test Results Reports Reports of monitoring fire alarms, security alarms and sprinkler tests for all relevant City-owned facilities including annual fire alarm testing, annual backflow testing, quarterly sprinkler testing in Sapphire suppression system, monthly fire pump runs, and monthly check on fire extinguishers and Sapphire. Semipermanent 5 years Budget Preparation Records Work documents utilized to build base budgets and establish yearly budgets, including vehicle replacement worksheets, enhancements, amendments and carry forward support. Semipermanent 10 years Correspondence, Administrative Correspondence created or received in the course of administering City policies, procedures, or programs. Semipermanent 5 years Correspondence, Transitory Day-to-day office and housekeeping correspondence that does not contain unique information about City functions or programs. Transitory Until administrative need ends 69 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Customer Complaints Complaint letters, notes on phone calls and in person complaints from customers/citizens. Temporary 3 years from complaint resolution Databases Database records created and maintained for the purposes of generating reports, data files, and a variety of different outputs. Transitory Until administrative need ends or record is superseded Departmental Reports Department reports, performance management presentations. Semipermanent 10 years Engineering Capital and Enhancement Plan (ECEP) Reports Engineering Capital & Enhancement Plan (ECEP) – 5 year Capital Improvement Plan Reports. Semipermanent 10 years Equipment Maintenance and Repair Records Records of repair and maintenance of equipment assigned to Public Work, including but not limited to: generators, sewage lift pumps, water pumps, office equipment, and furniture. Records may include summaries, reports, and similar records usually compiled from daily work records on a monthly or quarterly basis. Transitory Until asset is removed from service or until administrative need ends. Facility Assessments, Maintenance, and Repair Records Records regarding maintenance and repairs of buildings and grounds owned or leased by the City including assessments of the condition of City- owned buildings, summaries, logs, reports, and similar records usually compiled from daily work records. Transitory Until administrative need ends or record is superseded Forms Forms created for use by Public Works personnel to facilitate their work including but not limited to performance review forms, project forms, staff forms, communication forms, and record retention labels. Transitory Until administrative need ends or record is superseded Geographic Information Systems, Digital Orthophotography Images Aerial photographs of properties within the City. Permanent In perpetuity Geographic Information Systems, GIS Data Points, lines, attributes, and polygons relating to infrastructure that the City owns or maintains. Transitory Until superseded 70 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Geographic Information Systems, Maps A visual representation of data within a particular geographical area. Also includes maps and data provided by outside agencies including edge of pavement, parcels, roads, and others. Transitory Until administrative need ends HR Documents Departmental employee personnel records should be kept in the appropriate Division’s file until employment has been terminated (involuntary or voluntary) and then the file should be sent to HR for retention. Transitory Until employment is terminated; then forward to HR Maintenance Request Record Records documenting requests and responses thereto concerning a variety of maintenance responsibilities carried out by the Public Works Department. Examples include, but are not limited to: brushing and limbing, road grading, rocking, sealing, patching, and marking, traffic signals and signs, City-owned buildings and equipment, and water and sewer system problems. Temporary 2 years Master Plan Records Records that document the present and projected needs of the City for water, sewer, storm drainage, streets, bike paths, and other utility related systems. Includes an implementation schedule for construction, plans, reports, evaluations, cost analyses, drawings, and related documents containing rates, inventory evaluations, system rehabilitation or replacement, distribution of services, etc. Permanent In perpetuity Meeting Minutes Internal meeting agendas, minutes, sign-in sheets Semipermanent 5 years Photos, Construction Photos relating to Public Works construction activities, infrastructure, inspection photos, etc. Permanent In perpetuity Photos, Building Maintenance Photos relating to repair and replacement of City-owned equipment, material, and facilities. Semipermanent Keep records requiring engineering stamps 2 years after life of structure. Keep all other records 10 years. Photos, General Photos related to Public Works Department activities and other general use pictures. Transitory Until administrative need ends 71 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Potential Exposure Records Report created when personnel is exposed or potentially exposed to a chemical, including SDS sheet of the chemical involved. Record is placed in the employee personnel record. Transitory Until employment is terminated; then forward to HR Presentations Departmental presentations. Semipermanent 10 years Preventative Maintenance Work Plans Preventative maintenance schedules, work orders. Temporary 3 years Process Documents Standard Operating Procedures, Process Flowcharts, Workflows, Responsible Accountable Consulted Informed (RACI) Charts and Process Performance Measures. Transitory Until administrative need ends Quotes Quotes from contractors and other service providers. Preliminary and final quotes for goods and services used to conduct building repairs, maintenance, or modifications. Transitory Until administrative need ends Record Drawings Revised set of drawings submitted by contractor upon completion of land development phase of a commercial, governmental, or residential project or components thereof. This includes stamped record drawings, as-builts, and wiring diagrams including but not limited to water and sewer infrastructure as installed in Meridian. Permanent In perpetuity Safety Data Sheets (SDS) Safety Data Sheets (SDS). Also see Potential Exposure Records below. Transitory Until chemical is removed or record is superseded Safety Documents Health and Safety Manual, safety audits, training, standard operating procedures, auditory testing records, respirator fit test information. Semipermanent 30 years Safety Meeting Agenda / Signup Sheets Topics covered and sign-up sheet for employees who attended the meetings. Semipermanent 30 years Supervisory Control And Data Acquisition Reports (SCADA) Reports printed from Supervisory Control and Data Acquisition (SCADA) system. Temporary 3 years Technical Manuals, Specifications, and Warranties Owner’s manuals and warranties for City-owned vehicles and equipment. Includes specifications, operating instructions, safety information, and terms of coverage of repair or replacement of equipment. Transitory Until asset is removed from service 72 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Telephone Records A log of all messages taken both via phone and in person including, but not limited to, recorded calls, voicemails, phone call logs. Transitory Until administrative need ends Training Records documenting attendance and presentation by City employees at conventions, conferences, seminars, workshops, and similar training events. Includes training requests, training and Continuing Education Unit (CEU) tracking reports, and related correspondence. Semipermanent 5 years Vehicle Inspection, Maintenance, Repair Work orders, and Reports Maintenance records, inspection work orders for vehicles, vehicle mileage reports, repair records. Transitory Keep until vehicle is removed from service Website Public Works Department Website. Transitory Until administrative need ends or record is superseded Water Rights Records related to City of Meridian Water Rights including, but not limited to, correspondence, agency filings, legal opinions, references. Permanent In perpetuity Administration Area of Impact Records Records related to analysis of expansion of Public Works services into the Area of Impact such as those for Kuna, Kuna Treatment Plant, Meridian Heights Water and Sewer District, South Meridian Planning. Semipermanent 10 years Committee Records Agendas and meeting minutes for special groups convened by Public Works such as City Services Focus Group, Construction Best Management Practices Sub- Committee, Energy. Semipermanent 5 years Department Policies Documents the formulation, adoption, and implementation of internal actions/decisions. Includes: Computer, Geographic Information System (GIS) Policy, Dress Code, Purchasing department policies. Transitory Until administrative need ends or record is superseded 73 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Educational Outreach Materials Records including but not limited to educational brochures, bookmarks, factsheets, and posters which are displayed in the division and distributed at public education outreach events. Transitory Until administrative need ends or record is superseded Events, Public Works Records related to planning Public Works internal and external events. Semipermanent 5 years Emergency Master Plans Emergency plan records for City Hall, Emergency Management, and Continuity of Operations. Semipermanent 10 years Newsletters Annual newsletter prepared by the Public Works Department. Permanent In perpetuity Organization Charts Organization charts. Transitory Until administrative need ends or record is superseded Rate / Fee Records Records related to establishing utility rates and fees, including calculations, research and recommendations. Semipermanent 10 years Resource Documents / Notes Notebooks, Meeting Notes, To Do Lists, employee-compiled notes or references to assist in work including non-city lawsuits. Transitory Until administrative need ends or record is superseded Special Projects Documents related to special or one-time projects to include, but not limited to: Strategic Plans, Inventory Management, Project Information, Rail with Trail, Subdivisions, and Accreditation. Semipermanent 10 years Studies Studies related to Public Works as provided by consultants. Semipermanent 10 years Surveys Public Works initiated internal and external surveys and survey results. Semipermanent 5 years Capital Projects and Facilities Capital Improvement Projects for Other Departments Records including but not limited to attendance for public meetings, AVO’s (Avoid Verbal Orders – Written Instructions), change orders, construction checklists, consultant reports, consultants/contractors contracts, contract addendums, council memos, daily reports, design checklists, door knockers/hangers Transitory Records are kept until project completion and then turned over to appropriate department 74 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD engineering estimates, field orders, final acceptance letters, inspection reports, Notices of Intent (NOI), Notices of Termination (NOT), Notices to Proceed, pay applications, preconstruction agendas, preconstruction notices, preconstruction recordings, progress reports, project correspondence (letters, responses), project info memos, project schedules, project-related purchase order (PO) requisitions, project-related POs, QLPE (Qualified Licensed Professional Engineer) letters, record drawings (filed separately), project-related requests for information, resubmittals, submittal responses, submittals, substantial completion letters, work change directives. Construction Drawings Construction Drawings. Transitory Until replaced by Record Drawings Construction Punch Lists New projects inspection report on City and Development projects noting repairs that need made. Semipermanent 5 years Engineering Project File Records including but not limited to attendance for public meetings, AVO’s (Avoid Verbal Orders – Written Instructions), change orders, construction checklists, consultant reports, consultants/contractors contracts, contract addendums, council memos, daily reports, design checklists, door knockers/hangers, engineering estimates, field orders, final acceptance letters, inspection reports, Notices of Intent (NOI), Notices of Termination (NOT), Notices to Proceed, pay applications, preconstruction agendas, preconstruction notices, preconstruction recordings, progress reports, project correspondence (letters, Permanent In perpetuity 75 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD purchase order requisitions (PO), project-related POs, QLPE (Qualified Licensed Professional Engineer) letters, record drawings (filed separately), project-related requests for information, resubmittals, submittal responses, submittals, substantial completion letters, work change directives. National Pollutant Discharge Elimination System (NPDES) Construction General Permit and Storm Water Pollution Prevention Plans (SWPPP) All records and information resulting from the National Pollutant Discharge Elimination System (NPDES) Construction General Permit including, but not limited to copy of completed and signed Storm Water Pollution Protection Plans (SWPPPs) and SWPPP inspection reports. Semipermanent 5 years from notice of termination from EPA. Construction Inspection Capital Improvement Projects for Other Departments Records including but not limited to attendance for public meetings, AVO’s (Avoid Verbal Orders – Written Instructions), change orders, construction checklists, consultant reports, consultants/contractors contracts, contract addendums, council memos, daily reports, design checklists, door knockers/hangers, engineering estimates, field orders, final acceptance letters, inspection reports, Notices of Intent (NOI), Notices of Termination (NOT), Notices to Proceed, pay applications, preconstruction agendas, preconstruction notices, preconstruction recordings, progress reports, project correspondence (letters, responses), project info memos, project schedules, project-related purchase order (PO) requisitions, project-related POs, QLPE project schedules, project-related purchase order (PO) requisitions, project- related POs, QLPE (Qualified Licensed Professional Engineer) letters, project-related requests for Transitory Records are kept until project completion and then turned over to appropriate department 76 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD information, resubmittals, submittal responses, submittals, substantial completion letters, work change directives. Construction Drawings Construction Drawings. Transitory Until replaced by Record Drawings Construction Punch Lists New projects inspection report on City projects noting repairs that need made. Semipermanent 5 years Engineering Project File Records including but not limited to attendance for public meetings, AVO’s (Avoid Verbal Orders – Written Instructions), change orders, construction checklists, consultant reports, consultants/contractors contracts, contract addendums, council memos, daily reports, design checklists, door knockers/hangers, engineering estimates, field orders, final acceptance letters, inspection reports, Notices of Intent (NOI), Notices of Termination (NOT), Notices to Proceed, pay applications, preconstruction agendas, preconstruction notices, preconstruction recordings, progress reports, project correspondence (letters, responses), project info memos, project schedules, project-related purchase order requisitions (PO), project-related POs, QLPE (Qualified Licensed Professional Engineer) letters, record drawings (filed separately), project-related requests for information, resubmittals, submittal responses, submittals, substantial completion letters, work change directives. Permanent In perpetuity National Pollutant Discharge Elimination System (NPDES) Construction General Permit and Storm Water Pollution Prevention Plans (SWPPP) All records and information resulting from the National Pollutant Discharge Elimination System (NPDES) Construction General Permit including, but not limited to copy of completed and signed Storm Water Pollution Protection Plans (SWPPPs) and Semipermanent 5 years from notice of termination from EPA. 77 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD SWPPP inspection reports. Engineering Construction Drawings Construction Drawings. Transitory Until replaced by Record Drawings Correspondence, Engineering Engineering transmittals (not project-related), serviceability letters, Letters of Interest. Temporary 3 years Engineering Policies Documents the formulation, adoption, and implementation of internal actions / decisions. Includes: project design and construction assumptions and procedures, customer relations and claims guidance, time off, attendance of professional association events, and other guidance. Transitory Until administrative need ends or record is superseded Engineering Project File Records including but not limited to attendance for public meetings, AVO’s (Avoid Verbal Orders – Written Instructions), change orders, construction checklists, consultant reports, consultants/contractors contracts, contract addendums, council memos, daily reports, design checklists, door knockers/hangers, engineering estimates, field orders, final acceptance letters, inspection reports, Notices of Intent (NOI), Notices of Termination (NOT), Notices to Proceed, pay applications, preconstruction agendas, preconstruction notices, preconstruction recordings, progress reports, project correspondence (letters, responses), project info memos, project schedules, project-related purchase order requisitions (PO), project-related POs, QLPE (Qualified Licensed Professional Engineer) letters, record drawings (filed separately), project-related requests for information, resubmittals, submittal responses, submittals, substantial completion letters, work change directives. Permanent In perpetuity 78 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Fire Flow Requests Requests from customers for fire flow and responses from Engineering staff based on computer modeling. Semipermanent 75 years Mailing Lists Project mailing list. Transitory Until project completed Reference Documents Preliminary engineering reports, facility plans, other studies. Permanent In perpetuity Sewer Modeling Requests Requests from customers to run sewer model for capacity and sizing and response from Engineering staff based on computer modeling. Semipermanent 75 years Specifications Specifications such as, but not limited to the City’s Supplemental Specs, Idaho Standards for Public Works Construction (ISPWC), and American Water Works Association (AWWA). Transitory Until administrative need ends or record is superseded Environmental Environmental Awards Records Awards presented to citizens and businesses in recognition of environmental contributions to the community. This includes but is not limited to award nominations, certificates, photographs, and lists of recipients. Semipermanent 5 years Floodplain Administration Records of floodplain development including floodplain permits and floodplain certificates. Permanent In Perpetuity National Pollutant Discharge Elimination System (NPDES) Construction General Permit and Storm Water Pollution Prevention Plans (SWPPP) All records and information resulting from the National Pollutant Discharge Elimination System (NPDES) Construction General Permit including, but not limited to copy of completed and signed Storm Water Pollution Protection Plans (SWPPPs) and SWPPP inspection reports. Semipermanent 5 years from notice of termination from EPA. Project Agreements Agreements between the City and partner agencies for work along or within agency rights or way, or easements. Permanent In perpetuity 79 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Storm Drain Maintenance and Repair Records documenting the maintenance and repair of storm drains located within the City of Meridian. May include summaries, reports, and similar records usually compiled from daily work records on a monthly or quarterly basis. Transitory Until administrative need ends or record is superseded Pretreatment Educational Outreach Materials Records including but not limited to educational brochures, bookmarks, factsheets, and posters which are displayed in the division and distributed at public education outreach events. Transitory Until administrative need ends or record is superseded Environmental Awards Records Awards presented to citizens and businesses in recognition of environmental contributions to the community. This includes but is not limited to award nominations, certificates, photographs, and lists of recipients. Semipermanent 5 years Industrial Pretreatment Records related to the identification, inspections sampling, permitting, formalized agreements and/or contracts between the City and individual facilities within the business and industrial sectors that must comply with the federal requirements of the Environmental Protection Agency 40 CFR Part 403, General Pretreatment regulations. These records and supporting documentation typically include: Industrial waste questionnaires, permit applications, permits and fact sheets, inspection reports, Industrial user reports, monitoring data (including laboratory reports), required plans (e.g., slug control, sludge management, pollution prevention) , enforcement activities, and correspondence to and from the Industrial User. Permanent In perpetuity 80 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Photos, Industrial Pretreatment Photos related to the identification, inspections sampling, permitting, formalized agreements and/or contracts between the City and individual facilities within the business and industrial sectors that must comply with the federal requirements of the Environmental Protection Agency 40 CFR Part 403, General Pretreatment regulations. Permanent In perpetuity Wastewater Confined Space Entry Permit A written authorization prepared prior to employee entry into a Permit Required Confined Space. The Department’s permit contains specific entry space, purpose and time conditions under which the entrance will operate. Semipermanent 5 years from date issued Construction Punch Lists New projects inspection report on City projects noting repairs that need made. Semipermanent 5 years Delivery Tickets Tickets issued by suppliers to verify delivery of supplies or materials (concrete, road base, gravel, etc.). Information usually includes: date, time, amount and type of supplies/materials received, and related data. Temporary 2 years Discharge Monitoring Records Records documenting effluent quality discharged from the City wastewater treatment facility. Includes supporting documentation such as date, period covered, National Pollutant Discharge Elimination System (NPDES) permit number, discharge number, frequency of analysis, sample type, and average Semipermanent Keep discharge monitoring reports 20 years after permit expiration. Keep all other records 5 years, until the end of the NPDES permit cycle, or as requested by state or federal agencies, whichever is longer 81 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD and maximum quantities and concentrations of solids, ammonia, chlorine, nitrogen, and other chemicals. Equipment Maintenance & Calibration Records Records documenting the maintenance and calibration of equipment and instruments used to undertake and monitor wastewater treatment operations. Useful to verify equipment reliability and for reference by regulatory agencies. Information includes: date, type of equipment maintained or calibrated, tests performed, repairs needed, comments, and related information. Semipermanent Keep 5 years after equipment removed from service, until the end of the NPDES permit cycle, or as requested by state or federal agencies, whichever is longer. Mobile Waste Hauler Dumping Records Records documenting the dumping of septic pumpings and other wastes from various sources at the City waste treatment facility. Records include logs, manifests, and similar documents. Information includes: name and signature of hauler, quantity of wastes dumped, location at which wastes were pumped, and related information. Semipermanent 5 years National Pollutant Discharge Elimination System (NPDES) Records Records documenting the application for and issuance of a permit to the City under the National Pollutant Discharge Elimination System (NPDES) program which allows discharge of specific pollutants under controlled conditions. Records typically include: applications, permits, addenda, modifications, and related supporting documentation. Information includes: influent and effluent limits, chemical analysis records, water flow, test and recording requirements, definitions and acronyms, compliance schedules, and related data. (SEE ALSO Wastewater Inspection Records in this section). Semipermanent 40 CFR 122.41 Keep all records 5 years, until the end of the NPDES permit cycle, or as requested by state or federal agencies, whichever is longer. 82 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Sewer Maintenance and Repair Records Records documenting the maintenance and repair of City sewers. May include summaries, reports, and similar records usually compiled from daily work records on a monthly or quarterly basis. Information often includes location, narrative of work completed, amount and type of material used, personnel completing work, dates of activities, authorization, and related information. (SEE ALSO Activity Reports and Sewer Television/Videoscan Inspection Records in this section). Semipermanent Keep records requiring engineering stamps 2 years after life of structure. Keep other records 5 years. Sewage Sludge Application Landowner Agreements Agreements between the City and landowners related to the application of sewage sludge to approved sites. Records include signed agreements, exhibits, amendments, and related documents. Information typically includes: agreement number, date, conditions or terms, parties involved, period covered, and signatures. Semipermanent 6 years Sewage Sludge Application Site Logs Logs documenting the agricultural application of sewage sludge to approved sites. Subjects include agronomic loading calculations related to maximum application of nitrogen in pounds per acre per year, and ultimate site life loading calculations tracking the amount of heavy metals applied. Permanent In perpetuity Sewage Sludge Management Plans Plans submitted by the City to engage in sludge disposal or application activity, Information includes: method of sludge removal, land application or disposal sites, sludge stability determination methods, projected sludge storage basin use, sludge analyses, application rates, and heavy metal limitations. Permanent In perpetuity 83 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Sewer Smoke Test Records Records documenting smoke tests undertaken to verify hookup to main sewer lines, check condition of pipes, or determine effectiveness of backflow prevention devices. Information typically includes: maps or diagrams of lines tested, location of leaks detected, inspector’s name, pipe size, and related information. Semipermanent 10 years Sewer Television/ Videoscan Inspection Records Reports documenting television inspections used to locate problems and defects in sewer lines. Often consists of periodic inspections of existing lines, final inspections of newly constructed lines, and inspections at the end of warranty periods. Records usually contain videotapes and written reports. Information typically includes: date, type of inspection, conditions found, repairs needed, distances from manholes, and related information. Semipermanent 10 years Valve Maintenance Records Records documenting the location, specifications, maintenance, and repair of valves in the City sewer system. Includes lists, charts, drawings, reports, logs, and related records, valve location, identification number, run of pipe, size, make, year installed, depth, turns to open and normal position, narratives of valve maintenance and repair, test run, personnel completing work, dates, and related information. Semipermanent Keep location and specification records 1 year after valve removed from service. Keep all other records 5 years. Wastewater Facility Permit Records Records such as applications, permits, addenda, modifications, and related supporting documentation, documenting the application for and issuance of a permit authorizing the City to Permanent In perpetuity 84 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD construct and operate a disposal system with no discharge to navigable waters such as sewage lagoons, land application/reuse, septic tanks, and drain fields. Wastewater Grant & Loan Records Copies of records relating to Idaho Department of Environmental Quality (IDEQ) grants and loans for wastewater facilities, including: application form and checklist, authorizing resolution, engineering contract checklist, certificate of negotiation, proof of professional liability insurance, certification of financial and management capability, and other documents. Transitory Until administrative need ends Wastewater Inspection Records Records documenting inspections of City wastewater treatment operations to monitor compliance with National Pollution Discharge Elimination System (NPDES) permit conditions. These reports and supporting documentation typically include: date, location, areas evaluated during inspection, summary of findings, pre- treatment requirements review, sampling checklists, flow measurements, laboratory assurance checklists, and related information. Semipermanent Keep all records 5 years, until the end of the NPDES permit cycle, or as requested by state or federal agencies, whichever is longer. Water Backflow $10 Credit Log Electronic report for customers who have their backflow tests completed by their City-mandated annual due date. Temporary 3 years Backflow Dual Connection List A list of customers who have two water connection sources for outdoor use. Transitory Until administrative need ends Backflow Surveys A survey of properties noting the location and type of hazard and type of assembly. Transitory Until administrative need ends or record is superseded Backflow Tester Information Tester information including a copy of their license, proof of insurance, and tester kit calibration. Transitory Until administrative need ends or record is superseded 85 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Backflow Tester List A list of backflow testers with their pricing. Transitory Until administrative need ends or record is superseded Backflow Tests Backflow assemblies test report. Temporary 3 years Chlorine Residuals A report showing sample dates and locations of free chlorine remaining in the City water system. Permanent In perpetuity Clothing Spreadsheet Spreadsheet with individual clothing and boot information. Transitory Until administrative need ends or record is superseded Confined Space Entry Permit A written authorization prepared prior to employee entry into a Permit Required Confined Space. The Department’s permit contains specific entry space, purpose and time conditions under which the entrance will operate. Semipermanent 5 years from date issued Construction Punch Lists Projects inspection report on City projects noting repairs/corrections that need to be made. Semipermanent 5 years Construction Samples Bacteria sample results taken for water line/well construction. Semipermanent 5 years Consumer Confidence Reports (CCR’s) Report mandated by EPA delivered to Meridian citizens that are connected to City water. Transitory Until administrative need ends Critical Water Users Records that identify critical water users within the City of Meridian, such as hospitals, medical facilities, schools, large corporate facilities, hotels, motels, restaurants, and the water park. This record evolves as new businesses move into Meridian and critical water users leave Meridian. Transitory Until administrative need ends or record is superseded Daily Chlorine Residuals Field notes from Chlorine residuals taken from various sample ports in the City water system. Temporary 3 years Dig Line Tickets Customer and contractor requests via Dig Line to locate underground City utilities before excavation begins. Transitory 1 year Fire Flow Reports Actual fire flow data taken from a particular fire hydrant. Semipermanent 75 years 86 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Hydrant Meter Billing Spreadsheet Billing documents from fire hydrant meter readings based on water used for construction. Transitory Until administrative needs ends Leak Letters Letters that were mailed to customer informing customer of a possible leak are attached to the service order for leak check. Semipermanent 5 years License Agreements Agreement between water purveyors (City of Meridian) and the Idaho Department of Environmental Quality (IDEQ) for discharge of domestic water into U.S waterways. Permanent In perpetuity Maximum Contaminant Level (MCL) Public Notification (DEQ) Maximum Contaminant Level (MCL) Violation notices. Required by Department of Environmental Quality (DEQ) to notify the public. Permanent In perpetuity Meter Warranty Report A report on meter warranty. Semipermanent 25 years Monitoring Waivers Sampling waivers to reduce the frequency of sampling. Permanent In perpetuity Production & Maintenance Distribution System History Repair/Maintenance history on distribution & Production system and all related equipment. Transitory Until superseded or removed PRV/Wells Reads Hansen software reports on Pressure Reducing Valves (PRV) and Well reads. Permanent In perpetuity Radio Licensing Licensing spreadsheets for SCADA radios, base station and vehicle two/way radios. Semipermanent 10 years Reclaimed Water Surveys Survey reports to monitor compliance. Permanent In perpetuity Safety Inspections Inspections / Reports Semipermanent 30 years Sampling Chain of Custody Sample report form for sampling City water for bacteria to satisfy compliance monitoring. Results are reported on separate form unless sampling is done for Bac-T. Permanent In perpetuity Sampling Equipment Calibration/Repair Forms for calibration and certification or repair of sampling equipment. Permanent In perpetuity Sampling Results/Special Sample report form for sampling the water for noncompliance monitoring. Permanent In perpetuity 87 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Service Orders Records including requests from customer, Utility Billing, or Water Division to perform work or get a read at an address as well as historical logs showing service order number. Semipermanent 5 years Spring flush notices (Mailers) Flush notices mailed to customers for spring flush of water system / Maps. Semipermanent 5 years Subdivision Map Section reports Spreadsheet with subdivision number. Transitory Until administrative need ends or record is superseded System Location Documents Maps, Photo’s, hand drawings of Water System Components. Transitory Until administrative needs ends or record is superseded Turbidity Reports Logs used for entering wasted water flushed from the water system and not sold. Flush locations are listed. Water Quality information, including Nephelometer Turbidity (NTU) readings, are documented. Semipermanent 25 years Water Asset Information Records that identify asset location and manufacturer maintenance information. Transitory Keep until asset is removed from service Water Division SOPs Standard policies and procedures for the Water Division. Transitory Until administrative need ends or record is superseded Water Meter Reports Water meter reports including: NC list, billing status report, autoread master route report, billing pre- scan report, re-reads, and water meter testing results. Semipermanent 5 years Water Quality Correspondence Any mailed correspondence with labs, customers, regulators concerning sampling. Semipermanent 15 years Water Quality Master Log Records documenting water quality calls from customers. Semipermanent 25 years Well Disconnects Documents on private well disconnects. Permanent In perpetuity 88 | P a g e SUPPORT SERVICES Office of the Director of Support Services RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative Records Records regarding day-to-day administration, including but not limited to, copies of expense reports and receipts, vouchers, invoices, and travel records. Transitory Until administrative need ends or record is superseded Budget Preparation Records Work documents utilized to build base budget and establish yearly budget, including worksheets, enhancements, amendments and carry forward support. Semipermanent 5 years Correspondence Records created or received in the course of administering city policies/programs, but these records do not provide insight into significant policy/program discussions or decisions. Semipermanent 5 years Day-to-day office and housekeeping correspondence not unique to City functions or programs. Transitory Until administrative needs ends Policy/program correspondence, documenting the formulation, adoption, and implementation of significant policy/program decisions. Permanent In perpetuity HR Documents Employee personnel records should be kept in the appropriate department/division file until employment has been terminated (involuntary or voluntary) and then the file should be sent to HR for retention. Transitory Until employment is terminated; then forward to HR Memoranda Internal or external memoranda summarizing research, recommendations, and other information. Permanent In perpetuity Presentations Documents including, but not limited to, presentations to Council, working files, power point slides and other notes. Transitory Until administrative need ends Process Documents Documents including, but not limited to, flowcharts, workflows, and process performance measures. Transitory Until administrative need ends 89 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Research Information and Materials Documents including, but not limited to, draft research information, conference materials, studies conducted internally or through outside sources, and related publications. Transitory Until superseded or administrative need ends Special Projects Documents related to special or one- time projects to include, but not limited to: Strategic Plans. Semipermanent 10 years Telephone Records Telephone records including, but not limited to, recorded calls, voicemails, phone call logs, etc. Transitory Until administrative need ends 90 | P a g e IDAHO STATUTE TITLE 50, CHAPTER 9, SECTION 50-907 TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 9 ORDINANCES -- CITY CODE – RECORDS 50-907. CLASSIFICATION AND RETENTION OF MUNICIPAL RECORDS. (1) "Permanent records" shall consist of: (a) Adopted meeting minutes of the city council and city boards and commissions; (b) Ordinances and resolutions; (c) Building plans and specifications for commercial projects and government buildings; (d) Fiscal year-end financial reports; (e) Records affecting the title to real property or liens thereon; (f) Cemetery records of lot ownership, headstone inscriptions, interment, exhumation and removal records, and cemetery maps, plot plans and surveys; (g) Poll books, excluding optional duplicate poll books used to record that the elector has voted, tally books, sample ballots, campaign finance reports, declarations of candidacy, declarations of intent, and notices of election; and (h) Other documents or records as may be deemed of permanent nature by the city council. Permanent records shall be retained by the city in perpetuity, or may be transferred to the Idaho state historical society's permanent records repository upon resolution of the city council. (2) "Semipermanent records" shall consist of: (a) Claims, canceled checks, warrants, duplicate warrants, purchase orders, vouchers, duplicate receipts, utility and other financial records; (b) Contracts; (c) Building applications for commercial projects and government buildings; (d) License applications; (e) Departmental reports; (f) Bonds and coupons; and (g) Other documents or records as may be deemed of semipermanent nature by the city council. Semipermanent records shall be kept for not less than five (5) years after the date of issuance or completion of the matter contained within the record. (3) "Temporary records" shall consist of: (a) Building applications, plans, and specifications for noncommercial and nongovernment projects after the structure or project receives final inspection and approval; (b) Cash receipts subject to audit; (c) Election ballots and duplicate poll books; and (d) Other documents or records as may be deemed of temporary nature by the city council. Temporary records shall be retained for not less than two (2) years, but in no event shall financial records be destroyed until completion of the city's financial audit as provided in section 67-450B , Idaho Code. (4) "Historical records" shall consist of records which, due to age or cultural significance, are themselves artifacts of historical value. Historical records have enduring value based on the administrative, legal, fiscal, evidential or historical information they contain. Historical records shall be retained by the city in perpetuity or may be transferred to the Idaho 91 | P a g e state historical society's permanent records repository pursuant to subsections 8. and 9. of section 67-4126 , Idaho Code, upon resolution of the city council. (5) Each city council shall adopt by resolution a records retention schedule, listing the various types of city records and the retention period for each type of record. (6) The city may reproduce, retain and manage records in a photographic, digital or other nonpaper medium. The medium in which a document is retained shall accurately reproduce the record in paper form during the period for which the document must be retained and shall preclude unauthorized alteration of the document. (a) If the medium chosen for retention is photographic, all film used must meet the quality standards of the American national standards institute (ANSI). (b) If the medium chosen for retention is digital, the medium must provide for reproduction on paper at a resolution of at least two hundred (200) dots per inch. (c) A record retained by the city in any form or medium permitted under this section shall be deemed an original public record for all purposes. A reproduction or copy of such record, certified by the city clerk, shall be deemed to be a transcript or certified copy of the original and shall be admissible before any court or administrative hearing. (d) Once a semipermanent or temporary record is retained in a nonpaper medium as authorized by this section: (i) The original paper document shall be considered a duplicate of the record, and may be summarily disposed of or returned to the sender; and (ii) The provisions of this section related to retention and destruction of semipermanent and temporary records shall apply only to the record retained in the nonpaper medium. (e) Once a permanent record is retained in a nonpaper medium as authorized by this section: (i) The original paper document shall be considered a copy of the record and may be destroyed after compliance with the provisions of this subparagraph. Prior to destruction of original paper documents, the city clerk shall provide written notice, either by electronic or physical delivery, including a detailed list of the documents proposed for destruction to the Idaho state historical society. The Idaho state historical society shall have thirty (30) days after receipt of the notice to review the list and respond in writing, either by electronic or physical delivery, to the city clerk identifying any documents that will be requested to be transferred from the city to the historical society for retention in the permanent records repository. Any documents that will not be transferred for retention in the permanent records repository may be destroyed. If the city clerk receives no written response within thirty (30) days after the notice was received by the historical society, then the records proposed for destruction may be destroyed. (ii) The provisions of this section related to retention of permanent records shall only apply to the record retained in the nonpaper medium. (f) Even if a historic record is retained in a nonpaper medium as authorized by this section, the original paper record shall also be retained by the city in perpetuity, or it may be transferred to the Idaho state historical society's permanent records repository upon resolution of the city council. (g) Whenever any record is retained in a nonpaper medium, the city clerk shall maintain, throughout the scheduled retention period for such record, suitable equipment for displaying such record at not less than original size and for making copies of the record. (h) Whenever any record is retained in a nonpaper medium, it shall be made in duplicate and the custodian thereof shall place one (1) copy in a fire-resistant vault or off-site storage facility, and he shall retain the other copy in his office with suitable equipment for displaying such record at not less than original size and for making copies of the record. (7) Destruction or transfer of records: 92 | P a g e (a) Permanent records shall not be destroyed, except for paper originals of permanent records retained in a nonpaper medium as provided in subsection (6)(e) of this section. Permanent records may be transferred to the Idaho state historical society's permanent records repository upon resolution of the city council. (b) Semipermanent records may be destroyed only by resolution of the city council and upon the advice of the city attorney, except for paper originals of semipermanent records retained in a nonpaper medium as provided in subsection (6)(d) of this section. Such disposition shall be under the direction and supervision of the city clerk. The resolution ordering destruction shall list in detail records to be destroyed. (c) Temporary records may be destroyed only by resolution of the city council and upon the advice of the city attorney, except for paper originals of temporary records retained in a nonpaper medium as provided in subsection (6)(d) of this section. Such disposition shall be under the direction and supervision of the city clerk. The resolution ordering destruction shall list in detail records to be destroyed. (d) Historical records may not be destroyed but may be transferred to the Idaho state historical society's permanent records repository upon resolution of the city council. History: [50-907, added 2005, ch. 41, sec. 2, p. 164; am. 2016, ch. 226, sec. 1, p. 621.] Meridian City Council Meeting DATE: July 12, 2016 ITEM NUMBER: 7G PROJECT NUMBER: ITEM TITLE: Clerk's Office Clerk's Office: Approval of Resolution No. W - l\ y9 Adopting the Amended Record Retention Schedule of the City of Meridian MEETING NOTES YJ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. � 6 - H LI 9 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION TO AMEND THE CITY OF MERIDIAN'S CITYWIDE RECORDS RETENTION SCHEDULE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 7, 2015 the Mayor and City Council adopted and approved Resolution 15-1509 which updated the Citywide Records Retention Schedule; and WHEREAS, it is recognized that from time to time it will be necessary to update the Citywide Records Retention Schedule for proper management of city records; WHEREAS, the City of Meridian now wishes to amend and update the Citywide Records Retention Schedule; and WHEREAS, an update to the current Citywide Records Retention Schedule has been completed and the amended Schedule is attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City Council of the City of Meridian hereby adopts the 2016 Citywide Records Retention Schedule attached hereto as Exhibit A. Section 2. That the City Clerk is hereby authorized to implement the Citywide Records Retention Schedule adopted by this Resolution. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. +h ADOPTED by the City Council of the City of Meridian, Idaho this day of July, 2016. +h APPROVED by the Mayor of the City of Meridian, Idaho, this �a day of July, 2016. ATTEST: aycee ity o 4o�pcRDauc�sr 44 r 0 City of -� IDIAN*- IDAHO y° SEAL zIke e T R E ASUe CTCV OF MERIDIAN 2016 RECORDS RETENTION SCHEDULE PAGE 1 OF 2 CITY OF MERIDIAN RESOLUTION NO. ( U - I I L1 9 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION TO AMEND THE CITY OF MERIDIAN'S CITYWIDE RECORDS RETENTION SCHEDULE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 7, 2015 the Mayor and City Council adopted and approved Resolution 15-1509 which updated the Citywide Records Retention Schedule; and WHEREAS, it is recognized that from time to time it will be necessary to update the Citywide Records Retention Schedule for proper management of city records; WHEREAS, the City of Meridian now wishes to amend and update the Citywide Records Retention Schedule•, and WHEREAS, an update to the current Citywide Records Retention Schedule has been completed and the amended Schedule is attached hereto as ExhibitA. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City Council of the City of Meridian hereby adopts the 2016 Citywide Records Retention Schedule attached hereto as Exhibit A. Section 2. That the City Clerk is hereby authorized to implement the Citywide Records Retention Schedule adopted by this Resolution. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. 4 h ADOPTED by the City Council of the City of Meridian, Idaho this 21 -day of July, 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this a day of July, 2016, ATTEST: CITY OF MERIDIAN 2016 RECORDS RETENTION SCHEDULE PAGE 1 OF 2 A UCUSrl $Go¢QO�p'CCD ~ 190 w City of -�, IDIAN*- IDAHO y� SEAL E'f, 4P rF9 °�16e TRE pSVe� CITY OF MERIDIAN 2016 RECORDS RETENTION SCHEDULE PAGE 1 OF 2 CITY OF MERIDIAN 2016 RECORDS RETENTION SCHEDULE PAGE 2 OF 2 EXHIBIT A 2016 RECORDS RETENTION SCHEDULE Approved July 12, 2016 by Resolution No. 16-1149 RECORDS RETENTION SCHEDULE 2 | P a g e TABLE OF CONTENTS Introduction ………………………………………………………………………….. Page 3 Frequently Asked Questions …………………………………………………………. Page 5 City Attorney’s Office ……………………………………………………………….. Page 7 City Clerk’s Office …………………………………………………………………… Page 9 Commissions, Committees, Boards …………………………………………………... Page 13 Community Development …………………………………………………………….. Page 14 Finance Department …………………………………………………………………... Page 25 Fire Department ……………………………………………………………………..... Page 35 Human Resources Department ……………………………………………………….. Page 38 Information Technology Department ………………………………………………… Page 45 Mayor’s Office ……………………………………………………………………….. Page 48 Parks and Recreation Department ……………………………………………………. Page 52 Police Department ……………………………………………………………………. Page 60 Public Works Department ……………………………………………………………. Page 68 Support Services …………..…………………………………………………………….. Page 88 Appendix A: Idaho Statute Title 50, Chapter 9, Section 50-907 ….………………… Page 90 3 | P a g e INTRODUCTION Management of public records is a vital function of every city, and understanding the basic principles of records management is essential for every city official and staff member. In basic terms, the definition of a public record, as established by Idaho law, is any recorded information that relates to the business of city government. Public records can be on any medium – paper documents, books, maps, pictures, audio/visual recordings, microfilm or microfiche, as well as digital or electronic documents, including computer files and email. THE CITY CLERK ’S ROLE Idaho Code section 50-908 outlines the role and responsibilities of the City Clerk as municipal records manager. That law directs the City Clerk to: ensure the orderly and efficient management, retention, and destruction of city records in compliance with state and federal laws and city ordinances, resolutions and policies; identify and care for historical records; and coordinate the transfer of permanent records to the Idaho State Historical Society's (“ISHS’s”) permanent records repository. All city employees and elected officials have responsibilities with regard to city records. Idaho Code section 50-908 establishes those responsibilities. Employees and officials must: protect the records in their custody; cooperate with the City Clerk to efficiently manage records and preserve records of enduring value; and pass on to their successors records necessary for the continuing conduct of city business. All city records are property of the city, and no city official, elected, appointed or staff, may assert any personal or property right to such records, even where he or she may have developed or compiled them. The unauthorized destruction or removal of city records is prohibited by law. CLASSIFICATION AND RETENTION OF MUNICIPAL RECORDS Idaho Code section 50-907(5) requires every city in Idaho to adopt a records retention schedule, listing the types of city records retained by the city and the retention period for each type of record. As of July 1, 2016, Idaho Code section 50-907(1)-(4) classifies municipal records into four separate categories (permanent, semipermanent, temporary, and historical). Each of the four classifications either lists specific record types or provides a description for what constitutes records fitting that classification. The statute allows for cities to designate additional records for each classification as deemed appropriate by the City Council. Cities may assign records to a fifth category designated as transitory. Permanent and historical records may not be destroyed, but must be retained by the city in perpetuity, or transferred to the ISHS’s permanent records repository for permanent retention upon resolution of the City Council according to the procedures established in section 50-907, Idaho Code. Semipermanent records shall be retained for not less than five (5) years after the 4 | P a g e date of issuance or completion of the matter contained within the record. Temporary records are to be retained for not less than two (2) years. After the expiration of the designated retention period for semipermanent and temporary records, the destruction of those records may be destroyed only by resolution of the City Council, upon advice of the City Attorney, and in coordination with the City Clerk according to the procedures established in section 50-907, Idaho Code. Transitory records may be destroyed upon expiration of the designated retention period according to the procedure established by the department. FINAL DISPOSITION OF RECORDS As set forth above, permanent and historical records are never destroyed – they are retained in perpetuity by the city or transferred to the ISHS by resolution of City Council. Semipermanent and temporary records may only be destroyed by resolution of City Council. The process for destruction of all nonpermanent records typically begins once the records have reached their minimum retention period, but there are some important exceptions, where circumstances dictate that records must be kept longer: Records related to pending criminal or civil cases; Records that are the subject of a pending public records request; and Records needed for any pending audit or investigation. The departments, the City Clerk, and the City Attorney’s Office work closely together to resolve retention questions and to accomplish final disposition of records according to the process set forth in section 50-907, Idaho Code. The first step in the official record destruction process is that the City Clerk obtains approval for the destruction of the records from the City Attorney’s Office. If appropriate, the City Attorney’s Office prepares a resolution and submits it to City Council for approval to destroy the records. Depending on the records to be destroyed, the City Clerk may be required to notify the ISHS at least thirty (30) days prior to destruction. When all of the steps are complete, the City Clerk notifies the department that it may destroy the designated records. The department destroys the records within thirty (30) days of notification and returns proof of destruction to the City Clerk. In addition to the above information, the following FAQ on classification and retention of municipal records is designed to summarize the changes to Idaho Code section 50-907 that became effective on July 1, 2016 and provide quick answers to often-asked questions. The statute in its entirety is included in Appendix A. 5 | P a g e FAQ: CLASSIFICATION AND RETENTION OF MUNICIPAL RECORDS PER IDAHO CODE SECTION 50-907 AS EFFECTIVE JULY 1, 2016 (N EW INFORMATION IS UNDERLINED ): 1. What are the four (4) statutory record classifications? The four (4) classifications are permanent, historical, semipermanent, and temporary. For complete information regarding the retention period and list of specific record types for each category, go to Appendix A at the end of this Schedule where the statute is set forth in its entirety. 2. How are historical records described? Historical records shall consist of records which, due to age or cultural significance, are themselves artifacts of historical value. Historical records have enduring value based on the administrative, legal, fiscal, evidential or historical information they contain. Historical records shall be retained by the city in perpetuity or may be transferred to the ISHS’s permanent records repository pursuant to subsections 8 and 9 of section 67-4126, Idaho Code, upon resolution of the City Council. 3. Does the City allow for a fifth (5 th ) record category? Yes, the 5 th available record category is called “Transitory” and the retention period is less than two (2) years. Transitory records do not need a resolution to destroy them. However, they should be destroyed according to department policy. 4. Can the City reproduce, retain and manage records in a photographic, digital or other nonpaper medium? Yes, see Idaho Code section 55-907(6) for the necessary form and medium requirements to comply with the statute. 5. Is a reproduced record deemed an original public record for all purposes? Yes, provided it is retained by the city in any form and medium permitted by Idaho Code section 55- 907(6). 6. When can a semipermanent or temporary paper original be summarily disposed of or returned to sender? A semipermanent or temporary paper original can be summarily disposed of or returned to sender once it has been retained in an appropriate nonpaper medium. 7. Can a permanent paper original be summarily disposed of or returned to sender like semipermanent and temporary records once it has been reproduced in a nonpaper medium? Yes, once a permanent paper original is converted, it may be treated like a copy and destroyed provided the following steps are followed: a. Prior to destruction of original paper documents, the City Clerk shall provide written notice, either by email or mail, including a detailed list of the documents proposed for destruction to the ISHS. b. The ISHS has 30 days after receipt of the City Clerk’s notice to review the list and respond in writing, either by email or mail, to the City Clerk identifying any documents that will be requested to be transferred from the city to the ISHS for retention in the permanent records repository. c. Any documents that will not be transferred may be destroyed. 6 | P a g e d. If the City Clerk has not heard back from the ISHS within thirty (30) days after the ISHS received notice from the City Clerk, then the records may be destroyed. 8. What has changed regarding destruction or transfer of records? a. Permanent records: (1) Must be kept forever by the city, except for paper originals of permanent records maintained in a nonpaper medium as discussed in FAQ #7 (above); or (2) Permanent records may be transferred to ISHS’s permanent records repository upon resolution by City Council. b. Semipermanent and Temporary records: (1) May be destroyed only by resolution of the City Council and upon the advice of City Attorney, except for paper originals of semipermanent or temporary records retained in a nonpaper medium. (2) Such disposition is under the direction and supervision of the City Clerk. The Clerk no longer needs to give thirty (30) day written notice to the ISHS of intent to destroy. (3) Copies: It is always important to remember that once a Resolution to Destroy Records is approved and the City Clerk gives the department the “ok” to destroy the records listed therein, the department must take care to destroy all versions of the records listed. In other words, copies cannot outlive the destruction of the original record. 7 | P a g e CITY ATTORNEY ’S OFFICE RECORD DESCRIPTION CATEGORY RETENTION PERIOD Legal Department Administrative Records Written messages and reminders, meeting notes, working drafts, legal research source documents and notes, copies of accounts payable invoices and expense reports, presentations, documents recording department activities or plans, department reports to directors, and other material or aids that support an employee’s day-to-day job functions. Transitory Until administrative need ends or superseded Bankruptcy Notices and Case Files Records documenting notification to the city that certain individuals have filed for bankruptcy, and used to determine if the individual owes money to the city and to file notice or claim with the court. Information may include: debtor’s name, utility accounts information, prepared repayment plan and related documentation. Semipermanent IC §50-907(2)(a,g) 5 years after receipt of Trustee Final Report or an Order Dismissing the Case Budget Preparation Records Working documents utilized to establish yearly budget, including enhancements, amendments, carry forward support, FTE anticipation, and quotes for goods or services. Transitory Until administrative need ends or superseded Civil Case Files Pending and closed cases filed by and against the city, including all pre-litigation, litigation, appellate documents (complaints, summons, investigations, reports, attorney notes, discovery-related records, pleadings, affidavits, motions, deposition transcripts, disposition, orders and judgments, exhibits, appeals, and related records), and bankruptcy files. Semipermanent IC §50-907(2)(g) 10 years after date of last action Departmental Reports Reports prepared by the city attorney for the mayor and city council. Semipermanent IC §50-907(2)(e) 5 years Director/Manager HR-related Records Director and manager’s records regarding City Attorney’s Office employees, including performance Transitory Until employee separation (then transferred to HR) 8 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD evaluations, comment cards, complaints, certificates, etc. Forms, Templates Legal forms and templates. Transitory Until superseded Land Use Appeals Appeals of land use decisions, including staff reports, pleadings, briefs, and related records. Semipermanent IC §50-907(2)(g) 10 years after date of last action Legal Opinions, Memoranda Formal and informal opinions and memoranda rendered by the city attorney for the mayor, city council, or city departments, examining legal questions relating to state/federal law/rules or local ordinances/policies. Semipermanent IC §50-907(2)(g) 10 years Privileged Administrative Records Records held in confidence by the City Attorney’s Office regarding confidential or privileged matters including personnel investigations, settlements related to personnel matters. Semipermanent IC §50-907(2)(g) 75 years Settlement Records Settlement agreements and related documentation from civil cases, claims, mediation, and arbitration. Semipermanent IC §50-907(2)(g) 75 years Training Materials Records related to training and continuing education programs attended by City Attorney’s Office staff. Documents may include instructional materials, course descriptions, class enrollment and attendance records, certificates of attendance, etc. Transitory Until administrative need ends or superseded Risk Management Claim Files Claims for damages filed by and against the city, including claims caused by city employees/ equipment, including Property Damage Records, Liability Claims Records, Public Injury Reports, and related correspondence. Semipermanent IC §50-907(2)(a,g) 10 years, provided there is no litigation. (See Civil Case Files for litigated claims) Insurance Policy Records Records documenting the terms and conditions of city insurance policies covering liability, property, motor vehicle, etc. Records usually include: policies, endorsements, rate change notices, agent of record, and related documents. Semipermanent IC §50-907(2)(g) 5 years 9 | P a g e CITY CLERK ’S OFFICE RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative Records Activity Logs/Reports Daily, weekly monthly or other reports documenting the activities of the City Clerk’s Office employees, including but not limited to: sign in/out sheet for keys, archival Records and phone Logs, land use, ordinances, permits, minutes, and resolution tracking spreadsheets, and Dashboard statistics Transitory Until administrative needs ends Administrative Records Copies of: A/P invoices, Expense Reports, MIP A/P unposted Reports, Detailed Statements of Revenues and Expenditures Transitory Until administrative need ends or record is superseded Budget Preparation Records Working documents utilized to build base budgets and establish yearly budgets, including but not limited to enhancements, amendments, carry forward support, FTE anticipation, vehicle replacement, quotes for service/maintenance Transitory 1 year or until administrative need ends Correspondence Policy/program correspondence, documenting the formulation, adoption and implementation of significant policy/program decision. Including but not limited to Commission, Committee and City Clerk determination. Permanent In perpetuity Records created or received in the course of administering city policies, procedures or programs, but these records do not provide insight into significant policy, procedure or program discussions or decisions. Semipermanent 5 years Correspondence created or received in the course of administering City policies, procedures or programs including but not limited to memos, notes, thank you notes, surveys, letters to businesses and citizens and day -to day office and housekeeping correspondence that doe s not contain unique information about City functions or programs, for example scrolling agenda and announcements. Transitory Until administrative need ends Customer Complaints/Kudos Complaint or Compliment records including but not limited to letters, phone Transitory Until administrative need ends 10 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD calls, comment cards and in person feedback from citizens, customers, developers and contractors Forms/Templates Forms/Templates created for use by the City Clerk’s Office including but not limited to visual aids, applications, checklists, land use transmittals and web documents Transitory Until administrative need ends or record is superseded HR Documents Departme ntal employee personnel records, including but not limited to training records, coaching notes, Performance Evaluation, contact information. Record is confidential and will be kept in a locked files with manager until employment has ended; File sent to H R for retention after termination (voluntary or involuntary) Transitory Until employment is terminated; then forward to HR Meeting Records and Notes Special Projects/Initiatives Internal meeting records and/or staff level notes generated in the course of day to day business, including but not limited to; agendas, notes and presentations Transitory Until administrative need ends or superseded Reference/Owner’s Manuals/ Handbooks Documents to include but not limited to: Owner’s Manuals and code updates Transitory Until superseded or administrative need ends Department Guidelines, Policies, Procedures, Processes and Reports Departmental Policy or program records documenting the formulation, adoption and implementation of departmental policy or program decisions. Including but not limited to Standard Operating Procedures and Guidelines, reference materials or materials obtained from another government entity or agency used in the development of said procedure Transitory 1 year after document is replaced and/or administrative need ends Presentations Formal department presentations to Council, Chamber of Commerce or other agencies/entities or people, e.g. New Council member training, Joint Council/Commission workshop training Transitory Until administrative need ends Telephone Records Message logs, voicemails, Shortel call volume reports etc. Transitory Until administrative need ends Operational Records Audio/Video Recordings Audio and video recordings of City Council, Commission and Committee Meetings. Semipermanent 5 years City Council and Planning and Zoning Meeting Agenda, Minutes and Minute Books Records documenting meetings of the City Council and/or Planning and Zoning Commission and motions, resolutions, ordinances, transcripts and other actions taken at meetings. Permanent IC §50- 907(1)(a) In perpetuity 11 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Contracts & Agreements to which the City is a Party Agreements with vendors and other parties for the acquisition, lease, lease- purchase or sale of equipment, supplies, services or property, letters of credit, warranty surety agreements, and easement agreements which have been approved at a City Council meeting, approved by the Mayor, or have been recorded with Ada County. Semipermanent IC §50- 907(2)(b) 25 years Deeds & Real Property Records Records relating to ownership of real property, including deeds, title opinions, abstracts and certificates of title, title insurance, documentation concerning alteration or transfer of title, and records relating to acquisition and disposal of real property such as offer letters, options, agreements of short duration, staff reports, appraisal and inspection reports, letters of transmittal, and related records. Permanent IC §50- 907(1)(e) In perpetuity Election – Campaign Finance Reports Reports showing contributions and expenditures in city campaigns by mayor/council candidates, political committees and independent persons/entities. Includes C-1 (Certification of Treasurer), C-2 (Campaign Financial Disclosure Report), C-4 (Independent Expenditures), C-5 (48 Hour Notice of Contributions/ Loans Received), C-6 (Statement by Nonbusiness Entity), and C-7 (48 Hour Notice of Independent Expenditures). Permanent IC §50- 907(1)(g) In perpetuity Election – Candidate Declarations & Petitions Includes declarations of candidacy and intent for candidates for city elective office. Declarations of candidacy are filed by candidates to get their name on the election ballot, and are accompanied by a filing fee of $40 or a petition with the signatures of at least five qualified city electors, including a certification by the county clerk of the number of signatures that are of qualified city electors. Declarations of intent are filed by write-in candidates, and do not require the filing fee or petition. Permanent IC §50- 907(1)(g) In perpetuity Election – General/Regular (Election Files) Includes the first and second notice of election and sample ballot which are published in the official newspaper, poll books showing the name, address and Permanent IC §50- 907(1)(g) In perpetuity 12 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD signature of those voting in City elections, and the tally book in which election staff record and total the votes cast for each candidate and ballot question at the polling precinct. Election – General/Regular (Working Files) Includes the following records: polling places, judges and clerks, challengers and watchers, voting machines and vote tally systems, correspondence, and other records not specifically listed in this schedule. Semipermanent IC §50- 907(2)(g) 5 years Election ballots, including voted ballots, unused ballots, spoiled ballots, ballot stubs, absentee voting, and duplicate poll books Temporary IC § 50- 907(3)(e) 2 years Oaths of Office Signed oaths of elected officials swearing to uphold the federal and state constitutions and laws of the city. Permanent In perpetuity Passports – General Information Training records, Department of State monthly newsletters, and Passport Agent’s Reference Guide. Transitory Until administrative need ends or record is superseded Passports – Transmittals Daily transmittal spreadsheets that accompany passport applications mailed to the Department of State Regional office. Transitory 2 years Permits & Licenses Records relating to city permits and licenses issued in the City Clerk’s Office. Semipermanent IC §50- 907(2)(d) 10 years Public Notices Records relating to proof of mailings. Transitory Until administrative need ends Public Records Requests Written public records requests, city denials of public records requests, responses, etc. Temporary 1 years after last action Records Management Records Destruction records including tracking reports, destruction resolution and authorization from Idaho State Historical Society and legal counsel. Permanent In perpetuity Records of Historical Significance Records of historical significance not otherwise maintained by the Meridian Historical Preservation Commission. Permanent In perpetuity Room Scheduling & Reservation Records for City Hall Records documenting scheduling and reservations related to public meeting rooms in City Hall. Such as reservation request forms, and Outlook calendar scheduling records. Transitory Until administrative need ends Vehicle Titles State of Idaho Certificate of Title for vehicles owned by the City. Transitory Until vehicle is no longer owned by the City 13 | P a g e COMMISSIONS *, COMMITTEES , AND BOARDS RECORD DESCRIPTION CATEGORY RETENTION PERIOD Agendas Agendas of commission, committee, or board meetings Permanent IC §50- 907(1)(a) In perpetuity Audio Recordings Audio recordings of commission, committee, or board meetings Semipermanent IC §§ 50- 907(2)(g) 5 years Bylaws Internal rules governing commission, committee, or board structure, operations, procedures, officers, etc. Permanent IC §50- 907(1)(h) In perpetuity Contact Information Document listing commission, committee, or board members’ names, addresses, phone numbers, e-mail addresses, etc. Transitory Until administrative need ends Correspondence Correspondence regarding day-to-day commission, committee, or board operations or administration Transitory Until administrative need ends Historical Project Records Records documenting a commission, committee, or board project of historical or cultural significance to the City and/or Meridian community Historical IC §50-907(4) In perpetuity Minutes Summary or verbatim minutes of commission, committee, or board meetings; documents and other written or visual materials presented at meetings ( e.g ., handouts, photos, presentations, etc.) Semipermanent IC §§ 50- 907(2)(g) 5 years Project Files and Reports Documents and materials used by staff or commission, committee, or board members in the course of researching, developing, completing, reporting on, or acting on initiatives of the commission/committee/board Transitory Until administrative need ends Roster, current List of current commission/committee/ board members, including names, seat numbers, and appointment dates. Transitory Until superseded Roster, historical List of all commission, committee, or board members throughout history of the body; may include names, seat numbers, dates of appointment and departure. Historical IC §50-907(4) In perpetuity *Note: This schedule does not apply to City Council or Planning & Zoning Commission records, which are addressed in Clerk’s Office Records Retention Schedule. 14 | P a g e COMMUNITY DEVELOPMENT DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative – All Divisions: (Community Development(CD) Departmental/Operational, Building Services, Economic Development, Land Development, Planning( Community Development Block Grant(CDBG) and Current/Long Range Planning) Activity Logs/Reports Daily, weekly, monthly, or other reports documenting the activities of the Community Development (CD) employees, including, but not limited to: sign in/out sheet for credit card, car sign in/out, archival records log, and dashboard. Transitory Until administrative need ends Administrative Records Copies of: A/P invoices, expense reports, A/P unposted Reports, Detailed Statements of Revenues, and Expenditures. Transitory Until administrative need ends or record is superseded Budget Preparation Records Working documents utilized to build base budgets and establish yearly budgets, including, but not limited to: enhancements, amendments, carry forward support, Full Time Equivalent (FTE) anticipation, vehicle replacement, and quotes for service/maintenance. Transitory 1 year or until administrative need ends Committee/Ad-Hoc Team Records Agendas and meeting minutes/notes for special groups convened by Community Development for specific purposes such as understanding operational gaps, Code issues, and process delays. Temporary 2 years Correspondence Policy/program correspondence, documenting the formulation, adoption, and implementation of significant policy/program decisions. Permanent In perpetuity Records created or received in the course of administering city policies, procedures, or programs, but these records do not provide insight into significant policy, procedure, or program discussions or decisions, including, but not limited to: citizen response letters, change of address notifications including corner lot change of address, and street name changes. Semi- permanent 5 years 15 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Correspondence and support material created or received in the course of administering City policies, SOPs, programs, or customer service requests; including other city departments and interagency coordination, including, but not limited to: lists, maps, graphics, figures, and other location specific materials and information, thank you notes, letters to businesses, citizens, and day-to-day office and housekeeping correspondence, for example: final action courtesy letters, will-serve letters and address verifications. Transitory Until administrative need ends Customer Complaints/Kudos Complaint or compliment records including, but not limited to: letters, phone calls, comment cards and in person feedback from citizens, customers, developers and contractors. Transitory Until administrative need ends Department Guidelines, Policies, Procedures, Processes and Reports Departmental policy or program correspondence, documenting the formulation, adoption, and implementation of significant departmental policy or program decisions, including, but not limited to: Standard Operating Procedures (SOP) and department guidelines, etc. Permanent In perpetuity Departmental records created or received in the course of administering departmental policies, procedures, or programs, but these records do not provide insight into significant policy, procedure, program, discussions, or decisions. Including, but not limited to: citizen response letters. Temporary 2 years or until administrative need ends City/departmental SOP/policy manual or reference material from another government agency or business. Transitory 1 year after document replacement or until administrative need ends Director Determination/Inter pretation Documents, including, but not limited to: written request for Unified Development Code (UDC) interpretation, analysis, and the responsive departmental opinion. Permanent In perpetuity 16 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Forms/Templates Forms/templates created for use by the CD department, including, but not limited to: visual aids/cut-sheets, applications, checklists, and web documents. Transitory Until administrative need ends or record is superseded HR Documents Departmental employee personnel records, including, but not limited to: training records, coaching notes, performance evaluation, contact information; record is confidential and will be kept in a locked file, with manager, until employment has ended. Transitory Until employment is terminated; then forward to HR Marketing Materials Documents, including, but not limited to: working and draft research products/materials, analysis, maps, images, photos, demographics, market studies, conference materials, site selector information, spreadsheets, public outreach/town hall information, publications, or other metrics for department, inter-departmental, and external customers. Transitory Until superseded or administrative need ends Meeting Records and Notes Internal meeting records and notes generated in the course of day- to- day business, including, but not limited to: agendas, notes, and presentation. Transitory Until administrative need ends or superseded Presentations Formal department presentations to City Council, Commissions, Chamber of Commerce, other agencies/entities, or people. Transitory Until administrative need ends Professional Service Agreement(PSA)/Co ntracts Documents or communication related to a PSA/contract, including, but not limited to: copies of contract documents; emails including (performance related) correspondence from our PSA consultants (electrical, plumbing, mechanical, structural, and fire disciplines). Transitory Until administrative need ends Special Projects/Initiatives Final departmental documents related to special, non-confidential, or one-time projects, including, but not limited to: strategic plan initiatives, urban renewal districts, inventory, or non- application specific projects. Permanent In perpetuity Work-in-progress documents, material, or work products for ongoing or one time projects, including, but not limited: to Transitory Until superseded or administrative need ends 17 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD strategic plan initiatives, urban renewal districts, inventory, or non-application specific projects. Staff Working Documents, Notes and Drafts Documents, including, but not limited to: notes, draft spreadsheets, PowerPoints, Word, Adobe InDesign documents and underlying work-in-progress information that supports the day-to-day staff’s job function. Transitory Until superseded or administrative need ends Reference/Owner’s Manuals/ Handbooks Documents, including, but not limited to: owner’s manuals, International Code Council (ICC), and reference documents from other companies, government agencies (e.g. Idaho Power, American Disabilities Administration (ADA), Ada County Highway District (ACHD), Energy Commission, etc.). Transitory Until superseded or administrative need ends Reports & Studies Documents, including, but not limited to: draft research information, market studies, planning studies, and related documents not adopted in the Comprehensive Plan or UDC (e.g. pathways, downtown street crossing). Transitory Until superseded or administrative need ends Telephone Records Message logs, voicemails, ShoreTel call volume reports, etc. Transitory Until administrative need ends Zoning Verification Letter Documents, including, but not limited to: written requests for zoning analysis of a specific parcel/property and the responsive departmental opinion Semi- permanent 10 years Building Division – Commercial and Government Buildings Building Plans and Specifications for Commercial and Government Buildings Drawn and written approved for construction plans and specifications for commercial and government buildings, including, but not limited to: structural calculations, geotechnical investigations/reports (soil classifications: strength, compressibility, load bearing values tests: groundwater, borings, pits, subsurface exploration), and Certificate of Occupancy 2012 or later. Permanent In perpetuity 18 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Building Applications for Commercial Projects and Government Buildings Accela files related to commercial and governmental buildings and projects, including, but not limited to: permit application, signs, inspection records, certificates of values, photos, building, mechanical, plumbing, fire, and/or electrical permits, letters, and correspondence. Semi- permanent 10 years from record date for all records dated 2012 or later PT Win Files related to commercial and governmental buildings and projects, including, but not limited to permit application, inspection records, Certificates of Occupancy, Certificates of Values, photos, building, mechanical, plumbing, fire, and/or electrical permits. Semi- permanent 5 years from record date for all records dated 2011 or older Temporary Occupancies. Transitory Until issuance of Final CO Sign Permit Plans & Specifications Drawn and written approved for construction plans and specifications for commercial and government buildings signs, including, but not limited to: (wall, free standing, and monument/subdivision identification). Permanent In perpetuity (see Planning Schedule for Retention) Building Division – Non-Commercial and Non-Government Buildings (Residential) Building Plans & Specifications for Non-commercial & Non-government Projects (after the structure or project receives final inspection & approval) Drawn and written approved for construction building plans and Certificate of Occupancy 2012 or later. Permanent In perpetuity Building Applications for Non-Commercial Projects and Non- Government Buildings Accela Files related to Non-commercial and Non-governmental buildings and projects, including, but not limited to: permit applications, inspection records, photos, building, mechanical, plumbing, and/or electrical permits. Semi- permanent 10 years from record date for all records dated January 2012 or later PT Win Files related to Non-commercial and Non-governmental buildings and projects, including, but not limited to: permit applications, inspection records, Certificate of Occupancy, photos, Building, Mechanical, Plumbing, and/or Electrical Permits. Temporary 2 years from record date for all records dated 2011 or older 19 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Temporary Certificate of Occupancies. Transitory Until issuance of Final CO Building Correspondence for Non-compliant Projects & Building Code Enforcement Cases (compliance & legal letters) Correspondence, including, but not limited to: signed letters of alternative compliance from design professional, engineers, or architects, letters generated from City’s legal counsel, documented notes of conversations, telephone logs, photos of violations, analysis reports/logs, etc. Transitory Until administrative need ends Economic Development Economic Development Website HTML text stored in economic development website’s external data base. Documents, including but not limited to: Available Properties Lists and marketing information. Transitory Until superseded or administrative need ends Confidentiality Agreement Projects & Correspondence/Do cuments Documents, related to signed confidentiality agreements, including, but not limited to: letters of intent, community Tax Reinvestment Incentive (TRI) match letter, market research, project prospectus, photos, and written correspondence. Transitory Until administrative need ends Land Development Division – Commercial and Government Buildings Land Development Commercial and Governments Project Files Documents created or used in the land development phase of a commercial or government building project, including, but not limited to: assessment records (ERU Credits/fees for meters, landscape, single point connections, etc.), annotated plats, engineer certifications pertaining to development applications (e.g. statements of compliance, letters for storm water, pressurized irrigation, gravity irrigation , private roads), geotechnical reports indicating seasonal high ground water elevations, soil classifications and percolation rates. Permanent In perpetuity Files or documents created and/or used in the land development phase of a commercial project, including but not limited to: approval letters, soil reports, and drainage calculations. Semi- permanent 10 years Files or documents created and/or used in the land development phase of a commercial project, including, but not limited to: approved for construction Transitory Until administrative need ends 20 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD drawings, staff reports, approval letters, invoices, application review comments, will serve letters, transmittals, and memos. Land Development Division – Non-Commercial and Non-Government Buildings (Residential) Land Development Non-Commercial and Non- Government (Residential) Project Files Documents created and/or used in the land development phase of a residential or Non-Government project, including, but not limited to: assessment records (ERU Credits/fees for meters, landscape, single point connections, etc.), annotated plats, engineer certifications pertaining to development application (e.g. statement of compliance letters for storm water, pressurized irrigation, gravity irrigation and private roads). Permanent In perpetuity Files or documents created or used in the land development phase of a residential or commercial subdivision project, including, but not limited to: approval letters, soil report, and drainage calculations. Semi- permanent 10 years Files or documents created used in the land development phase of a residential or commercial subdivision project, including, but not limited to: approved for construction drawings, staff reports, approval letters, invoices, application review comments, will serve letters, transmittals, and memos. Transitory Until administrative need ends Permits and Inspection Records – All Land Development (Accela Record ID’s) Files or documents created and/or used in the land developments phase of all Governmental, Commercial, or Residential/Commercial Subdivision projects with Accela ID’s (LD-DEV, LD-CLOT, LD-RSUB, LD-CSUB, LD- CAP, LD-MISC, LD-WSA). Semi- permanent 10 years from the creation of the records Surety (performance) All documents related to surety agreements, including, but not limited to: work-in-progress files for development of a surety agreement (correspondence, bids, memos, surety applications, contract filing information), Letters of Credit, Bonds, securing the performance compliance with requirements or conditions of a project; including, but not limited to: sewer, water, landscaping, fencing, amenities, car ports, pathways, Transitory Until requirements and/or conditions are met and administrative need ends or release occurs whichever is later 21 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD lighting, paving/striping for private park lot(s), etc. Letters of Credit/Bond(s) Transitory Until requirements and/or conditions are met and administrative need ends or release occurs, whichever is later (see Clerk’s schedule) Cash Transitory Until requirements and/or conditions are met and administrative need ends or release occurs, whichever is later (see Finance’s schedule) Surety (warranty) All documents related to Surety Agreements, including, but not limited to: working files for development of a surety agreement (correspondence, bids, memos, surety applications, business filing information), Letters of Credit, Bonds, securing the performance and warranty compliance with requirements or conditions of a project; including, but not limited to: sewer, water, landscaping, fencing, amenities, car ports, pathways, lighting, paving/striping, and private park lot(s) etc. Transitory Until requirements and/or conditions are met and Administrative need ends or release occurs whichever is later Letters of Credit/Bond(s) Transitory Until requirements and/or conditions are met and administrative need ends or release occurs, whichever is later (see Clerk’s schedule) Cash Transitory Until requirements and/or conditions are met and administrative need ends or release occurs, whichever is later (see Finance’s schedule) 22 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Planning Divisions Community Development Block Grant (CDBG) Plans and Reports Plans, reports, substantial plan amendments, and related correspondence. Permanent In perpetuity Sub Recipient Agreements and Supporting Documents Documents, including, but not limited to: agreements, Consolidated Annual Performance Evaluation Report (CAPER), sub-recipient agreements, environmental review records, PSAs (and corresponding products), sub- recipient reporting documents (activity reports, draw requests, labor files), etc. Semi- permanent 10 years from the completion of a program year’s HUD approved CAPER Planning Division –Administrative Applications Accessory Use Permits for Daycare or Home Occupation Documents, including, but not limited to: application, associated checklist items, and staff report with decision letter. Permanent In perpetuity Alternative Compliance Documents, including, but not limited to: application, associated checklist items and decision letter, or decision is rendered with a concurrent administrative or hearing application. Permanent In perpetuity Certificate of Zoning Compliance Documents, including, but not limited to: application, associated checklist items, certificate of zoning compliance (CZC), and staff report. Permanent In perpetuity Conditional Use Permit Minor Modification Documents, including, but not limited to: application, associated checklist items, and staff report with decision letter. Permanent In perpetuity Design Review Documents, including, but not limited to: application, associated checklist items, and design review staff report, or decision is rendered with a concurrent CZC staff report. Permanent In perpetuity Private Road Documents, including, but not limited to: application, associated checklist items, tentative decision letter, maintenance agreement, reciprocal cross access easement and final decision letter. Permanent In perpetuity Property Boundary Adjustment Documents, including, but not limited to: application, associated checklist items and tentative decision letter, final decision letter, and documents that include recorded record of survey, new deeds, new tax parcel numbers, etc. Permanent In perpetuity 23 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Sign Permit Plans & Specifications Documents, including, but not limited to: application, associated check list items and approved, sign specifications (plans/design/drawings). Permanent In perpetuity Sign: Planned Sign Program; No longer issuing, but still have existing records Documents, including, but not limited to: approved application, and sign requirements for a specific project. Semi- permanent 5 years after revocation from property owner Sign: Limited Duration Documents, including, but not limited to: application, associated checklist items, and approved sign design/drawings. Semi- permanent 10 years Surety: Planning Included in Land Development Description. See Land Development Schedule for retention See Land Development Schedule for retention Time Extension Documents including, but not limited to: application, staff report, and decision letter. Semi- permanent 5 years Vacation Documents, including, but not limited to: application, associated checklist items and staff report with decision letter. Permanent In perpetuity Annexation Documents, including, but not limited to: application, associated checklist items, staff report, Planning and Zoning Commission Recommendations, and Findings. Permanent In perpetuity Comprehensive Plan Text and Map Amendments Documents, including, but not limited to: application, associated checklist items, staff report, area of city impact negotiation with Ada County, Planning and Zoning Commission Recommendations, Findings if accompanying another concurrent hearing application. Permanent In perpetuity City Council Review (appeal) Documents, including, but not limited to: application, associated checklist items, staff report/memo and decision letter. Permanent In perpetuity Conditional Use Permit Modification Documents, including, but not limited to: application, associated checklist items, staff report, and Findings. Permanent In perpetuity Development Agreement Documents, including, but not limited to: application, associated checklist items, Permanent In perpetuity 24 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Modification staff report, draft copy of the amended development agreement, and Findings. Planned Unit Development Documents, including, but not limited to: application, associated checklist items, staff report, Planning and Zoning Commission Recommendations, and Findings. Permanent In perpetuity Final Plat Modification Documents, including, but not limited to: application, associated checklist items, staff report, Order of decision. Permanent In perpetuity Preliminary Plat Documents, including, but not limited to: application, associated checklist items, staff report, Planning and Zoning Commission Recommendations, Findings. Permanent In perpetuity Preliminary and Final Plat Documents, including, but not limited to: application, associated checklist items, staff report, and Order of Decision. Permanent In perpetuity Short Plat Documents, including, but not limited to: application, associated checklist items, staff report, and Findings. Permanent In perpetuity Rezone Documents, including, but not limited to: application, associated checklist items, staff report, Planning and Zoning Commission Recommendations, and Findings. Permanent In perpetuity Time Extension - Planning & Zoning Commission or Council Documents, including, but not limited to: application, associated checklist items, staff report, and Order. Permanent In perpetuity Unified Development Code Text Amendment Documents, including, but not limited to: application, associated checklist items, staff report, Planning and Zoning Commission Recommendations. Permanent In perpetuity Vacation Documents, including, but not limited to: application, associated checklist items, and staff report. Permanent In perpetuity Variance Documents, including, but not limited to: application, associated checklist items, staff report, and Findings. Permanent In perpetuity 25 | P a g e FINANCE DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative – All (Administration, Arts & Culture, Billing, Budget, Controller, Purchasing) Activity Logs/Reports Daily, weekly monthly or other reports documenting the activities of the Finance Department employees, including but not limited to: sign in/out sheet for credit card, car sign in/out, etc. Transitory Until one year after audit Correspondence Adopted policy/programs impacting departments City-wide Permanent In perpetuity Records created or received in the course of administering city policies, procedures or programs, but these records do not provide insight into significant policy, procedure or program discussions or decisions. Including but not limited to Citizen Response letters, billing adjustment requests, etc. Semipermanent 5 years Correspondence created or received in the course of administering City policies, procedures or programs including but not limited to Memos, transmittals, notes, comments, thank you notes, letters to businesses and day-to day office and housekeeping correspondence that does not contain unique information about City functions or programs. Transitory Until administrative need ends Committee Records Agendas and meeting minutes/notes for special groups convened by the department for specific purposes such as understanding operational procedures, gaps, and process delays Transitory Until administrative need ends Customer Complaints/Kudos Comment cards, copies of emails, letters, and other documents relaying complaints or kudos for staff and/or department functions Transitory Until administrative need ends Department Guidelines, Policies, Procedures, and Processes Finance Departmental Standard Operating Policy/Procedures Transitory Until record is superseded Administrative Reports Documents generated by department staff for miscellaneous internal reports. May also include complaints or compliment records including but not limited to letters, phone calls, comment Transitory Until administrative need ends 26 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD cards and in person feedback from citizens, customers, Forms/Templates Forms/Templates created for use by the Finance Department including but not limited to visual aids, applications and checklist, billing forms, budget and purchasing templates Transitory Until administrative need ends or record is superseded HR Documents Departmental employee personnel records kept in locked files with manager until employment has ended; File sent to HR for retention after termination(voluntary or involuntary) Transitory Until employment is terminated; then forward to HR Staff Records and Notes Records and notes generated in the course of day to day business, including but not limited to; agendas, minutes, notes, presentations, notebooks, meeting notes, to-do lists, employee –compiled notes, etc. May also include documented attendance and presentation by Finance Department employees at conventions, conferences, seminars, workshops and similar training events. Includes training requests, training and Continuing Education Unit tracking reports and other related correspondence Transitory Until administrative need ends or superseded Photographs Includes both formal and informal photos from events or day to day operations Transitory Until administrative need ends or superseded Presentations Formal department presentations to Council or others, e.g. New Council member training, citywide staff training. Transitory Until superseded or administrative need ends Reference/Owner’s Manuals/Books Documents to include but not limited to: equipment manuals, reference materials Transitory Until superseded or administrative need ends Special Projects/Initiatives Documents related to special or non- confidential one-time projects Temporary 2 years or until administrative need ends Telephone Records Message logs, voicemails, etc. Transitory Until administrative need ends Arts and Culture 27 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD See Committees, Commissions, and Boards section of the retention schedule Accounting Accounts Payable Records documenting payment of city bills, including reports, invoices, check stubs, purchase orders, payment authorizations. Semipermanent IC §50- 907(2)(a) 5 years Accounts Receivable Records documenting billing and collection of monies owed to the city by vendors, citizens, organizations, governments, etc. Records include: reports, receipts, invoices, statements, etc. Information typically includes: receipt amount, date, invoice number, name, account number, account balance, adjustments, etc. Semipermanent IC §50- 907(2)(a) 5 years Cash Receipts Receipt and supporting documentation Semipermanent IC §50- 907(2)(a) 5 years Grant Records Records documenting the application, evaluation, awarding, administration, reporting and status of grants applied for, received, awarded or administered by the city. Records include: applications and proposals, summaries, objectives, activities, budgets, exhibits, award notices, progress reports, contracts, financial reports, and related correspondence and documentation. Semipermanent IC § 50- 907(2) (g) 10 years from final grant close-out Sales & Use Tax Forms Used to report and remit sales tax collected and due to the state. Semipermanent IC §50- 907(2)(a) 5 years Travel Records Records documenting requests, authorizations, reimbursements, and other actions related to employee travel, including expense reports and receipts, vouchers and related documents. Semipermanent IC §50- 907(2)(a) 5 years Budget Financial Reports Quarterly Published Reports documenting the financial condition and operation of the city, Reports include information on revenues and expenditures in relation to the final budget. Semipermanent IC §50- 907(2)(a) 10 years Financial Reports Year End Reports and data used to document the financial condition and operation of the Semipermanent IC §50- 5 years 28 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD city, sub ledgers related to, but not including the final Audit Report. 907(2)(a) Bank Transaction Records Records documenting the status and transaction activity of city bank accounts, including account statements. Semipermanent IC §50- 907(2)(a) 5 years Budget Hearing Notice Newspaper notice of budget hearing. Permanent IC §50- 907(1)(h) , Held in Clerks Office In perpetuity Budget Records Records used in preparing and adopting the city budget, including revenue projections, instructions, department requests, worksheets, council-approved tentative budget and notice of budget hearing, adopted appropriations ordinance and amendments, and other information. Semipermanent IC §50- 907(2)(a) 10 years Cancelled checks Bank record of account transactions. Semipermanent IC §50- 907(2)(a) 5 years Capital Asset Records – Purchase Record of purchase, vendor invoice and related documents. Semipermanent IC §50- 907(2)(a) 5 years Capital Asset Records – Disposal Record of disposal, department request of disposal. Semipermanent IC §50- 907(2)(a) 5 years after disposal Gift and Contribution Records Records documenting gifts and contributions to the city. Semipermanent IC §50- 907(2)(a) 10 years Chief Financial Officer Investment Records Reports, statements, summaries, correspondence and other records documenting and tracking investments made by the city, including the Local Government Investment Pool. Semipermanent IC §50- 907(2)(a) 5 years Controller Accounting Software Records Transaction records within the Accounting Software system: including – payroll, vendor listing, vendor payments, vendor purchase orders, budget transactions, cash receipts, and general ledger. Semipermanent IC §50- 907(2)(a) 10 years 29 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Audit Report Documents the city’s annual audit, examining compliance with generally accepted accounting principles and methods, the accuracy and legality of transactions and accounts, and compliance with requirements, orders, and regulations pertaining to the financial condition and operation of the city. Information includes: financial statements, auditor’s report and recommendations, single audit information concerning federal grants, and other information. Permanent IC §50- 907(1)(d) ; Held in Clerks Office In perpetuity Bond Records Records documenting financing of city improvements through bonded indebtedness. Records include: bond rating information, bond and election ordinances, legal notices announcing bond election, bond counsel information and opinions, covenants, paid bonds and coupons, bond registers, State Treasurer public bond issue reports (IDAPA 54.01.01), etc. Permanent IC §50- 907(1)(a)(b)(h) ; Held in Clerks Office In perpetuity Departmental Reports Reports documenting the financial condition and operation of the city, issued on a monthly, quarterly, annual or other basis, including quarterly published treasurer’s report and year-end financial reports. Reports include information on revenues and expenditures in relation to the final budget. Semipermanent IC §50- 907(2)(e) 10 years General Ledgers Records documenting the summary of accounts reflecting the financial position of the city, showing debit, credit and balance amounts per account, budget, fund and department, asset depreciation, and totals for notes receivable, interest income, amounts due from other funds, bank loans received, cash in escrow, deferred loans received, cash, revenue, accounts receivable, accounts payable, etc. Semipermanent IC §50- 907(2)(a) 10 years Journal Entries Records including detailed reports and back up documentation for journal entries Semipermanent IC §50- 907(2)(a) 5 years Local Improvement Records documenting the formation of a local improvement district and levying Permanent IC § 50- In perpetuity 30 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Districts (LID) of special assessments, including: ordinance, published notices, assessment roll, appeals, affidavits, bonds and coupons, delinquencies, and related correspondence and documents. 907(1)(e); Held in Clerks Office Real Property Title Records Records of real property. Permanent IC §50- 907(1)(e ); Held in Clerks Office In perpetuity Payroll Administrative Reports Reports, statistical studies, and other records designed and used for budget preparation, projections, workload and personnel management, and research and general reference. Semipermanent IC §50- 907(2)(a) 10 years Deduction Authorization Records Records documenting employee authorization for voluntary payroll deductions. Records may include: direct bank deposits, insurance applications, enrollment cards, deduction authorizations, approval notices, deduction terminations, and related records. Semipermanent IC §50- 907(2)(a) 5 years after employee separation Federal & State Tax Records Records, in addition to those itemized in this section, used to report the collection, distribution, deposit, and transmittal of federal and state income taxes as well as social security tax. Examples include: the federal miscellaneous income statement (1099), employers’ quarterly federal tax return (941, 941E), tax deposit coupon (8109), and similar federal and state completed forms. Semipermanent IC §50- 907(2)(a) 5 years Garnishment Record Records documenting requests and court orders to withhold wages from employee earnings for garnishments, tax levies, support payments, and other reasons. Usually includes original writs of garnishment, orders to withhold, federal or state tax levies, recapitulations of amounts withheld, and related records. Information usually includes: employee name and social security number, name of agency ordering garnishment, amount, name of party to whom payment is submitted, dates, and related data. Semipermanent IC §50- 907(2)(a) 5 years after termination. 31 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Registers – Other Monthly registers documenting earnings, deductions, and withholdings of city employees. Transitory Disposed yearly after audit Registers Year End Payroll Registers: Registers or records serving the same function of documenting the earnings, voluntary and required deductions, and withholdings of city employees. Information usually includes employee name and social security number, hours worked, rate, overtime, vacation value, various allowance, gross pay, federal and state withholding, voluntary deductions, net pay, and related data. Semipermanent IC §50- 907(2)(a) 5 years Time Records Records documenting hours worked, leave hours accrued, and leave hours taken by city employees. Information usually includes: employee name and employee number, hours worked, type and number of leave hours taken, total hours, dates and related data. Semipermanent IC §50- 907(2)(a) 5 years after employee separation W2s Annual statements documenting individual employee earnings and withholdings for state and federal income taxes and social security tax, also known as federal tax form W-2. Information includes: city name and tax identification number, employee name and social security number, wages paid, amounts withheld, and related data. Semipermanent IC §50- 907(2)(a) 5 years W4s Certificates documenting the exemption status of individual city employees, also known as W-4 forms. Information includes: employee name and address, social security number, designation of exemption status, and signature. Semipermanent IC §50- 907(2)(a) 5 years after employee separates PERSI Records Records relating to PERSI, including Employer Remittance Forms, invoices, correspondence, financial adjustments, etc. Semipermanent IC §50- 907(2)(a) 5 years Unemployment Reports Records documenting employee earnings on a quarterly basis. Used to document costs and charges in the event of an unemployment compensation claim. Information includes: employee Semipermanent IC § 50- 907(2)(a) 5 years 32 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD name and social security number, quarterly earnings. Purchasing Contracts Agreements with vendors and other parties either in hard copies or contained on the Contract Management Database for the acquisition or sale of equipment, supplies, services or property, also includes insurance certificates, payment and performance bonds pertaining to a solicitation or contract that Purchasing is facilitating. Semipermanent IC §50- 907(2)(b) 5 years from date of substantial completion Original agreements and contracts that have been approved by Council Permanent, Held in Clerks Office In perpetuity Lease Agreements Lease agreements for property or equipment. Semipermanent IC §50- 907(2)(b) 5 years Purchase Orders Requests and purchase orders for goods or services purchased by the city. Information includes: department, delivery location, date, quantity, description, unit and total price, and authorizing signatures. Semipermanent IC §50- 907(2)(a) 5 years Purchasing Selection Records documenting competitive bidding and purchase of goods, services, and public works construction, and procurement of design professionals. Records include: published notices and solicitations, specifications, bids, requests for qualifications, statements of qualifications, etc. Semipermanent IC §50- 907(2)(a) 5 years from the date of award Utility Billing Adjustment Registers Records documenting adjustments to customer water, sewer, garbage or other city-provided service billings for debits, credits, refunds, returned checks, and related reasons. Information usually includes: customer’s name and address, type of adjustment, justification, amount changed, authorizing signatures and other information. (Records held within the billing software). Semipermanent IC §50- 907(2)(a) 5 years 33 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Billing Directive Application completed by owner or property manager to initiate Third Party billing for specified utility account. Information included: owner, property manager, tenant, move-in date, and service address. Semipermanent IC §50- 907(2)(a) 5 years Billing/Payment Registers Records documenting transactions on the water, sewer, garbage or other city- provided service account of each customer. Useful for reference to assure accurate customer billings and posting of payments. Information often includes: customer’s name, service address, meter reading, water usage, utility charges, payments, adjustments and related data. (records held within the billing software). Semipermanent IC §50- 907(2)(a) 5 years Change Record Records documenting routine information changes to customer accounts, including name and address. (Records held within the billing software). Semipermanent IC §50- 907(2)(a) 5 years Customer File General correspondence and forms related to a specific utility account. This information would be in addition to that found within the billing software. Documents in file may include and are not limited to: general letters, payment arrangement forms, third party billing docs, hard copies of customer history reports, leak adjustment requests, letters submitted to the City for customers. Semipermanent IC §50- 907(2)(a) 5 years Disconnect Notice to City Council Notice to City Council to verify that no customer currently slated for shut off due to non-payment has requested a hearing with the Board of Adjustment. Notice includes number of customers slated for shut off and the value of the delinquent accounts. Semipermanent IC §50- 907(2)(a) 5 years Disconnect Record Records documenting a customer’s request for disconnection of water, sewer, garbage or other city-provided Semipermanent IC §50- 5 years 34 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD services. (records held within the billing software). 907(2)(a) Meter Readings Document the readings of customer water meters for billing purposes. Information typically includes: meter reading, date read, account number, billing code, final reading, reason for turnoff, meter changes, and related data. (records held within the billing software) Semipermanent IC §50- 907(2)(a) 5 years Payment Arrangements One page document that records a customer’s promise to pay. Transitory Until administrative need ends. Renter Addendums Supplemental document completed by the tenant to accept the third party billing for specified utility account. Information included: tenants name, service address, mailing address and phone number. Semipermanent IC §50- 907(2)(a) 5 years Security Deposit Records Records documenting customer payment of a security deposit to receive temporary dumpster services. Information usually includes date, amount of deposit, customer’s name, address, and account number, date account closed, refund date, amount of deposit applied, and related information. Semipermanent IC §50- 907(2)(a) 5 years Shut Off Turn On Electronic spreadsheet used during shut off day by water department field staff and MUBS. Tracks customers that are to be shut off, payments, and turn-ons as authorized. Record includes: Customer name, service address, meter id, time of shut off, time of payment, time of turn- on, fee waived if applicable and general notes. Semipermanent IC §50- 907(2)(a) 5 years 35 | P a g e FIRE DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative Records Records regarding day-to-day administration of department, e.g., copies of invoices, travel records, uniform clothing purchases, fuel charges, fuel receipts, fuel reports, inventory asset information forms, phone logs and waste water inventory. Transitory Until administrative need ends or record is superseded Car Seat Inspections Car seat inspection forms. Semipermanent 10 years Correspondence Day-to-day office and housekeeping correspondence not unique to city functions or programs. Transitory Until administrative need ends General administrative correspondence, including records created or received in the course of administering city policies/programs, but not related to significant policy/program discussions or decisions. Includes customer survey cards. Semipermanent 5 years Policy/program correspondence, documenting the formulation, adoption, and implementation of significant policy/program decisions, including letters to personnel, Certified Family Home Fire District letters, letters regarding training burns, etc. Permanent In perpetuity Department Reports Monthly, Quarterly and Annual Department reports. Permanent In perpetuity Equipment and Vehicle Test, Maintenance & Repair Records Records documenting maintenance and repairs of equipment, vehicles and other assets with a useful life generally more than five years. Includes the following: fire hose records (such as test date, date previously tested, apparatus number, station number, hose diameter, conditions found, service date, defects corrected, etc.), annual ladder inspections and test results, tests done on SCBA’s (including flow testing), etc. Vehicle maintenance records, inspections, pump testing and repair records of apparatus. Emergency medical equipment maintenance records used to verify regular maintenance of emergency medical equipment such as copies of contracts, maintenance schedules, test protocols, equipment inventory, performance test records, repair records, parts used and service reports. Per NFPA Standards 1901,1961,1852 and 1500. Permanent In perpetuity 36 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Fire & Security Alarm System Records Records documenting the department’s role in issuing permits, testing and maintaining fire and security alarms, including fire alarm and sprinkler system plans. May include permits, applications, malfunction reports, maintenance reports, and related documents. Permanent In perpetuity Fire Investigation Records Fire and arson investigation case files, including investigative reports, witness statements, photographs, maps, correspondence, notes, video and audio recordings, copies of property releases, laboratory reports, and incident/injury reports. Permanent In perpetuity Hazardous Materials Records Inspection records of underground and above ground fuel storage tanks. Reports and investigation results of incidents including spills and leaks, etc. Permanent In perpetuity Historical Records Newspaper clippings and articles relating to the Meridian Fire Department, photos of events. Permanent In perpetuity In-Home Care Facility Inspections Documents relating to fire code inspections performed by the department of home daycares and foster care homes. May include reports, notices, citations, occupancy and pre- fire planning records, floor plans, sketches, reports, lists and related documents. Permanent In perpetuity Inspection and Occupancy Records for Commercial Buildings Documents relating to fire code inspections performed by the department of commercial buildings. May include reports, notices, citations, occupancy and pre-fire planning records, floor plans, sketches, reports, lists, Tier II reports and related documents. Permanent In perpetuity Juvenile Fire Setter Evaluations Case files related to juvenile fire setter investigation, including investigative reports, witness statements, photographs, maps, correspondence, notes, video and audio recordings, copies of property releases, laboratory reports, incident/injury reports. Permanent In perpetuity Maps Maps and related records maintained by the department for address location, reference and for tracking various trends. May include lists, books and other methods of address location. Transitory Until superseded Meeting Minutes Final, approved Officer and Command Staff meeting minutes. Semipermanent 5 years Narcotics Inventory & Usage Narcotic inventory and usage- hard copy, narcotics distributed to the engine companies. Temporary 3 years 37 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD National Fire Incident Reports National Fire Incident Reporting System (NFIRS) Fire Incident Report, relating to fire run, medical emergency, casualty, hazardous materials call, false alarm, good intent, or service call. May include property release forms, civilian and fire service casualty reports, hazardous materials reports, etc. Permanent In perpetuity Patient Care Records Records related to patient care, refusal of care, denial of need for care, supplemental emergency medical services reports, diagnostic attachments to include ECG, care summary reports and vital sign reports. Permanent In perpetuity Plans, Protocols, Guidelines, Policies Records related to department operations, including Medical Supervision Plan, standing written orders, operational guidelines, administrative and operational policies. Transitory Until superseded Proof of Insurance Proof of worker’s compensation and other insurance required for training tower usage by other agencies. Transitory Until superseded Public Education Programs & Publications Records related to the design and implementation of educational and other outreach programs provided to the public by the department. May include: class descriptions, instructional materials, course outlines, class enrollment and attendance records, reports, speeches, and publications. Semipermanent 5 years Public Record Requests Public records requests and responses. Temporary 2 years after last action Ride-Along Forms Signed waivers for persons requesting a ride- along with the department. Ride Along tracking records. Temporary 2 years Rural Fire Protection District Records All records of activities of the department or other City departments as they relate to the Meridian Rural Fire Protection District. May include: annual audits, land and apparatus acquisition records, records relating to construction of fire stations, bank statements, tax levy forms, Local Government Investment Pool statements, financial statements, annual budget records, legal notices, meeting minutes, election records, declarations of candidacy, election results, ICRMP insurance records, audio recordings of meetings. Permanent In perpetuity Structure Burn Training Records Records related to structure burns. Semipermanent 10 years 38 | P a g e HUMAN RESOURCES DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative Records Copies of administrative records including A/P invoices, expense reports, professional membership documents, etc. Transitory Until administrative need ends or record is superseded Affirmative Action; Equal Employment Opportunity Commission Reports Records documenting city compliance with the Civil Rights Act of 1964, the Equal Employment Opportunity Act of 1972 and the Americans with Disabilities Act. Records include: plans, policy statements, reports, investigations, case files and related information. Also includes EEO-4 reports submitted to the Equal Employment Opportunity Commission (EEOC) documenting compliance with EEOC requirements by cities with 15 or more employees. Semipermanent IC § 50-907(2)(g); 29 CFR 1602,1602.14, 1620.32 5 years from date of request or personnel action whichever is later Benefits Continuation Records documenting notice to employees, spouses and dependents informing them of their rights to continue insurance coverage after termination or disability or family leave and whether coverage was elected or rejected. Continuation may be under COBRA or another provision. Notice is also sent to a third party administrator who administers the extended coverage. Records may be filed with the Employee Benefits Records or Employee Personnel Records. Semipermanent IC § 50-907(2)(g); 29 CFR 1627.3 75 years after employee separation, expiration of eligibility, or completion of litigation, whichever is longest Budget Prep Records Working documents utilized to build base budgets and establish yearly budgets; worksheets, enhancements, amendments, etc. Semipermanent 10 years Collective Bargaining Records documenting negotiations between the city and employee representatives, including contracts, reports, negotiation notes, letters of agreement, arbitration findings, cost analyses, minutes, tape recordings, etc. Temporary IC § 50-907(3)(d); 29 CFR 516.5 3 years Committee Records Agendas and meeting minutes/notes for special groups convened by HR for specific purposes such as Benefits, Compensation, and Wellness. Semipermanent 7 years Correspondence, Administrative Correspondence created or received in the course of administering City policies and programs. Semipermanent 5 years Correspondence, Correspondence regarding day-to-day office Transitory Until administrative 39 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Transitory operations and does not contain unique information about City functions or programs. need ends Databases Database records created and maintained for the purposes of generating reports, data files, and a variety of different outputs. Transitory Until administrative need ends or record is superseded Department Guidelines, Policies, Procedures, Processes, and Reports HR guidelines, including but not limited to, Salary Administration Guidelines. Semipermanent 10 years from date guideline in its entirety, or any part thereof, is officially replaced, updated City Standard Operating Policy/Procedure Manual. Semipermanent 20 years from date SOP Manual in its entirety, or any part thereof, is officially replaced, updated Records documenting and relating to HR processes, including but not limited to, recruiting/interviewing processes. Semipermanent 5 years from date HR process in its entirety or any part thereof, is officially replaced, updated Policies, reports, and documents regarding the internal department operations and procedures (e.g. Turnover, Recruiting reports, etc.). Semipermanent 10 years HR reports regarding department performance or other management presentations. Includes reports documenting trends, department or City performance in key areas as determined. Semipermanent 10 years Records that document the formulation, adoption and implementation of internal actions/decisions. Transitory Until administrative need ends or record is superseded Employee Benefits Records relating to city employee benefits information such as: selection of insurance plans, retirement, pension, and disability plans, deferred compensation plans, and other benefit information. Records may include but are not limited to: plan selection and application forms, enrollment records, contribution and deduction summaries, personal data records, authorizations, beneficiary information, notices of disability payment made, and related documentation. Semipermanent IC §§ 50-907(2)(g) and 45-610; 29 CFR 1627.3; 29 CFR 1602.31; IDAPA 09.01.35.081 75 years after employee separation, expiration of eligibility, or completion of litigation, whichever is longest Employee Medical Records Document an individual employee’s work- related medical history. These records are not personnel records and must be kept in a Semipermanent IC §§ 50-907(2)(g) and 72-601; 29 75 years after employee separation, 40 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD separate location from employee personnel records as required by the Americans with Disabilities Act. Records may include, but are not limited to: medical exam records (pre-employment, pre-assignment, periodic or episodic), X-rays, records of significant health or disability limitations related to job assignments, documentation or work-related injuries or illnesses, hearing test records, hazard exposure records, first- aid incident records, physician statements, release consent forms and related correspondence. CFR 1602.31; 29 CFR 1910.1020 expiration of eligibility, or completion of litigation, whichever is longest Employee Personnel Records Document of employee’s work history. Records may include, but are not limited to: employment applications, notices of appointment, training and certification records, records of health limitations, drug testing, salary schedules, personal actions, performance evaluations, awards and other special recognition, letters of recommendation, investigation information, disciplinary action, notices of layoff, letters of resignation, home address and telephone, emergency notification forms, oaths of office, grievance and complaint records, and relate correspondence and documentation. (See also Employee Benefits Records, Employee Medical Records, Recruitment and Selection Records, and Volunteer Records). Semipermanent IC §§ 50-907(2)(g) and 45-610; 29 CFR 1627.3; 29 CFR 1602.31; IDAPA 09.01.35.081 75 years after employee separation, expiration of eligibility, or completion of litigation, whichever is longest Employment Verification (I-9) of Job Applicants Document to the U.S. Immigration and Naturalization Service that an applicant or employee is eligible to work in the U.S. Information includes: employee information and verification data such as citizenship or alien status and signature, employer review and verification data such as documents, which establish identity and eligibility, and employer’s signature certifying that documents were checked. This category includes forms completed for all new hires, as superseded or previous forms completed on rehires. Temporary IC § 50-907(3)(d), 8 U.S.C. § 1324a(b)(3) (Immigration Reform and Control Act) 3 years after date of hire or 1 year after employment is terminated, whichever is later Forms Forms created for use by HR personnel to facilitate work, including Performance Review, job description template, PAR template, etc. Transitory Until administrative need ends or record is superseded Hazard Exposure Emergency response employees exhibiting Semipermanent 75 years after 41 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Records signs or symptoms possibly resulting from exposure to hazardous substances are required to be provided medical examination and consultation. Records include: employee’s name and social security number; physician’s written opinion, recommended limitations; results of examinations and tests; employee medical complaints related to hazardous substance exposure; description of employee’s duties as they relate to exposure; the employee’s exposure levels or anticipated exposure levels; description of protective equipment used; and information from previous medical examinations of the employee which is not readily available to physician and other information. IC § 50-907(2)(g); 29 CFR 1910.1020 employee separation, expiration of eligibility, or completion of litigation, whichever is longest Insurance Policies/Plans: Employee Group Health and Life Benefits Records documenting plan descriptions and summaries of city insurance policies and plans covering employee group health and life benefits, including annual certification records. Semipermanent 10 years Kinds and Levels Chart Records documenting the description, classification and compensation of city jobs and positions. Usually includes details of duties and responsibilities of each position time percentage breakdowns of tasks, skills and abilities needed for each position, and related records documenting the development, modification or redefinition of each job or position. Temporary IC § 50-907(3)(d); 29 CFR Part 1602 and 29 CFR 1627.3 3 years Leave Applications Applications or requests submitted by city employees for compensatory, family and medical leave, long term leave, and other leave time. Information usually includes: employee name, department, date, leave dates requested, type of leave requested, and related data. These are not kept by Finance. Temporary IC §50-907(3)(d) 3 years Meeting Minutes Internal staff meeting records. Transitory Until administrative need ends or record is superseded Newsletters HR2You Newsletters. Transitory Until administrative need ends or record is superseded Organization Charts HR Department Organization Charts. Transitory Until administrative need ends or record is superseded Personnel Action Completed employee forms submitted to Semipermanent 75 years after 42 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD (PAR) Forms HR upon initial hire, pay increase or decrease, change of address, or change of supervisor. IC § 50-907(2)(g); 29 CFR Part 1602 and 29 CFR 1627.3 employee separation, expiration of eligibility, or completion of litigation, whichever is longest Photographs Photographs relating to HR sponsored/conducted City events (e.g. service awards, employee picnic, Wellness events, etc.). Transitory Until administrative need ends or record is superseded Photo Identification Photographs and other records used to identify city employees, private security personnel, contract workers and other. May include photographs taken by City for identification or prox card or driver’s license photocopy. Transitory Until superseded, obsolete or administrative needs end Position Descriptions Records documenting the description, classification and compensation of city jobs and positions. Usually includes details of duties and responsibilities of each position time percentage breakdowns of tasks, skills and abilities needed for each position, and related records documenting the development, modification or redefinition of each job or position. Temporary IC § 50-907(3)(d); 29 CFR Part 1602 and 29 CFR 1627.3 3 years Presentations Formal departmental presentations to Council, other formal bodies. Semipermanent 5 years Public Records Requests Public records requests and responses. Transitory 1 year after last action Recruitment and Selection Records for Applicants who are Hired Documents regarding the recruitment and selection of city employees and contracted service providers such as attorneys, auditors, consultants, etc. Records may include, but are not limited to: job announcements and descriptions, applicant lists, applications and resumes, position advertisement records, civil service and other examination records, interview questions, interview and application scoring notes, applicant background investigation information, polygraph test results, letters of reference, civil service records, staffing requisition forms, certification of 42ligible, recruitment file (job announcement, position description, documentation relating to the announcement and test, and test items and rating levels), and related Temporary IC § 50-907(3)(d); 29 CFR 1602.31; 29 CFR 1627.3(b)(1)(vi) 2 years 43 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD correspondence and documentation. Recruitment and Selection Records for Applicants who are Not Hired Documents regarding the recruitment and selection of city employees and contracted service providers such as attorneys, auditors, consultants, etc. Records may include, but are not limited to: job announcements and descriptions, applicant lists, applications and resumes, position advertisement records, civil service and other examination records, interview questions, interview and application scoring notes, applicant background investigation information, polygraph test results, letters of reference, civil service records, staffing requisition forms, certification of 43ligible, recruitment file (job announcement, position description, documentation relating to the announcement and test, and test items and rating levels), and related correspondence and documentation. Temporary IC § 50-907(3)(d); 29 CFR 1602.31; 29 CFR 1627.3(b)(1)(vi) 2 years Resource Records/Notes Records including notebooks, meeting notes, to-do-lists, employee-compiled notes, etc. Transitory Until administrative need ends or record is superseded Special Projects Documents related to special, one-time projects to include, but not limited to, Employee Satisfaction Survey, Policy Review/Revision, Salary Structure Review. Semipermanent 10 years Surveys HR and other initiated internal surveys, survey results (e.g. Salary Surveys, Employee Satisfactions Surveys, Best Place to Work. Etc.). Semipermanent 10 years Telephone Records Message logs, voicemails, etc. Transitory Until administrative need ends Training Programs/HR Records related to the design and implementation of training programs provided to employees by the City. Documents may include course descriptions, instructor certifications, instructional materials, course outlines, class enrollment and attendance records, tests, test results, and related records. Semipermanent IC § 50-907(2)(g) 5 years from final presentation and/or use Training/Travel Records Records documenting attendance and presentation by HR employees at conventions, conferences, seminars, workshops, and similar training events. Includes training/travel requests, training materials, reports and related correspondence. Semipermanent 5 years 44 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Payroll Unemployment Claims Records documenting claims submitted by former city employees for unemployment compensation. Usually includes: claims, notices, reports, and related records. May also include records generated by the appeal of claim determinations. These are received by HR and kept in HR. Temporary IC §50-907(3)(d) 3 years 45 | P a g e INFORMATION TECHNOLOGY (I.T.) DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative Activity Logs/Reports Daily, weekly monthly or other reports documenting the activities of the City Clerk’s Office employees, including but not limited to: sign in/out sheet for keys, archival Records and phone Logs, land use, ordinances, permits, minutes, and resolution tracking spreadsheets, and Dashboard statistics Transitory Until administrative needs ends Administrative Records Copies of: A/P invoices, Expense Reports, MIP A/P unposted Reports, Detailed Statements of Revenues and Expenditures Transitory Until administrative need ends or record is superseded Budget Preparation Records Working documents utilized to build base budgets and establish yearly budgets, including but not limited to enhancements, amendments, carry forward support, FTE anticipation, vehicle replacement, quotes for service/maintenance Transitory 1 year or until Administrative need ends Correspondence Policy/program correspondence, documenting the formulation, adoption and implementation of significant policy/program decision. Including but not limited to Commission, Committee and City Clerk determination. Permanent In perpetuity Record s created or received in the course of administering city policies, procedures or programs, but these records do not provide insight into significant policy, procedure or program discussions or decisions. Semipermanent 5 years Correspondence created or received in the course of administering City policies, procedures or programs including but not limited to memos, notes, thank you notes, surveys, letters to businesses and citizens and day -to day office and housekeeping correspondence that does not contai n unique information about City functions or programs, for example scrolling agenda and announcements. Transitory Until administrative Need ends Customer Complaints/Kudos Complaint or Compliment records including but not limited to letters, phone calls, comment cards and in person feedback from citizens, customers, developers and contractors Transitory Until administrative need ends Forms/Templates Forms/Templates created for use by the City Transitory Until administrative 46 | P a g e Clerk’s Office including but not limited to visual aids, applications, checklists, land use transmittals and web documents need ends or record is superseded HR Documents Departmental employee personnel records, including b ut not limited to training records, coaching notes, Performance Evaluation, contact information. Record is confidential and will be kept in a locked files with manager until employment has ended; File sent to HR for retention after termination (voluntary or involuntary) Transitory Until employment is terminated; then forward to HR Meeting Records and Notes Special Projects/Initiatives Internal meeting records and/or staff level notes generated in the course of day to day business, including but not limit ed to; agendas, notes and presentations Transitory Until administrative need ends or superseded Reference/Owner’s Manuals/ Handbooks Documents to include but not limited to: Owner’s Manuals and code updates Transitory Until superseded or administrative need ends Department Guidelines, Policies, Procedures, Processes and Reports Departmental Policy or program records documenting the formulation, adoption and implementation of departmental policy or program decisions. Including but not limited to Standard Operating Procedures and Guidelines, reference materials or materials obtained from another government entity or agency used in the development of said procedure Transitory 1 year after document is replaced and/or administrative need ends Presentations Formal department presentations to Council, Chamber of Commerce or other agencies/entities or people, e.g. New Council member training, Joint Council/Commission workshop training Transitory Until administrative need ends Operational Records Backup Tapes A copy on a tape cartridge of the contents of all data from the City servers. Transitory 1 year Case Management Notes All cases opened in Case Management. Semipermanent IC §50-907(2)(g) (other) 10 years Department Policies and Reports Policies, reports, and documents regarding internal department operations and procedures, e.g. computer usage policy, password policy, service level goals, training materials, evaluations of materials. Semipermanent IC §50-907(2)€ (dept. report) 5 years Disaster Recovery Plan Strategy for retention and recovery of network and electronic documents following network or server crash or failure Transitory Until superseded or updated Information Steering Committee Minutes kept of monthly MIS Committee meetings. Temporary IC §50-907(3)(d) (other) 2 years 47 | P a g e Minutes Internally- Generated Source Code Text-based programming statements or instructions that create or execute a computer program. Transitory Until superseded or updated Internet History List of websites accessed on City computers and electronic devices. Transitory 90 days Inventory Management List of electronic devices held by City and software licensing information and specifications for each electronic device used by City. Transitory Until superseded or updated Outlook Appointments Meeting requests sent and received by employees via Outlook; appointments scheduled via Outlook by employees; meeting & appoint-ment reminders sent and received via Outlook. Transitory Until deleted by user Outlook E-mail Messages – General City Staff All e-mail messages, sent or received by City staff using Outlook software, that are stored in Outlook or the City’s e-mail archiving system. (E-mail messages may be preserved elsewhere in digital or paper format for longer periods of time as the subject matter of such messages may require). Semipermanent IC §50-907(2)(g) (other) 5 years Outlook E-mail Messages – Specific City Staff All e-mail messages, sent or received by part-time staff, seasonal staff, temporary staff, interns, or firefighters using Outlook software, that are stored in Outlook or the City’s e-mail archiving system (E-mail messages may be preserved elsewhere in digital or paper format for longer periods of time as the subject matter of such messages may require). Transitory Until deleted by user Outlook Tasks and Notes Tasks, task requests and reminders sent and received by employees via Outlook. Transitory Until deleted by user Prox Card Access History Register of which prox cards have accessed a restricted area. Transitory 90 days Security Camera Footage Video footage from security cameras mounted on and in city facilities. Transitory Until overwritten by system ShoreTel Phone History List of incoming and outgoing calls, including phone numbers and caller identification, as available. Transitory 90 days Voice Mail Messages Incoming verbal messages recorded on ShoreTel or other voice mail systems. Transitory Until deleted by user 48 | P a g e MAYOR ’S OFFICE RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative Records Activity Logs/Reports Daily, weekly monthly or other reports documenting the activities of the Mayor’s Office employees, including but not limited to: sign in/out sheet for credit cards and checklists Transitory Until administrative needs ends Administrative Records Copies of: A/P invoices, Expense Reports, MIP A/P unposted Reports, Detailed Statements of Revenues and Expenditures Transitory Until administrative need ends or record is superseded Budget Preparation Records Working documents utilized to build base budgets and establish yearly budgets, including but not limited to enhancements, amendments, carry forward support, FTE anticipation, vehicle replacement, quotes for service/maintenance Transitory 1 year or until administrative need ends Correspondence Policy/program correspondence created or received, documenting the formulation, adoption and implementation of significant policy/program decision. May include correspondence relating to Commission and Committee appointments and correspondence with other government agencies. Permanent In perpetuity Correspondence created or received in the course of administering city policies/programs, but these records do not provide insight into significant policy/program discussions or decisions. May include citizen response letters, letters to homeowner associations and businesses. Semipermanent 5 years Correspondence created or received which is not unique to City functions or programs. May include; thank you notes, invitations, and general mail. Transitory Until administrative Need ends Customer Complaints/Kudos Complaint or Compliment records including but not limited to letters, phone calls, comment cards and in person feedback from citizens, customers, developers and contractors Transitory Until administrative need ends Forms/Templates Forms/Templates created for use by the Mayor’s Office including but not Transitory Until administrative need ends or record is 49 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD limited to visual aids, applications, checklists, and web documents superseded HR Documents Departmental employee personnel records, including but not limited to training records, coaching notes, Performance Evaluation, contact information. Record is confidential and will be kept in a locked files with manager until employment has ended; File sent to HR for retention after termination (voluntary or involuntary) Transitory Until employment is terminated; then forward to HR Meeting Records and Notes Special Projects/Initiatives Internal meeting records and/or staff level notes generated in the course of day to day business, including but not limited to; agendas, notes and presentations Transitory Until administrative need ends or superseded Reference/Owner’s Manuals/ Handbooks Documents to include but not limited to: Owner’s Manuals and code updates Transitory Until superseded or administrative need ends Department Guidelines, Policies, Procedures, Processes and Reports Departmental Policy or program records documenting the formulation, adoption and implementation of departmental policy or program decisions. Including but not limited to Standard Operating Procedures and Guidelines, reference materials or materials obtained from another government entity or agency used in the development of said procedure Transitory 1 year after document is replaced and/or administrative need ends Presentations Formal department presentations to Council, Community Groups or other agencies/entities or people, e.g. Strategic Update, New Council member training, and City of Meridian updates. Transitory Until administrative need ends Telephone Records Message logs, voicemails, Shortel call volume reports etc. Transitory Until administrative need ends Operational Records Agendas & Minutes Agendas and minutes of Director Meetings, Operational Meetings, Mayor’s Youth Advisory Council Meetings. Semipermanent 10 years Annual Reports Report on City’s and Mayor’s Office activities over preceding year summarizing activities and financial Permanent In perpetuity 50 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD performance. Applications Forms and materials submitted with application for positions or awards administered by Mayor’s Office, including applications for scholarships, Promise partners, Mayor’s Youth Advisory Council, volunteer positions, City commissions, and City committees or task forces. Semipermanent 10 years Attendance Sheets Sign-in sheets, where offered, for activities and events hosted by the Mayor’s Office. Transitory Until administrative needs ends City Website Content HTML text stored in data base table in CMS. Note: Source document may exist elsewhere, and be retained pursuant to separate record retention schedule. Transitory Until updated or superseded Memoranda Internal or external memoranda summarizing research, recommendations, and other information. Permanent In perpetuity News Releases A written or recorded record directed at members of the news media for the purpose of making a newsworthy announcement. Permanent In perpetuity Photos Published or historically significant photographs taken, owned, or stored by the Mayor’s Office. Permanent In perpetuity Photographs that are not used or needed for a particular purpose. Transitory Until administrative need ends Proclamations City-initiated proclamations. Permanent In perpetuity Outside group-initiated proclamations. Semipermanent 5 years Publications Informational or promotional publications of the Mayor’s office, including newsletters, flyers, marketing Semipermanent 10 years 51 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD materials, brochures, program materials. Public Addresses Records relating to State of the City address. May include script, video, PowerPoint, program, agenda, photos. Permanent In perpetuity Records relating to State of the City addresses or speeches. May include script, video, PowerPoint, program, agenda, photos. Transitory Until administrative need ends Talking Points Records prepared to summarize issues in preparation for discussion with the public or media. Transitory Until administrative need ends Videos Videos prepared monthly for informational or promotional purposes, e.g ., Celebrate Meridian. Permanent In perpetuity Videos prepared weekly for informational or promotional purposes, e.g. , City Council meetings, This Week in Meridian. Temporary 2 years Raw video footage, used or unused. Transitory Until administrative need ends 52 | P a g e PARKS & RECREATION DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Activity Logs/Reports Daily, weekly, monthly, or other reports documenting the activities of the Parks and Recreation Department employees, including but not limited to: sign in/out sheet for credit card and diesel fuel transfer tank log sheets. Transitory Until administrative need ends Lost & Found log sheets documenting items that have been lost and found by citizens in the parks and other MPR facilities. Transitory Until administrative need ends Administrative Records Copies of A/P invoices, Expense Reports, Detailed Statements of Revenues and Expenditures, Capital Improvements Plan, Parks & Recreation Facilities Depreciation Schedule, MPR Communications Plan, and other related documents. Transitory Until administrative need ends or is superseded Agendas & Minutes Agendas and minutes of weekly and monthly MPR staff meetings. Semipermanent 10 years Budget Preparation Records Working documents utilized to build base budgets and establish yearly budgets, including but not limited to enhancements, amendments, carry forward support, FTE anticipation, vehicle replacement, and quotes for service/maintenance. Semipermanent 10 years (follows Finance) City Hall Volunteer Program Records Records documenting the activities and administration of volunteer programs in city hall and records documenting work performed for the City by citizens without compensation for their services. May include volunteer applications forms, volunteer and emergency contact information, agreements, applications, skills test results, training documentation, task Temporary 2 years from last date of volunteer work 53 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD assignments, monitoring records, volunteer hour statistics, volunteer program publicity records, insurance information, inactive volunteer files, and related records. Correspondence Policy/program correspondence documenting the formulation, adoption, and implementation of significant policy/program decision. Including but not limited to Commission and Committee. Permanent In perpetuity Records created or received in the course of administering city policies, procedures or programs, but these records do not provide insight into significant policy, procedure or program discussions or decisions. Including but not limited to citizen response letters. Semipermanent 5 years Correspondence created or received in the course of administering City policies, procedures or programs including but not limited to memos, transmittals, notes, comments, thank you notes, letters to businesses and day-to day office and housekeeping correspondence that does not contain unique information about City functions or programs. Transitory Until administrative need ends Committee Records Agendas, meeting minutes/notes, and audio recordings of special groups convened by Parks & Recreation for specific purposes, such as understanding operational gaps and process delays (e.g., Golf Course Focus Group, Christmas in Meridian, MPR Communications Plan, and Regional Geese Management). Transitory Until administrative need ends 54 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Customer Kudos/Complaints Compliment or complaint records including but not limited to letters, phone calls, emails, comment cards and in person feedback from citizens, customers, and sponsors. Transitory Until administrative need ends Department Guidelines, Standard Operating Procedures, Policies, Processes, and Director’s Orders Administrative SOPs, policies, processes, director’s orders, etc. pertaining to facilities and recreation classes, camps, special events, and sports (e.g., Lost & Found, CableONE Movie Night, Metal Detecting, Contracted Instructors, Registrations & Refunds, Sports League Bylaws, Partnerships Between Private or Public Entities, Hot Air Balloons). Transitory Until administrative need ends Facility Permits Completed Park Alcohol and Amplified Sound Permits related to individual’s or organization’s park picnic shelter reservation. Temporary 2 years Facility Reservation Application and Materials Completed forms and related materials collected from individuals or businesses registering for a recreation class, team, or event and other required documentation, such as proof of insurance. Temporary 2 years Financial Aid Applications Completed application forms and materials submitted to request financial assistance for children’s class or program (e.g., Care Enough to Share). Temporary 2 years Forms/Templates Forms/templates created for use by the Parks and Recreation Department, including but not limited to internal purchase orders form, diesel fuel transfer tank log sheet, child pick up form, medical waiver, Care Enough to Share application, Generations Plaza memorial brick application, alcohol permit application, amplified sound permit application, sports roster, Transitory Until administrative need ends or is superseded 55 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD sports and special events registration forms, sponsor application, volunteer application. Grounds Maintenance Records Pesticide spray records, daily splash pad test readings, playground inspections, restroom cleaning safety data sheets, and other documents related to parks and recreation facilities. Transitory Until administrative need ends Historical Records 2028 time capsule content information. Permanent In perpetuity Annual newsletters prepared by Parks & Recreation Department highlighting construction projects, park dedications, and other efforts and initiatives. Permanent In perpetuity Copies of MPR Department Annual Reports provided to the Mayor’s Office in conjunction with the State of the City Address. Permanent In perpetuity External awards, plaques, and certificates bestowed upon the MPR Department. Permanent In perpetuity MPR Department Dashboards which document statistical data by year, including but not limited to the number of sports teams/participants/leagues, sports gym usage, Activity Guide enrollments, park shelter and field reservations, park acreage, urban forestry, pathway maintenance, volunteers, revenues, playground safety, turf maintenance, full-time staff, special events and temporary use permits, employee safety, vandalism, and other related information. Permanent In perpetuity National Recreation & Park Association (NRPA) PRORAGIS annual statistical field reports. Permanent In perpetuity 56 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Parks & Recreation Master Plan and Appendices which document current parks and recreation facilities and services, level of service, etc. and also provide the framework to respond to the evolving needs of the community. Permanent In perpetuity Park dedication plaque mock-ups detailing the dedication date, Mayor, City Council, MPR Commission, MPR staff, and other volunteers and contributors. Permanent In perpetuity Photographs, newspaper and news channel articles and clippings, press releases, and videos relating to Parks and Recreation Department including but not limited to sponsored/conducted City events; park, pathway, and facility dedications, celebrations, and ribbon cuttings; park and pathway amenities, landscape and scenery; recreation classes, camps, and sports; and staff. Permanent In perpetuity Proclamations not otherwise retained by the Clerk’s Office. Transitory Until administrative need ends or is superseded HR Documents Copies of departmental employee personnel records kept in locked files with manager until employment has ended; file sent to HR for retention after termination (voluntary or involuntary). Transitory Until employment is terminated; then forward to HR Incident or Accident Reports Citizen reports of incidents, injuries, or accidents incurred during or related to a department- sponsored or department- provided class, camp, program, reservation, or activity. Temporary 2 years Indemnity Forms, Medical Release Forms, Waivers Signed waiver/indemnity agreement related to individual’s or organization’s participation in department-sponsored or Temporary 2 years 57 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD department-provided class, camp, program, reservation, activity, transportation, or travel. Internal Department Time Logs and Reports Completed logs of employees’ time, tasks, and location; reports and analysis of related data. Semipermanent 5 years Marketing Materials Informational or promotional publications of the Parks & Recreation Department, including flyers, brochures, program materials, Facilities Tour/Park Ambassador/other program booklets, PowerPoint and Prezi presentations, z-cards, and videos. Semipermanent 10 years Memorial Forms Completed citizen forms requesting memorial in MPR facility under established memorial program (e.g. Generations Plaza Brick Sales form, Memorial Tree Program form). Transitory Until administrative need ends Meeting Records and Notes Internal meeting records and notes generated in the course of day to day business, including but not limited to agendas, notes, and presentations. Transitory Until administrative need ends or is superseded MPR Commission Records Copies of Commission and Committee agendas and summary minutes. Transitory Until administrative need ends or is superseded Copies of bylaws. Transitory Until administrative need ends or is superseded Copies of contact information listing Commission members’ names, addresses, phone numbers, email addresses, etc. Transitory Until administrative need ends or is superseded Copies of correspondence regarding day-to-day operations or administration. Transitory Until administrative need ends or is superseded. Copies of project records documenting historical or cultural significance to the City and/or Meridian community Transitory Until administrative need ends or is superseded Copies of project files and reports used by MPR staff, Commission, Committee in the course of researching, Transitory Until administrative need ends or is superseded 58 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD developing, completing, reporting on, or acting on initiatives of the Commission/Committee. Copies of roster listing current Commission members, including names, seat numbers, and appointment dates. Transitory Until administrative need ends or is superseded Presentations Formal department PowerPoint, Prezi, and other presentations to Council or others, e.g. New Council member training, Joint Council/Commission workshop training, and Meridian Development Corporation. Transitory Until administrative need ends or is superseded Project Files Copies: Park, pathway, and other project/initiative records, including but not limited to contracts and agreements to which the City is a party, deeds and real property, site plans and maps, permits and inspection records, certificates of zoning compliance, conditional use permits, development agreements, preliminary and final plats, purchasing contracts, accounts payable invoices and other financial records, meeting agendas and minutes, and any other related correspondence. Transitory Until administrative need ends or is superseded Recreation Activity Sign In/Sign Out Sheets Log sheets completed by parents to signify that minor has been dropped off or picked up from a department-sponsored or department-provided class, camp, program, or activity. Temporary 2 years Log sheets completed by participant confirming they have attended a class or activity. Temporary 2 years Reference/Owner’s Manuals/Books Documents to include but not limited to equipment and electronics. Transitory Until administrative need ends or is superseded Resource Records/Notes Records including notebooks, meeting notes, to-do lists, employee-compiled notes, etc. Transitory Until administrative need ends Special Projects/Initiatives Documents related to special or non-confidential one-time project Transitory Until administrative need ends or is 59 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD to include, but not limited to: Strategic Plan Initiatives, Smoke- Free Parks, and Forestry Stimulus. superseded Sports Schedules and Scores Record of games played and final scores. Temporary 2 years Surveys Internal and external outreach surveys and results, presentations, neighborhood meeting minutes, correspondence, and summary reports to solicit citizen input on parks and recreation, customer service, and process improvement. Records of public input, including survey results, neighborhood meeting minutes, correspondence, etc. Semipermanent 10 years Team Rosters Record of all individuals registered for a sports team. Temporary 2 years Telephone Records Message logs, voicemails, etc. Transitory Until administrative need ends Training Records and Resources Records including but not limited to documenting attendance and presentation by City employees at conventions, conferences, seminars, workshops, and similar training events. Includes training requests, training, and Continuing Education Unit tracking reports and other related correspondence. Transitory Until administrative need ends Tree Inventory & Abatement Inventory of all public trees maintained by City Arborist and abatement records per City Code. Permanent In perpetuity Vandalism & Restitution Records Copies of records related to park, pathway, and facility vandalism incidents and restitution, including but not limited to property damage reports, etc. Transitory Until administrative need ends or is superseded Volunteer Records Applications, timesheets, and other biographical notes related to City volunteers, including Park Ambassadors, scouts, and others. Transitory Until administrative need ends 60 | P a g e POLICE DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Activity Reports Daily, weekly, monthly or other reports documenting the activities of employees, including: type of activity, employees involved, time spent on activity, work completed, equipment used, etc. Semipermanent 50-907(2)(g) 5 years Animal Control Records** Records regarding services provided under professional services agreement for animal control services. Semipermanent IC § 50- 907(2)(g) 5 years Briefing Records Records documenting internal communications between supervisors and shift workers or between staff on different shifts to alert them to problems, issues or activities. Records may include, but not limited to: briefing logs, ILETS/NCIC messages, and bulletins from other agencies. Transitory Until administrative need ends Bulletins from Other Agencies Records including bulletins, circulars, and related records received from federal, state and local law enforcement agencies. Usually contains descriptions and photographs of fugitives, missing persons, stolen property, etc. Transitory Until administrative need ends Community Service and Outreach Programs Records relating to police community service programs. Records may include: publications, mailing lists, plans, evaluations, notes, reports, lesson plans and outlines, etc. Transitory Until administrative need ends Crime Analysis Statistics Records documenting police efforts to anticipate, prevent, or monitor criminal activity. May include statistical summaries of crime patterns, modes of operation, analysis of particular crimes, criminal profiles, forecasts, movements of known offenders, etc. Temporary IC § 50- 907(3)(d) 3 years 61 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Crime Reports (DRs) for Major Crimes (murder, involuntary manslaughter, rape, sexual abuse of a child, terrorism) Reports documenting a criminal offense and actions taken, including charges or arrests. Record typically includes location of occurrence, date and time, handling officer, involved parties (suspects, victims, witnesses, reporting parties, etc.) and their personal information, summary of events and supportive documents (e.g., probable cause statements, witness statements, runaway forms, release of custody forms (juveniles), criminal background information (ILETS/Triple III, Ada LE Lookup, ISTARS, JDOC), documents provided by citizens and victims, citations, property invoices, release of property forms, etc.). Semipermanent IC § 50- 907(2)(g) Prosecuted cases: 100 years after final disposition Non-prosecuted cases: 100 years after date of last investigative action Crime Reports (DRs) for Other Crimes Reports documenting a criminal offense and actions taken, including charges or arrests. Record typically includes location of occurrence, date and time, handling officer, involved parties (suspects, victims, witnesses, reporting parties, etc.) and their personal information, summary of events and supportive documents (e.g., probable cause statements, witness statements , tow slips, administrative license suspension forms, intoxilyzer slips, field sobriety tests forms, runaway forms, release of custody forms (juveniles), criminal background information (ILETS/Triple III, Ada LE Lookup, ISTARS, JDOC), documents provided by citizens and victims, citations, property invoices, release of property forms, Leads Online printouts, shoplifting reports from store security officers, etc.). Semipermanent IC § 50- 907(2)(g) Prosecuted cases: 5 years after final disposition Non-prosecuted cases: 5 years after date of last investigative action 62 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Criminal History Records or ILETS/NCIC Reports** Records obtained via ILETS or local jail systems (Ada LE Lookup) that provides information on the accumulated criminal arrest and conviction history of an individual which may be useful in an investigation. May include summary sheet, arrest record, fingerprint information, mug shot, name, aliases, residence, sex age, date and place of birth, height, weight, hair and eye color, scars, marks, tattoos, abnormalities, date of arrest, offense committed. Transitory Until administrative need ends Digital Media – Type 1 Digital media attached to a crime report for a major crime. Includes video, audio, or other digital content created by a law enforcement officer in the course of an investigation or response and attached to a crime report for murder, involuntary manslaughter, rape, sexual abuse of a child, or terrorism. Semipermanent IC § 50- 907(2)(g) Prosecuted cases: 100 years after final disposition Non-prosecuted cases: 100 years after date of last investigative action Digital Media – Type 2 Digital media attached to a crime report for a felony other than a major crime. Includes video, audio, or other digital content created by a law enforcement officer in the course of an investigation or response and attached to a crime report for a crime other than murder, involuntary manslaughter, rape, sexual abuse of a child, or terrorism. Semipermanent IC § 50- 907(2)(g) Prosecuted cases: 5 years after final disposition Non-prosecuted cases: 5 years after date of last investigative action 63 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Digital Media – Type 3 Digital media attached to a misdemeanor or infraction crime report. Includes video, audio, or other digital content created by a law enforcement officer in the course of an investigation or response and attached to a crime report for a misdemeanor crime or infraction. Transitory Prosecuted misdemeanor cases: 410 days after final disposition Non-prosecuted misdemeanor cases: 410 days after last investigative action Prosecuted infraction cases: 210 days after final disposition Non-prosecuted infraction cases: 210 days after investigative action Digital Media – Type 4* Digital media not attached to a crime report. Includes video, audio, or other digital content created by a law enforcement officer not attached to a crime report. Transitory 210 days Field Interview Reports (FI cards) Informational document written by police officers relating to individuals, events, or vehicles for which the officer does not have probable cause for enforcement. Typically includes name and current address of person contacted, physical description of person or vehicle, officer’s name, location of contact, date and time, reason for contact, etc. Temporary IC § 50- 907(3)(d) 3 years Firearm Disposal Records These files contain records of firearms that have been disposed of through sale, trade or destruction. They include manufacturer’s name, serial number, model, caliber, disposal method, disposal date, name of business purchasing the firearm, and bid. Semipermanent IC § 50- 907(2)(g) 5 years 64 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Gun Dealers’ Sales Records Records documenting purchases of guns from dealers. May include duplicate register sheets mailed by the dealer to MPD and triplicate register sheets mailed by the dealer to ISP for criminal records checks and forwarded to MPD. May include sheet number, sales person, date and time, city, serial number, make, model, caliber, purchaser’s information, and signatures. Transitory Until background check is completed and administrative need ends Impounded and Abandoned Vehicle Records (impound forms)* Forms documenting vehicles impounded by police due to accidents, abandonments, recovered as stolen, used in commission of a crime, etc. Documents may include notifications, information cards or sheets, receipts, etc. Information typically includes make, model, year, color, vin identification number, tag number, condition and contents of vehicle, tow company used, release conditions, name and address of individual to whom the vehicle was released. Semipermanent IC § 50- 907(2)(g) 5 years Indemnity Bonds Copies of insurance bonds issued to indemnify the police department against claims of wrongful actions in civil seizure cases. Semipermanent IC § 50- 907(2)(g) 5 years after seizure is completed Informant Case Files Records documenting information about informants used by department personnel. Records typically include reports, correspondence, payment records, fingerprint cards, signature cards, letters of understanding on informants’ activities and related records. Temporary IC § 50- 907(3)(d) 3 years Internal Affairs Files Records documenting department’s investigation of an officer’s role in an incident for the purpose of evaluating compliance with department policy and professional standards. Records typically include investigative materials (video and audio recordings, written statements, narratives, analysis) and recommended disciplinary actions, if any. Semipermanent IC §§ 50- 907(2)(g) and 45-610; 29 CFR 1627.3; 29 CFR 1602.31 75 years after employee separation or completion of related litigation, whichever is longest 65 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Intoxilyzer 5000en and LifeLoc Instrument Certificate Factory and State of Idaho certificates for instrument. Temporary IC § 50- 907(3)(d) and IDAPA 11.03.01.013.06 3 years Intoxilyzer 5000en Log and LifeLoc Performance Verification Log Logging of each person that takes the breathalyzer test and verification testing. May include suspect name, date, time, results, operator name, calibration check results, simulated temperature in range, comments, etc. Temporary IC § 50- 907(3)(d) and IDAPA 11.03.01.013.06 3 years Intoxilyzer User Certifications and Class Roster User certification cards and class roster for Meridian police officers. Intoxilyzer instructor replaces with each new certification period. Transitory Until administrative need ends Master Name Index Records Information on individuals who are field interviewed, individuals who are arrested, suspects or accomplices in crimes, victims, complainants, and witnesses to incidents. Information typically includes name, address, date of birth, race, sex, date and time of incident or contact, case number (DR#), citation numbers and other identifying data. Semipermanent IC § 50- 907(2)(g) 100 years Parking Citations Police department copy of citations issued for parking violations. Record typically includes date and time, location of offense, vehicle license plate information, code violation number, and issuing officer. (Parking citations that are paid are sent to City Hall Finance Department. Parking citations that are unpaid and lead to court summons are sent to the City Prosecutor’s office.) Transitory 6 months after final disposition Photo Identification Records Records with photos used to identify employees, private security personnel, contract workers, etc. May include photos taken for employee identification cards, prox cards, etc. Transitory Until administrative need ends 66 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Polygraph Records Records documenting polygraph tests given to criminal suspects, for internal investigations, and other purposes. Includes pre-examination records, questions, statements of consent, analysis reports, results charts, conclusions, interviewee statements, and related information. Semipermanent IC § 50- 907(2)(g) 5 years Property and Evidence Control and Disposition Records** Records used to track property and evidence in department’s possession. Documents, receipts, storage, and disposition of personal property and physical evidence. May include evidence photographs, receipt forms, evidence logs (showing chain of possession of evidence), property reports, destruction lists, property consignment sheets, seized firearm logs, homicide evidence inventories, etc. Information usually includes case number, tag number, date and time, property or evidence description, storage location, release date, etc. Semipermanent IC § 50- 907(2)(g) 5 years Public Records Requests Written public records requests, responses, records provided, and original (unredacted) records. Transitory 1 year after response provided Radar Equipment, Certifications, and Maintenance Records Records documenting the calibration and maintenance of radar equipment that may be useful in documenting the accuracy of the readings. Often includes original factory certification of calibration. Information relating to maintenance and repair may include a description of the work completed, parts used, date of service, equipment number, make, model, etc. Temporary IC § 50- 907(3)(d) 3 years after retirement of equipment Traffic Collision Reports** Documents of traffic collisions investigated by the police department. These reports typically include complete information on all cars and drivers involved in the accident, location of occurrence, damage, cause of accident, date and time, accident diagram, description and weather conditions. Semipermanent IC § 50- 907(2)(g) If citation is issued or charge is filed: 5 years after final disposition If no citation is issued and no charges are filed: 5 years after closure of file 67 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Training Materials Records related to training programs provided to MPD personnel by presenters including City employees, contractors, or other presenters. May include course descriptions, instructor certifications, instructional materials, course outlines and handouts, and attendance records. Semipermanent IC § 50- 907(2)(g) 5 years from final presentation and/or use Vacation Watch Forms Records documenting inspection of properties when the owner/occupant is away. May include name, address, date requested, vacation beginning and ending time, emergency contact information, special conditions, date and time officers check the property, etc. Transitory Until administrative need ends Written Warnings Written notice provided by MPD officer to member of the public to bring attention to a potential or actual violation. Temporary IC § 50- 907(3)(d) 2 years * Note: Where record is used for legal, training, or purposes other than those enumerated in retention period, that record shall be retained according to the retention period established for other records similarly used. ** Note: Where record is embedded with a crime report (DR), it shall be retained according to the retention period established for the crime report. 68 | P a g e PUBLIC WORKS DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD All Department Records Accessibility Records, City- Owned Facilities Contractor logs, key list, and any other records documenting access to City- owned buildings by authorized persons. Transitory Until administrative need ends or record is superseded Activity Reports Daily, weekly, monthly or other reports documenting the activities of Public Works Department employees, including: type of activity, employees involved, time spent on activity, work completed, equipment and fuel used, reports, logs, log sheets, and related records. Semipermanent 5 years Ada County Highway District (ACHD) Permits Permits issued by Ada County Highway District (ACHD) to dig in public utility easement. Semipermanent 5 years Administrative Records Clothing order spreadsheets, copies of: Accounts Payable invoices, expense reports, leave request logs, MIP Accounts Payable invoices, professional membership documents, evacuation checklists and on call yearly roster logs. Transitory Until administrative need ends or record is superseded Alarm Monitoring / Test Results Reports Reports of monitoring fire alarms, security alarms and sprinkler tests for all relevant City-owned facilities including annual fire alarm testing, annual backflow testing, quarterly sprinkler testing in Sapphire suppression system, monthly fire pump runs, and monthly check on fire extinguishers and Sapphire. Semipermanent 5 years Budget Preparation Records Work documents utilized to build base budgets and establish yearly budgets, including vehicle replacement worksheets, enhancements, amendments and carry forward support. Semipermanent 10 years Correspondence, Administrative Correspondence created or received in the course of administering City policies, procedures, or programs. Semipermanent 5 years Correspondence, Transitory Day-to-day office and housekeeping correspondence that does not contain unique information about City functions or programs. Transitory Until administrative need ends 69 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Customer Complaints Complaint letters, notes on phone calls and in person complaints from customers/citizens. Temporary 3 years from complaint resolution Databases Database records created and maintained for the purposes of generating reports, data files, and a variety of different outputs. Transitory Until administrative need ends or record is superseded Departmental Reports Department reports, performance management presentations. Semipermanent 10 years Engineering Capital and Enhancement Plan (ECEP) Reports Engineering Capital & Enhancement Plan (ECEP) – 5 year Capital Improvement Plan Reports. Semipermanent 10 years Equipment Maintenance and Repair Records Records of repair and maintenance of equipment assigned to Public Work, including but not limited to: generators, sewage lift pumps, water pumps, office equipment, and furniture. Records may include summaries, reports, and similar records usually compiled from daily work records on a monthly or quarterly basis. Transitory Until asset is removed from service or until administrative need ends. Facility Assessments, Maintenance, and Repair Records Records regarding maintenance and repairs of buildings and grounds owned or leased by the City including assessments of the condition of City- owned buildings, summaries, logs, reports, and similar records usually compiled from daily work records. Transitory Until administrative need ends or record is superseded Forms Forms created for use by Public Works personnel to facilitate their work including but not limited to performance review forms, project forms, staff forms, communication forms, and record retention labels. Transitory Until administrative need ends or record is superseded Geographic Information Systems, Digital Orthophotography Images Aerial photographs of properties within the City. Permanent In perpetuity Geographic Information Systems, GIS Data Points, lines, attributes, and polygons relating to infrastructure that the City owns or maintains. Transitory Until superseded 70 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Geographic Information Systems, Maps A visual representation of data within a particular geographical area. Also includes maps and data provided by outside agencies including edge of pavement, parcels, roads, and others. Transitory Until administrative need ends HR Documents Departmental employee personnel records should be kept in the appropriate Division’s file until employment has been terminated (involuntary or voluntary) and then the file should be sent to HR for retention. Transitory Until employment is terminated; then forward to HR Maintenance Request Record Records documenting requests and responses thereto concerning a variety of maintenance responsibilities carried out by the Public Works Department. Examples include, but are not limited to: brushing and limbing, road grading, rocking, sealing, patching, and marking, traffic signals and signs, City-owned buildings and equipment, and water and sewer system problems. Temporary 2 years Master Plan Records Records that document the present and projected needs of the City for water, sewer, storm drainage, streets, bike paths, and other utility related systems. Includes an implementation schedule for construction, plans, reports, evaluations, cost analyses, drawings, and related documents containing rates, inventory evaluations, system rehabilitation or replacement, distribution of services, etc. Permanent In perpetuity Meeting Minutes Internal meeting agendas, minutes, sign-in sheets Semipermanent 5 years Photos, Construction Photos relating to Public Works construction activities, infrastructure, inspection photos, etc. Permanent In perpetuity Photos, Building Maintenance Photos relating to repair and replacement of City-owned equipment, material, and facilities. Semipermanent Keep records requiring engineering stamps 2 years after life of structure. Keep all other records 10 years. Photos, General Photos related to Public Works Department activities and other general use pictures. Transitory Until administrative need ends 71 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Potential Exposure Records Report created when personnel is exposed or potentially exposed to a chemical, including SDS sheet of the chemical involved. Record is placed in the employee personnel record. Transitory Until employment is terminated; then forward to HR Presentations Departmental presentations. Semipermanent 10 years Preventative Maintenance Work Plans Preventative maintenance schedules, work orders. Temporary 3 years Process Documents Standard Operating Procedures, Process Flowcharts, Workflows, Responsible Accountable Consulted Informed (RACI) Charts and Process Performance Measures. Transitory Until administrative need ends Quotes Quotes from contractors and other service providers. Preliminary and final quotes for goods and services used to conduct building repairs, maintenance, or modifications. Transitory Until administrative need ends Record Drawings Revised set of drawings submitted by contractor upon completion of land development phase of a commercial, governmental, or residential project or components thereof. This includes stamped record drawings, as-builts, and wiring diagrams including but not limited to water and sewer infrastructure as installed in Meridian. Permanent In perpetuity Safety Data Sheets (SDS) Safety Data Sheets (SDS). Also see Potential Exposure Records below. Transitory Until chemical is removed or record is superseded Safety Documents Health and Safety Manual, safety audits, training, standard operating procedures, auditory testing records, respirator fit test information. Semipermanent 30 years Safety Meeting Agenda / Signup Sheets Topics covered and sign-up sheet for employees who attended the meetings. Semipermanent 30 years Supervisory Control And Data Acquisition Reports (SCADA) Reports printed from Supervisory Control and Data Acquisition (SCADA) system. Temporary 3 years Technical Manuals, Specifications, and Warranties Owner’s manuals and warranties for City-owned vehicles and equipment. Includes specifications, operating instructions, safety information, and terms of coverage of repair or replacement of equipment. Transitory Until asset is removed from service 72 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Telephone Records A log of all messages taken both via phone and in person including, but not limited to, recorded calls, voicemails, phone call logs. Transitory Until administrative need ends Training Records documenting attendance and presentation by City employees at conventions, conferences, seminars, workshops, and similar training events. Includes training requests, training and Continuing Education Unit (CEU) tracking reports, and related correspondence. Semipermanent 5 years Vehicle Inspection, Maintenance, Repair Work orders, and Reports Maintenance records, inspection work orders for vehicles, vehicle mileage reports, repair records. Transitory Keep until vehicle is removed from service Website Public Works Department Website. Transitory Until administrative need ends or record is superseded Water Rights Records related to City of Meridian Water Rights including, but not limited to, correspondence, agency filings, legal opinions, references. Permanent In perpetuity Administration Area of Impact Records Records related to analysis of expansion of Public Works services into the Area of Impact such as those for Kuna, Kuna Treatment Plant, Meridian Heights Water and Sewer District, South Meridian Planning. Semipermanent 10 years Committee Records Agendas and meeting minutes for special groups convened by Public Works such as City Services Focus Group, Construction Best Management Practices Sub- Committee, Energy. Semipermanent 5 years Department Policies Documents the formulation, adoption, and implementation of internal actions/decisions. Includes: Computer, Geographic Information System (GIS) Policy, Dress Code, Purchasing department policies. Transitory Until administrative need ends or record is superseded 73 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Educational Outreach Materials Records including but not limited to educational brochures, bookmarks, factsheets, and posters which are displayed in the division and distributed at public education outreach events. Transitory Until administrative need ends or record is superseded Events, Public Works Records related to planning Public Works internal and external events. Semipermanent 5 years Emergency Master Plans Emergency plan records for City Hall, Emergency Management, and Continuity of Operations. Semipermanent 10 years Newsletters Annual newsletter prepared by the Public Works Department. Permanent In perpetuity Organization Charts Organization charts. Transitory Until administrative need ends or record is superseded Rate / Fee Records Records related to establishing utility rates and fees, including calculations, research and recommendations. Semipermanent 10 years Resource Documents / Notes Notebooks, Meeting Notes, To Do Lists, employee-compiled notes or references to assist in work including non-city lawsuits. Transitory Until administrative need ends or record is superseded Special Projects Documents related to special or one-time projects to include, but not limited to: Strategic Plans, Inventory Management, Project Information, Rail with Trail, Subdivisions, and Accreditation. Semipermanent 10 years Studies Studies related to Public Works as provided by consultants. Semipermanent 10 years Surveys Public Works initiated internal and external surveys and survey results. Semipermanent 5 years Capital Projects and Facilities Capital Improvement Projects for Other Departments Records including but not limited to attendance for public meetings, AVO’s (Avoid Verbal Orders – Written Instructions), change orders, construction checklists, consultant reports, consultants/contractors contracts, contract addendums, council memos, daily reports, design checklists, door knockers/hangers Transitory Records are kept until project completion and then turned over to appropriate department 74 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD engineering estimates, field orders, final acceptance letters, inspection reports, Notices of Intent (NOI), Notices of Termination (NOT), Notices to Proceed, pay applications, preconstruction agendas, preconstruction notices, preconstruction recordings, progress reports, project correspondence (letters, responses), project info memos, project schedules, project-related purchase order (PO) requisitions, project-related POs, QLPE (Qualified Licensed Professional Engineer) letters, record drawings (filed separately), project-related requests for information, resubmittals, submittal responses, submittals, substantial completion letters, work change directives. Construction Drawings Construction Drawings. Transitory Until replaced by Record Drawings Construction Punch Lists New projects inspection report on City and Development projects noting repairs that need made. Semipermanent 5 years Engineering Project File Records including but not limited to attendance for public meetings, AVO’s (Avoid Verbal Orders – Written Instructions), change orders, construction checklists, consultant reports, consultants/contractors contracts, contract addendums, council memos, daily reports, design checklists, door knockers/hangers, engineering estimates, field orders, final acceptance letters, inspection reports, Notices of Intent (NOI), Notices of Termination (NOT), Notices to Proceed, pay applications, preconstruction agendas, preconstruction notices, preconstruction recordings, progress reports, project correspondence (letters, Permanent In perpetuity 75 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD purchase order requisitions (PO), project-related POs, QLPE (Qualified Licensed Professional Engineer) letters, record drawings (filed separately), project-related requests for information, resubmittals, submittal responses, submittals, substantial completion letters, work change directives. National Pollutant Discharge Elimination System (NPDES) Construction General Permit and Storm Water Pollution Prevention Plans (SWPPP) All records and information resulting from the National Pollutant Discharge Elimination System (NPDES) Construction General Permit including, but not limited to copy of completed and signed Storm Water Pollution Protection Plans (SWPPPs) and SWPPP inspection reports. Semipermanent 5 years from notice of termination from EPA. Construction Inspection Capital Improvement Projects for Other Departments Records including but not limited to attendance for public meetings, AVO’s (Avoid Verbal Orders – Written Instructions), change orders, construction checklists, consultant reports, consultants/contractors contracts, contract addendums, council memos, daily reports, design checklists, door knockers/hangers, engineering estimates, field orders, final acceptance letters, inspection reports, Notices of Intent (NOI), Notices of Termination (NOT), Notices to Proceed, pay applications, preconstruction agendas, preconstruction notices, preconstruction recordings, progress reports, project correspondence (letters, responses), project info memos, project schedules, project-related purchase order (PO) requisitions, project-related POs, QLPE project schedules, project-related purchase order (PO) requisitions, project- related POs, QLPE (Qualified Licensed Professional Engineer) letters, project-related requests for Transitory Records are kept until project completion and then turned over to appropriate department 76 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD information, resubmittals, submittal responses, submittals, substantial completion letters, work change directives. Construction Drawings Construction Drawings. Transitory Until replaced by Record Drawings Construction Punch Lists New projects inspection report on City projects noting repairs that need made. Semipermanent 5 years Engineering Project File Records including but not limited to attendance for public meetings, AVO’s (Avoid Verbal Orders – Written Instructions), change orders, construction checklists, consultant reports, consultants/contractors contracts, contract addendums, council memos, daily reports, design checklists, door knockers/hangers, engineering estimates, field orders, final acceptance letters, inspection reports, Notices of Intent (NOI), Notices of Termination (NOT), Notices to Proceed, pay applications, preconstruction agendas, preconstruction notices, preconstruction recordings, progress reports, project correspondence (letters, responses), project info memos, project schedules, project-related purchase order requisitions (PO), project-related POs, QLPE (Qualified Licensed Professional Engineer) letters, record drawings (filed separately), project-related requests for information, resubmittals, submittal responses, submittals, substantial completion letters, work change directives. Permanent In perpetuity National Pollutant Discharge Elimination System (NPDES) Construction General Permit and Storm Water Pollution Prevention Plans (SWPPP) All records and information resulting from the National Pollutant Discharge Elimination System (NPDES) Construction General Permit including, but not limited to copy of completed and signed Storm Water Pollution Protection Plans (SWPPPs) and Semipermanent 5 years from notice of termination from EPA. 77 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD SWPPP inspection reports. Engineering Construction Drawings Construction Drawings. Transitory Until replaced by Record Drawings Correspondence, Engineering Engineering transmittals (not project-related), serviceability letters, Letters of Interest. Temporary 3 years Engineering Policies Documents the formulation, adoption, and implementation of internal actions / decisions. Includes: project design and construction assumptions and procedures, customer relations and claims guidance, time off, attendance of professional association events, and other guidance. Transitory Until administrative need ends or record is superseded Engineering Project File Records including but not limited to attendance for public meetings, AVO’s (Avoid Verbal Orders – Written Instructions), change orders, construction checklists, consultant reports, consultants/contractors contracts, contract addendums, council memos, daily reports, design checklists, door knockers/hangers, engineering estimates, field orders, final acceptance letters, inspection reports, Notices of Intent (NOI), Notices of Termination (NOT), Notices to Proceed, pay applications, preconstruction agendas, preconstruction notices, preconstruction recordings, progress reports, project correspondence (letters, responses), project info memos, project schedules, project-related purchase order requisitions (PO), project-related POs, QLPE (Qualified Licensed Professional Engineer) letters, record drawings (filed separately), project-related requests for information, resubmittals, submittal responses, submittals, substantial completion letters, work change directives. Permanent In perpetuity 78 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Fire Flow Requests Requests from customers for fire flow and responses from Engineering staff based on computer modeling. Semipermanent 75 years Mailing Lists Project mailing list. Transitory Until project completed Reference Documents Preliminary engineering reports, facility plans, other studies. Permanent In perpetuity Sewer Modeling Requests Requests from customers to run sewer model for capacity and sizing and response from Engineering staff based on computer modeling. Semipermanent 75 years Specifications Specifications such as, but not limited to the City’s Supplemental Specs, Idaho Standards for Public Works Construction (ISPWC), and American Water Works Association (AWWA). Transitory Until administrative need ends or record is superseded Environmental Environmental Awards Records Awards presented to citizens and businesses in recognition of environmental contributions to the community. This includes but is not limited to award nominations, certificates, photographs, and lists of recipients. Semipermanent 5 years Floodplain Administration Records of floodplain development including floodplain permits and floodplain certificates. Permanent In Perpetuity National Pollutant Discharge Elimination System (NPDES) Construction General Permit and Storm Water Pollution Prevention Plans (SWPPP) All records and information resulting from the National Pollutant Discharge Elimination System (NPDES) Construction General Permit including, but not limited to copy of completed and signed Storm Water Pollution Protection Plans (SWPPPs) and SWPPP inspection reports. Semipermanent 5 years from notice of termination from EPA. Project Agreements Agreements between the City and partner agencies for work along or within agency rights or way, or easements. Permanent In perpetuity 79 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Storm Drain Maintenance and Repair Records documenting the maintenance and repair of storm drains located within the City of Meridian. May include summaries, reports, and similar records usually compiled from daily work records on a monthly or quarterly basis. Transitory Until administrative need ends or record is superseded Pretreatment Educational Outreach Materials Records including but not limited to educational brochures, bookmarks, factsheets, and posters which are displayed in the division and distributed at public education outreach events. Transitory Until administrative need ends or record is superseded Environmental Awards Records Awards presented to citizens and businesses in recognition of environmental contributions to the community. This includes but is not limited to award nominations, certificates, photographs, and lists of recipients. Semipermanent 5 years Industrial Pretreatment Records related to the identification, inspections sampling, permitting, formalized agreements and/or contracts between the City and individual facilities within the business and industrial sectors that must comply with the federal requirements of the Environmental Protection Agency 40 CFR Part 403, General Pretreatment regulations. These records and supporting documentation typically include: Industrial waste questionnaires, permit applications, permits and fact sheets, inspection reports, Industrial user reports, monitoring data (including laboratory reports), required plans (e.g., slug control, sludge management, pollution prevention) , enforcement activities, and correspondence to and from the Industrial User. Permanent In perpetuity 80 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Photos, Industrial Pretreatment Photos related to the identification, inspections sampling, permitting, formalized agreements and/or contracts between the City and individual facilities within the business and industrial sectors that must comply with the federal requirements of the Environmental Protection Agency 40 CFR Part 403, General Pretreatment regulations. Permanent In perpetuity Wastewater Confined Space Entry Permit A written authorization prepared prior to employee entry into a Permit Required Confined Space. The Department’s permit contains specific entry space, purpose and time conditions under which the entrance will operate. Semipermanent 5 years from date issued Construction Punch Lists New projects inspection report on City projects noting repairs that need made. Semipermanent 5 years Delivery Tickets Tickets issued by suppliers to verify delivery of supplies or materials (concrete, road base, gravel, etc.). Information usually includes: date, time, amount and type of supplies/materials received, and related data. Temporary 2 years Discharge Monitoring Records Records documenting effluent quality discharged from the City wastewater treatment facility. Includes supporting documentation such as date, period covered, National Pollutant Discharge Elimination System (NPDES) permit number, discharge number, frequency of analysis, sample type, and average Semipermanent Keep discharge monitoring reports 20 years after permit expiration. Keep all other records 5 years, until the end of the NPDES permit cycle, or as requested by state or federal agencies, whichever is longer 81 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD and maximum quantities and concentrations of solids, ammonia, chlorine, nitrogen, and other chemicals. Equipment Maintenance & Calibration Records Records documenting the maintenance and calibration of equipment and instruments used to undertake and monitor wastewater treatment operations. Useful to verify equipment reliability and for reference by regulatory agencies. Information includes: date, type of equipment maintained or calibrated, tests performed, repairs needed, comments, and related information. Semipermanent Keep 5 years after equipment removed from service, until the end of the NPDES permit cycle, or as requested by state or federal agencies, whichever is longer. Mobile Waste Hauler Dumping Records Records documenting the dumping of septic pumpings and other wastes from various sources at the City waste treatment facility. Records include logs, manifests, and similar documents. Information includes: name and signature of hauler, quantity of wastes dumped, location at which wastes were pumped, and related information. Semipermanent 5 years National Pollutant Discharge Elimination System (NPDES) Records Records documenting the application for and issuance of a permit to the City under the National Pollutant Discharge Elimination System (NPDES) program which allows discharge of specific pollutants under controlled conditions. Records typically include: applications, permits, addenda, modifications, and related supporting documentation. Information includes: influent and effluent limits, chemical analysis records, water flow, test and recording requirements, definitions and acronyms, compliance schedules, and related data. (SEE ALSO Wastewater Inspection Records in this section). Semipermanent 40 CFR 122.41 Keep all records 5 years, until the end of the NPDES permit cycle, or as requested by state or federal agencies, whichever is longer. 82 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Sewer Maintenance and Repair Records Records documenting the maintenance and repair of City sewers. May include summaries, reports, and similar records usually compiled from daily work records on a monthly or quarterly basis. Information often includes location, narrative of work completed, amount and type of material used, personnel completing work, dates of activities, authorization, and related information. (SEE ALSO Activity Reports and Sewer Television/Videoscan Inspection Records in this section). Semipermanent Keep records requiring engineering stamps 2 years after life of structure. Keep other records 5 years. Sewage Sludge Application Landowner Agreements Agreements between the City and landowners related to the application of sewage sludge to approved sites. Records include signed agreements, exhibits, amendments, and related documents. Information typically includes: agreement number, date, conditions or terms, parties involved, period covered, and signatures. Semipermanent 6 years Sewage Sludge Application Site Logs Logs documenting the agricultural application of sewage sludge to approved sites. Subjects include agronomic loading calculations related to maximum application of nitrogen in pounds per acre per year, and ultimate site life loading calculations tracking the amount of heavy metals applied. Permanent In perpetuity Sewage Sludge Management Plans Plans submitted by the City to engage in sludge disposal or application activity, Information includes: method of sludge removal, land application or disposal sites, sludge stability determination methods, projected sludge storage basin use, sludge analyses, application rates, and heavy metal limitations. Permanent In perpetuity 83 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Sewer Smoke Test Records Records documenting smoke tests undertaken to verify hookup to main sewer lines, check condition of pipes, or determine effectiveness of backflow prevention devices. Information typically includes: maps or diagrams of lines tested, location of leaks detected, inspector’s name, pipe size, and related information. Semipermanent 10 years Sewer Television/ Videoscan Inspection Records Reports documenting television inspections used to locate problems and defects in sewer lines. Often consists of periodic inspections of existing lines, final inspections of newly constructed lines, and inspections at the end of warranty periods. Records usually contain videotapes and written reports. Information typically includes: date, type of inspection, conditions found, repairs needed, distances from manholes, and related information. Semipermanent 10 years Valve Maintenance Records Records documenting the location, specifications, maintenance, and repair of valves in the City sewer system. Includes lists, charts, drawings, reports, logs, and related records, valve location, identification number, run of pipe, size, make, year installed, depth, turns to open and normal position, narratives of valve maintenance and repair, test run, personnel completing work, dates, and related information. Semipermanent Keep location and specification records 1 year after valve removed from service. Keep all other records 5 years. Wastewater Facility Permit Records Records such as applications, permits, addenda, modifications, and related supporting documentation, documenting the application for and issuance of a permit authorizing the City to Permanent In perpetuity 84 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD construct and operate a disposal system with no discharge to navigable waters such as sewage lagoons, land application/reuse, septic tanks, and drain fields. Wastewater Grant & Loan Records Copies of records relating to Idaho Department of Environmental Quality (IDEQ) grants and loans for wastewater facilities, including: application form and checklist, authorizing resolution, engineering contract checklist, certificate of negotiation, proof of professional liability insurance, certification of financial and management capability, and other documents. Transitory Until administrative need ends Wastewater Inspection Records Records documenting inspections of City wastewater treatment operations to monitor compliance with National Pollution Discharge Elimination System (NPDES) permit conditions. These reports and supporting documentation typically include: date, location, areas evaluated during inspection, summary of findings, pre- treatment requirements review, sampling checklists, flow measurements, laboratory assurance checklists, and related information. Semipermanent Keep all records 5 years, until the end of the NPDES permit cycle, or as requested by state or federal agencies, whichever is longer. Water Backflow $10 Credit Log Electronic report for customers who have their backflow tests completed by their City-mandated annual due date. Temporary 3 years Backflow Dual Connection List A list of customers who have two water connection sources for outdoor use. Transitory Until administrative need ends Backflow Surveys A survey of properties noting the location and type of hazard and type of assembly. Transitory Until administrative need ends or record is superseded Backflow Tester Information Tester information including a copy of their license, proof of insurance, and tester kit calibration. Transitory Until administrative need ends or record is superseded 85 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Backflow Tester List A list of backflow testers with their pricing. Transitory Until administrative need ends or record is superseded Backflow Tests Backflow assemblies test report. Temporary 3 years Chlorine Residuals A report showing sample dates and locations of free chlorine remaining in the City water system. Permanent In perpetuity Clothing Spreadsheet Spreadsheet with individual clothing and boot information. Transitory Until administrative need ends or record is superseded Confined Space Entry Permit A written authorization prepared prior to employee entry into a Permit Required Confined Space. The Department’s permit contains specific entry space, purpose and time conditions under which the entrance will operate. Semipermanent 5 years from date issued Construction Punch Lists Projects inspection report on City projects noting repairs/corrections that need to be made. Semipermanent 5 years Construction Samples Bacteria sample results taken for water line/well construction. Semipermanent 5 years Consumer Confidence Reports (CCR’s) Report mandated by EPA delivered to Meridian citizens that are connected to City water. Transitory Until administrative need ends Critical Water Users Records that identify critical water users within the City of Meridian, such as hospitals, medical facilities, schools, large corporate facilities, hotels, motels, restaurants, and the water park. This record evolves as new businesses move into Meridian and critical water users leave Meridian. Transitory Until administrative need ends or record is superseded Daily Chlorine Residuals Field notes from Chlorine residuals taken from various sample ports in the City water system. Temporary 3 years Dig Line Tickets Customer and contractor requests via Dig Line to locate underground City utilities before excavation begins. Transitory 1 year Fire Flow Reports Actual fire flow data taken from a particular fire hydrant. Semipermanent 75 years 86 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Hydrant Meter Billing Spreadsheet Billing documents from fire hydrant meter readings based on water used for construction. Transitory Until administrative needs ends Leak Letters Letters that were mailed to customer informing customer of a possible leak are attached to the service order for leak check. Semipermanent 5 years License Agreements Agreement between water purveyors (City of Meridian) and the Idaho Department of Environmental Quality (IDEQ) for discharge of domestic water into U.S waterways. Permanent In perpetuity Maximum Contaminant Level (MCL) Public Notification (DEQ) Maximum Contaminant Level (MCL) Violation notices. Required by Department of Environmental Quality (DEQ) to notify the public. Permanent In perpetuity Meter Warranty Report A report on meter warranty. Semipermanent 25 years Monitoring Waivers Sampling waivers to reduce the frequency of sampling. Permanent In perpetuity Production & Maintenance Distribution System History Repair/Maintenance history on distribution & Production system and all related equipment. Transitory Until superseded or removed PRV/Wells Reads Hansen software reports on Pressure Reducing Valves (PRV) and Well reads. Permanent In perpetuity Radio Licensing Licensing spreadsheets for SCADA radios, base station and vehicle two/way radios. Semipermanent 10 years Reclaimed Water Surveys Survey reports to monitor compliance. Permanent In perpetuity Safety Inspections Inspections / Reports Semipermanent 30 years Sampling Chain of Custody Sample report form for sampling City water for bacteria to satisfy compliance monitoring. Results are reported on separate form unless sampling is done for Bac-T. Permanent In perpetuity Sampling Equipment Calibration/Repair Forms for calibration and certification or repair of sampling equipment. Permanent In perpetuity Sampling Results/Special Sample report form for sampling the water for noncompliance monitoring. Permanent In perpetuity 87 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Service Orders Records including requests from customer, Utility Billing, or Water Division to perform work or get a read at an address as well as historical logs showing service order number. Semipermanent 5 years Spring flush notices (Mailers) Flush notices mailed to customers for spring flush of water system / Maps. Semipermanent 5 years Subdivision Map Section reports Spreadsheet with subdivision number. Transitory Until administrative need ends or record is superseded System Location Documents Maps, Photo’s, hand drawings of Water System Components. Transitory Until administrative needs ends or record is superseded Turbidity Reports Logs used for entering wasted water flushed from the water system and not sold. Flush locations are listed. Water Quality information, including Nephelometer Turbidity (NTU) readings, are documented. Semipermanent 25 years Water Asset Information Records that identify asset location and manufacturer maintenance information. Transitory Keep until asset is removed from service Water Division SOPs Standard policies and procedures for the Water Division. Transitory Until administrative need ends or record is superseded Water Meter Reports Water meter reports including: NC list, billing status report, autoread master route report, billing pre- scan report, re-reads, and water meter testing results. Semipermanent 5 years Water Quality Correspondence Any mailed correspondence with labs, customers, regulators concerning sampling. Semipermanent 15 years Water Quality Master Log Records documenting water quality calls from customers. Semipermanent 25 years Well Disconnects Documents on private well disconnects. Permanent In perpetuity 88 | P a g e SUPPORT SERVICES Office of the Director of Support Services RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative Records Records regarding day-to-day administration, including but not limited to, copies of expense reports and receipts, vouchers, invoices, and travel records. Transitory Until administrative need ends or record is superseded Budget Preparation Records Work documents utilized to build base budget and establish yearly budget, including worksheets, enhancements, amendments and carry forward support. Semipermanent 5 years Correspondence Records created or received in the course of administering city policies/programs, but these records do not provide insight into significant policy/program discussions or decisions. Semipermanent 5 years Day-to-day office and housekeeping correspondence not unique to City functions or programs. Transitory Until administrative needs ends Policy/program correspondence, documenting the formulation, adoption, and implementation of significant policy/program decisions. Permanent In perpetuity HR Documents Employee personnel records should be kept in the appropriate department/division file until employment has been terminated (involuntary or voluntary) and then the file should be sent to HR for retention. Transitory Until employment is terminated; then forward to HR Memoranda Internal or external memoranda summarizing research, recommendations, and other information. Permanent In perpetuity Presentations Documents including, but not limited to, presentations to Council, working files, power point slides and other notes. Transitory Until administrative need ends Process Documents Documents including, but not limited to, flowcharts, workflows, and process performance measures. Transitory Until administrative need ends 89 | P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Research Information and Materials Documents including, but not limited to, draft research information, conference materials, studies conducted internally or through outside sources, and related publications. Transitory Until superseded or administrative need ends Special Projects Documents related to special or one- time projects to include, but not limited to: Strategic Plans. Semipermanent 10 years Telephone Records Telephone records including, but not limited to, recorded calls, voicemails, phone call logs, etc. Transitory Until administrative need ends 90 | P a g e IDAHO STATUTE TITLE 50, CHAPTER 9, SECTION 50-907 TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 9 ORDINANCES -- CITY CODE – RECORDS 50-907. CLASSIFICATION AND RETENTION OF MUNICIPAL RECORDS. (1) "Permanent records" shall consist of: (a) Adopted meeting minutes of the city council and city boards and commissions; (b) Ordinances and resolutions; (c) Building plans and specifications for commercial projects and government buildings; (d) Fiscal year-end financial reports; (e) Records affecting the title to real property or liens thereon; (f) Cemetery records of lot ownership, headstone inscriptions, interment, exhumation and removal records, and cemetery maps, plot plans and surveys; (g) Poll books, excluding optional duplicate poll books used to record that the elector has voted, tally books, sample ballots, campaign finance reports, declarations of candidacy, declarations of intent, and notices of election; and (h) Other documents or records as may be deemed of permanent nature by the city council. Permanent records shall be retained by the city in perpetuity, or may be transferred to the Idaho state historical society's permanent records repository upon resolution of the city council. (2) "Semipermanent records" shall consist of: (a) Claims, canceled checks, warrants, duplicate warrants, purchase orders, vouchers, duplicate receipts, utility and other financial records; (b) Contracts; (c) Building applications for commercial projects and government buildings; (d) License applications; (e) Departmental reports; (f) Bonds and coupons; and (g) Other documents or records as may be deemed of semipermanent nature by the city council. Semipermanent records shall be kept for not less than five (5) years after the date of issuance or completion of the matter contained within the record. (3) "Temporary records" shall consist of: (a) Building applications, plans, and specifications for noncommercial and nongovernment projects after the structure or project receives final inspection and approval; (b) Cash receipts subject to audit; (c) Election ballots and duplicate poll books; and (d) Other documents or records as may be deemed of temporary nature by the city council. Temporary records shall be retained for not less than two (2) years, but in no event shall financial records be destroyed until completion of the city's financial audit as provided in section 67-450B , Idaho Code. (4) "Historical records" shall consist of records which, due to age or cultural significance, are themselves artifacts of historical value. Historical records have enduring value based on the administrative, legal, fiscal, evidential or historical information they contain. Historical records shall be retained by the city in perpetuity or may be transferred to the Idaho 91 | P a g e state historical society's permanent records repository pursuant to subsections 8. and 9. of section 67-4126 , Idaho Code, upon resolution of the city council. (5) Each city council shall adopt by resolution a records retention schedule, listing the various types of city records and the retention period for each type of record. (6) The city may reproduce, retain and manage records in a photographic, digital or other nonpaper medium. The medium in which a document is retained shall accurately reproduce the record in paper form during the period for which the document must be retained and shall preclude unauthorized alteration of the document. (a) If the medium chosen for retention is photographic, all film used must meet the quality standards of the American national standards institute (ANSI). (b) If the medium chosen for retention is digital, the medium must provide for reproduction on paper at a resolution of at least two hundred (200) dots per inch. (c) A record retained by the city in any form or medium permitted under this section shall be deemed an original public record for all purposes. A reproduction or copy of such record, certified by the city clerk, shall be deemed to be a transcript or certified copy of the original and shall be admissible before any court or administrative hearing. (d) Once a semipermanent or temporary record is retained in a nonpaper medium as authorized by this section: (i) The original paper document shall be considered a duplicate of the record, and may be summarily disposed of or returned to the sender; and (ii) The provisions of this section related to retention and destruction of semipermanent and temporary records shall apply only to the record retained in the nonpaper medium. (e) Once a permanent record is retained in a nonpaper medium as authorized by this section: (i) The original paper document shall be considered a copy of the record and may be destroyed after compliance with the provisions of this subparagraph. Prior to destruction of original paper documents, the city clerk shall provide written notice, either by electronic or physical delivery, including a detailed list of the documents proposed for destruction to the Idaho state historical society. The Idaho state historical society shall have thirty (30) days after receipt of the notice to review the list and respond in writing, either by electronic or physical delivery, to the city clerk identifying any documents that will be requested to be transferred from the city to the historical society for retention in the permanent records repository. Any documents that will not be transferred for retention in the permanent records repository may be destroyed. If the city clerk receives no written response within thirty (30) days after the notice was received by the historical society, then the records proposed for destruction may be destroyed. (ii) The provisions of this section related to retention of permanent records shall only apply to the record retained in the nonpaper medium. (f) Even if a historic record is retained in a nonpaper medium as authorized by this section, the original paper record shall also be retained by the city in perpetuity, or it may be transferred to the Idaho state historical society's permanent records repository upon resolution of the city council. (g) Whenever any record is retained in a nonpaper medium, the city clerk shall maintain, throughout the scheduled retention period for such record, suitable equipment for displaying such record at not less than original size and for making copies of the record. (h) Whenever any record is retained in a nonpaper medium, it shall be made in duplicate and the custodian thereof shall place one (1) copy in a fire-resistant vault or off-site storage facility, and he shall retain the other copy in his office with suitable equipment for displaying such record at not less than original size and for making copies of the record. (7) Destruction or transfer of records: 92 | P a g e (a) Permanent records shall not be destroyed, except for paper originals of permanent records retained in a nonpaper medium as provided in subsection (6)(e) of this section. Permanent records may be transferred to the Idaho state historical society's permanent records repository upon resolution of the city council. (b) Semipermanent records may be destroyed only by resolution of the city council and upon the advice of the city attorney, except for paper originals of semipermanent records retained in a nonpaper medium as provided in subsection (6)(d) of this section. Such disposition shall be under the direction and supervision of the city clerk. The resolution ordering destruction shall list in detail records to be destroyed. (c) Temporary records may be destroyed only by resolution of the city council and upon the advice of the city attorney, except for paper originals of temporary records retained in a nonpaper medium as provided in subsection (6)(d) of this section. Such disposition shall be under the direction and supervision of the city clerk. The resolution ordering destruction shall list in detail records to be destroyed. (d) Historical records may not be destroyed but may be transferred to the Idaho state historical society's permanent records repository upon resolution of the city council. History: [50-907, added 2005, ch. 41, sec. 2, p. 164; am. 2016, ch. 226, sec. 1, p. 621.] Meridian City Council Meeting DATE: July 12, 2016 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Mayor's Office Mayor's Office: Appointment of Interim City Clerk MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION 7H DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 12, 2016 ITEM NUMBER: 8 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics 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 Meridian City Council Meeting DATE: July 12, 2016 ITEM NUMBER: $A PROJECT NUMBER: ITEM TITLE: Discussion on Format of July 20, 2016 Budget g UD cx�"hnp MEETING NOTES �vaca L.,n,•► o', Q - Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS