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HomeMy WebLinkAbout2016-09-27Meridian City Council Meeting Agenda Tuesday, September 27, 2016 – Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. 1. City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, September 27, 2016 at 6:00 PM 1. Roll-Call Attendance X Anne Little Roberts X Joe Borton X Ty Palmer X Keith Bird __X___ Genesis Milam __X___ Luke Cavener O Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Senior Pastor, Steve Moore, Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Amended Onto Agenda: Proclamation for Huntington’s Disease Awareness Month 6. Consent Agenda Approved as noted A. Approve Minutes of September 13, 2016 City Council Workshop Meeting B. Approval of AIA A133 & A201 Construction Management as General Contractor Agreements to The Russell Corporation for the “BAINBRIDGE PARK” project. The Not-To-Exceed amount for Pre-Construction Services will be $17,350. C. Approval of Deductive Change Order No. 3 UV Disinfection Improvements to CH2M HILL ENGINEERS for the “WRRF UV DISINFECTION SYSTEM EXPANSION – CONSTRUCTION SUPPORT SERVICES” project for the Not- To-Exceed Deductive Amount of -$300,609.72. D. Approval of Change Order No. 8 UV Disinfection Improvements to Performance Systems, Inc. for the “UV Disinfection Improvements” project for the Not-To-Exceed amount of $295,106.82. CITY COUNCIL REGULAR AMENDED MEETING AGENDA Meridian City Council Meeting Agenda Tuesday, September 27, 2016 – Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. E. Approval of AIA A133 & A201 Construction Management as General Contractor Agreements to Engineered Structures, Inc. for the “RETA HUSKEY PARK” project. The Not-To-Exceed amount for Pre-Construction Services will be $15,000. F. Acceptance Agreement - Main Street & Fairview Avenue Artwork: "Natives" Moved to October 4, 2016 Meeting G. Collaboration Agreement for the new Housing and Urban Development (HUD) Assessment of Fair Housing (AFH) H. License Agreement with Intermountain Gas Company for Attachment of Automated Meter Reading Equipment to Street Lights for the Annual Sum Of $50.00 Per Pole To Be Paid To The City I. Resolution No. : Resolution Signifying City's Final Acceptance of Main Street & Fairview Avenue Artwork "Natives" by C.J. Rench Moved to October 4, 2016 Meeting J. Lift Station Lease Agreement with New Oaks, LLC K. Final Order for Howry Lane Subdivision No 1 (H-2016-0106) by M3 Acquisitions, LLC Located at 5220 S Howry Lane L. Final Order for Biltmore Estates Subdivision No. 3 (H -2016-0107) by Oakwood Estates, LLC Located South of W. Victory Road and West of S. Meridian Road M. Final Plat for Swindell Subdivision (H-2016-0109) by Volante Investments, LLLP Located at Northwest Corner of East Overland Road and South Locust Grove Road Request: Final Plat Consisting of Seven (7) Building Lots, One (1) Common Lot and One (1) Other Lot on 20.03 Acres of Land in the C-C and C-G Zoning Districts. N. Final Plat for Bancroft Square (H-2016-0110) by Schultz Development Located at 2750 S Eagle Road Request: A Final Plat Consisting of Thirty- Three (33) Building Lots and Five (5) Common Lots on 5.41 Acres of Land in the R-8 Zoning District 7. Items Moved From the Consent Agenda None 8. Action Items Meridian City Council Meeting Agenda Tuesday, September 27, 2016 – Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned City planner. Following Staff’s report the applicant has up to 15 minutes to present their application. Each member of the public may provide testimony up to 3 minutes or if they are representing a larger group , such as a Homeowners Association, they are allowed 10 minutes. The applicant is then allowed 10 additional minutes to respond to the public’s comments. No additional public testimony is taken once the public hearing is closed. A. Public Hearing for Hill's Century Farm Commercial (H-2016-0092) by Martin Hill Located 3625 E. Amity Road Continued to October 4, 2016 1. Request: Preliminary Plat Approval Consisting of Twenty (20) Building Lots on 19.73 Acres of Land in a C-N Zoning District 2. Request: Modification to the Development Agreement to Include a Detailed Site Plan and Modification of Certain Provisions B. Final Plat for Avebury Subdivision (H-2016-0108) By Avebury Development, LLC located North Side of East Pine Avenue and the West of North Locust Grove Road Approved 1. Request: Final Plat Consisting of Fourteen (14) Single Family Residential Lots and Four (4) Common Lots on Approximately Three (3) Acres in the R-15 Zoning District C. Public Hearing for CDBG PY 2015 Substantial Amendment (Public Service) D. CDBG PY 2015 Substantial Amendment (Public Service) to the Action Plan Approved E. Public Hearing for 2016 City of Meridian Comprehensive Plan Map and Text Amendment (H-2016-0098) by City of Meridian Approved 1. Request: Amend the Future Land Use Map (FLUM) and Text of the City of Meridian Comprehensive Plan as Follows: 1) Update the Future Land Use Map (FLUM) So That it Represents the Built Environment and Existing Land uses; and 2) Update Various Text Through-Out the Document and the Goals, Objectives and Action Items F. Public Hearing for Maddyn Village (H-2016-0075) by A Team Land Consultants Located West Side of N. Meridian Road, South of E. Ustick Road, North of W. Sedgewick Drive Approved with conditions 1. Request: Annexation and Zoning of Approximately 10.398 Acres from the RUT Zoning District to the R-8 Zoning District Meridian City Council Meeting Agenda Tuesday, September 27, 2016 – Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. (Approximately 6.874 Acres) to the R-15 Zoning District (Approximately 3.524 Acres) 2. Request: Preliminary Plat Approval Consisting of Twenty-Nine (29) Single-Family Residential Lots, Ten (10) Multi-Family Residential Lots and Five (5) Common Lots on Approximately 10.398 Acres in the Proposed R-8 and R-15 Zoning Districts 3. Request: Conditional Use Permit for a Multi-Family Development Consisting of Forty-Eight (48) Dwelling Units in the Proposed R-15 Zoning Districts G. Public Hearing for Gemtone Center No. 5 (H-2016-0105) by The Land Group, Inc. Located 2425, 2463, 2501 E. State Street Approved 1. Request: Vacate the 5-Foot Wide Property Drainage, Utility Construction and Maintenance Easement Along the Shared Side Lot Lines Between Lots 2 and 3 and Lots 3 and 4, Block 5, Gemtone Center Subdivision No. 5 H. Public Hearing for Laurels Townhouses (H-2016-0065) by Northside Management Located at 2116 S Accolade Avenue Approved 1. Request: Rezone of Approximately 1.87 Acres of Land f rom the TN-R Zoning District to the R-15 Zoning District 2. Request: Preliminary Plat Consisting of Twenty (20) Building Lots and Eight (8) Common Lots on 1.38 Acres of Land in the TN -R Zoning District 3. Request: Modification to the Development Agreement to Change the Use and Building Elevations from Live/Work Units to Solely Living Units 9. Executive Session Per Idaho State Code 74-206A (1)(a): A Governing Body or Its Designated Representatives May Hold an Executive Session for the Specific Purpose of: (a) Considering a Labor Contract Offer or to Formulate a Counteroffer Into Executive Session at 8:20pm Out of Executive Session at 9:13pm 10. Future Meeting Topics Adjourned at 9:14pm Meridian City Council September 27, 2016 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, September 27, 2016, by Mayor Tammy de Weerd. Members Present: Joe Borton, Keith Bird, Genesis Milam, Ty Palmer, Luke Cavener and Anne Little Roberts. Members Absent: Mayor Tammy de Weerd. Others Present: Bill Nary, C.Jay Coles, , Bruce Chatterton, Sonya Allen, Josh Beach, Kyle Radek Warren, Tracy Basterrechea, Joe Bongiorno, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X_ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X_ Keith Bird __X__ Genesis Milam __X__ Lucas Cavener __ Mayor Tammy de Weerd Bird: I'd like to call this meeting of September 27th City Council -- regular City Council meeting to order. Welcome, everybody here. It's nice to have an audience out there for us and we will start with roll call attendance. Item 2: Pledge of Allegiance Bird: If you would all stand now for our Pledge of Allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation by Senior Pastor, Steve Moore, Ten Mile Christian Church Bird: Pastor Moore, I seen you come in. We will invite you up here for the community invocation or take this as a time to reflect. Moore: Heavenly Father, speaking for myself, all too frequently I make assumptions about what my day will be like and we can be pretty arrogant we humans about our life and what we ultimately have control over . So, tonight I pray, God, that the spirit of our city leaders will be one of humility and I just appreciate the fact that -- that they put their life on the line, they have chosen to serve our community and -- and receive criticism. They have got decisions to make in the few hours that affect lives and it's an awesome responsibility. So, we ask for your wisdom to be in theirs. I pray, God, that you will continue to Meridian City Council September 27, 2016 Page 2 OF 53 bless his community. It seems like we have been spared so many tragedies that now when we turn on the news every day -- every day it's -- it's just discouraging. I pray for our police officers, as far as the ones I know, they are -- they are the kind of people that really do care about this city. I pray for our firefighters and -- and the servants, that we can, again, take for granted, just like we take you for granted, God. Their presence is all around us, so bless them for that. I pray for America and where we are at as a nation. I pray, God, that -- that we would remember that we do have a creator and we make decisions based on that. In the name of Jesus I pray, amen. Item 4: Adoption of the Agenda Bird: Thank you, pastor. Appreciate that. Next Item No. 4 is the adoption of the agenda. Borton: Mr. President? Bird: Mr. Borton. Borton: We need to add an Item 5, a proclamation for Huntington's Disease Awareness Month. Item 6-F to remove to the October 4th, 2016, meeting. Item 6-I will also be moved to October 4th, 2016. Item 8-A the applicant has requested that matter to continue to October 4th, 2016. And with those amendments, Mr. President, I move we adopt the amended agenda. Palmer: Second. Bird: Okay. We got a motion and a second to adopt the amended agenda. All in favor say aye. Any opposed? MOTION CARRIED: ALL AYES. Item 5: Amended Onto Agenda: Proclamation for Huntington’s Disease Awareness Month Bird: Okay. Council, with your permission I will go down and we will have the proclamation. I have got a proclamation here for Huntington's disease for the month of October. Huntington's disease is an inherited neurological disorder, typically affecting people in their 30s or 40s and it is estimated that one in every 10,000 people -- nearly 30,000 in the United States have Huntington's disease and Huntington's disease is an auto somal dominant disease. If one parent has the disease each child has a 50 percent chance of inheriting the defective Huntington's disease gene and at the present time there is no effective treatment or cure for Huntington's disease and it is critical to raise awareness, so the advancement of research and support services can continue. To the southern Idaho affiliate of the Huntington's Disease Society of America, support and Meridian City Council September 27, 2016 Page 3 OF 53 services are provided to families throughout Idaho. I, Mayor Tammy de Weerd, do hereby proclaim the month of October to be Huntington's Disease Awareness month in the City of Meridian and call upon the community to join me in raising awareness for this worthy cause. Signed by Mayor Tammy. Thank you very much. Like to say a few words, sir? Representative: We do appreciate the City of Meridian acknowledging this and we do welcome anyone who was -- is interested in learning more about it to go to hdsa.org and we are having an activity on October 8th at Veteran's Memorial Park in Boise where we will be having a walk to raise funds for Huntington's Disease Society of America. So, you're all welcome. Bird: Thank you very much. Council, the next item, Item No. 6, the Consent Agenda. Borton: Mr. President? Bird: Mr. Borton. Item 6: Consent Agenda A. Approve Minutes of September 13, 2016 City Council Workshop Meeting B. Approval of AIA A133 & A201 Construction Management as General Contractor Agreements to The Russell Corporation for the “BAINBRIDGE PARK” project. The Not-To-Exceed amount for Pre-Construction Services will be $17,350. C. Approval of Deductive Change Order No. 3 UV Disinfection Improvements to CH2M HILL ENGINEERS for the “WRRF UV DISINFECTION SYSTEM EXPANSION – CONSTRUCTION SUPPORT SERVICES” project for the Not To-Exceed Deductive Amount of -$300,609.72. D. Approval of Change Order No. 8 UV Disinfection Improvements t Performance Systems, Inc. for the “UV Disinfection Improvements” project for the Not-To- Exceed amount of $295,106.82. E. Approval of AIA A133 & A201 Construction Management as General Contractor Agreements to Engineered Structures, Inc. for the “RETA HUSKEY PARK” project. The Not-To-Exceed amount for Pre-Construction Services will be $15,000. Meridian City Council September 27, 2016 Page 4 OF 53 G Collaboration Agreement for the new Housing and Urban Development (HUD) Assessment of Fair Housing (AFH) H. License Agreement with Intermountain Gas Company for Attachment of Automated Meter Reading Equipment to Street Lights for the Annual Sum of $50.00 Per Pole To Be Paid To The City J. Lift Station Lease Agreement with New Oaks, LLC K. Final Order for Howry Lane Subdivision No 1 (H-2016- 0106) by M3 Acquisitions, LLC Located at 5220 S Howry Lane L. Final Order for Biltmore Estates Subdivision No. 3 (H- 2016-0107) by Oakwood Estates, LLC Located South of W. Victory Road and West of S. Meridian Road M. Final Plat for Swindell Subdivision (H-2016-0109) by Volante Investments, LLLP Located at Northwest Corner of East Overland Road and South Locust Grove Road Request: Final Plat Consisting of Seven (7) Building Lots, One (1) Common Lot and One (1) Other Lot on 20.03 Acres of Land in the C-C and C-G Zoning Districts. N. Final Plat for Bancroft Square (H-2016-0110) by Schultz Development Located at 2750 S Eagle Road Request: A Final Plat Consisting of ThirtyThree (33) Building Lots and Five (5) Common Lots on 5.41 Acres of Land in the R-8 Zoning District Borton: With the amendment of Item 6-F and 6-I, both of which are being moved to the October 4th, 2016, meeting, I would move that we approve the Consent Agenda and for the President to sign and in the Clerk to attest on all necessary papers. Palmer: Second. Bird: We got a motion and a second to approve. Any comment? Mr. Clerk. Hood: Mr. President? Bird: Yes. Meridian City Council September 27, 2016 Page 5 OF 53 Hood: I'm sorry. Our 6-F, the Hill Century project, is the agenda amended? I'm sorry, I just wanted to make sure that it's the right projects that are being -- Bird: Yes. Borton: Mr. President, 6-F is the acceptance agreement, Main Street -- Hood: Okay. Not seven. I apologize. Thank you. Bird: Mr. Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer yea; Little Roberts. MOTION CARRIED: ALL AYES. Item 7: Items Moved From the Consent Agenda Bird: Okay. Item No. 7 we had nothing moved from the Consent Agenda. Item 8: Action Items A. Public Hearing for Hill's Century Farm Commercial (H- 2016-0092) by Martin Hill Located 3625 E. Amity Road 1. Request: Preliminary Plat Approval Consisting of Twenty (20) Building Lots on 19.73 Acres of Land in a C-N Zoning District 2. Request: Modification to the Development Agreement to Include a Detailed Site Plan and Modification of Certain Provisions Bird: So, we go into, 8 Action items. 8-A is a public hearing for H-2016-0092 and the applicant has requested to continue to October 4th , 2016. Is there a reason why they did, Josh, or -- here comes the applicant. He can -- Wardle: Mr. President, Council Members, Mike Wardle of Brighton Corporation. This is a complaint about the speed and efficiency of the clerk's office. The day that we got to the notice of the hearing was a day that we were going over calendars and Mr. Turnbull is out of the country and would like to be here for the hearing. So, we asked for the one week and we did it the same day that we -- we received the notice from the clerk, but that was my only issue is just the speed and efficiency of the clerk's office caught us off guard. Meridian City Council September 27, 2016 Page 6 OF 53 Bird: Thank you. What's your pleasure? Is there anybody here that would like to testify on that? Borton: Mr. President? Bird: Mr. Borton. Borton: I would move that we move Item 8-A, H-2016-0092, to October 4th, 2016. Palmer: Second. Bird: I have got a motion and a second to move Item 8 -A to October 4th, 2016. All in favor say aye. Opposed? None. MOTION CARRIED: ALL AYES. B. Final Plat for Avebury Subdivision (H-2016-0108) By Avebury Development, LLC located North Side of East Pine Avenue and the West of North Locust Grove Road 1. Request: Final Plat Consisting of Fourteen (14) Single Family Residential Lots and Four (4) Common Lots on Approximately Three (3) Acres in the R-15 Zoning District Bird: 8-B is Avebury Subdivision, H-2016-0180. Josh, is that you? Beach: That is. Bird: Thank you. Beach: President, Members of the Council, this is an application for a final plat, located at -- on the north side of East Pine Avenue, west of North -- North Locust Grove, for 14 single-family residential lots and four common lots on three acres in the R-15 zoning district. The applicant and staff have been working through a couple of concerns up until about 3:00 o'clock today. At that time we -- we resolved those concerns and those issues have been resolved . So, my understanding is that the applicant is an agreement with the staff rep ort. The applicant is in the building, so you can ask the applicant, but staff doesn't have any concerns with the application. Bird: Would the applicant like to testify? Okay. Council, what's your pleasure? Got any questions for the applicant? Seeing none -- Milam: Mr. President? Meridian City Council September 27, 2016 Page 7 OF 53 Bird: Mrs. Milam. Milam: I move that we approve H-2016-0108. Cavener: Second. Bird: I have got a motion and a second to approve H-2016-0108. Any discussion? Hearing none, Mr. Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer yea; Little Roberts. MOTION CARRIED: ALL AYES. C. Public Hearing for CDBG PY 2015 Substantial Amendment (Public Service) Bird: Okay. Item 8-C is a public hearing for CDBG fiscal year 2015 amendment and I will open the public hearing and turn it over to Caleb. Hood: Thank you, Mr. President, Members of the Council. Just a quick refresher. I'm pinch-hitting for Sean Kelly. He is under the weather this evening. But on the 23rd of August he was here and told you about the potential reallocation of funds as CATCH was not going to be able to expend those in a timely manner and the Meridian Food Bank would be able to use a good chunk of that money. So, in the program year 2015 action plan f or the CDBG program, there is 13,200 dollars budgeted for -- again for CATCH for case management. They are having difficulty spending those funds and, again, the Meridian Food Bank can absorb a good chunk of them. So, we are asking that you hold the public hearing right now. We have not had any comments to date to mention. Once you close the public hearing, though, the next item on your agenda tonight would be to approve the substantial amendment to reallocate those funds to the Meridian Food Bank and with that I would stand for any questions you may have. Bird: Thank you, Caleb. Any questions for staff? Cavener: Mr. President? Bird: Mr. -- Luke. Cavener: And I know you're pinch-hitting, but maybe just some further discussion about the proposed staff recommendation. Why keep 3,200 dollars set aside for CATCH? Maybe just some further discussion about what their intention is to use those funds for. Meridian City Council September 27, 2016 Page 8 OF 53 Hood: Mr. President, Council Member Cavener, so part of the issue is just the number of families that are eligible for the -- basically it's a counseling service is what the 3,200 dollars that's left will go towards, is to counsel families that are within Meridian to get them back on their feet, whether it be assistance with managing money or for substance or whatever. But they do have some eligible families, they are just not able to find enough families that are eligible by the federal definition of being homeless to spend it. So, they are doing what they can with the families that qualif y. So, they are still doing some of that program, just not to this level. Cavener: Thank you. Bird: Any other questions for staff? This is a public hearing. Is there anybody that would like to testify from the public? Seeing none, Council? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Seeing none, I move we close the public hearing on the CDBG fiscal year 2015 substantial amendment. Milam: Second. Bird: Okay. We have got a motion and a second to closed the public hearing on CDBG 2015 Amendment. All in favor say aye. Opposed? None. MOTION CARRIED: ALL AYES. D. CDBG PY 2015 Substantial Amendment (Public Service) to the Action Plan Bird: Okay. With that we will move to Item 8-D, which is the approval of the amendment for the amount of 13,200 dollars. Council? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: In light of the staff's recommendation, I move we accept the CDBG fiscal year 2015 substantial amendment. Milam: Second. Bird: Motion to accept and a second. Any discussion? Meridian City Council September 27, 2016 Page 9 OF 53 Palmer: Mr. President? Bird: Mr. Palmer. Palmer: Given that people are in the room, I just wanted to -- before I look like a completely cold-hearted person when I vote no on it, explain that, once again, when it comes to federal dollars I always vote against accepting or spending any of them, because they don't have any. Thanks. Bird: Thank you. Any other comments? Mr. Clerk, if you would -- Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer nay; Little Roberts. MOTION CARRIED: FIVE AYES. ONE NAY. E. Public Hearing for 2016 City of Meridian Comprehensive Plan Map and Text Amendment (H-2016-0098) by City of Meridian 1. Request: Amend the Future Land Use Map (FLUM) and Text of the City of Meridian Comprehensive Plan as Follows: 1) Update the Future Land Use Map (FLUM) So That it Represents the Built Environment and Existing Land uses; and 2) Update Various Text Through-Out the Document and the Goals, Objectives and Action Items Bird: Item 8-E 80 is a public hearing on H-2016-0098, the Meridian Comprehensive Map and Text Amendment. I will open the public hearing and -- Brian, are you going to do the presentation? McClure: Mr. President, I am. Bird: Thank you. McClure: Mr. President and Members of the City Council, I'm here before you tonight to discuss a number of proposed changes to the future land use map and to the city's Comprehensive Plan. A little history for you. The previous Comprehensive Plan was reformatted and refreshed and adopted on April 19th, 2011. Since that time staff has done yearly reviews of policy statements in coordination with other departments and those have resulted in several text amendments. This is the first city-initiated map amendment since 2012 when we did the South Meridian map update. All other map amendments have been development driven. Broadly speaking, this comp plan application includes three types of changes, all of which staff considers to be for the most part clean up. Meridian City Council September 27, 2016 Page 10 OF 53 The first type of changes are those to the text of the Comprehensive Plan. Most of these are minor updates to names, references, or to inform of status of efforts -- current efforts. The second type of changes are to the policy statements in the Comprehensive Plan, the goals, objectives, and action items. Again, these are considered to be mostly clean up or status updates. Lastly, staff has proposed a number of future land use changes. Some of these are rather significant, at least in terms of their aerial on the map, but they are still clean up in terms of what the intent is. For example, a number of school and park sites have been changed due to civic land use from residential or commercial for consistency. Most of the older park and school sites in this city are also civic, so it makes sense just to be consistent in that regard. It's also important for land use analysis. I do not plan on going through all these changes. There is a lot. So, I will go through a selection of them and, then, if you have any specific questions feel free to interject or ask those at the end. This slide shows a few proposed changes to the text of the Comprehensive Plan. Green underlined text is new. Red strike- through text is removed. The first item here is just to show the city has adopted a strategic plan since the Comprehensive Plan was last adopted and that's important, so we are referencing it in the plan. The second item here is just to show you an example of what a lot of these revisions are , which is minor and reflect changes in the last five years. In this case the Meridian School District is now the West Ada School District and so this change has been cascaded throughout the document. This slide shows a few proposed changes to the policy statements in the Comprehensive Plan. The first item here is just a name change. The architectural standards manual has already been implemented and this is just for consistency. The second related item is an example of something that was added from the old design manual. When we were before you for the architectural standards manual we told you that a number of the design manual elements weren't appropriate for the new architectural standards manual and that those will be going to the UDC or to the Comprehensive Plan. This is an example of one where we have -- actually, the only one where we have pulled into the Comprehensive Plan. The third item is just another example of a simple clean up. And the fourth is just to show in some cases that the only change is who is responsible. In this case the Finance Department now has the arts and culture specialist, instead of the Mayor's office, so it's just handing off of the baton. This slide shows a few sample land use changes. The red outlined areas are those areas that have been removed from the area of city impact. The green areas are those areas that have been added to the area of city impact. And the blue areas represent changes to existing land uses. The red areas -- and in all cases these were because Ada County has already processed the change or removed this from our area of city impact or because an area that was removed made it difficult to service an area that was adjacent to it. The green -- same thing, but the opposite for the green outlined areas . These are areas that the county has already processed a change to our area of city impact and so we are just assigning the adjacent land use to that new area. The blue outlined areas, as I mentioned, are where there have been land use changes and as I also mentioned, most of these are for schools, parks, things like, where we are Meridian City Council September 27, 2016 Page 11 OF 53 changing it to civic. There is a number of other examples, such as changing an area where there is a planned unit development that allowed, for example, office in residential areas. So, we are just changing the office on that -- on that development to represent what is actually there. In all cases these changes reflect what is currently there and there aren't any impacts to the existing property. We have also added a number of elements in a map. We have changed some of the future sites for parks, fire, and these were done in coordination with those departments and we have also added the future State Highway 16 as a future road to this map . On September 1st the Planning and Zoning Commission recommended this application for approval to you. Tonight city staff are here asking for approval of this -- of this comp plan and land use map change. Moving forward we will do our annual review of policy statements next year and, then, we are also planning to do an update to the existing conditions report. With that I'm happy to answer any specific questions you may have. Again, there is a lot of changes that I did not go over. So, I will stand for questions. Bird: Council, any questions for Brian? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Brian, were there any comments or -- I guess comments that came from the Planning and Zoning when you presented this to them? McClure: Council President -- or Council President -- or Council Member Cavener, no, there weren't any changes -- or there weren't any comments or recommended changes from Planning and Zoning Commission. Cavener: Okay. Bird: Pretty nice. This is a public hearing. Is there anybody in the public that would like to testify on this? Seeing none, Council, what's your pleasure? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: I move that we close the public hearing on the 2016 City of Meridian Comp Plan map and text amendment -- I guess that's H-2016-0098. Milam: Second. Bird: Council, we have got a motion and a second to close the public hearing on H-2016-0098. Those in favor say aye. Any opposed? Meridian City Council September 27, 2016 Page 12 OF 53 MOTION CARRIED: ALL AYES. Bird: Hearing none, what's your pleasure? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: First just a comment. My appreciation to staff. Brian, I know that this is a very short presentation, but there is a significant amount of work that goes into this on an annual basis. I appreciate you coming and bringing this presentation to us tonight. I move that we accept the amended request -- or the requested amendments to the Meridian Comp Plan map, including the text amendments. That's H-2016-0098. Milam: Second. Bird: Council, we have got a motion and second to approve the text amendment. Any discussion? Seeing none, Mr. Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer yea; Little Roberts. MOTION CARRIED: ALL AYES. F: Public Hearing for Maddyn Village (H-2016-0075) by A Team Land Consultants Located West Side of N. Meridian Road, South of E. Ustick Road, North of W. Sedgewick Drive 1. Request: Annexation and Zoning of Approximately 10.398 Acres from the RUT Zoning District to the R-8 Zoning District Meridian City Council Meeting Agenda Tuesday, September 27, 2016 – Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. (Approximately 6.874 Acres) to the R-15 Zoning District (Approximately 3.524 Acres) 2. Request: Preliminary Plat Approval Consisting of Twenty-Nine (29) Single-Family Residential Lots, Ten (10) Multi-Family Residential Lots and Five (5) Common Meridian City Council September 27, 2016 Page 13 OF 53 Lots on Approximately 10.398 Acres in the Proposed R-8 and R-15 Zoning Districts 3. Request: Conditional Use Permit for a Multi-Family Development Consisting of Forty-Eight (48) Dwelling Units in the Proposed R-15 Zoning Districts Bird: Okay. Item 8-F is a public hearing on H-2016-0075 and is that you, too, Josh? I will turn it over to staff. Beach: Very good, Mr. President, Members of the Council. This, as you said, is an application for Maddyn Village. It's an application for annexation and zoning, for a preliminary plat, and for a conditional-use permit. The site consists of approximately 10.4 acres of land, which is zoned RUT in Ada county, located at 2975 and 3001 North Meridian Road. To the north we have the Parkview Christian Church and Spring Creek Assisted Living facility, which are zoned l-O. To the east we have Meridian Road and single-family residential properties, which are zoned R-8. To the south we have single-family residential properties in the Salisbury Lane Subdivision, which are zoned R-4. And to the west are single-family residential properties in the Parkway Subdivision, which are also zoned R-4. As you said, this is an annexation, so there is no current history in the City of Meridian. The Comprehensive Plan future land use map designation for the piece is medium density residential. The applicant has submitted an application for annexation and zoning of approximately 10.4 acres of land, 6.9 acres of which they are proposing an R-8 zoning district and 3.5 acres of which they are proposing an R-15 zoning district, as well as a preliminary plat that consists of 29 single-family residential lots and ten multi-family residential lots and six common lots in the proposed R-8 and R-15 zoning districts. The conditional use permit for the multi-family development will consist of 48 dwelling units, which are eight four-plex structures and two eight-plex structures in the proposal R-15 zoning district as you see here on the plat. The project is subject to the specific use standards we have for multi-family developments. There are two existing homes and associated outbuildings on the site that are proposed to remain as Lots 16 and 31 of Block 1. All existing structures that are proposed to remain with the subdivision must comply with the setback standards of the R -8 zoning district or be removed prior to the engineer's signature on the final plat. Additionally, staff recommends that the existing homes connect to city utilities and terminate their access to North Meridian Road with the first phase of development. Since the existing homes will no longer have access to north Meridian Road, the property owner will have to coordinate with the city's addressing specialist in obtaining new street addresses from the adjacent local street, which is Elsinore Way. There is an existing outbuilding on Lot 31, Block 1, that will be located within the required street yard with the subdividing of the property. The UDC restricts detached accessory buildings from -- from being located in this setback and the applicant is requesting that the City Council allow the accessory building to remain on the property in its current location. Staff Meridian City Council September 27, 2016 Page 14 OF 53 recommends that the structure be removed with the development of the first phase, unless approved to remain by City Council. The applicant has provided - - move to the slides here. The applicant has provided several photos of the existing -- calling it an RV garage that's located currently behind his home, but with the subdivision of the property and the realignment of the road as you see in the plat, the structure is going to be located -- currently is located right here, which would be considered, then, his front yard. We received a formal phasing plan and the applicant has indicated that the multi-family portion of the site will be phase one and the single-family portion will be phase two. Access is proposed for the site via one access from North Meridian Road to the proposed multi-family portion of the project and the extension of existing stub street from Salisbury Lane Subdivision, which is North Springwater Street for the single-family development. The highway district is supportive of the access to North Meridian Road and the applicant is seeking Council waiver to allow the access in accord with the UDC. If Council does not approve the access to North Meridian Road, the applicant will have to redesign the site so the proposed development could take access from Elsinore Way, which is the future local street. The applicant is proposing one common driveway in the project. The common driveway should comply with the standards listed in the UDC. Staff has reviewed the dimensions and the common drive for compliance with UDC standard. Unless limited by significant geographic feature or separated by a minimum of five foot wide landscape common area, all properties that abut a common driveway shall take access from that common driveway. The applicant is proposing a 25 foot wide street buffer along North Meridian Road. Staff recommends this buffer and the detached sidewalk be constructed with the first phase of development. The applicant has provided the required open space or 10.4 acres -- excuse me -- they are required to provide 1.04 acres based on their acreage of 10.4 for the project and a total of 1.59 acres or 15.3 percent of qualified open space is proposed, consisting of half a street buffer along North Meridian Road. Internal pathway that connects the multi-family portion of the site to the single-family portion. A micropath lot and internal common open space, which appear to comply with the requirements and the applicant is proposing to share the open space between the multi-family and single-family developments. The applicant is providing one qualified site amenity, which is required and they are providing a bocce ball court and, as I said, internal pathway, a gazebo or plaza, community garden and internal grassy area that's at least 50 by 100 feet in size . The applicant, Mr. Steve Arnold, did provide notice that they are in agreement with staff's recommendations. The Commission did recommend approval with conditions. Summary of the Commission are as follows: The applicant Steve Arnold, Kyle Enzler and Todd Tucker were in favor. Commenting were Mike Grossman, Todd Tucker, Jim Lewis, Clay Hitchcock, John Carver, Jeanette Drouillard, Joe Simunich, Nick Thomas, Wayne Brown and Janice Steiger. Written testimony was received by Ted Williams. I was the staff that presented the application. Bill Parsons also commented. Key issues of public testimony were the increased traffic onto Meridian Road from the proposed multi-family development. Increased traffic through the surrounding subdivisions that provide Meridian City Council September 27, 2016 Page 15 OF 53 access to the proposed single family development. Adequacy of the number of parking spaces proposed for the multi-family development. Adequacy of the proposed amenities for the development should amenities be provided at all due to the proximity to Settlers Park. There have been issues with irrigation water on the subject property in the past. Direct access to Ustick Road from a single family development. The impact of road construction on the proposed entrance to the multi-family project. Key issues of discussion by the Commission were the price point for both the rent for the multi-family and prices for the homes. Does the parking meet the UDC requirement for the multi-family portion. Transition from the surrounding R-4 with the proposed R-8 and R-15 zoning districts. Pedestrian pathway to the northern property and its appropriateness. Transition between the proposed R-8 and R-15 portions of the project. Direct access to Meridian Road from the multi-family portion. Appropriateness of the overall proposed density. One of the existing homes has an outbuilding that will not meet the setback requirements once the property is subdivided. The Commission agreed with the staff that the building should be removed. Duration of the road construction at the intersection of Ustick and Meridian and the impact that will have on the proposed entrance to the multi -family portion of the project. Commission did not change any of staff's recommendations. And the only outstanding issue for Council is the proposed -- the outbuilding that the applicant is proposing to keep that does not meet the -- the UDC requirements. With that I will stand for any questions. Bird: Council, any questions for staff at this time? Is the applicant here? State your name and address, please. Enzler: Kyle Enzler. 3001 North Meridian Road in Meridian. Thank you, Mr. President and City Council, for your time this evening. Steve Arnold is the applicant. He's also my land planner and I got notice not long ago that he's in the hospital getting a gallbladder removed. So, forgive me if I refer to my notes here a little bit. As -- as Josh mentioned the annexation and zoning, preliminary plat and conditional use permit of probably 10.4 acres is currently in the Comprehensive Plan for future land use designates this site as medium density residential, with gross densities of three to eight dwelling units per acre. Our overall proposed density is 7.41 units per acre and, first of all, I'd just like to -- to thank -- acknowledge the staff's help on this project. Both Josh and Bill have been very helpful and very responsive throughout this process and I feel like we are able to work together to make changes that they recommended to align the city's vision with ours and I have a lot of facts here on the -- on my notes and details that Steve was planning on sharing tonight, but in his absence I'd like to kind of share with you what our vision was coming into this project . I'm the developer. I'm also the homeowner. I live in 3001 North Meridian Road with my family and three children and a little selfishly at first we were looking to find a project in this area where we could create the kind of neighborhood that we would want to live in. We -- we love this area. We go to church in this area. My girls play PAL soccer. My wife and I play in a coed softball league. River Valley Meridian City Council September 27, 2016 Page 16 OF 53 Elementary School last year, their library flooded. We organized a non-profit event at the Kleiner Park to raise funds for the library. So, this is our community. We love it here and we want to protect and improve that community and -- and I mention this just to say how involved we are in the community and our intention coming into this was creating a plan or subdivision that both that we woul d be proud to live in, but also that would meet or exceed the city's goals and plans as well. And so if you look at the preliminary plan, at first it's a little bit -- it looks a little bit strange at first because of the placement of the two existing hom es. It kind of made a little bit of a challenge for planning because of how they initially situated those homes when they develop -- when they first built them and prior to us coming into this project, this property was under contract by another developer that had planned on demoing those two homes and really maximizing the development potential and -- and we looked at it and, of course, that was a consideration at first, but considering that we -- you know, we first looked at and estimated that that would add about 250 tons of trash to the landfill per building and that also by keeping these units that we could create a natural buffer between -- and a good progression between -- from the single-family to the multi- family. So, if you look at -- on -- we are pretty close to Meridian and Ustick there. On the northeast we have two major arterials. On the corner the church is zoned out and the retirement home -- both zoned L-O and the multi-family you're proposing out on Meridian Road, we felt creates a -- kind of a natural transitional use for a more intense use transitioning with the existing structures and more open space down to the residential density of 4.22 . Also doing this, that required us to create more open space in betwee n these houses and throughout the project and, as Josh mentioned, that we ended up with about 15 percent of open space, well above the ten percent that was required. In designing the multi- family, some of the feedback that we got from the community initially was the concern of the traffic going out on Sedgewick, with Ustick already being the two private uses there their on Ustick, our only access was on to -- from North Spring Water, that stub street, onto Sedgewick Drive and some of the neighbors expressed concern of the traffic there and so we really tried to push the multi - family towards Meridian Road for both the reasons I already mentioned, but also to alleviate some of that traffic through the subdivision . ACHD has given us full access both directions onto Meridian Road and -- and we felt that it -- it helped to alleviate the pressure onto Sedgewick. Our multi-family project that we have developed was designed by New Design. They have an office in Meridian and we really -- this is a pinwheel design. You may have seen this on other projects where the units -- each unit is -- has an upstairs and a downstairs. So, these resemble more of a townhome look. The elevations and the heights are very similar to single-family. So, really trying to provide a -- more of an upscale multi- family project. Rents in this range estimated at 900 to 1,100 per unit and as you can see a lot of hips and valleys and colors that we felt would add to the existing community. I mentioned some of the concerns expressed by neighbors as traffic, especially through Sedgewick. We -- Sedgewick currently has about 200 trips per day and we would be adding about 290. ACHD's threshold for this road is 2,000 and our -- our feedback from ACHD was since it was so far below their Meridian City Council September 27, 2016 Page 17 OF 53 threshold that they would not request a traffic survey. However, we did conduct our traffic analysis and determine that even at peak hour we would have less than one trip every two minutes at maximum capacity. Meridian Road at peak is currently 14,000, but as you know they are currently widening Meridian to five Lanes, which will increase the threshold to approximately 33 ,000 and we would only be adding about 331 trips a day onto Meridian. And, as I mentioned, ACHD has granted us full access onto Meridian Road in both directions. So, hopefully, you can see we have -- we have put a lot of thought into this community. We are not out of state developers trying to push through. We -- we care about the neighborhood. We care about the neighbors' concerns and we really feel like this will be a great addition to the community. We appreciate staff's support and approval. We have been agreeable to all of the recommendations. We are only proposing one variance to staff's recommendation and that is the existing shop, which is currently to the west of 2975 that staff has recommended removing unless approved by Council to remain and , Josh, would you mind pulling up a picture of that? So, we didn't -- unfortunately, we didn't have this picture in -- in Planning and Zoning and I feel like this better illustrates the situation. This is not -- you can see a -- kind of an old run-down little shed on the side of it. That's, obviously, not what we are talking about. That would remove. But this is -- we have estimated the -- the replacement of this shop is about 120,000. It's 16 by 40 and it was built after the homes. As you can see, the lap siding is consistent with currently used building materials and I believe that if the colors matched the colors of the ACC for the subdivision that we could also create a landscape buffer to the west and it would be well incorporated into the subdivision. Also the current tenant of this property intends to purchase this home and so there would be considerable financial burden on him or loss if it was demolished and , of course, the demolition of that building would add about 25 tons of trash to the landfill. So, in our opinion it makes sense that even though it's different from what the existing neighborhood would be, that since it is an existing structure that there would be a variance granted in this case. Any questions? Bird: Council, any questions for the applicant at this time? Borton: Mr. President? Bird: Mr. Borton. Borton: Can you -- using this photo can you orient us in relation to the -- the proposed street? Is it running adjacent to the picture on the left and how far is the -- approximately the sidewalk and street from the door? Enzler: It's -- it's about 15 feet. So, it's actually the opposite side of the red door. The street is on the opposite side of that. So, the shed that you see in the back there, that would remove and it's about 15 feet and so there would be landscape in there, a sidewalk, and, then, the road. Meridian City Council September 27, 2016 Page 18 OF 53 Borton: Mr. President? Do you have a photograph that shows the other side of this building, facing the street? Enzler: No, I did not. It is the exact mirror of the one that you can see, minus the door. So, there is -- there is two windows -- or there is one window and no door. Sorry. He is the tenant that's concerned about this and I think he's going to speak as well. So, he's correcting me. There is two windows on the opposite side. Borton: And approximately 15 feet from building structure to the sidewalk or the street? I believe it's to the sidewalk. Borton: Okay. Bird: Any other questions? Milam: Mr. President? Bird: Mrs. Milam. Milam: So I noticed there is no play structure or -- almost 80 homes and I'm assuming that's because of the proximity to the park. Enzler: Yes, ma'am. Milam: Can you tell me the exact distance on that? Enzler: It's less than a quarter mile. It's -- it's about two blocks. We walk there almost every day, so -- I don't know the exact distance, but my two year old walks the playground there every day. Actually, that came up -- Josh mentioned that as one of the notes of whether or not amenities were even necessary here given the proximity to the park. As you can see, we -- we actually have five amenities, not a playground structure, but I believe the proposed amount of amenities was three. So, we did want to keep consistent -- number one, we had more -- five percent more open space and so I wanted to find a way to -- to utilize that, which that lent itself to those additional amenities. But in terms of which amenities we chose, yes, ma'am, we certainly took an account of Settlers Park. Milam: Thank you. Mr. President? Bird: Mrs. Milam. Milam: I also had a question -- and I don't know if it was covered or not. There is so many items on here. But earlier as I was reading there was a -- I don't know if this is for you or staff, but I guess you would probably answer it i s there was an issue regarding the management office. Has all of that been taken care of? Meridian City Council September 27, 2016 Page 19 OF 53 Enzler: Yes, ma'am. Yeah. What we discussed was creating -- taking one of the units and we can trade a -- a management office out of one of the units or a replacement of one of the units in the building and so we are prepared to follow all staff's recommendations on that request. Milam: Okay. So, you're planning on maintaining ownership of all of these buildings? Enzler: Yes. Initially I am. Uh-huh. Milam: Initially -- Enzler: Well, we -- I want to keep at least two or three of the buildings . We are individually platting them. There is somebody here. I don't know if he's planning on speaking. But he's intending on purchasing one of the bu ildings. We are individually platting them, so that -- what I really like about the four-plexes is you can live in a unit and get a residential loan on a building and live in it as your home and rent out the other units and so I have a couple people like that that are wanting to both live here that they want that to be their home and , then, obviously, get some additional rental income as a result of those. So, they are individually platted for that purpose, so that they can sell individually, but there is a governing HOA that maintains the exteriors and keeps up the property. We talked about that with staff. And so, you know, obviously, my ability to keep all of them depends on -- I'm not sure I could afford that financially. But I would love to. We do plan on keeping two or three of them and so , you know, we are very vested in it. Milam: Follow up, Mr. President? But the main reason I asked -- and -- so, you will have a management office and regardless of ownership would all apartments be under the same management and have the same rules ? Because I know that in situations where that isn't the case is where we have problems with law enforcement and -- Enzler: Right. Milam: -- other kinds of issues. Enzler: Yeah. So, the -- yes. Yes, ma'am, the HOA or the management office that manages the grounds, which is everything on the exterior and the property, that is unified throughout the whole subdivision regardless of the owners of the property. Legally we cannot force any owners to use that management company to manage the interiors of the buildings, just the exterior grounds, the maintenance, the keep up of the neighborhood HOA. Milam: How about the leasing? Meridian City Council September 27, 2016 Page 20 OF 53 Enzler: Leasing is contracted for the first two years to a leasing company and, then, beyond that, because I enter into that contract with them beyond that , we cannot dictate the interior leasing of the properties. Milam: Thank you. Bird: Any other questions for the applicant? Enzler: Thank you. Bird: Okay. We had quite a few sign up. Jim Lewis is against and would like to testify. If he would come forward. Lewis: Thank you, Mr. President, Council Members. Bird: Name and address, please. Lewis: My name is Jim Lewis. My address is 101 West Sedgewick Drive. I reside in Salisbury Lane Subdivision, just south of this project. I'd like all of you just to suppose for a minute that this was your neighborhood , because the main arterial road, Meridian Road, as you're all aware, is undergoing expansion to five lanes. While they have started with the Ustick-Meridian Road intersection, that entire length all the way down to Cherry Lane is going to be under construction until 2019. So, a fairly considerable amount of time on this project and the developer is requesting, obviously, to -- to develop this property in two phases, but -- so, we are going to have existing construction vehicles, you know, on that road and, then, the ones for developing this project, you know, accessing the multi-family off Meridian Road and, then, eventually punching through my subdivision to do the other phase for these single family residential . Salisbury Lane has about 40 residences currently. You know, once it's -- so, it's got -- first of all, we are going to have construction chaos with these ongoing projects kind of overlaying, but -- with the ACHD project. Secondly, once it is completed, then, we are going to have, you know, Sedgewick -- West Sedgewick Drive, instead of being the access for 40 residents -- 40 houses out to Meridian Road, it's going to be 69. And, then, what Mr. Enzler did not direct to you is the -- because the current access to the two residential houses is adjacent to where ACHD is going to do a U-turn -- a proposed U-turn as part of their proposal, the driveway that is going to be accessed for the multi-family is going to be 140 feet closer to Sedgewick Drive and contrary to Mr. Enzler's assertion, ACHD is only providing temporary full access, which means ACHD is reserving the right to make that, based on traffic patterns in the future, right-in, right-out, in which case they would dump traffic back onto my driveway -- I mean back onto Sedgewick Drive and I reside in the first cul-de-sac. So, those people are going to do U-turns to turn left if they need to head north. This project is the wrong project. The multi-family -- it's not an appropriate place. I know that City of Meridian is trying to develop Meridian City Council September 27, 2016 Page 21 OF 53 multi-family and I'm responsive to that. I don't think this is the right area. I think the level of congestion is going to be much more significant than what is initially conceived of, both by ACHD and the City of Meridian. So, I urge you to reject this project accordingly. Send him -- send Mr. Enzler back to the drawing board. You know, that we are not saying that -- don't develop this project, but it's -- as currently conceived it's not appropriate for the area. Thank you for your time. Bird: Any questions? Milam: Mr. President? Bird: Mrs. Milam. Milam: So, what do you think is inappropriate about this? Just the multi-family portion? Lewis: Well, I think that you have to access through the stub street. Having 29 residences, those are -- have currently -- can see the lot sizes are considerably smaller than the adjoining lot sizes on Salisbury Lane. So, I think that's a lot of congestion and it's accessing Sedgewick Drive about halfway up, which means if you're on the eastern part West Sedgewick Drive, that little portion is going to be -- have a considerable amount of traffic. I think the number of -- I think the number of units for having multi-family there is excessive and I think the number of single-family residences could be reduced from the -- from the current 27 proposed on -- in addition to the two residences that are going to remain . Milam: Mr. President? Bird: Mrs. Milam. Milam: Sorry. Not to be redundant, but -- so, you're against the Meridian Road access and you're against them using Salisbury Lane. Something is going -- or Sedgewick. Sorry. Yes. I mean something is going to develop here. How would you recommend that they access? Lewis: Well, I think that it could easily be zoned for, you know, something akin to light industrial or -- you know, that whole section of Meridian Road all the way -- you know, has -- has other different, you know, business uses or even a commercial lot there or something I think would be more appropriate or just, you know, something akin to an office complex. There is a senior care center just -- just north of there. What would be wrong with having, you know, kind of a low- grade commercial or business office complex there? That would seem to be more appropriate and a lot less traffic being dumped out onto Meridian Road. Milam: Thank you. Meridian City Council September 27, 2016 Page 22 OF 53 Lewis: Anyone else? Bird: Thank you. Lewis: Thank you. Bird: Heather Shively. She is for, but she didn't want to testify. Benjamin Shively was for, but did not want to testify. John Williams is against and would like to testify. Williams: Hi. I'm John Williams. 126 West Sedgewick Drive. And I get kind of nervous. I'm not really good at public speaking, so you guys will have to -- Bird: We aren't either. Williams: So, Mr. Enzler talked about the transition from the multi-family to the single family home and where my lot is there is no transition. There is just multi-family two stories abutting my backyard, which I understand that, you know, when you're developing there could be a single -family house that's two stories high, too, but the difference is is those people have stake in the game. When you put multi-family housing or basically the equivalent of an ap artment complex, these people have no long-term stake in the game of developing the area, making sure that they are doing the things that are appropriate and will help the community be peaceful and flourish. It's all -- it's about home values, too. Property values. I'm concerned about mine lowering because of the multi-family housing and that includes the noise that comes with it . They are talking about the burden of extra trash. I mean -- but all these multi-family housing units right there and there is trash that goes into the landfill that follows. The traffic, forcing it right in there between Sedgewick and Ustick, I mean that just seems excessive to me already. I mean it's a challenge to even get out of the neighborhood and go north during -- whether it's in the morning or in the afternoon peak traffic hours, it's a challenge for me to even take a left into my neighborhood off of Sedgewick. I mean the traffic is stopped at the stoplight and I understand they are doing the road widening project, but I don't see that really helping more multi -- when you put multi-family housing in there I don't see like a couple extra roads really benefiting that at all or making it easier, less impactful. Please bear with me. My brain is going a thousand miles a minutes here. The dumpsters -- multi- family housing, I'm concerned about possible smells from open air dumpsters. Goes along with that. I certainly -- you know, my dream wasn't to purchase my house and, then, have apartments go up behind it. I don't know a lot of people who say, you know what, my perfect scenario is to buy a house and, then, make sure and build 20 apartments around it, unless, you know, they like strange company and I don't think that the other people living on Sedgewick with their backs to that multi-family housing -- or near the vicinity of it, you know, had that idea either. We want -- I feel that if you develop it and you put some single- family housing there, I think that's perfect. I think it adds to the existing Meridian City Council September 27, 2016 Page 23 OF 53 neighborhood. I think that's a burden of traffic. We would be fine with that versus a multi-family housing and -- that was my time on there; right? Thank you. Bird: Any questions? Cavener: Mr. President, I have a question. Bird: Mr. Cavener. Cavener: Mr. Williams, how many of your -- I guess you and your neighbors the rear of your homes would face this multi-family development? Williams: From the backyard? Cavener: Uh-huh. So, is it -- are we talking about -- is it one? Is it three? Is it ten? I mean how many of the homes in your neighborhood would back up against a multi-family? Williams: I think it's -- it's two right now. Cavener: Two? Williams: But, then, you start -- you also take into account the view that we have of the mountains that these things would block. I mean we are worried about putting up trees to block the view of Meridian Road, but, you know, I have these multi-family dwellings going up to block the view of the mountains that I have right now currently, you know. Two houses matter; right? Just as much as -- as the other ones that have, you know, a single -family house backing up to it. Anybody else? Bird: Thank you. Don Farley. He is neutral, but -- Farley: Hi. My name is Don Farley and I live at 2683 North Richter Road and we are right around the corner from Sedgewick, by the way. As a matter of fact, right at the corner of Sedgewick and Richter is where my house is, so you know where I am. I have some problems that I want to talk about to night. One of the things is multi-family dwellings -- multi-family dwellings with no age discrimination at all, opens up to more law enforcement problems there in a multi -family dwelling area. I have seen it happen time and time and time again every place that I have ever seen multi-family family houses go in there has been an increase in that. The other thing is that we were talking about traffic. Right now the traffic backs up down to -- all the way down almost to Albertsons down there. In fact, I have seen it down there a couple times. There is a lot of traffic. To try to think you're going to move all that traffic with adding two more lanes -- I don't think we are being really realistic. You have got a huge intersection that is going to be Meridian City Council September 27, 2016 Page 24 OF 53 there for Ustick and Meridian and the minute that that starts going into reconstruction and gets really into it -- Ustick is going to pretty well close, for any intents and purposes. If that happens -- I'm a member of the church that's there and that church is going to lose people coming to church time and time again and it's not going to be an easy situation. It's going to be a long-term situation. I appreciate the opportunity the people have to de velop the property and I certainly would not be the one that would want to stand in his way. I do have a problem and the problems are as I mentioned and I think we need to try to come up with some other way to solve that problem for the people that are -- the other thing is I was told by the ADA -- city -- the council -- I don't know. Anyway, it's the construction up there on Ustick, the church has a single entrance and exit right now and we want to go down to -- about a hundred feet further and put anoth er one in -- another driveway. We make it really advantageous for the city, because all we have to do is put a little place up there to go in and out. I'm proposing that we make the one that's on the east side of the church, that exit -- the exit out of the middle of the church, that that exit would be a right turn only and when you get down to the other end of it, down to the west end, you may get a left turn only. Why? Because the time that it takes for a car to start as the red light change at Ustick and Meridian, all the way down to where we have the left turn, I could turn five, six cars that would not be jammed up because of here and that would take care of a lot of our problems that I see that will happen and it doesn't cost the city anything. We will take care of it. It doesn't cost us anything but a signature on a line that says approve this. They will put it in after the road is laid, so it will blend perfectly into the roads. So, basically, have access to there. Think a little bit more about what we can do to take care of the situation on Sedgewick and the development. Bird: Sir, would you summarize up, please. Farley: I will try to. Basically, the situation I'm concerned about, the fact that the multi-occupancy dwellings and I'm concerned about traffic and what we are going to have coming in for the people on a regular basis. We have rentals right behind our house right now and the Fourth of July, we had to dogs down the street and those are apartments right there. Don't have that where we live. The other thing is -- is that gives you basically enough information to summarize that. Basically the other side of it is we have a problem with turning in and out of the church. I would like to have the city look at that. We just had a -- they said, no, we don't want to do that. Who doesn't want to do that. That -- and the city told them that they didn't want to do it and I don't believe that's true, because all you have to do is look at it and it makes sense. Bird: Sir, a lot of -- we can do some recommendations on stuff that like, but it has to come through ACHD is the ones that determine the roads and the entrances and the exits. Meridian City Council September 27, 2016 Page 25 OF 53 Milam: Mr. President? Oh. Sorry. Sir, we have no jurisdiction over the roadways. Ada County Highway District is the one that makes those decisions. We do not make roadway decisions -- Farley: Okay. Milam: -- at all. Farley: I wonder why I was told this? Milam: So, the only reason that we have a decision on this particular one is because they already -- they did approve it for the -- for the Meridian Road access, but we don't have -- we have nothing over that. No decision making. Farley: For the driveway area -- Milam: For the drive -- yeah. If it goes out onto a road, like Ustick Road, we are not the decision making body for that. Ada County Highway are the people that you need to speak with. Farley: Okay. Milam: Okay. Farley: We are also looking at a really -- and that's a problem to get our people to church. Thank you. Milam: Totally understandable. Thank you. Bird: Thank you very much. Elaine Lewis is for. Did not want to testify. Todd Tucker is for and, yes, would like to testify. Tucker: Thank you, Council President and Council. My name is Todd Tucker. I live at 2857 North Fairglen Avenue here in Meridian, which is just about a half a mile to the -- to the west of this in the Crossfield Subdivision. So, just to preface this, I do work as a city planner for city of Boise and have for -- for quite some time now and I am in full support of this project. I think this is exactly what we need here in Meridian, especially at this -- in this location, it's at the -- it's on an arterial road very clear -- or close to the intersection of another arterial road, very close to a regional park, to commercial services. This is exactly where we need multi-family development, where there is access and where there is close proximity to -- to regional uses for these -- for these -- these tenants. I was going to go into the design a little bit, but Mr. Enzler covered that pretty good. I just think it's a well-designed project. The four-plexes with the pinwheel design, we see them quite a bit and it's nice, because it does put a door on every side and it puts eyes on the street and their close proximity to -- to Meridian Road. I'd like to Meridian City Council September 27, 2016 Page 26 OF 53 see them a little bit closer to the road, but I understand the setback that City of Meridian has there on Meridian Road. I think there is good pedestrian connectivity. I think there is a good connection between the multi-family and the single-family portion of this project. This is a good mixed-use project between multi-family and single-family and I think mixing those -- those uses of a multi- family and single-family makes for the community. Like I said, I live in the Crossfield Subdivision, which is -- has single-family development homes in it, it also has multi-family homes in it. I always tell the story of when I came home one day and they started building the apartmen ts in Crossfield and I had to have the same discussion with my wife that I do every day with people that come into city hall that, no, our property values aren't going to be diminished, crime is not going to rise, our neighborhood is not going to go to pot just because there is some multi-family. It makes for a good community to mix -- to mix those uses. The density is not very high, as it sits under eight units per acre. In Boise City would consider this low density residential, not medium density residential. I think that's just about it. You know, one of the -- the main reasons that I support this project is the -- the need for transit in the area. I know it's going to be quite a while down the road, but if we don't get density in these areas specifically on arterial roadways, we are never going to get transit and I want to be able to ride the bus to work and not have to drive so far and the way that that is driven is through -- through density. When there is more density in areas, then, that's when transit is going to come. I know it's going to be a while, but, still, if we don't get it now it will never come. So, that's the main reason why I'm supporting this project is -- is the need for -- for transit in this area and I think this is going to help lead to that. Bird: Any questions for Mr. Tucker? Milam: Mr. President? Bird: Mrs. Milam. Milam: Are you the one that was purchasing one of the units? Tucker: No. That's not me. Milam: Oh. Okay. So, you don't have any personal interest in this? Tucker: I do not. No. Milam: Thank you. Tucker: Thank you. Bird: Mike Grossman is neutral and would like to testify. Meridian City Council September 27, 2016 Page 27 OF 53 Grossman: Thank you, Mr. President, Council. I am also a rookie at this. My first attempt -- Bird: Name and address, please. Grossman: Oh, I'm sorry. See what I mean. Mike Grossman. 3056 Northwest 3rd, Meridian, Idaho. I did have my initiation in front of Planning and Zoning, so I will try not to mess this up too much. Three of the things that have been addressed -- I have some notes and I will try not to go past my limit here. But three of the things that have been brought up that I'd like to clarify. On the outbuilding situation, that was somewhat discouraged by staff because no one else in that single level area is going to be able to have an outbuilding. So, that's the only thing I would like to address about that. The multi-family is just a real tough situation. It's just not a right situation and I'm sure if you ask the police officers and the people that have to govern that, would they like to contact ten people -- if it was under one management roof, then, maybe it's different, but if you have ten units and I own one and Joe owns one and dah, ta dah, ta dah, it's - - it's just -- it's a terrible situation. The transit -- and I don't want to be disrespectful, but the transit subject that was just brought up is I think somewhat very invalid. You know, city of Boise can't even get that under a situation or the whole, let alone one little area in Meridian to make transit more appealing. So, I would like to say on the other notes, Planning and Zoning, when we went before them, I didn't quite, me being a rookie, understand how that two out of the five voiced their opinions -- and I don't know if you have those opinions , but they voiced opinions that they felt very uncomfortable with this project and they voiced both of them separately and, then, I don't know if it was peer pressure or what, all of a sudden they went ahead and voted to pass it. So, there is some issues here. One of the issues is -- sorry and I got out of order here. Let me look here. I think it will somewhat -- not to say -- I'm not so much against a single level, although I would have liked to have seen some pictures from this developer as to the quality of his homes and that. I think it could bring down the property values, because the majority of the area you have to understand -- and if you don't live over there I know it's probably hard to visualize, but the majority of the area over there is R-4. So, we want to go from an R-4 density to an R-15 density and, oh, yeah, well, we come up with an average of R-7. Now, okay, that's really impressive and doesn't mean a lot to me, so -- I would like -- my suggestion is the multi-family area, I would rather it be zoned commercial like it is right down the street. Less traffic, less trips and also the fact that I want you to understand that you're getting on ACHD and we know they never make mistakes, but that road survey is from 2010. Now, nothing's happened since 2010 in Meridian, Idaho. Oh, by the way they are taking houses out at my intersection. So, I got two more quick things if you will let me. I'm sorry. The other concern I have about the multi if you move forward, it wants to be the first phase. I'm a little -- little nervous, that, okay, we build the first phase and, then, all of a sudden we really don't want to do singles, so let's try to rezone it for more multi's or let's leave town or whatever. So, if you're going to zone it rezone it for all single-level. Meridian City Council September 27, 2016 Page 28 OF 53 It helps on the traffic and the poor people at Sedgewick, if any of you go by -- down Meridian Road north to Ustick, there is a sub -- an apartment building called Heron Village. ACHD evidently approved that or it wouldn't have happened. If you go by that now, look at the streets, Blue Heron and that street has become a commercial parking lot for that development and th at's what's going to happen to Sedgewick and I know everybody says, oh, it will never happen, but it will happen, because there is not enough places for people to visit those multi-plexes. I appreciate you letting me go over. Bird: If you can summarize -- Grossman: Any questions? Bird: Any questions for him? Thank you very much. Grossman: Okay. Thank you. Bird: Nick Thomas is for and he would like to testify. Thomas: Nick Thomas. I reside at 2975 North Meridian Road. The second home in question here. Mr. President, Council, I do have personal interest in this project. I think Mr. Enzler, even though I have not -- I have not known him for a very long time, I know he has a good interest in our community and in the project itself. Personally I have been in the homebuilding industry for over 15 years. I work for a local homebuilder. I understand and appreciate growing up on a farm, on a dairy farm, my grandfather's farm was just a stone's throw to the northwest of this that is now houses. I understand what happens with urban sprawl and with growth, but that is life. So, I have come to embrace, so why not be a part of it. I appreciate that Mr. Enzler is maintaining the integrity of what's existing and not being wasteful. There are a few reputable builders in town that try to maintain this in keeping existing structures and -- as a part of the community. My only request -- my biggest request, the RV garage is a nice building, it would be impossible to duplicate. I understand and appreciate concerns that others in the community do not have one, but in 20 years if I plan to move south where it's warm they are more than welcome to buy the property from me, so the opportunity will be there. As Mr. Enzler stated, the cost of this structure to demolish it, not only due the waste, but the value of the property and the community would decrease. I would just request that we consider -- that you guys, the Council, Mr. President, consider deeply the waste that would be taken into effect if it's demolished. As an architectural designer I have great appreciation for structures and making sure they look good . Even though the building is not very old , according to the CC&Rs and ACC approval, I have plans to dress it up and make it look as an integral part of the community. Thank you. Meridian City Council September 27, 2016 Page 29 OF 53 Bird: Any questions? Okay. Kyle Jones is for. He didn't want to testify. Craig Chidley is for, but did not want to testify. This is a public hearing. Is there anybody that would like to testify? Come forward. Haas: Thank you. I'm Shane Haas. I live at 115 West Sedgewick. I don't have a whole lot to say. I think Mr. Tucker said it best. I do think, you know, living on Sedgewick, I think this is a perfect spot for multi-family housing, as well as to increase the subdivision. My primary reasons for that is I work at St. Al's as a physician assistant and I have a lot of school debt from that and I would like to be able to afford a nice place to live where I'm at now and I could buy a house and I could take on more debt, but I would rather not and I just want to be smart with my money and with my family, I have two young kids, and I think this provides an opportunity for people who are fiscally responsible to live in a great area next to what I think is the crown jewel of Meridian, which is Settlers Park. So, for me personally I think this is a great opportunity to afford a house and they say -- you know, they keep referring to renters and renters and renters and, you know, we can't classify everybody the same. There are some great renters. I have been a renter for a long time, all through school, and I took care of my properties and I think renters loved me and, you know, tried to keep me around, you know, when I thought about moving on and so I don't think renters are a bad thing and I honestly think if you drive down Sedgewick Road there is some houses that could use an HOA that kept up their property as well as the HOA will keep up this multi-level housing. I think the exterior will be more beautiful than some of those houses on Sedgewick, so I don't think it's a concern of looks. I understand the traffic burden and I think, you know, that's not going to be as severe as some people think. But me personally I think this is a great place for multi-level housing and I think it will turn out to be a good thing for the community and I wish that we would stop classifying all renters as, you know, pedophile sex offenders or whatever we think they are, because they are not. So, that's all I have to say. Bird: Thank you. Any questions? Milam: Mr. President? Not really a question , but more of a comment. I am a landlord -- Haas: Sure. Milam: -- so I -- I have some amazing renters, so just so you know, we don't -- Haas: Yes. Milam: -- sit up here and judge and think poorly of -- of -- Haas: Of course. Yes. Yeah. Thank you. Milam: -- anybody who rents a home, so -- Meridian City Council September 27, 2016 Page 30 OF 53 Haas: I appreciate that. Milam: -- I have some that I really try not to let go. Haas: So you know that renters aren't necessarily a bad thing. Milam: Absolutely. Haas: So -- all right. Bird: Thank you very much. Public hearing. Anybody else that would like to testify? If not, Kyle, you got the last word. Enzler: Thank you, Mr. President, Council. Just a couple points that were brought up by members of the community that I wanted to address. In terms of multi-family backing up to housing, part of the reason that we pushed as far as we could the multi-family to the front was to avoid that. So, there is actually one - - only one residence -- one or two that has -- and it's not even a direct, but has a partial -- partially abuts to the multi-family. The heights -- the elevations for the subdivision are 35 feet. Our elevations are 28. So, again, we took that into consideration when planning these and the fact that the pinwheel design -- I think for those that don't understand multi-family, I may have not explained that well, but the way it works is there is a center point and there is a building on each corner. So, there is a door on each side of the house, which in this case -- and there is an upstairs and a downstairs. So, there is not a balcony for the four-plex that backs up to the one single family. It's no different than having a single family home behind you. In fact, it's actually -- it's actually less obtrusive, because it's not the same height, there is no balcony looking down into your yard, there is just the one front door on that side. In terms of the dumpsters, of course, we plan those to be as far away from the single family as we can. One thing that was brought up that the church to the north of the property contacted us and asked us for connectivity to the church and in talking to Josh and Bill , we thought that that was a great idea to, again, incorporate that community feel. So, we have -- we do -- based on that request have created a pedestrian path and connectivity to the church lot as well. In terms of parking, two units -- or two parking stalls per unit is required, which is a total of 96 parking stalls. We have 101. And, of course, based on City of Meridian requirements will be a significant landscape buffer between Meridian Road and the complex, as well as a fence. Lastly, I don't feel like I -- I properly addressed the concern that was brought up in terms of who is managing these properties. As I stated, there is -- very, very similar to a single-family neighborhood. You know, an HOA can govern the entire neighborhood and if they have strict HOA guid elines and a community that cares about it, they can maintain the exteriors and the look of the neighborhood and feel of the neighborhood, but they don't have a right to govern who is in the house and I think that Shane coming up here speaking is a great example of the Meridian City Council September 27, 2016 Page 31 OF 53 potential of what we have with individually parceling these properties , where you have somebody like that who is treating this as both his primary residence and also eventually will be managing the rest of the units and I think that that prov ides a great mix of community and I think it will provide for a great product and I don't see any additional issues with that. But I think that covers all the additional remarks. Any other questions? Bird: Any questions of the applicant? Milam: Mr. President? Bird: Mrs. Milam. Milam: Regarding your -- your management, I guess what I had in mind was a lot of these complexes with multiple four-plexes that are individually owned, do you have authority to -- for leasing terms, so that they are -- the rents are the same, the screening is the same, so that when it is sold to some out-of-state owner, who doesn't really care and just, you know, takes an application over the phone or whatever and -- the point is have uniformity and make sure that everybody in that whole neighborhood remains in a -- a good space, a safe place. Enzler: Yeah. Yes. I -- and to the extent that we can legally do that, of course, that's our intention. We have already talked to a management company -- a good management company in town, have them on board, and, you know, like I said, I plan on owning them. So, just from an investor standpoint as well I want to maintain the integrity of these buildings and the community as well. So, to the extent that we can legally do that we will do everything we can to keep that conformity. Bird: Thank you. Any other questions? Thank you, Kyle. Enzler: Thank you. Bird: Council? Cavener: Mr. President. Bird: Any questions we need? Mr. Cavener. Cavener: I have a couple questions for Justin, if he -- Bird: Okay. We will ask Mr. -- Justin up here. He's sitting on the wrong side. I didn't seem him. Lucas: Mr. President, sorry about that. I should have sat in my normal spot. Meridian City Council September 27, 2016 Page 32 OF 53 Bird: Yes. Lucas: For the record, Justin Lucas representing Ada County Highway District. Business address is 3775 Adams Street in Garden City, Idaho. Cavener: Mr. President. Justin, one of the members of the public that testified talked about an ACHD U-turn project. I was hoping you could maybe provide us with a little more context about that proposed project, where it would be, what it would entail. I think in light of this development it's very pertinent. Lucas: Certainly, Mr. President, Members of the Council. As you're aware, the Ustick and Meridian intersection is currently under construction. They are doing a lot of utility work and other things out there right now. In association with that project we are rebuilding and widening the sections of Ustick between Locust Grove-Meridian and Meridian and Linder. So, it's a two-mile project with an intersection between. Also in short order we are planning to widen Meridian Road between Fairview, Cherry, and this new intersection. That will be completed by 2019. I think that was already stated. So, as part of that intersection project -- and in the ACHD staff report I believe there is an exhibit, if you would like to look at that, if you can access that in your pocket. When you head south on Meridian Road there will be a U-turn opportunity, which is like a protected U-turn, there will be a -- kind of a little median area where you can go in and turn around. So, you could head northbound on Meridian Road and I believe it's on page -- let's see here. Page seven of the ACHD staff report that kind of indicates how that is laid out and the -- the issue with that was that the applicant's proposed driveway was basically directly adjacent to this U-turn pocket, so that would prohibit them from getting any left -- left out access onto Meridian Road and that's why in the staff report it recommends moving that driveway location for the multi-family section of the development further south. It recommends about 140 feet south. I still believe that's over -- it's about 346 feet north of the Sedgewick Drive access, though. So, there is still about a football field between the -- the -- to the driveway and the -- the existing Sedgewick Drive. And look at this, we have got it up here in front of us and we are going to go down the page. That right there. There you go. Thank you very much. So, you can see the proposed driveway, the U-turn access. The project terminus. And so the -- this -- the applicant is proposing to use this kind of existing location for the driveway and ACHD asked them to move it down. That is not an exact location where I just drew that, but that is an indication of the further south . Does that help clarify that a little bit? I could certainly stand for any other questions. Cavener: Mr. President? Bird: Mr. Cavener. Meridian City Council September 27, 2016 Page 33 OF 53 Cavener: Justin, a couple other questions. Ridge Haven Way, which is I guess maybe a quarter of a mile west of this -- the adjacent homeowners association of Sedgewick, do you know is -- and maybe staff can pull it up on a map so you can see. I just was curious if you knew what the future plans were for -- for that particular road, if it's slated to connect out to Ustick or if it's set to terminate where it is? Lucas: Ridge Haven Way. Cavener: Ridge Haven W ay. So, if you follow Sedgewick all the way to the end, I believe that would follow the -- my eyes are -- Luas: So, certainly, if you -- just zoom out a little bit, Josh. You know, connectivity in this area I would call it a challenge for the resident s of Indian Rocks, Claire and Sedgewick. This developed portion of Meridian has developed, you know, all the way through about a half mile deep, but has no way else out, except back onto Meridian Road. Now, in the future there will certainly be opportunities to access Ustick from this area. One of those opportunities is going to happen at some point through this connection here , because you will have 3rd Street. Venable Lane at some point in the future --whether it's Venable or some other adjacent access point, the idea is to have connectivity up there at the half mile and it's very likely that you could see another connection point onto Ustick Road at some point in the future. All of that would be determined through the development process and the platting process. You would have an opportunity to see how that plays out and certainly connectivity in and through this area is critical in the future. Cavener: Mr. President, one last question. Bird: Mr. Cavener. Cavener: Justin, I remember as a kid growing up in my neighborhood there was -- the street ended and there was this big yellow and orange like fence with a sign that said this road to be extended in the future and that sign sat in my neighborhood for the whole time that I lived there as a kid. My question is do those signs still exist and when I see it at Sedgewick and it looks like Spring Water, which is one more street -- correct. Right where the arrow is. On streets like that does ACHD place that same type of a fence and a sign that says this road to be -- well, there is an easy way to find the answer to that. Lucas: Josh is hitting home runs tonight. Cavener: He is. Lucas: I have got to get him on the payroll. Mr. President -- or Councilman Cavener, as you can see there is that barricade that's placed there. I think it's a Meridian City Council September 27, 2016 Page 34 OF 53 relatively standard at ACC requirement that the barricade goes up and the sign goes up that says this road will be extended in the future . Now, how long that sign might last and how long that barricade may be there, ACHD has no policing policy related to that and so it's very likely that those signs go up -- I can almost guarantee they go up when the subdivision is completed. How long they stay is a completely different situation. Bird: Thank you. Any other questions for Justin? Milam: Mr. President? Bird: Mrs. Milam. Milam: This may have already been answered, but, Justin, from the a ccess point for this project, what is the distance to Ustick? Lucas: That is a good question, Mr. President, Councilman Milam. I'm looking here in my report to see if I have a distance from Ustick on that driveway. Ustick- Meridian intersection. Bird: The existing one? Milam: It looks like 640 feet. Lucas: Yeah. I believe the existing one is over 600 feet. Bird: Yeah. Lucas: The proposed driveway, which is required to be moved, would be an additional 140 feet south. So, you're looking -- yes. Yes. Exactly. And thank you for pointing that out. There was no -- there was no modification to ACHD standard policy as part of this application. Milam: Thank you. Bird: Any other questions for Justin? Again, thank you very much, Justin. Cavener: Thanks, Justin. Lucas: Thank you very much. Bird: Council, any other questions or answers we need while the public hearing is open? Borton: Mr. President? Meridian City Council September 27, 2016 Page 35 OF 53 Bird: Mr. Borton. Borton: Are the two existing homes that are remaining to be included into -- with CC&Rs with the rest of the single family? Beach: Correct. Typically we don't -- staff doesn't typically have that as a requirement that there be an HOA, but that's just typically how the developers do things. With a subdivision like this I would imagine that that's what they would want to do is to have them included in the existing -- I mean as far as -- as far as an HOA goes it seems like that's what they would want to do, as opposed to removing two homes from a development , but that's a question for the applicant for sure. Borton: And, Mr. President, the reason I ask is -- and the applicant might comment on this -- is the utilization of that might permit some landscaping requirements if the -- if the shed were to remain adjacent to the public street and there is going to be a commitment to landscape it in some fashion, if it were to remain, that the CC&Rs would enable the residential new homeowners to ensure that continues. Bird: Mr. Borton, would you like the applicant to come forward? Borton: I think he wants to. Bird: Kyle, would you come forward, please. Enzler: A long way to come for a yes, but, yes, sir, we -- it is actually in the reports that we talk about the HOA for the residential, as well as the multi-family, and the fact that the two residential existing homes will be incorporated into that and a part of that HOA, which is why I was making the comment about the existing lap siding and making it cohesive with the architectural control standards for that subdivision. Borton: Okay. Enzler: So, yes, sir. Borton: Mr. President? Bird: Mr. Borton. Borton: I thought you had made it to some -- I don't know if there is a landscaping commitment. Do you have ideas on what you would intend should that remain? And the reason I ask is the minutes from Planning and Zoning don't really reflect the real robust discussion about the shed. The hearing was closed and, then, there is discussion about it should be removed as it's noncompliant Meridian City Council September 27, 2016 Page 36 OF 53 with code, but it didn't seem like there was -- and maybe because the picture wasn't available, but there wasn't a lot of discussion on if it were to remain what would you anticipate being the best way to ensure landscaping is maintained? Enzler: Yes, sir. So, that side -- if we look at that picture again, you know, I think that it's not -- this isn't something that's a complete eye sore that we are trying to hide completely. I think just following the standard guidelines of the -- what we are -- what we are land -- proposing the landscape throughout the subdivision, just following that same thing along the side of that will provide enough of a buffer, but we would certainly be open to staff's recommendations on, you know, what -- what we should do there to make it appease the city. Borton: Okay. Enzler: You know, I personally -- part of the -- part of the reason it doesn't fall within the setback is because of where the street is, they are calling that the front of the house. While there is still -- there still a front of the house where you walk to the front of the house, it's just being called the front of the house because of how it's situated a little bit oddly and so that's -- your access -- the driveway access actually -- and if we pull up a different plan. It a ctually curves in front of that around to the front of -- what I would consider the front of the house. So, I don't think that this will be a whole lot different than say the lot to the west and , you know, driving in, looking at the side of their house, which backs up to the community gardens there to the east. It's not going to be a whole lot different than viewing that side of the property and so I think that in that case , you know, there be no landscape requirements for them to, you know -- what's the word I'm looking for? In front of their side. So, I think anything that we do is going to be additional. I think even if you didn't do anything I don't think it would look weird or awkward, I think it would still blend in the community, but I am certainly prepared to do more than that. Borton: Okay. Thank you. Enzler: Yes. Bird: Any other questions for the applicant while we have got him up here? Thank you, Kyle. Enzler: Thank you. Beach: Mr. President? Quickly, if I may. So, in discussing this with staff and with the legal, staff's recommendation, as you see in the staff report, is that that be removed. Having said that, it doesn't meet the UDC and because this is annexation typically we are a little bit more strict as far as staff goes with making sure that anything coming into the city meets current code . The mechanism -- and I'm not sure of their -- the difficulty with this is the applicant has mentioned a Meridian City Council September 27, 2016 Page 37 OF 53 variance to allow the outbuilding to remain. That's not really a mechanism that we -- or that the applicant has applied for. It would be that the findings that staff has to make is that there is a -- there is a harm -- there is a hardship with the application. In this case it's a self-inflicted hardship, because they are designing the project so this building that's existing doesn't meet the standards of the UDC. Likely there is a way to design this so that there is not an issue in keeping the building, but the way that they have done it means that it doesn't meet the standards. You mentioned a lot to the west and depending on how these proposed homes would be designed, this would still be the front yard setback, even if the home faced east, if that makes sense. And, then, this would still be the side yard setback. So, they would not be allowed to put a building out here, even if -- even if technically it's the side of their home. So, I'm sure you understood that, but I just wanted to make sure you understood staff's kind of thought process behind requesting that that be removed. Borton: Okay. Chatterton: And, Mr. President, Council Members, just maybe to add to that a little bit. The issue with the shed is not aesthetics. I think it's fine looking. It's where it would be located. In the front of the yard does not, as Josh said, meet code. We don't have a variance application, as Josh said, that -- you know, let's fast forward on this a little bit and not hold out false hope. We don't know how a hardship could be demonstrated. So, we just want to clarify that, that that's really the reason why staff and P&Z recommended that that building be removed. Perhaps there is a cure, so that this structure could end up not being in the front yard. That would require going back to the drawing board on design. Borton: Mr. President? Bird: Mr. Borton. Borton: So, it's -- that makes it sound like we don't have the authority with what's in front of us, because there is no variance application to grant the request, even if we wanted to. That -- Chatterton: Mr. President, Council Member Borton, if Mr. Nary wants to weigh in, but I don't believe that you do have the authority. Bird: I don't think we do. Nary: Mr. President, Members of the Council, Council Member Borton, you know, we talked about this and -- and Mr. Chatterton and Josh are right, that a variance doesn't apply. The state code is very specific about when variances can be done and they are required to be a hardship that is based on the topography of the -- of the property, not because it's expensive and not because it's inconvenient. So, that's -- that's the problem is -- as Bruce said, fast forward, Meridian City Council September 27, 2016 Page 38 OF 53 even on the variance, there is no logical reason why you can make that finding, because they have designed it this way. It's unfortunate Mr. Arnold isn't here, because my assumption is is he's the designer and I don't know if he has looked at variations of this property and other options of how it could be laid out and not to, then, put this building in the front yard adjacent to the street, which we don't allow anyone else to do. And we have had many occasions over the years that people have built structures of this type in their front or side yard setback s and we have required they be removed after they have been built. So, it isn't unusual for us to run into this problem, but they have come and asked and they have asked this Council to grant a variance, because they didn't realize they built into the wrong place, they didn't realize that it was too close, or it was in the front yard setback because, again, it isn't the location of the house -- of the front door, it's the location of the property in relation to the street and each time the Council has denied it, because, again, it's the hardship they have created, not the hardship that the land's created and the state statute is crystal clear on that. Borton: Mr. President? Bird: Mr. Borton. Borton: A procedural question then. If that's the case, this would be something that I would have anticipated would be discussed and presented to the applicant well before P&Z, but if there is -- I didn't see that -- I didn't -- I believe I missed -- Beach: There was a staff condition that they remove the outbuilding, because it doesn't meet the UDC standards and they were aware of that at the pre - application meaning. Borton: Not necessarily that, but the only path, were it to go forward, is you have to have a parallel variance application. Whether or not it would be granted, they could at least always make an application to at least get it before us . Whether the findings could be made is another question. But to, then, give us the authority to even grant the request -- so, procedurally, it sounds like with what's before us we couldn't grant it if we wanted to, when it would necessitate that application to come along with this, and if that's the case, I hope the applicant was told that. Chatterton: Well, Mr. President, Council Member Borton, we always counsel applicants on ways to achieve what they want to, even if perhaps staff isn't in agreement with that. In this case that would not have been something we would have counseled, because we didn't see a success at the end of the road for them. I mean that would have been perhaps laying out a false hope. I mean we could have done a variance application , perhaps that should have been done. You would be able to on this application condition I believe -- Josh and Bill, correct me if I'm wrong -- condition that either they apply for and receive a variance in the future, obviously, past this hearing, or remove the structure. Meridian City Council September 27, 2016 Page 39 OF 53 Nary: Mr. President, Council Member Borton, I mean Bruce is right, I mean certainly if -- if -- if that's an issue you can make that a condition of the final plat, that the building either be removed or they apply for a variance , because it doesn't qualify. Bird: We have done that before, I believe. Nary: We have. Bird: Am I not right, Bill? We have done that before? Nary: Yes, we have. Bird: Mr. Palmer. Palmer: Yeah. Mr. President, I -- correct me if I'm wrong, but, Josh, in your initial presentation when you mentioned the building the first time, didn't you say unless Council grants a waiver? Beach: Correct. But that does not give me the authority to say you can grant a waiver. That's a legal question. So, that's Mr. Nary to answer that and we never really have. Palmer: Unless Council can -- or unless Council does, but I'm not saying if you can. Okay. I'm wondering if the applicant -- you heard this before just now. Enzler: Yes. Thank you. I guess I'm a little confused, because I was in that -- that meeting and I -- of course, we were told that because of the requirements staff has to say -- that they do not approve of that structure, but that we could take it to Planning and Zoning and City Council and that they could make a decision otherwise and so I'm looking at page nine here. Staff recommends that the structure be removed with the development of the first plat -- or first phase unless approved to remain by City Council. So, it was always our understanding -- and, in fact, off the record there was a comment made that quite often that happens. I'm a little confused by what was just said. It sounds like this never happens and it's never approved and that possibly City Council doesn't even have the authority to approve it -- to approve that, which is very confusing to me given that it says on here at page nine -- unless approved to remain by Council. So, I'm confused why it would even be a part of our application this evening or in planning and zoning if that were the case. Nary: Mr. President, Members of the Council -- so, the only other alternative we could think of in looking at this, because it's an annexation a pplication, not an existing parcel within the city, is we have occasionally been able to annex properties with existing uses and allowed them to remain for a period of time. Meridian City Council September 27, 2016 Page 40 OF 53 The applicant, from the testimony, wants it to remain forever. That has not been commonly accepted. There has usually been a sunset of when that can remain or that it cannot expand. If it is removed it has to -- once it's removed it's removed forever or there is some sunset to when it has to be moved to another location or removed entirely. So, you could condition that in a development agreement as to a sunset, but it hasn't been common and you have had people ask for a -- not a variance, but an acceptance of a nonconforming use on a property when it generally has an expiration to i t and the applicant has said they don't want to ever remove it. So, I guess that's the conundrum that we are at as to -- the only mechanism you could choose that we could create into the development agreement will still have a requirement that it be removed at some point in time. I don't know what that is, but that's something you could discuss and make that a condition. Palmer: Mr. President? Mr. President, Mr. Nary, could we set that sunset for 2116? Nary: As long as you're willing to do that f or any other person that asks. Bird: Mr. Nary, thinking back, we have -- and I don't know whether we can do this with a building or not, so -- but we have grandfathered things in that -- that was on the existing property and, then, if they have it damaged and they want to add -- or if they want to add on or something like that, at that point, then, it goes away. We've done that -- I think we have done it with buildings, but maybe some of you guys -- the rest of you guys can help me with that. But I think we have done that, but if you -- if you modify it or add to it or anything else, then, it's -- the original is gone. We have done that before. Is that legal? Nary: Mr. President, Members of the Council, that's as I was saying, is that's something you could put into a development agreement, but commonly that's -- what you just said, Mr. President, is one of the conditions. Normally it can't be rebuilt, even if it burns down it's gone, it doesn't get -- it doesn't get rebuilt. If they want to change it, expand it or anything like that, they are not allowed to do that and there is a sunset clause at some point in time that it either needs to be removed or -- or it needs to be relocated on the property. So, those are the normal conditions that you have had in those types of things. Again, a variance wouldn't apply in this situation, but you can at annexation make that determination, it's just providing some path as to when that non-conforming use goes away, because you will get other people saying they have it in the front yard, I want to put mine in the front yard, and we have not allowed that in other places, so -- Bird: And that -- that would be attached right to the plat -- right on the plat. Nary: Not on the plat. It would be in the development agreement. Meridian City Council September 27, 2016 Page 41 OF 53 Bird: In the development agreement. Okay. Nary: Yeah. Milam: Mr. President? Bird: Mrs. Milam. Milam: I have a question. Bill, so what would be an appropriate sunset on something like this? If it’s not a hundred years, what is it? Five years? Fifteen years? What -- Nary: Mr. President, Members of the Council, Council Member Milam, I mean it really is -- most of them have been -- and this is a small phase development. So, many times those been based on the phases in the phasing plan, based on a number of years. Five or ten years has normally been about the number the Council has chosen, but many of those are large-scale developments that plan to develop over a five or ten year period. So, it's usually before the final phase that that has to be removed. That's probably not practical in this particular instance. So, it really is up to the Council on how long you want a nonconforming use to -- because what happens is -- for example, you set it at ten years. The property owner now sells it in two. Now, it's in the development agreement, they should know at eight years they are going to remove it, but they are part of this conversation. So, that becomes the code issue and the enforcement issue that we have to deal with in the future. So, I would suggest not extending it very far out, because it does make it problematic to enforce at a later time, because it may be someone else that's standing in front of you. Palmer: Mr. President? Bird: Mr. Palmer. Palmer: Mr. President, I think should Council decide it would be appropriate for the building to stay that we should word it however we have to or decide to to let him keep it, given that we would for anyone else in a very similar situation where it's not right up against Meridian Road , it's facing properties that don't exist yet, that somebody goes to build a house they're going to know it's there and so it's not that they won't even build one or there is already a bunch of houses around it, it's his property to begin with, if somebody wants to -- to buy the property move in, build a house, they're going to know it's there, it exists, that it's going to be there and that it's -- it's not going to surprise anybody. And so this -- I think this would be a very uncommon situation for us to encounter, but that if we did in the future it's one that makes sense. Bird: Any other discussion? Thank you again, Kyle. Council, any other discussion before we close the public hearing? Meridian City Council September 27, 2016 Page 42 OF 53 Mr. Palmer: Mr. President, I'm curious to hear the -- if he has any comments, the guy that would like to hold onto it, given the new light on the situation. Thomas: I'm always welcome to talk. Mr. President, Council, as I stated earlier, I believe I'm under the firm belief that if something isn't doing any harm to anybody and if it was put there for a reason for use, what -- why -- because someone comes up with a law -- no offense. Laws are there for a reason, but -- or a variance or a code or something just for the sake of compliance, I find that to be truly wasteful. In this instance the garage will be utilized not -- not just --not as a project or a warehouse or a place of business or anything, but it will be used as a garage to store a vehicle and I don't -- a recreational vehicle due to its size, which, as you will find throughout the city, throughout the county, most communities are requiring these vehicles to be within a structure. This would comply with those. Just the size of this community and the size of the homes isn't going to allow it. Nobody's going to come and say we want to build a garage in the front yard. It's not going to be possible. This one just happens to exist. Bird: Thank you. Any questions? Borton: Mr. President? Bird: Mr. Borton. Borton: You make great points. The applicant makes great points as to this issue. The -- the reason the variance question comes up is you're making a great argument in support of a variance application, right, which is not before us and the reason we have that particular carved out rule is to ensure if there is going to be something uniquely done, that perhaps the conditions -- you know, or an emergency circumstance or unique circumstance, the findings that -- that Council has addressed that we can make those findings to warrant justifying not complying with the existing code. It sounds like if that application were in front of us, it very well might be granted and one of the comments that one of the paths to a solution that legal counsel identified is the idea of -- and I think the staff report kind of hints at that, is it can stay if permitted by Council and I don't know if -- you made a comment about it's either -- it's removed or a variance is obtained prior to final plat as perhaps one solution. That might be something that allows an application like this to go forward. The catch is a variance application would still need to be filed and run through and if the support for it and those unique circumstances with the geography and limited access points all exist , perhaps the variance would be warranted and the building stays and you don't have to monkey around with the DA and sunset clauses and things like that. I don't know the timing of the project and if -- if, you know, that type of condition is even acceptable for something like this, that a variance be approved or it's removed prior to final plat. Meridian City Council September 27, 2016 Page 43 OF 53 Nary: Mr. President? Mr. President, Members of the Council, Council Member Borton, maybe add onto that -- and I'm not trying to say this is the same type of thing, but we did -- you know, we did annex -- we did approve an annexation for the Maverick property at Locust Grove and Fairview with non conforming uses of those billboards and we set a sunset clause. They can always ask for a variance. Doesn't mean -- it doesn't have to be tied to the final plat if you don't want it to be. You can set a sunset clause -- I think in that one it's 15 years or is it ten? Ten. So, that one is ten years. The Maverick can come in at five years and ask for a variance and they can still do that. So, I mean you can tie it to final plat or you can advise them that the furthest out we have set any sunset was ten years. We have a few minor structures that we have allowed where people have, for lack of a better term, lean-to garages to their house and we have basically put sunset clauses or we have put the -- they can't be replaced in that location, they have to be relocated. So, I mean there is a couple of variations you could do to allow this to remain for a period of time to be consistent with your other applications and not put -- put future councils at some more difficult to manage time period of 25 years or 50 years or something like that. Bird: Thank you. Borton: Mr. President? Bird: Mr. Borton. Borton: The reason I asked the question, one, rules matter. As long as you follow those consistently, but it sounds like a structure with those conditions as part of the CC&Rs, it seems fine me to stick around. I just want to make sure that it's done properly and if it requires a variance that that gets done. Bird: Mr. Borton, I think that we did with the Maverick -- you know, we give them a ten year to come back and get a variance if they want ed to up to ten years, so we have got a precedence out there and I think we have also done it some other ways, too, but I'm like you, I want to do it right. I will say that I have been in this garage -- if you want to call it that. It's an awful nice garage shop and it is a very -- it isn't some shabby thing that would take away from the development, so I -- and I understand with that house I mean -- or with the property, I would definitely want it myself. But, anyway, going on with the meeting, do we need any more while the public hearing is open? If not, I would entertain a motion to close the public hearing on H-2016-0075. Borton: Mr. President? Bird: Mr. Borton. Borton: Before I make a motion -- and maybe this is just a comment. I don't know if staff has what they need, planning and legal, to help us articulate which Meridian City Council September 27, 2016 Page 44 OF 53 route to go. The project in my eyes I'm supportive of and want to approve and if the dreadful one week continuance would be merely to make sure we have got language to capture what the Council wants to do if we were to approve it, so I -- I can move to close the public hearing. I'm not so sure how to articulate which path the motion would go to be approved. Nary: Mr. President? Bird: Mr. Nary. Nary: I don't know that Council is hesitant to want to continue things. I don't know if Mr. Arnold would be available a week from now. I guess that's the missing piece. I mean Mr. Arnold may be able to provide you -- he's a very experienced planner and he -- he may have considered other alternatives that we aren't aware of and staff isn't aware of and that might be compelling enough for you say this is reasonable, this is the most reasonable design. It's the only way it fits. Again, I'm not a planner, but -- and I don't know if Mr. Arnold would be available in a week, but that might be enough information for you to, then, feel more comfortable in crafting an exception to allow it to remain based on those -- that testimony with some buffering or some -- some screening or something else that would give you a comfort level that we are not creating something that we are going to have to reproduce other places, so that might be of value. I don't know if it impacts the project severely. Bird: Kyle. Enzler: Part of the challenge was the way that this house was situated. So, we couldn't really find any other way to design the house without the building being in, quote, the front yard. You know, I guess one suggestion that I might ask for is if we had maybe a condition of the final plan to include a variance, so that we are not held up approval to the condition of the final plat, a portion -- you know, had that condition for the variance in the final plat stage, instead of -- so that a decision could be made tonight, rather than just, you know, postponing to the next meeting. Borton: Mr. President? Bird: Mr. Borton. Borton: Is that your preference to go that route? Enzler: Yeah. I would prefer not to -- I'd like to keep things moving forward and it seems like it's a little bit -- there is some gray area here and so I -- you know, if we could make that variance -- if it's -- if it's a variance -- I guess that's a part of the confusion, too. It's -- we keep saying variance, but it seems like what Council is saying is that City Council can approve it with some sunset clause and -- and Meridian City Council September 27, 2016 Page 45 OF 53 the variance can be a part of it or not. The variance can be applied for at any time; is that correct, Council? Nary: So, Mr. President, Members of the Council, to help clarify. Because this is an annexation application, the Council does have the ability to annex their properties in nonconforming uses located on the property. Generally in most cases and with a very rare exception, there has been conditions upon that and those conditions would be, again, it can't be expanded , it can't be -- it can't be rebuilt, it can't be -- again, if it burns down it's gone. And usually there is a sunset clause of some period of time in which that nonconforming use needs to go away. It's more commonly used when there are nonconforming signs or nonconforming businesses types on properties, but that's -- that's the rationale that we are talking about. So, we can -- the Council can allow it and they have generally required it to sunset at some point in time. To get away from the sunset provision, the variance is another method to use under the Land Use Planning Act and if the Council grants the variance, then, it can remain forever. Enzler: Right. Nary: So, that's a method, but there is real specific findings and what staff was saying -- Enzler: Right. Nary: -- is under the code they couldn't make that recommendation, the Council would have to make specific findings that the code requires that may be challenging. It doesn't mean you can't get it or they won't find that, but right now that's not what's before them is the variance application, with the appropriate analysis and testimony regarding that. Enzler: So, aside from the variance -- Nary: Kind of an interim way to move it forward -- Enzler: Yes, sir. Nary: -- with the understanding that there may -- the Council may decide there is some reasonable time period that that building should be removed, unless they cure it in a different context. Enzler: So, if we went in the direction of Council approving it with some sort of sunset clause, who determines the language for that clause? Is that -- is that determined here in this meeting or would that be staff or staff with council? Nary: The Council would -- would make the determination what language they would like and, then, we would fashion that between both planning staff and my Meridian City Council September 27, 2016 Page 46 OF 53 staff and that would be part of a development agreement and if -- if you felt the language wasn't consistent with the Council, then, we would have that discussion with the Council. Enzler: So, if we -- if we approved it and moved forward, that that could be incorporated in the development agreement and part of the final plat agreeing on that language. Nary: Yes. Enzler: Okay. Thank you. Milam: Mr. President? Bird: Mrs. Milam. Milam: I guess one thing to consider would be -- since there are no guarantees on a variance or whether or not you might lose this building, before we close the public hearing and make a decision , do you want Steve to look at this again and see if there is any kind of change that he can make? Enzler: You know, we -- we have -- I really think we have explored those options. It's just -- if you -- if you look at the way the two houses are, they face each other, so there is really no way to create -- I think we have explored those options. Thank you for suggesting that. I appreciate it. Any other questions? Bird: Any other questions? Borton: Yeah. Mr. President? Bird: Mr. Borton. Borton: You weren't texting Steve right there, were you? Enzler: Yes, I was. Borton: He's recovering -- Enzler: No. He's got surgery tomorrow. Borton: Oh. Okay. Enzler: So, I was reading his text to me. He's watching. So he said we could have them condition the final plan on that. That's where I came up with that. I'm not that smart. Meridian City Council September 27, 2016 Page 47 OF 53 Borton: Okay. Palmer: Mr. President? Bird: Mr. Palmer. Palmer: And before -- just before -- before before. At least a couple of us up here are thinking we do that with a sunset and, then, you come with a variance whenever you want within that time period and whatever that -- to Council, whether it's now eight years from now or next -- or a month -- okay. Enzler: Thank you. Bird: Thank you, Kyle, again. Council, do we need to keep it open or are we ready to close it? Borton: Mr. President? Bird: Mr. Borton. Borton: Move we close Item 8-F, H-2016-0075. Palmer: Second. Bird: Got a motional and a second to close H-2016-0075. All in favor say aye. Any opposed? MOTION CARRIED: ALL AYES. Bird: Okay. Council what's your pleasure? Need some discussion? Borton: Mr. President? Bird: Mr. Borton. Borton: We will find out. I move that we approve Item 8 -F, H-2016-0075, and as a condition of the annexation that the accessory detached structure must either be removed or the applicant have been granted a variance pri or to issuance of the final plat. Bird: Okay. Got a second? Cavener: Second. Bird: Got a second. Okay. Any discussion? Mr. Clerk. Meridian City Council September 27, 2016 Page 48 OF 53 Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer yea; Little Roberts. MOTION CARRIED: ALL AYES. G. Public Hearing for Gemtone Center No. 5 (H-2016-0105) by The Land Group, Inc. Located 2425, 2463, 2501 E. State Street 1. Request: Vacate the 5-Foot Wide Property Drainage, Utility Construction and Maintenance Easement Along the Shared Side Lot Lines Between Lots 2 and 3 and Lots 3 and 4, Block 5, Gemtone Center Subdivision No. 5 Bird: Okay. Moving on. 8-G. Public hearing for Gemtone Center, H-2016-0105. Is that you, Sonya? Allen: It is. Bird: Thank you. Allen: President Bird, Councilman. The next application before you is a request for a vacation. This site is located at 2425, 2463 and 2501 East State Avenue on the north side of East Pine Avenue just west of North Hickory Avenue . This property was platted as Gemtone Center No. 5. A property boundary adjustment was recently tentatively approved to consolidate the subject lots. Final approval is contingent upon approval of the subject vacation application . The applicant is requesting approval to vacate the five foot wide property drainage utility construction and maintenance easements along the shared side lot lines between Lots 2 and 3 and 3 and 4, Block 5, as shown there on the highlighted area on the diagram on the right. These easements were created by the plat for this subdivision. There are no utilities within these easements. The applicant has received approval from all of the applicable public utilities, Idaho Power, Centurylink, Cable ONE, Intermountain Gas, Nampa-Meridian Irrigation District and Settlers Irrigation District to vacate the easement. Approval of the subject application will allow the applicant to obtain final approval of the property boundary adjustment application to consolidate these lots and construct a building on this site. Written testimony was received from Jason Densmer in agreement with the staff report. Staff is recommending approval and will stand for any questions. Bird: Any questions for Sonya at this time? Is the applicant represented? Densmer: Thank you, sir. My name is Jason Densmer with The Land Group. Our address is 462 East Shore Drive in Eagle. Sonya's summary of the Meridian City Council September 27, 2016 Page 49 OF 53 application and our agreement with the -- with the staff report is correct. I don't have anything to add, unless you have specific questions for me. Bird: Any questions for the applicant? Thank you. Densmer: Thank you. Bird: This is a public hearing. Is there anybody in the public that would like to testify? Seeing none, Council, do we need to have any more questions answered or anything before we closed the public hearing? Milam: Mr. President? Bird: Mrs. Milam. Milam: I move that we close the public hearing on H-2016-0105. Little Roberts: Second. Bird: I have got a motion and a second to close the public hearing on H2016- 0105. All in favor say aye. Any opposed? MOTION CARRIED: ALL AYES. Milam: Mr. President? Bird: Mrs. Milam. Milam: I move that we approve H-2016-0105. Little Roberts: Second. Bird: I have got a motion and a second to approve it. Any discussion? Seeing none, Mr. Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer yea; Little Roberts. MOTION CARRIED: ALL AYES. H. Public Hearing for Laurels Townhouses (H-2016-0065) by Northside Management Located at 2116 S Accolade Avenue Meridian City Council September 27, 2016 Page 50 OF 53 1. Request: Rezone of Approximately 1.87 Acres of Land from the TN-R Zoning District to the R-15 Zoning District 2. Request: Preliminary Plat Consisting of Twenty (20) Building Lots and Eight (8) Common Lots on 1.38 Acres of Land in the TN-R Zoning District 3. Request: Modification to the Development Agreement to Change the Use and Building Elevations from Live/Work Units to Solely Living Units Bird: Okay. The next one Item 8-H, public hearing for Laurels Townhouses, H- 2016-0065. Sonya, that's you, too? Allen: Why it is. Thank you, President and Councilmen. The next application is a request for a rezone, preliminary plat, and development agreement modification. This site consists of 1.38 acres of land. It's zone TN-R and located at 2116 South Accolade Avenue, south of East Overland Road and west of South Eagle Road. This property was annexed back in 2006 with an R-15 zoning district and the requirement of a development agreement along with the preliminary plat for Kenai Subdivision. A modification to the agreement was approved in 2007, along with a rezone for R-15 to TN-R and a new preliminary plat for Gramercy Subdivision. The property is currently designated on the future land use map as mixed-use regional. The applicant has submitted a request to City Council, as you're hearing tonight, for a modification to the existing development agreement to change the land use and building elevations from live-work units to solely living units. The Brownstone elevations on your left there where the live-work units that were previously proposed and included in the development agreement. The ones on the right are what are proposed with this application, but just strictly living units. A rezone of 1.87 acres of land is proposed for the TN-R to the R-15 zoning district consistent with the mixed-use regional future land use map designation. The rezone will facilitate the development of 20 townhome units on this si te. A preliminary plat is also proposed on the left there consisting of 20 building lots & seven common lots on 1.38 acres of land in a proposed R-15 zoning district. A north-south local street is proposed along the east boundary and a public alley is proposed off the local street for access to the proposed townhomes. A north-south pedestrian pathway is proposed mid-block within the development. Written testimony has been received from Scott Noriyuki, the applicant, in agreement with the staff report. The Commission did recommend approval of the subject rezone and preliminary plat applications. Scott Noriyuki testified at the public hearing in favor. No one testified in opposition or commented. Written testimony from Scott Noriyuki, the applicant, in agreement with the staff report. The only key issue of discussion by the Commission was they were in favor of the mix of housing types this project Meridian City Council September 27, 2016 Page 51 OF 53 will provide adjacent to the approved multi-family residential units. The Commission did not change any of staff's recommendation and there are no outstanding issues for Council. Written testimony since the Commission hearing was received from Scott Noriyuki, the applicant, in agreement with the Commission recommendation. Staff will stand for any questions. Bird: Any questions for Sonya? Okay. Scott. Noriyuki: Mr. President, Council. Scott Noriyuki, Northside Management, 6010 Fairhill Place, Boise, Idaho. Have don't have anything to add. Sony's done a great job and as you can tell I have already agreed with the conditions of approval. With that I will stand for any questions. Bird: Any questions for Scott? Thanks, Scott. Appreciate it. Noriyuki: Thank you. Bird: This is a public hearing. Is there anybody in the public that would like to testify? Seeing none, Scott, you don't need to reply then. Council, what's your pleasure? Borton: Mr. President? Bird: Mr. Borton. Borton: Move to close the public hearing on item H-2016-0065. Milam: Second. Bird: Got a motion and a second to close the public hearing on Laurels Townhouses. All in favor say aye. Any opposed? Pass. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer yea; Little Roberts. MOTION CARRIED: ALL AYES. Borton: Move that we approve Item 8-H. H-2016-0064. Milam: Second. Little Roberts: Second. Bird: Got a motion and a second to approve H-2016-0065. Any discussion? Seeing none, Mr. Clerk. Meridian City Council September 27, 2016 Page 52 OF 53 Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer yea; Little Roberts. MOTION CARRIED: ALL AYES. Item 9: Executive Session Per Idaho State Code 74-206A (1)(a): A Governing Body or Its Designated Representatives May Hold an Executive Session for the Specific Purpose of: (a) Considering a Labor Contract Offer or to Formulate a Counteroffer Bird: That takes care our action items. We go to Number 9, which is an Executive Session as per Idaho State Code. I need a motion. Cavener: Mr. President? Bird: Mr. Bird. Cavener: I move we move into Executive Session per Idaho State Code 74 -206- A, 1(a). Little Roberts: Second. Bird: I have a motion and a second to move into Idaho State Code Executive Session. Mr. Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Pa lmer yea; Little Roberts. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (8:20 p.m. to 9:13 p.m.) Bird: I would entertain a motion to come out of Executive Session. Milam: So moved. Cavener: Second. Bird: All in favor? MOTION CARRIED: ALL AYES. Bird: I'd entertain a motion to adjourn. Milam: So moved. Meridian City Council September 27, 2016 Page 53 OF 53 Cavener: Second. Bird: All in favor. MOTION CARRIED: ALL AYES. Bird: We are adjourned. Item 10: Future Meeting Topics MEETING ADJOURNED AT 9:14 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) P DATE APPROVED ATTES \�,OVkPORArE6gG cG N� C. JAY CO ES, CITY CLERK m I� w IT Meridian City Council Meeting 6A DATE: September 27, 2016 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve Minutes of September 13, 2016 City Council Workshop Meeting MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes DATE: E-MAILED TO SENT TO SENT TO STAFF AGENCY APPLICANT INITIALS CLERKS OFFICE FINAL ACTION NOTES Meridian City Council Workshop September 13, 2016 Page 62 of 62 MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:11 P.M. (AUDIO REC6RDING ON LE OF THESE PROCEEDINGS) / r, ��� Kei-r� the d, 6,o0N6,,(. ATTEST: -A*,-A`�T-IPd�CITY CLERK C -' t DATE APPROVED �PtED AVG` Sp ,r Cily of E IDIANI.-- IOAHO SEAL 4,/ Meridian City Council Meeting W DATE: September 27, 2016 ITEM NUMBER: ,59 PROJECT NUMBER: ITEM TITLE: Approval of AIA A133 & A201 Construction Management as General Contractor Agreements to The Russell Corporation for the "BAINBRIDGE PARK" project. The Not -To - Exceed amount for Pre -Construction Services will be $17,350. MEETING NOTES 9 WHIED 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: C. Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Mike Barton Date: 9/22/2016 Re: September 27th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the September 27th City Council Consent Agenda for Council's consideration. Approval of AIA A133 & A201 Construction Management as General Contractor Agreements to The Russell Corporation for the "BAINBRIDGE PARK" project. The Not -To -Exceed amount for Pre -Construction Services will be $17,350. The Guaranteed Maximum Price will be set through an addendum once bidding has completed. Recommended Council Action: Approval of AIA A133 & A201 Construction Manager as General Contractor Agreement to The Russell Corporation for the Not -To -Exceed Pre -Construction amount of $17,350.00. The Guaranteed Maximum Price for Construction phase will be set once bidding has concluded. This process has previously been approved by Council and the agreement and has been reviewed by Legal. Thank you for your consideration. 0 Page 1 pffiAl A Docurnenil. Ai 33"' - 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 13th day of July in the year Two Thousand Sixteen (In words, indicate day, month and yea:) BETWEEN the Owner: (Name, legal status and address) City of Meridian 33 E. Broadway Meridian, Idaho 83642 and the Construction Manager: (Name, legal status and address) The Russell Corporation 1940 S. Bonito Way, Suite 150 Meridian, Idaho 83642 for the following Project: (Vane and address or location) Bainbridge Park Meridian, Idaho The Architect: (Name, legal status and address) The Land Group, Inc. 462 E. Shore Drive #100 Eagle, Idaho 83616 The Owner's Designated Representative: (None, address and other it fo motion) Mike Barton The Construction Manager's Designated Representative: (Name, address and other information) Mr. Neal Russell/ Mr. Chris Jones The Architect's Designated Representative: (Name, address and other information) Jason Densmer 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 a 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--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 At 33TU — 2009 (formerly A1121" CM1Ic — 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 Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. y This documenlwas produced by AIA software at 14:06:46 on 08/09/2016 under Order No.9725696861_1 which extikes on 01/22/2017, and is not for resale. User Notes: (929378902) 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 11 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 Contract (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 are as filly a part ofthe Contract as ifattached 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 prepared 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 written 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 finthering the interests of the Owner; to furnish efficient construction administration, management services and supervision; to famish 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 NVork 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 A201T" 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 AIA Document A13V- — 2009 (formerly A721 *-CMe-2003). Copyright 01991, 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 Treaties. Unauthorized reproduction or distribution of this AIA° 2 Document, or any portion of it, may result in severe clvll and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:06:46 on 08/09/2016 under Order No.9725696861_1 which expires on 0112212017. and is notfor resale. User Notes: (929378902) 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 Preconstruction 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. (Paragraphs deleted) § 2.1 Preconstruction Phase § 2.1.1 The Construction Manager shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other. (Paragraphs deleted) § 2.1.2 Consultation The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such matters as procedures, progress, coordination, and scheduling ofthe Work. The Construction Manager shall advise the Owner and the Architect on proposed site use and improvements, selection of materials, and building systems and equipment. The Construction Manager shall also provide recommendations consistent with the Project requirements to the Owner and Architect on constructability; availability of materials and labor; time requirements for procurement, installation and construction; and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life -cycle data, and possible cost reductions. § 2.1.3 When Project requirements in Section 3. 1.1 have been sufficiently identified, the Construction Manager shall prepare and periodically update a Project schedule for the Architect's review and the Owner's acceptance. The Construction Manager shall obtain the Architect's approval for the portion of the Project schedule relating to the performance of the Architect's services. The Project schedule shall coordinate and integrate the Construction Manager's services, the Architect's services, other Owner consultants' services, and the Owner's responsibilities and identify items that could affect the Project's timely completion. The updated Project schedule shall include the following: submission of the Guaranteed Maximum Price proposal; components of the Work; times of commencement and 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 provide recommendations with regard to accelerated or fast-track scheduling, procurement, or phased construction. 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. § 2.1.5.2 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construction Manager and Architect, estimates of the Cost of the Work of increasing detail and refinement and allowing for the fitrther 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 AIA Document A133i11— 2009 (formerly A12110CMe — 2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Inst. WARNING: This AIA° Document Is protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or distribution of this Al e 3 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 AlAsonware at 14:06:46 on 08/09/2016 under Order No.9725696861_1 which expires on 0112212017, and is not for resale. User Notes: (929378902) The Construction Manager shall develop bidders' interest in the Project. § 2.1.7 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 rine 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 in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders 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 the 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 inclusion in the Contract Documents. § 2.2 Guaranteed Maximum Price Proposal and Contract Time § 2.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager and in consultation with the Architect, the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner's review and acceptance. The Guaranteed Maximum Price in the proposal shall be the sum of the Construction Manager's estimate of the Cost of the Work, including contingencies described in Section 2.2.4, and the Construction Manager's Fee. § 2.2.2 To the extent that the Drawings and Specifications are anticipated to require further development by the Architect, the Construction Manager shall provide in the Guaranteed Maximum Price for such fiuther development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order. § 2.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include the following: .1 A list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the Contract; .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. § 2.14 In preparing the Construction Manager's Guaranteed Maximum Price proposal, the Construction Manager shall include its contingency 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 A133--2009 (forrnedy A121T°C61c — 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 Treaties. Unauthorized reproduction or distribution of this AIA' 4 Document, or any portion of it, may result In severe civil and criminal pen allies, and will be prosecuted to the maximum extent possible under the law. f This document was produced by AIA software at 14:0646 on 08/09/2016 under Order No.9725696861_1 which expires on 01/2212017, and is not for resale. User Notes: (929378902) presented, they shall promptly notify the Construction Manager,. who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis, or both. § 2.2.61f 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 from 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 promptly 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. § 2.2.10 The Construction 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 Work in 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 ofA201-2007, the date of commencement of the Work shall mean the date of commencement of the Construction Phase. § 2.3.1.2 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 tinder subcontracts or by other appropriate agreements with the Construction 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 from Subcontractors and from 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 If the 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 conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager may require that a Change Order be issued to adjust 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. AIA Document A133i0 — 2009 (formerly A121 *" CINc — 2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AlAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 5 Document, or any portion of it, may result in severe civil and criminal penalties, and wlII be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:06:46 on 08/09/2016 under Order No.9725696B61_1 which expires on 01/22/2017, and is not for resale. User Notes: (929378902) § 2.3.2.3 Subcontracts or other agreements shall conform to the applicable payment provisions of this 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. § 2.3.2.4 If the Construction Manager recommends a specific bidder that may be considered a "related panty" 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. § 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 distribute 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 A201-2007. § 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, portions 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. §2.3.2.7.3 Monitor closely the progress of construction of each subcontractor, prepare a construction schedule report at 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 Constructign Manager and Subcontractors, (c) status of shop drawings and submittals, (d) status of change orders, (e ) status ofMBE/WBE participation and (1) 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 in progress 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 2.3.2.7 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 from the movement of heavy equipment, suppliers, materials, and pedestrian traffic. AIA Document A133Ta — 2009 (fornedy A11217vCNlc — 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 Treaties. Unauthorized reproduction or distribution of this AIA* 6 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. f This document was produced by AlA software at 14:06:46 on 08/09/2016 under Order No.97256968611 which expires on 01/2212017, and is not for resale. User Notes: (929378902) § 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 from weather. "Protected" means wrapped in weather and water -proofed plastic or similar material, left on pallets or other elevated surface to protect from water damage, and any other measures required to safeguard the Owner -purchased material from 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 Construction 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 A201-2007 shall apply to both the Preconstruction and Construction Phases. ARTICLE 3 OWNER'S RESPONSIBILITIES § 3.1 Information and Services Required of the Owner § 3.1.1 The Owner shall provide information with reasonable promptness, regarding requirements for and limitations on the Project, 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 establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1.1, (2) the Owner's other costs, and (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the 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 finrnish 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 or services. The Construction Manager shall be entitled to rely on the accuracy of information and services furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 3.1.4.1 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. AIA Document M33"-2009 (formerly A121'"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 Treaties. Unauthorized reproduction or distribution of this AIA® 7 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. f This document was produced by AIA software at 14:06:46 on 08/09/2016 under Order No.9725696861_I which expires on 01/22/2017, and is not for resale. User Notes: (929378902) § 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 restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 3.1.4.3 The Owner, when such services are requested, shall famish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 3.1.4.4 During the Construction Phase, the Owner shall famish 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 Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request for such information or services. § 3.2 Owner's Designated Representative The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the Project. The Owner's representative shall render decisions promptly and furnish information expeditiously, so as to avoid unreasonable delay in the services or Work of the Construction Manager. Except as otherwise provided in Section 4.2.1 of A201-2007, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. § 3.2.1 Legal Requirements. The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 3.3 Architect The Owner shall retain an Architect to provide services, duties and responsibilities as described in AIA Document B 103TM-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. (Paragraphs deleted) ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES § 4.1 Compensation § 4.1.1 For the Construction 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 Ifthe Preconstruction Phase services coveredby this Agreement have not been completed within ( ) months of the dale of this Agreement, through no fault of the Construction Manager, the Construction Manager's compensation for Preconstruction Phase services shall be equitably adjusted. § 4.1.4 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 A133r" — 2009 fformerly A121 r"CMe — 2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. ]nit. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® S Document, or any portion of It, may result In severe clvII and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:06:46 on 08/09/2016 under Order No.9725696861_1 which expires on 01/22x2017, and is not for resale. User Notes: (929378902) § 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 after 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 § 5.1 For the Construction Manager's performance of the Work as described in Section 2.3, the Owner shall pay the Construction Manager the Contract Stan 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 lump sum, percentage of Cost of the Work a• other provision for determining the Construction Manager's Fee.) 5 Y% on Cost of the Work: Bids (Subcontractors / Suppliers), General Conditions, and Change Order Work (Table deleted) (Paragraphs deleted) § 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 Maximum 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 Maximum Price without reimbursement or additional compensation from the Owner. (Insert specific provisions if the Construction Dlanager is to participate in airy 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 Tire 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 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 terms "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 and 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 in accordance with the terms of those subcontracts. AIA Document A1133TM— 2009 (formerly A121 i- Me -2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Inst. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® g 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. t This documentwas produced by AIA software at 14:06:46 on 08/09/2016 under Order No.9725696861_1 which expires on 0112212017, and is not for resale. User Notes: (929378902) § 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 ofthis 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 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 performance of the 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 incurring the cost. The parties shall endeavor to identify any such costs prior to executing Guaranteed Maximum Price Amendment. § 6.2 Labor Costs § 6.2.1 Wages of construction workers directly employed by the Construction Manager to perform the construction of the Work at the 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 are 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 eertain personnel stationed at the Construction Manager's principal of- other rother offices shall be included in the Cosi of the Work, identify in Section 11. 5, the personnel to be included, whether for all or onlypart oftheir tune, and the rales at which their time will be charged to the Irork.) § 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 lacv 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. § 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 AIA Document A133r" — 2009 (formerly A121 isCMe — 2003). Copydghl ®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 Treaties. Unauthorized reproduction or distribution of this AIA° 10 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. f This document was produced by AIA software at 14:06:46 on 08/09/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (929378902) of the Work 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 transportation, 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 filly 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 fidly 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 price ofany comparable item Rates of Construction Manager -owned equipment and quantities of equipment shall be subject to the Owner's prior approval. § 6.5.3 Costs of removal of 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 delivery charges, 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 fill 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 Construction 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 Contract 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 Contract Documents, and which do not fall within the scope of Section 6.7.3. § 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 from 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 related to or consumed in the Work with the Owner's prior approval. AIA Document A133" — 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 Treaties. Unauthorized reproduction or distribution of this AIA5 11 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 14:06:46 on 08/09/2016 under Order No.9725696861_1 which expires on 01/22(2017, and is not for resale. User Notes: (929378902) § 6.6.7 Deposits lost for 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 between the Owner and Construction Manager, reasonably incurred by the Construction Manager and after the execution 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's prior approval, expenses incurred in accordance with the Construction Manager's standard written personnel policy for relocation and temporary living allowances of the Construction Manager's personnel required for the Work. § 6.6.10 Costs for consumable materials, supplies, equipment, or other items required for the execution of Work, included under this Agreement, as needed by the supervisory and administrative personnel identified in Section 6.2 whether on site, at principal office, or at other locations. § 6.6.11 Safety material, equipment, consumables and consulting service required 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 performance 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 toss in case of an emergency affecting the safety of persons and property, as provided in Section 10.4 of AIA Document A201-2007. § 6.7.3 Costs of repairing or 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 by the Construction Manager from 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 Costs Not To Be Reimbursed § 6.8.1 The Cost of the Work shall not include the items listed below: .1 Salaries and other compensation of the 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; .4 The Construction Manager's capital expenses, including interest on the Construction Manager's capital employed for the Work; .5 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; .6 Any cost not specifically and expressly described in Sections 6.1 to 6.7; .7 Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded; and .8 Costs for services incurred during the Preconstruction Phase. § 6.9 Discounts, Rebates and Refunds § 6.9.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (1) before making the payment, the Construction Manager included them in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited fiends with the Construction Manager with which to make AIA Document A13Vu — 2009 (formerly A121 TeCIVIc — 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 Treaties. Unauthorized reproduction or distribution of this AIA° 12 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 AlA software at 14:06:46 on 08/092016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (929378902) payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be obtained. § 6.9.2 Amounts that accrue to the Owner in accordance with the provisions of Section 6.9.1 shall be credited to the Owner as a deduction from the Cost of the Work. § 6.10 Related Party Transactions § 6.10.1 For 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 from 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 2.3.2.1, 2.3.2.2 and 2.3.2.3. § 6.11 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 Construction Manager's records and accounts, including complete documentation supporting accounting entries, books, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor's proposals, purchase orders, 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) 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 laps unay require payment within a certain period of tune.) § 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. AIA Document A11331-- 2009(formerly A72l!" Mc-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 Treaties. Unauthorized reproduction or distribution of this AIA® 13 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. t This document was produced by ALA software at 14:0646 on 08/09/2016 under Order No.9725696861_1 which e#ires on 01/22/2017, and is not for resale. User Notes: (929378902) § 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 portion 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 lire 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 o£the Work by the share ofthe 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 stored 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 Subtract retainage of five percent (5%) from that portion of the Work that the Construction Manager self -performs; .5 Subtract the aggregate of previous payments made by the Owner; .6 Subtract 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 bewithheld on all Subcontractors. No Retainage shall withheld from payments to Suppliers or Construction Manager's Consultants. § 7.1.9 Except with the Owner's prior approval, the Construction Manager shall not make advance payments to suppliers 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 notbe deemed to represent that tine 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 w4nat purposes the Construction Manager has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, twill be performed by the Owner's auditors acting in the sole interest of the Owner. AIA Document A133*a — 2009 (formerly A121 ^ CMc — 2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Inil. WARNING: This A10 Document Is protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or distribution of this AIA° 14 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. f This document was produced by AlA software at 140646 on 08/09/2016 under Order No.9725696861_1 which expires on 0112212017, and is not for resale. User Notes: (929378902) § 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 filly performed the Contract except for the Construction Manager's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-2007, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Construction 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 payment to 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 Work 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 Construction Manager, or notify the Construction Manager and Owner in writing of the Architect's reasons for withholding a certificate 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 ofthe AIA Document A20 t-2007. Tl1e Architect is not responsible for 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 Construction Manager. Pending a final 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 6. 1.1 and not excluded by Section 6.8 to correct defective or nonconforming Work, the Owner shall reimburse the Construction Manager such costs and the Construction Manager's Fee applicable thereto on the same basis as if such 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. ARTICLE 8 INSURANCE AND BONDS For all phases of the Project, the Construction Manager and the Owner shall purchase and maintain insurance, and the Construction Manager shall provide bonds as set forth in Article 11 of AIA Document A201-2007. (State banding requirements, ifany and limits ofliabilityfor insurance required in Article II of AIA Document A201-2007.) Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) Comprehensive General Liability with policy limits of not less than Two Million Dollars ($2,000,000.00) for each occurrence and in the aggregate for bodily injury and property damage. Automobile Liability covering owned and rented vehicles operated by the Construction Manager with policy limits of not less than Two Million Dollars ($2,000,000,00) combined single limit and aggregate for bodily injury and property damage. AIA Document A133" — 2009 (formedy A121*" CMc-2003). Copyright 01991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Inst. WARNING: This AIA! Document is protected by U.S. Copyright Law and International Treaties. Unauthorized rep rod nation or distribution of this AIA° 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 document was produced by AIA software at 14:06:46 on 08/09/2016 under Order No.9725696861_t which expires on 01/22/2017, and Is not for resale. User Notes: (929378902) The Construction Manager may use tumbrel la or excess liability insurance to achieve the required coverage for Comprehensive General Liability and Automobile Liability, provided that such umbrella or excess insurance results in the same type of coverage as required or the individual policies. Worker's Compensation at statutory limits and Employers Liability with a policy limit of not less than One Million Dollars ($1,000,000.00) Payment and Performance Bond. Bond amount shall be based on the value of the Guaranteed Maximum Price, ARTICLE 9 DISPUTE RESOLUTION § 9.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions set forth in this Article 9 and Article 15 of A201-2007. However, for Claims arising from or relating to the Construction Manager's Preconstruetion Phase services, no decision by the Initial Decision Maker shall be required as a condition precedent to mediation or binding dispute resolution, and Section 9.3 of this Agreement shall not apply. § 9.2 The patties shall endeavor to resolve their disputes by mediation which, unless the patties mutually agree otherwise shall be administered by the parties. A request for mediation shall be made in writing and delivered to the other party to the Contract. The request maybe made concurrently with the filing of litigation, but in the event litigation is filed, the mediation shalt proceed in advance of litigation, which shall be stayed pending mediation. Written agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. [ ] [ X ] 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 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 to the event of termination ofthis Agreement pursuant to Section 10.1.1, the Construction Manager shall be equitably compensated for Preconstruetion Phase services performed prior to receipt of 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 Ifthe 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 Construction 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, if the Construction Manager's Fee is stated as a fixed sum in that AIA Document A133"'-2009(formerly A121* CMc-2003). Copyright® 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Inst WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treat les. Unauthorized reproduction or distribution of this Ale 16 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 AlA software at 14:06:46 on 08/09/2016 under Order No.9725696861 1 which expires on 01/2212017, and Is not for resale. User Notes: (929378902) Section, an amount thatbears 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 the 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 equipment 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 and purchase 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 fidly 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 Construction Manager will contain provisions allowing for assignment to the Owner as described above. Ifthe Owner accepts assignment of subcontracts, purchase orders or rental agreements as described above, the Owner will reimburse or indemnify 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 /tad not been terminated. Ifthe Owner chooses not to accept assignment of any subcontract, purchase order or rental agreement that would have constituted a Cost of the Work hadthis 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 tinder 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 filly completed by the Construction Manager, utilizing as necessary a reasonable estimate of the Cost of the Work for Work not actually completed. § 10.2.3 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 ht 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 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. § 10.3 Suspension If Owner is unable to obtain clear title to the real property upon which the Project is located prior to the time work ora the site is required, Owner shall have the right to suspend the Work until such gift is completed. Otherwvise, the Work may be suspended by the Owner or the Construction Manager as provided in Article 14 ofAlA 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 14.3.2 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. AIA Document A1331u — 2009 (formerly A121 T°CI41c — 2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights rose mod. /nit. WARNING: This AIAs Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' 17 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 sofNiare at 14:06:46 on 08/09/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (929378902) § 11.2 Ownership and Use of Documents Section 1.5 of A201-2007, as modified for this Project shall apply to both the Preconstruction and Construction Phases. § 11.3 Governing Law Section 13.1 of A201-2007, as modified for this Project shall apply to both the Preconstruction and Construction Phases. § 11.4 Assignment The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Construction Manager shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. Except as provided in Section 13.2.2 of A201 2007, as modified for this Project, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either patty attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 11.5 Other provisions: 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 Owner shall 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 fi-om the breach of any provision hereof (whether sounding in tort, contract or otherwise), the prevailing party shall be entitled to receive from 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. § 12.2 The following documents comprise the Agreement: .1 AIA Document A133-2009, 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, as modified for this Project .2 AIA Document A201-2007, General Conditions of the Contract for Construction, as modified for this Project .3 Intentionally Deleted .4 Intentionally Deleted .5 Other documents: (List other documents, if any forming part of the Agreement) AIA Document A133TM — 2009 (formariy A121 T" CMC —2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Inst. WARNING: This AIA* Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA`" 18 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 doeumentwas produced by ALA software at 14:06:46 on 0 810 912 01 6 under Order No.9725696B61_1 which expires on 01122/2017, and is not for resale. User Notes: (929378902) ARTICLE 13 § 13.1 The Owner reserves the right to review and audit Construction Manager's records in regards to materials, costs, services or goods that are supplied or provided in pursuit of this Agreement. This request may be exercised at any time during (lie course of the Agreement, before final payment, or within 90 days of the conclusion of the Agreement, The failure to provide such records upon the reasonable demand of the Owner shall be considered a cause for breach of the Agreement and may be cause for termination and damages or liquidated damages to the Owner. ThZrVgnam ntered if as of the day and year first written above. ) CONSTRU ION MANAGER (.Signatrm•e) B / s� D •(l e;-e'Ir L 9r. Neal H. Russell President (Pf•inted imine am_ title) (Pruned name and title) AIA Document A133TM — 2009 (formerly A1217OCMc — 2003). Copyright O 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. hlit. WARNING: This AIA Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA° 19 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. t This document was produced by AIA software at 14:06:46 on 08/09/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (929378902) gff�iAIA Document A201" - 2007 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address) Bainbridge Park Meridian, Idaho THE OWNER: (Name, legal status and address) City of Meridian Meridian, Idaho 83642 THE ARCHITECT: (Nmne, legal staters 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 teat 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. Init. AIA Document A201 r" - 2007. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The Amencan Institute of Architects. All rights reserved. WARNING: This A]e 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 YAll be prosecuted to the maximum extent possible under the law. This document was produced byAlA sofhvare at 15:03:46 on 07/13/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is nolfor resale. User Notes: (1515335768) 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, 3.1 I, 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 L 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-- 2007. Copydght®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Inst Institute of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This documentwas produced byAlA software at 15:03:46 on 07/1312016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (1515335768) 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 {YORK 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, 83.1, 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, TERMINATION 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 A201T —2007. Copyright ®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Insfitme 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 pen altles, and will be prosecuted to the / maximum extent possible under he law. This document was produced by AIA software at 15:03:46 on 07/13/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (1515335768) 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 Contr'actor'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, 3.1 I, 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-- 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 AIAe 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 y maximum extent possible under the law. This documentwas produced by AIA software at 15:03:46 on 07/13/2016 under Order No.9725696861 (which expires on 0 112 21201 7, and is not for resale_ User Notes: (1515335768) Execution and Progress of the Work L 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 A201*-- 2007. Copyright®1911, 19115.1918,1925,1937,195-1, 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 reproduction or dlstributlon of this AIA' Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the 7 maximum extent possible undethe law. This document we produced by AIA software at 15.03:46 on 07/13/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (1515335768) 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, 12.11 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 L 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 or4Payment, 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, .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, 14.2.3,15J.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 A20V--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 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and wlII be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software at 15:03:46 on 07/13/2016 under Order No.9725696861_1 which expires on 01/2212017, and is not for resale. User Notes: (1515335768) 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. L2, 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 Rt the Site, Documents anti 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 Subcontracttml 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 A201n`-2007. Copyright®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1951, 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 reproduction or distribution of this AIA° Document, or any portion of It, may result in severecivil and criminal penalties, and will he prosecuted to the / maxi mum extant possible under the law. This document was produced by AIA software at 15:03:46 on 07/13/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (1515335768) 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 TERMINATION 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'%VORK 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 A201TA1— 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 AIAs Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or dlstdbutlon of this Ale Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This documentwas produced by AIA software at 15:03:46 on 07/13/2016 under Order No.9725696861_1 which expires on 01/22/2017, and Is not for resale. User Notes: (1515335768) 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 khtd (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. § 1.1.3THE 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 fidfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. § 1.1.4THE PROJECT The Project is the total construction of which the Work performed tinder the Contract Documents maybe 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, ofthe tangible and intangible creative work performed by the Architect and the Architect's consultants tinder their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 1,1,1 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 A201T"— 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 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 15:03:46 on 07/13/2016 under Order No.9725696861 l which expires on 01/22/2017, and is not for resale. User Notes: (1515335768) § 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 annong 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 ofnumbered 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 Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and other reserved rights, including copyrights. The Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect'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 12.1 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 lieu rights. AIA Document A201--2007. Copyright®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Inst. Institute of Architects. All rights reserved. WARNING: This Al a 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 maximum extent possible un dot the law. This document was produced byAlA software at 15:03:46 on 07/13/2016 under Order No. 9725696861_1 which expires on 01x2712017, and is not for resale. User Notes: (1515335768) 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 furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.2.4 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services tinder 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 ofthe 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 Ownermay 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 lawfidly 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 A201r"— 20D7. Copyright 01911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The Amedcan Init. Institute of Architects. All rights reserved. WARNING: This A] As Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 11 reproduction or distribution of this Al a 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 sofbvare at 15:03:46 on 07/1312016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (1515335768) authority to bind the Contractor with respect to all matters under this Contract. T11e term "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 cleletedJ § 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, caref lly study and compare the various Contract Documents relative to that portion ofthe Work, as well as the information lirnislred 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 ktlown to the Contractor as arequest 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 isnot required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawfill 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 fidly 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 filrther 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 MaVu-2007. Copyright®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Inst. 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 pen allles, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:03:46 on 07/13/2016 under Order No.9725696861_1 which expires on 01/22!2017, and is not for resale. User Notes: (1515335768) § 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 he 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. § 3.7.31fthe Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawfid 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. Ifthe 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 Te — 2007. Copyright ®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Inst. Institute of Architects. All rights rese wed. WARNING: This Al Ax 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 under the law. This document was produced by AlAsohware at 15:03:46 on 07/13/2016 under Order No. 9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (1515335768) 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 fi-om those indicated in the Contract Documents and that no change in the terns 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 lVork, 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 butshall 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 Sam 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 NVork. 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 tVork 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 lVork. AIA Document A201*u— 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 A]Ae 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 1 maximum extent possible un der the law. This document was produced by AIA software at 15:03:46 on 07/13/2016 under Order No.9725696861_1 which expires on 01/2212017, and is not for resale. User Notes: (1515335768) §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. § 112.3 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'"— 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 clvlI and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:03:46 on 07/13/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (1515335768) § 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 for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance and design criteria specified in the Contract Documents. § 3.13 USE OF SITE The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, and lawfid 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 A201TM— 2007. Copyrights) 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 resolved. 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 document was produced by AIA software at 15:0346 on 07/13/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (1515335768) § 3.15 CLEANING UP § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials from and about the Project. § 3.15.2 The Owner shall provide 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 tine 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 particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner 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 fid lest extent permitted bylaw 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, tine 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 ofthe Owner only to the extent provided in the Contract Documents. The AIA Document A201TM— 2007. Copyright ®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1986, 1970, 1976, 1987, 1997 and 2007 by The American Init. Insblute of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and Inlemalional Treaties. Unauthorized 17 reproduction or distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the f maximum extent possible under the law. This document was produced by AlAsofhvare at 15:03:46 on 07713/2016 under Order No.9725696861_1 which expires on 07/2212017, and is notfor resale. User Notes: (1515335768) 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 solelythe 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. Cormnunications 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 tinder 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 Tlne 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--2007. Copyright 01911, 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 A] As 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 documant was produced by AIA software at 15:03:46 on 07/13/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (1515335768) 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 tinder, 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 f tithfrd 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 Tire 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 from 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 entitywho 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 A2011-- 2007. Copyright ®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Inst. 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 Al a Document, or any portion of it, may result Inaevere civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 15:0346 on 07/1312016 under Order No.9725696861_1 which expires on 0112212017, and is not for resale. User Notes: (1515335768) increased or decreased bythe 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 A201ru —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 ordistribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the A maximum extent possible under the law. This documentwas produced by AIA software at 15:03:46 on 07/13/2016 under Order No.9725696861_1 which expires on 0 112 21201 7, and is not for resale. User Notes: (1515335768) § 6.1.3 The Owner shall provide for coordination of the activities of the Owner's rant forces and of each separate contractor with the Mork 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 corder the Conditions of the Contract, including, without excluding otters, 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 Mork 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 Mork, 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 Wolk, 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 Mork 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 Mork 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 Mork, 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 Mork, whether effected by a Change Order, Construction Change Directive or order for minor change in the Mork, 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 Mork. § 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 *a — 2007. Copyright ®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Inst. 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 document was produced by AIA software at 15:03:46 on 07/13/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is notfor resale. User Notes: (1515335768) § 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. § 7A.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 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 A20P--2007. Copydght®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. InsbLute 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 Al a Document, or any portion of it, may result In severe civlI and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 15:03:46 on 07/13/2016 under Order No.9726696861_1 which evires on 01/22/2017, and is not for resale. User Notes: (1515335768) 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 continence operations on the site or elsewhere prior to the effective date of insurance required by Article I I to be fiunished 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 A2011° —2007. Copyright ®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The Am edcan 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 Al a Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software at 15:03:46 on 07/13/2016 under Order No.9725696861_1which expires on 01/22/2017, and is not for resale. User Notes: (1515335768) § 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 otter 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 party 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 tinder 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 tinder 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 T1ne 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 Paymenthave 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-- 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 f maximum extent possible underthe law.This documentwas produced byAlA softwareat 15:03: 46 on 07/13/2016 under Order No.9725696861_1 which expires on 01/22x2017, and is not for resale. User Notes: (1515335768) 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 Oamer a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect deterntines 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, thatlhe 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 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. § 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 Owher 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 frons 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, issuejoint 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*" -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. Allrights reserved.WARNING: This AlAeDocument Isprotected byU.S. Copyright Law and International Treaties. Unauthorized 25 reproduction or distribution of lhIs AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:03:46 on 07/13/2016 under Order No.9725696861_1 which expires on 012212017, and Is not for resale. User Notes: (1515335768) § 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 from payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in a similar manner. (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 finnish such evidence within seven days, the Owner shall have the rightto 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. (ParagralA 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 afler 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 A20F-- 2007. Copyright 0-1911, 1916, 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 Treatles. Unauthorized 26 reproduction or distribution of this AIA® Document, or any portion of Il, 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 15:03:46 on 07/13/2016 under Order No.9725696861_1which expires on 0122/2017, and is not for resale. User Notes: (1515335768) § 9.8.5 nie Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance ofresponsibilities 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 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 fidfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect(]) 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 extentand 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 refimd 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 ofthe balance due for that portion of the Work filly 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 fiunished, 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 A201i° — 2007. Copyright®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Inst. 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 y maximum extent possible under the law. This documant was produced by AIA software at 15:03: 46 on 07/13/2016 under Order No.9725696861_1 which expires on 0112212017, and is not for resale. User Notes: (1515335768) payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. § 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 he 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 ofthem, or by anyone for whose acts they may be liable and for which the Contractor isresponsible 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 A201T —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 AIAe 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 y maximum extent possible under the law. This documentwas produced by AIA software at 15:03:46 on 07/1312016 under Order No.97256968611 which expires on 0112212017, and is not for resale. User Notes: (1515335768) § 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 f -ora 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 Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor 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 ofthe 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 fi hest extent permitted by law, the Owner shall indenmify 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 patty 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 oftime claimed by the Contractor on account of an emergency shall be determined as provided. in Article 15 and Article 7. AIA Document A201'a — 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 Inarrational Treaties. Unauthorized 29 reproduction or distribution of this Al a Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:03:46 on 07/13/2016 under Ordef No.9725696861_l which expires on 01/22/2017, and is not for resale. User Notes: (1515335768) ARTICLE 11 INSURANCE AND BONDS § 11.1 CONTRACTOR'S LIABILITY INSURANCE § 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfidly 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 tile 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 clavus 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. § 11.20WNER'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*"— 2007. Copyright®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Inst. 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 AIAa Document, orany portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software at 15:03:46 on 07/13/2016 under Order No.9725696861_1 which expires on 0112212017, and is not for resale. User Notes: (1515335768) Whichever is later.'fbis 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. § 11.3.1.2Ifthe 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 ofthe 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. § 11.3.1.4111is 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. § 11.3.4Ifthe 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 A201T — 2007. Copyright®1911, 1915, 1918.1925.1937.1951,195%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 Intemational Trestles. 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 15:03:46 on 07/13/2016 under Order No. 9725696861 1 which expires on 01=2017, and Is not for resale. User Notes: (1515335768) 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,ifany, 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 their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub -subcontractors in similar manner. § 11.3.9 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 bythe Contractor atter 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 tofiunishbonds covering faithfidperformance ofthe Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents oil 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 fiunished. 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, ifrequested 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. § 12.1.2Ifa 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 DocumentA20110-2007. 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 15:03:46 on 0 711 312 01 6 under Order No.9725696861 1 which expires on 0 112212 017, and is not for resale. User Notes: (1515335768) 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 h1 accordance with the project Architect, the Construction Manager shall develop and implement procedures for orderly completion of punct list items, checkout of utilities, operational systems and equipment and initial start-up and testing. Preparation and delivery to the Owner ofwarranties, 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 tinder 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 tinder 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 connection 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 tinder 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 A20V--2007. Copyright®1911, 1915, 1918, 1925, 1937, 1951, 1958,196 1 , 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Inst. Ins6lule of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 33 reproduction or distribution of this Al a Document, or any portion of it, may result In severe civil and criminal penatlies, and will be prosecuted to the maximum extent possible under the law. This documentwas produced byAlA software at 15:03:46 on 07/1312016 under Order No.9725696861_1which expires on 0122/2017, and is not for resale. User Notes: (1515335768) 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 assigmnent 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 duty 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 may be 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 havingjurisdiction determine that portions of the Work require additional testing, inspection or approval not included tinder Section 13.5.1, the Architect will, upon written authorization from the Onmer, 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 ofwhen 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 ofthe Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses steal I 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. § 13.5.5Ifthe 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 A2011" — 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: Thus AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 34 reproduction or distribution of this AIAs Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possIlife under the law. This document was produced by AIA software at 15:03:46 on 07/13/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (1515335768) § 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. 1133 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 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 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 .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 j 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 renlobilizations costs. AIA Document A201 n-- 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 A] A' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 35 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe c I A I and criminal penalties, and will be prosecuted to the ( maximum extent possible under the law. This document was produced by AIA software at 15:03:46on 0 7/1 312 01 6 under Order No.9725696861_1 which expires on 0172212017, and is not for resale. User Notes: (1515335768) CONTRACT CHECKLIST Date:REQUESTING DEPARTMENT Project Name: Project Manager:Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order?Yes No Change Order No. Fund:Budget Available (Purchasing attach report): Department Yes No Construction GL Account FY Budget:Task Order Project Number:Enhancement:Yes No Professional Service Equipment Will the project cross fiscal years?Yes No Grant Grant #:Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed)www.sam.gov Print and attach Master Agreement Category (Bid Results Attached)Yes No (Ratings Attached)Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License Expiration Date:Corporation Status Insurance Certificates Received (Date):Expiration Date: Rating: Payment and Performance Bonds Received (Date):Rating: Builders Risk Ins. Req'd:Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda:By: Purchase Order No.:Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final N/A N/A N/A N/A Goodstanding105928/31/2017 I. PROJECT INFORMATION N/A 16 9/21/2016 PARKS BAINBRIDGE PARK - CM SERVICES V. BASIS OF AWARD N/A N/A IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION September 22, 2016 VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved VII. TASK ORDER SELECTION (Project Manager to Complete) Bonds will be required prior to the GMP Amendment Award based on Low Bid Highest Ranked Vendor Selected $17,350Mike Barton If yes, has policy been purchased? The Russell Corporation III. Contract TypeII. BUDGET INFORMATION (Project Manager to Complete) 7 5200 96925 10518.b TASK ORDER 12B RFP / RFQBID eTRAKiT Home I Setup an Account I Log In Lfcenseel V Username Password LOGIN ❑ REMEMBER ME Forgot Password Permits Search Penn:t Pay Fees Licenses Search Trade Licenses Search Public Works Inspections Schedule Cancel Elevators Search Elevators Violations Search Shopping Cart Pay All Fees Paid Items Contact Contact us Page 1 of 1 Public Works Search i� Search Again Download Results Printable View Company Name License Number Work Categoryisi License Type I License Class I Status I Applicant Name Leonard W. Butler III 1 010592 1 1 CONST MGR I ACTIVE I Leonard W. Butler III 2 Page: 1 of 1 Next Last i The Division of Building Safety makes every effort to produce and publish the most current and accurate in format on possible No warranties expressed or implied are prov-ded for the data herein, its use.. or its interpretation Utilization of th s webs to indicates understanding and acceptance of this statement t-800-955-3044, 1090 E Watertower St. Su to 150 Meriden 10 93642 HOME CONTACT httrnc•1!xxrPh rlhc Mnilhn nnx fatralrit2 (`netnm/Trlahn PtihlirWnrlrcQPnrARcltc acrtx 9/1111)(11 A First Prev Details - License Number: 010592 Lic Info Fees $1,400.00 Registration S: 010592 Issue: 8/11/2016 Expire: 8/31/2017 Type: PUBLIC WORKS Sub -Type: CONST MGR Status: ACTIVE Company: Leonard W. Butler III Phone: (208)323-0777 Cell: Pager: Fax: (208)323-9465 Owner Name: Page: 1 of 1 Next Last i The Division of Building Safety makes every effort to produce and publish the most current and accurate in format on possible No warranties expressed or implied are prov-ded for the data herein, its use.. or its interpretation Utilization of th s webs to indicates understanding and acceptance of this statement t-800-955-3044, 1090 E Watertower St. Su to 150 Meriden 10 93642 HOME CONTACT httrnc•1!xxrPh rlhc Mnilhn nnx fatralrit2 (`netnm/Trlahn PtihlirWnrlrcQPnrARcltc acrtx 9/1111)(11 A IDSOS Viewing Business Entity Page 1 of 2 SFS IDAHO SECRETARY OF STATE Viewing Business Entity 9 Y 9r4� Lawerence Denney, Secretary of State [ New Search ] [ Back to Summa ] [ Get a certificate of existence for RUSSELL CORPORATION (THE) [ Monitor RUSSELL CORPORATION THE business filings ] RUSSELL CORPORATION (THE) 1940 S BONITO WAY #150 MERIDIAN, ID 83642 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING 01 Aug 1983 State of Origin: NEVADA Date of 01 Aug 1983 Origination/Authorization: Current Registered Agent: NEAL H RUSSELL 1940 S BONITO WAY MERIDIAN, ID 83642 Organizational ID / Filing C73509 Number: Number of Authorized Stock Shares: Date of Last Annual Report: 20 Jun 2016 Annual Report Due: Aug 2017 Original Filing: Filed 01 Aug 1983 CERTIFICATE OF AUTHORITY Annual Reports: Report for year 2016 ANNUAL REPORT Report for year 2015 ANNUAL REPORT Report for year 2014 ANNUAL REPORT Report for year 2013 ANNUAL REPORT Report for year 2012 ANNUAL REPORT Report for year 2011 ANNUAL REPORT Report for year 2010 ANNUAL REPORT Report for year 2009 ANNUAL REPORT Report for year 2008 ANNUAL REPORT Report for year 2007 UNDELIVERABLE Report for year 2007 ANNUAL REPORT Report for year 2006 httr�e•1(unznxr arraccirlahn nrnlnnhlirlenclrnrnl('7i5(19 html [ Help Me Print View TIFF ] View Image (PDF format) View Image TIFF format [ Help Me Print/View TIFF ] View Document Online View Document Online View Document Online View Document Online View Document Online View Document Online View Document Online View Document Online View Document Online View Image (PDF format) View Image (TIFF format) View Document Online 9/22/2016 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith - Unposted Transactions Included In Report 5200 - Parke - Admin 07 - Impact Fund From 10/1/2015 Through 9/30/2016 Date: 9/22/16 01:42:19 PM Pager 1. Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining Capital Outlay 96925 William Watson Park construction 0000 NON -DEPARTMENTAL 0.00 34.56 (34.56) 0.00% 10102 Bainbridge Property 0.00 37,295.52 (37,295.52) 0.00% 10517 William Watson Park 580,010.04 0.00 580,010.04 100.00% Development 10517.a William Watson - 80,960.00 80,960.00 0.00 0.00% Bainbridge Park Design Total Capital Outlay 660,970.04 118,290.08 542,679.96 82.10% TOTAL EXPENDITURES 660,970.04 118,290.08 542,679.96 82.10 Date: 9/22/16 01:42:19 PM Pager 1. ARTICLE 13 § 13.1 The Owner reserves the right to review and audit Construction Manager's records in regards to materials, costs, services or goods that are supplied or provided in pursuit of this Agreement. This request may be exercised at any time during (lie course of the Agreement, before final payment, or within 90 days of the conclusion of the Agreement, The failure to provide such records upon the reasonable demand of the Owner shall be considered a cause for breach of the Agreement and may be cause for termination and damages or liquidated damages to the Owner. ThZrVgnam ntered if as of the day and year first written above. ) CONSTRU ION MANAGER (.Signatrm•e) B / s� D •(l e;-e'Ir L 9r. Neal H. Russell President (Pf•inted imine am_ title) (Pruned name and title) AIA Document A133TM — 2009 (formerly A1217OCMc — 2003). Copyright O 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. hlit. WARNING: This AIA Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA° 19 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. t This document was produced by AIA software at 14:06:46 on 08/09/2016 under Order No.9725696861_1 which expires on 01/22/2017, and is not for resale. User Notes: (929378902) Meridian City Council Meeting & L DATE: September 27, 2016 ITEM NUMBER: 156 PROJECT NUMBER: ITEM TITLE: Change Order No. 3 Approval of Deductive Change Order No. 3 UV Disinfection Improvements to CH2M HILL ENGINEERS for the "WRRF UV DISINFECTION SYSTEM EXPANSION - CONSTRUCTION SUPPORT SERVICES" project for the Not -To -Exceed Deductive Amount of -$300,609.72. 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 �fEN��IANF-- CITY OF MERIDIAN 33 EAST BROADWAY MERIDIAN, ID 83642 CHANGE ORDER CHANGE ORDER NO. 3 PROJECT NO. 10055.6 CHANGE ORDER DATE: 9/27/2016 EFFECTIVE DATE: 9/27/2016 CONTRACTOR: CH2M HILL ENGINEERS PROJECT: WRRF UV DISINFECTION SYSTEM EXPANSION - CONSTRUCTION SUPPORT SERVICES The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description of additional work: (attach additional pages if needed) Design the retrofit of existing Pashall Flume & associated piping, services during construction, updated record drawings, reimbursement of the construction change order ($287,669.32) replacement parshall flume equipment purchase (PO #16-0351 $7,720.00) materials testing and inspection services $5,220.40. WHO REQUESTED THE CHANGE U City ❑ Contractor WHY IS THE CHANGE NECESSARY Check all that apply ❑ Unforeseen / Hidden Conditions ❑ Scope Change I] Error with the Plans and/or Specifications El Other - describe below Explanation: Design flaw prohibits accurate effluent flow measurement required by the NPDES permit. REASON FOR CHANGE ORDER VS. BIDDING ADDITIONAL WORK Check all that apply ❑ The work is in the area of the original contract and a conflict with the on-site contractor is probable and would make coordination of work difficult and bidding unreasonable. ❑ Time is of the essence and bidding would require the contractor to stop work and the City would face costly standby fees therefore making bidding disadvantageous ❑ Emergency Work to correct unsafe conditions. i] Other - describe below Explanation: (attached additional pages if needed) This work is a direct result of a design error. It would be unreasonable to inlist the services of a different design firm at this stage of the project. Page 1 of 2 CH2M 322 E Front Street Ch Suite 200 stiff Boise, ID 83702 208 345 5310 www.ch2nn.com SENT VIA EMAIL September 6, 2016 City of Meridian Public Works Department Attn: Warren Stewart 33 E. Broadway Avenue Meridian, Idaho 83642 Subject: Installation Retrofit of WRRF Parshall Flume Task Order Nos. 10055 and 10055.6 Under Master Agreement Dated Oct. 1, 2014 No Net Increase in Cost to City of Meridian Dear Mr. Stewart: As discussed with the City of Meridian on August 2, 2016, CH2M has agreed to the following without additional net increase costs to the City: City of Meridian to issue a new change order to Task Order 10055 under the existing Master for Professional Services (Category 2A) dated October 1, 2014. The purpose of this change order is to address costs for the design and construction of a retrofit for the Parshall flume including associated piping. Specifically, the proposed Change Order will include the following: CH2M to revise design and provide services during construction for the retrofit of the existing Parshall flume along with associated piping as a new change order to Task Order 10055 under the existing Master Agreement for Professional Services (Category 2A) dated October 1, 2014. The new change order is to include compensation by CH2M to the City (CH2M to pay City of Meridian), estimated at $287,669.32 ($295,106.82 minus $7,437.50 for asphalt pavement), for the construction retrofit work to be completed by the City's contractor, Performance Systems, Inc. (PSI), under a separate Contract for Public Works Construction agreement with the City. o CH2M to provide revised engineering drawings defining the retrofit work to be executed. o CH2M to provide an estimated 228 hours of services during construction for oversight during retrofit work executed by the City's contractor (PSI) of the Parshall flume structure and associated piping. CH2M to provide compensation (CH2M to pay City of Meridian) to the City for reimbursement of the costs associated with outside services provided by Materials Testing & Inspection (MTI) for materials testing and special inspection services in support of the retrofit construction work, estimated at $5,220.40. The City of Meridian will procure these services to be provided by MTI which include concrete testing, epoxy embed verification, rebar verification, and subgrade compaction testing. CH2M HILL ENGINEERS, INC. Page 2 • CH2M to provide compensation (CH2M to pay City of Meridian) for City purchased equipment, specifically the Parshall flume up to the amount of $7,720.00. CH2M's compensation to the City of Meridian includes the purchase price and associated delivery costs of this long lead equipment required for the retrofit work. Summary for Change Order to Project No. 10055.B: Description of additional work: • CH2M to provide revised engineering documents defining the retrofit work to be executed by the City's Contractor. CH2M to provide an estimated 228 hours of engineering services during construction for retrofit of the existing Parshall flume structure and including associated piping rework at NO COST to the City. • CH2M to provide reimbursement to the City for the following materials and services: o Performance Systems, Inc. $287,669.32 o Materials Testing & Inspection $5,220.40 o Parshall flume $7,720 These services and equipment are being contracted/purchased separately by the City. Additional costs may be reimbursable if additional change orders are approved by the City and CH2M for services or materials related to completion of the retrofit. It is anticipated that upon successful completion of the retrofit construction, the City will provide CH2M with a letter of acceptance of the retrofit work. CH2M appreciates the City's cooperation and efforts towards successful completion of this project. Please don't hesitate to contact me at 208-383-6266 or at mark.bowen@ch2m.com if you have any questions. Sincerely, CH2M WILL E " eers, Inc. Mark Bowen, P.E. Area Manager/Vice President CH2M HILL ENGINEERS, INC. Date: August 18, 2016 MTI Project #: B150778c Project Name: TASK #7: Ultraviolet Disinfection Improvements, 3401 North Ten Mile Road, Meridian, ID PAGE #1 OF 1 MATERIALS M600 - M:\REPORTskBolsE\2015 I LETDI DISINFECTION 799\8150778C -ULTRAVIOLET DISINFECTION I TESTING fr IMPROVEMENTS, 3401 NORTH TEN MILE ROAD. MERIDIAN, ID\B150778C-CHANGE ORDER Contract Sum Previous to This Current Change Order 0001_TASK #7.DOTx INSPECTION # of ❑ Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections Emily Skoro Phone: 208-888-4433 City of Meridian Public Works Department Fax: 208-887-4813 33 East Broadway Avenue, Suite 204 Other: EMAIL ONLY Meridian, ID 83642 RATE Date: August 18, 2016 MTI Project #: B150778c Project Name: TASK #7: Ultraviolet Disinfection Improvements, 3401 North Ten Mile Road, Meridian, ID Change in Completion Date Resulting from the Change in Scope of Work: none Original Contract Sum Change Order #: 0001 25,587.50 Change to Contract Sum by Previously Authorized Change Orders ► Contract Sum Previous to This Current Change Order $ 25,587.50 # of # of 5,220.40 New Contract Contract Sum Including This Current Change Order $ CODE ITEM UNIT RATE Totals Trips Units OILS TESTING & INSPECTION 33380 Soils Field Density Technician D2922/6938 5 20 HR $48 $960.00 92684 Proctor D698, D1557/T99, T180 EA $160 $0.00 92801 Sieve Coarse & Fine 0117, C136/T11, T27 EA $85 $0.00 92063 Atterberg Limits D4318/T89, T90 EA $90 $0.00 66610 Subgrade Inspector 3 9 HR $80 $720.00 33340 Sample Pick Up HR $48 $0.00 Sub -Total $1,680.00 CONCRETE TESTING & INSPECTION 33040 Concrete Inspector 10 30 HR $45 $1,350.00 33140 Epoxy Bolt/Dowel Inspector 4 12 HR $45 $540.00 92243 Concrete Cylinders C39/T22 30 EA $17 $510.00 33080 Cylinder Pick Up 4 6 HR $45 $270.00 Sub -Total $2,670.00 MISCELLANEOUS ITEMS 88260 Project Manager 4 HR $60 $240.00 91300 Mileage - 30 Miles R/T 26 780 EA $0.68 $530.40 81130 Summary Inspection Report HR $85 $0.00 88060 Professional Engineer 1 HR $100 $100.00 Sub -Total $870.40 Estimated Project Total: $5,220.40 Change in Completion Date Resulting from the Change in Scope of Work: none Original Contract Sum ► $ 25,587.50 Change to Contract Sum by Previously Authorized Change Orders ► Contract Sum Previous to This Current Change Order $ 25,587.50 Increase to Contract Sum by This Current Change Order ► $ 5,220.40 New Contract Contract Sum Including This Current Change Order $ 30,807.90 Accepted: Materials Testing & Inspection, Inc. Signature: Print Name & Title: Date: Company Name Signature: Print Name & Title: Date: 2791 S. Victory View Way • Boise, Idaho 83709 • (208) 376-4748 • Fax (208) 322-6515 mti@mti-id.com • www.mti-id.com SERIDIAN� �J CITY OF MERIDIAN 33 EAST BROADWAY AVE. MERIDIAN, ID 83642 (208) 888-4433 Vendor Address: GOBLE SAMPSON ASSOCIATES, INC 3500 SOUTH MAIN STREET, SUITE 200 SALT LAKE CITY, UT 84115 Description 36 Parshall Flume 8 Accessories Purchasing Manager: Special Instructions Purchase Order $/$/2016 Attention: Clint Dolsby Billing Attn: Finance Address: 33 E Broadway Ave Meridian, ID 83642 Shipping City of Meridian Wastewater Address: 3401 N. Ten Mile Meridian, ID 83646 Shipping Method: truck FOB: Destination Pre -Paid Unit Quantity Unit Price Dollar 7720.00 100 Purchase Order Total: Total 16-0351 7,720.00 36" Parshall Flume per written quote #QT -227811 Rev 1 dated 7/11/16. Not -To -Exceed $7,720.00 60-3590-96174-10055 $7,720.00 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $45,495.00 Original Contract Times: 365 days Net changes from previous Change Orders Net changes form previous Change Orders (calendar days) No. 1 to No. 7 No, 1 to No. 2 Note change order numbers here $158,130.00 Note change order numbers here 60 days Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (calender days) -$300,609.72 84 days er Bow amount is enance omer Total Change (Increase / decrease) to date: Total Days (Increase /decrease) to date: (calendar days) -$142,479.72 144 days New Contract Price with all Approved Change Orders: New Contract Times with all Approved Change Orders: (calendar days) -$96,984.72 509 days APPROV "e' + ACCEPTED: CH2M HILL Engineers By: ae . Ke 4f-7 Y I By: Ma�we Ice President 'g""' Date: I? — ; 7 — Date: APPROVED: (City Purchasing Manage!p DATE APPROVED BY COUNCIL (If required) By: Keith Watts % Date: Z % /j NO SIGNATURE REQUIRED DATE RECOMMENDED: (PW Deputy Director) By: Mike Pepin, Deputy Director Date: %; z / Design engineer worked with City and Contractor staff to determine method of correction and cost. Design engineer will reimburse the City for all costs associated with the retrofit of the Pashall Flume. Costs were negotiated between all parties with extensive research. City has a received quote for materials testing & inspection services and has ordered the Pashall Flume equipment (PO #16-0351). Please see the attached documents - letter from CH2M Hill dated September 6, 2016 - MTI quote dated August 18, 2016 and City of Meridian PO #16-0351. Purchasing Use Only Budget Available (Attach Report) Budget Information: Budget FY Amendment: Date Submitted to Clerk for Agenda: Approval Date: Purchase Order No. Date Issued: Page 2 of 2 Page 1 Memo To: C. Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Emily Skoro Date: 9/22/2016 Re: September 27 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the September 27 th City Council Consent Agenda for Council’s consideration. Approval of Deductive Change Order No. 3 UV Disinfection Improvements to CH2M HILL ENGINEERS for the “WRRF UV DISINFECTION SYSTEM EXPANSION – CONSTRUCTION SUPPORT SERVICES” project for the Not-To-Exceed deductive amount of -$300,609.72. Recommended Council Action: Approval of Deductive Change Order No. 3 to CH2M HILL ENGINEERS for the Not-To-Exceed deductive amount of -$300,609.72. This Change Order will offset the construction Change Order #8 ($295,106.82) to Performance Systems, Inc. Thank you for your consideration. City of Meridian Purchasing Dept. C ENDIAN%-�--e Public IDAHO Works Department TO: Keith Watts FROM: Emily Skoro Staff Engineer II DATE: 9/21/2016 Mayor Tammy de Weerd City Council Memberso Keith Bird Joe Borton Lulze Cavener Genesis Milam Anne Little Roberts Ty Palmer SUBJECT: WRRF UV DISINFECTION SYSTEM EXPANSION - CHANGE ORDER #3 WITH C112M FOR A NOT -TO -EXCEED AMOUNT OF -$300,609.72. I. DEPARTMENT CONTACT PERSONS Emily Skoro, Staff Engineer II 489-0356 Clint Dolsby, Assistant City Engineer 489-0341 Warren Stewart, City Engineer 489-0350 Tom Barry, PW Director 489-0372 II. DESCRIPTION A. Background The UV disinfection system expansion project at the Wastewater Resource Recovery Facility is almost complete. During the expansion it was determined that a critical design error was made on the elevation of the Parshall flume that caused inaccurate effluent flow measurement. A temporary fix was put in place while a plan was devised to correct the error. The redesign is finished and ready to be implemented to complete the project. B. Proposed Project To allow for accurate measurement of the effluent flow and to stay in compliance with the City's NPDES permit, the following changes are critical: • The UV disinfection system flume will be expanded and a new flume insert installed. • The pipe upstream of the flume will be re-layed at a lower slope percentage. Page I of 2 C. Describe Item This deductive change order will cover the construction costs of the additional flume and pipe. CH2M, the original design engineering company, is providing all engineering support services related to this portion of the project at no cost to the City. III. IMPACT A. Fiscal Impacts Project Costs: Fiscal Year 2015 CH2M Services during $45,495.00 Construction Contract ------------------------------------------------- _Total $45 495.00 --------------------------------------------- ------ Fiscal Year 2016 -;--------------------------------- ------------------- CH2M SDC Contract $158,130.00 ------------ ------- Proposed CH2M Flume -$300,609.72 Change Order -------------- ----- ------------ ---------------- Total -$142,479.72 Total Project Cost ; -$96,984.72 Project Funding -------- ----- --------------------------------- Fiscal Year Account Code / Codes -------------------------------- 20143590-92100 -------------------------- ;2015 3590-96174 2016 3590-96174 Total Funding B. Time Constraints $200,000.00: $2200000.00 $2,750, 000.00 $5,150,000.00 This portion of the project is critical to complete as soon as possible for the Wastewater Resource Recovery Facility Operations' staff to accurately measure the effluent flow, a requirement of the NPDES permit. Departmental Approval: Page 2 of 2 Meridian City Council Meeting 6 b DATE: September 27, 2016 ITEM NUMBER: �50 PROJECT NUMBER: ITEM TITLE: Approval of Change Order No. 8 Approval of Change Order No. 8 UV Disinfection Improvements to Performance Systems, Inc. for the "UV Disinfection Improvements" project for the Not -To -Exceed amount of $295,106.82. MEETING NOTES 9 APPROIED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CONTRACT CHECKLIST Date: REQUESTING DEPARTMENT Project Name: Project Manager: Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order? Yes No Change Order No. Fund: Budget Available ( Purchasing attach report ): Department Yes No Construction GL Account FY Budget: Task Order Project Number: Enhancement: Yes No Professional Service Equipment Will the project cross fiscal years? Yes No Grant Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach Master Agreement Category (Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License Expiration Date: Corporation Status Insurance Certificates Received (Date): Expiration Date: Rating: A+ Payment and Performance Bonds Received (Date): Rating: A+ Builders Risk Ins. Req'd: Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda: By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final $295,107 Emily Skoro If yes, has policy been purchased? Performance Systems, Inc. III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 60 3590 96174 10055.A TASK ORDER RFP / RFQ BID VII. TASK ORDER SELECTION (Project Manager to Complete) 7/14/2015 Award based on Low Bid Highest Ranked Vendor Selected VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved September 22, 2016 I. PROJECT INFORMATION 1/4/2016 1/1/2017 N/A 8 16 9/22/2016 PUBLIC WORKS UV DISINFECTION IMPROVEMENTS V. BASIS OF AWARD N/A N/A IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION N/A N/A N/A N/A Goodstanding PWC-C-15743 8/31/2017 �fEN�IANC-- CITY OF MERIDIAN 33 EAST BROADWAY MERIDIAN, ID 83642 CHANGE ORDER CHANGE ORDER NO. 8 PROJECT NO. 10055.a CHANGE ORDER DATE: 9/27/2016 EFFECTIVE DATE: 9/27/2016 CONTRACTOR: PSI PROJECT: UV Disinfection Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description of additional work: (attach additional pages if needed) Retrofit of existing Pashall Flume along with associated piping and paving. Please see attached for detailed description. Also included in this change order is a no -cost change to address ponding between the UV & Post Aeration Buildings. WHO REQUESTED THE CHANGE ] City ❑ Contractor WHY IS THE CHANGE NECESSARY Check all that apply ❑ Unforeseen / Hidden Conditions [I Scope Change El Error with the Plans and/or Specifications O Other - describe below Explanation: Design flaw prohibits accurate effluent flow measurement required by the NPDES permit. REASON FOR CHANGE ORDER VS. BIDDING ADDITIONAL WORK Check all that apply [p The work is in the area of the original contract and a conflict with the on-site contractor is probable and would make coordination of work difficult and bidding unreasonable. I] Time is of the essence and bidding would require the contractor to stop work and the City would face costly standby fees therefore making bidding disadvantageous ❑ Emergency Work to correct unsafe conditions. I] Other - describe below Explanation: (attached additional pages if needed) This work is a direct result of a design error by CH2M Hill. The project has not been closed out which makes bidding unreasonable. Page 1 of 2 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $2,299,172.00 Original Contract Times: 371 days Net changes from previous Change Orders Net changes form previous Change Orders (calendar days) No. 1 to No. 7 No. 1 to No. 7 Note change order numbers here $103,245.95 Note change order numbers here 63 days 'UnTe=oitar amount ane e e Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (calendar days) $295,106.82 84 days n er oar aff3-551 61 this change order Total Change (Increase / decrease) to date: Total Days (Increase /decrease) to date: (calendar days) $398,352.77 147 days New Contract Price with all Approved Change Orders: New Contract Times with all Approved Change Orders: (calendar days) $2,697,524.77 518 days APPROVED:-(htaya,;h,'� ACCEPTED: Performance Systems, Inc. D Kaleo Nawahi Pre Aent By: Zaniw"O�� jCel1`� By: Date: 'J - -7 7 �� Date: ?/f -//& APPROVED: (City Purchasing Manager) DATE APPROVED BY COUNCIL (If required) By: Keith Watts NO SIGNATURE REQUIRED Date: 0-2-11 & DATE. RECOMMENDED: (PW Deputy Director) By: Mike Pepin, Deputy Director s/ Date: ',;�ev' //- OR VERIFICA' ign engineer worked with City and Contractor staff to determine method of correction and cost. Design engineer will reimburse City for all costs associated with the retrofit of the Pashall Flume. Costs were negotiated between all parties with extensive ;arch. Budget Available (Attach Report) Budget Information: Budget FY jDate Submitted to Clerk for Agenda: {Purchase Order No. Purchasing Use Only Date Issued: Page 2 of 2 Amendment: Approval Date: August 18, 2016 Perrin Robinson Project Manager CH2M Hill 322 East Front Street Boise, Idaho 83702 RE: Meridian UV Expansion Project WCD #12 Dear Perrin, Performance Systems, Inc. ('PSI') respectively submits the following pricing for the Meridian UV Expansion Project. ('Project') WCD #12 Dated June 17th 2016 Referenced drawings YP-101 YP-103 and S-303; The following pricing includes • Furnish and install new 60" diameter manhole on existing 30" diameter pipe. • Remove and reinstall (a portion roughly 80') of 48" diameter outfall pipe. • Demolition of existing items (located in the existing parshall flume) to facilitate the new work. • Construct new concrete structure on upstream end of existing parshall flume structure. • Furnish and install new aluminum grating and frame for new concrete structure. Furnish and install bollards. • Labor only to install new parshall flume insert, supplied by CH2M Hill or others. • Temporarily remove existing instruments at parshall flume, reinstall the instruments and recalibrate instruments. • Dewatering from new manhole to parshall flume. Exclusions • Any splicing or extending the Main Idaho Power line that crosses the 48" pipe, should there not be enough slack to raise the line to set the pipe at correct grade. Power line encasement in concrete is not included. • Any splicing or extending of the fiber optic line if there is not enough slack to install the 48" pipe. • New Parshall Flume insert, qualified factory representative for 8 hours of installation assistance and certificate of proper installation • Materials testing of concrete, epoxy embeds, rebar, all sub grade, compaction and asphalt. • Winter conditions for concrete, grouting and earthwork. Pursuant to our meeting on July 14th 2016 we have included an alternate method for flow cont in lieu of the bypass pumping. We have included the cost of using coffer dams in the 85" man hole to divert the outflow. PSI/City/CH2M Hill inspectors will observe the dams for 24 hrs or it is determined it is safe to begin demolition of the 48" pipe. 2204 E. Lanark St., Meridian, ID 83642 (208)287-0800 If conditions or circumstances beyond our control occur and the coffer dams do not work, PSI proposes to use bypass pumping method at an additional cost of $67,960.00 plus PSI regular mark up. This proposal is subject to availability of the bypass pumps, material and excavators needed to complete this work, PSI is estimating it will take 8 weeks to get this substantially complete and an additional 2 weeks to finish site grading, calibrations and testing. If you should have any further questions, please don't hesitate to contact me. Respectfully, Eli Pace Project Engineer 2204 E. Lanark St., Meridian, ID 83642 (208)287-0800 CONTRACTOR'S NAME: Performance Systems, Inc. CONSTRUCTION COST ESTIMATE BREAKDOWN DATE: 28 June 2016 111111111111 + • - - • IIIIIIIIIilllllll REVISED: 8/18/2016 CONTRACT: CONTRACT TITLE: Meridian UV Disinfection Illlllllllll MODIFICATION # WCD-12 DESCRIPTION: Re -Work the parshall flume 15. CONTRACTOR'S WORK EXCLUDING MARKUPS Revisions/Comments 1. Direct Materials For RentIlllllllllll�lllllllllllliflll��, $65,837.01 2. Sales Tax on Materials 6.00% of line 1 Paving $3,950.22 3. Direct Labor Paving •• $34,170.00 4. Direct Supervision (hourly workers) 20% of line 3 National19. .. $6,834.00 5. Labor Insurance, Taxes & Benefits 32.00% of line 3 & 4 Eagle20. $13,121.28 6. Rental Equipment 5.00% $1,200.00 7. Sales Tax on Rental Equipment 6.0% of line 6 $72.00 8. Owned Equipment $5,300.00 9. SUBTOTAL (add lines 1-7) IJIIIIIIIIIIIIIIIIIII $130,484.51 10. Small Tools & Consumables 3.0% of lines 3-5 5.00% $1,623.76 11. (Delays Only) Field Office Overhead 45 Days X Rate=$773.911$34,828.88 $0.00 12. PRIME CONTRACTOR SUBTOTAL (Add Lines 9,10 & 11) $166,937.14 SUBCONTRACTOR NAMES & TOTALS EXCLUDING PRIME MARKUPS Revisions/Comments 13. lr&ffiac 111111111111 + • - - • IIIIIIIIIilllllll 14. Challenger Illlllllllll :: IIIIIIIIIIIIIIIII 15. A-CoreIIIIIIIIIIII •� fllllllllllllllll • For RentIlllllllllll�lllllllllllliflll��, $0.00 29. Prime's Profit on Direct Work Paving IIIIIIIIIIIIIIIIIIIIIIIIIIIII $16,693.71 Paving •• IIIIIIilllll =�� �� IIIIIIII111111111 Subcontractor's Work (from line 27) National19. .. IIIIIIIIIIII ����IIIIIIIIIIIIIIIII��I! $86,255.50 Eagle20. 111111111111 ••••� IIIIIIIIIIIIIIIIf 21. 5.00% 111111111111 Illlllllllllfllll 22. Ilnullun Inuunnuuli 23. Illlllllllll IIIIIIIilllllllll 27. • - • - IIIIIIIIIIIIIIIIIIIIIIIIIIIII E� Remarks: Signature & Title of preparer: Eli Pace Project Manager: :E_1 i. P&,,- C6 fire/1( CONTRACTOR MARKUPS Revisions/Comments 28. Prime Contractor's Work (from line 12) $166,937.14 $0.00 29. Prime's Profit on Direct Work 10.00% of line 28 $16,693.71 $0.00 30. Subcontractor's Work (from line 27) $86,255.50 $0.00 31. Prime's Profit on Subcontracted Work 5.00% of line 30 $4,312.78 $0.00 32. SUBTOTAL (add lines 28-32) $274,199.13 $0.00 33. Prime's Home Office Overhead (G&A) 5.00% of line 32 $13,709.96 $0.00 34. SUBTOTAL (add lines 33 & 34) $287,909.09 $0.00 35. Prime Contractor's Bond Premium 2.50% of line 34 $7,197.73 $0.00 36. SUBTOTAL (add lines 35 & 36) $295,106.82 $0.00 37. TOTAL COST $295,106.82 $0.00 Requested Time Extension: _52_ Work Days Calendar Days (Check One) Signature & Title of preparer: Eli Pace Project Manager: :E_1 i. P&,,- C6 fire/1( ~'��` QT O Q O QQ0 d H H H H H H H H H H H H H H H H H H H H fA H H H H H H H H H H H H H H w S � � g S m C N - N 0 H H 69169169 H H H H H H H H H H H H H H H U),69 H H H 61>1(a IA(n H f5 H H H� a D H H R H L91- H H H H H H H H H H H H H H H fA H H H H H H H H H H H H SSS SS S SpSpS SS ---S- S S U')u N e V ' pp ' NSO ' OOir (D htOCY� ' 8 ' m ' N (7 tON O N N O t010S '-O Ntl7P l0 fD P q LL9 (7 to C7 C7 W H H H H H H H H H H!A H H H M L91.91,% fA H H H w H H M H H (9 H H R H SOp � oS pSp ScScppS SS�rlpp t, S ' S d (O P7 N S Q' N (`7 S, S A (0D t0 t0co S OP1 N N OO c 1 w (O SA O 1: ci � Lo P C") CO to P H H H H ..1.9 H H H H H H H H H H H H H H H H H H H H H H H H "I I O 80008 S S p S O pp O OOO Cp C pp O C S OC $ S S C O . O S 1 G S C S O Q O B S S NCnim S S (O NR 0 000 O07ONON T M I C7 m (C NH HHH H H H H H H H H H H H H H H H H H H H H H H H H H H H H H OSV O S(O S S(A Sl p SSS5SSgSSSSSSSS p p S OpS oppcm;ppppl oSSS @p pp pO MOggIgMpOc MS M H H H H H H H in 69 H H H H H H H H H H H H H H HH H H HSppth HS H HH 0 N Q to S0 S O x C (7 N M C m m d m m m d d m m m d m m m m N f0 m m co m m d m m m mm m m m m m m d m m m m d m m m d m m m m m m m m m m m d m m m m m m m m m m d m Z. O h r 7 a) m'D Y U N m c m m m E 2 C N C v C v mm L i { s E () 3 _ O L m g O m 1] L O,._ p m (moi m 3 �' - v n Q O U V L p> m 0 N C m O LL 3 L C C g d L m Cp N �6 N ID C m Q m V +� C C s m' x 7 C y =O m N - E y€ w 3 N m y�j _ C m o d N x C x m L m a y m L W 7 d� '- C R 2 C O ? WEE O - d ' v m -C S m o a O m v v ao R c 'm'c �' E ip c c 'm p m c m c f m c - c E r m a o m �' o x c g y 3 c m Y m m "' m ?� ; m m€ E v` D- o 5 P m N 0 C ��O tD N p _ 41 mm Q c O; E m m C o 2 0 ca m - c o y d c N y DE F C.. m N C m C m m '� m v E m m F o 3ag (`E'�0'yEomS�� .8cl.0 33$��3EH .S WU' ¢U5a'c�mtnco0 �a'ac7�c��z�� zea a Nt77 (O (O P f0 O) O � N (h7 !P(O PVO)N N N N NN N NN oo Nf�('7 fN7 C0] MM SOS R 7� Q Description Qty Unit Unit Price Sub. Price 1 Subcontractor Cost 2 3 1 ea $ 4 1 ea $ _ 5 6 7 8 IRA MAC Challenger A -Core Rain for rent 1 1 1 1 ea ea ea ea $ 70,930.00 $ 2,858.00 $ 3,030.00 $ - $ $ $ $ 70,930.00 2,858.00 3,030.00 _ 9 Eagle land Survey 1 ea $ 900.00 $ 900.00 10 National Coatings 1 ea $ 300.00 $ 300.00 C&A Pavinq C&A Paving Re-mobe 2975 1 ea ea $ 2.50 $ 800.00 $ $ 7,437.50 800.00 1 ea $ _ 1 ea $ _ 1 ea $ 1 ea 1 $ 1 ea $ 1 ea $ - Sheet for Total $ 86,255.50 Kam .,r.1 Daily Field Office Overhead Cost Cale Item Descnptm % Usage Quantity Unit of Measure i Unburdened Labor Material w/o Tax Unit Price Total Unit Price Total Equipmerit Wo Tax Unit Price TotalUnit Subcontract Price Tonal ITotal Remarks 11 Pritiect Manager 25.0% 8.00 br S 50.00 S 100.00 S $ f S 100.00 11 Sum 100.0% 8.00 hr S 42.00 S 336.00 S $ S S 336.00 00611 EMJM Eansuae 0.0% 0.00 hr S f S S S 00611 S H 00611 M 11 F 0.0% 0.0% .0% 0.00 0.00 8. lir Is Ir S S S 32.00 S 64.00 S $ S S S S f S f S f S 64.00 OD61 AdmhishaWeA>�ant 00502 Se Consultant 5.0% & I hr mon S 25.00 $ S 600.00 S 10.00 S S S S S S S S 10.00 00500 Pouts S Submetal Materials S S S S S 00503 Ta - Lead Paint S f S S S 00510 Tem Electric S f S $ $ 00511 Ekxtritity a 01. 1 da • S S 3.00 S S S S 00512 Water U Itncl boukd water 100% 1 div S S 2.00 f 2.00 $ S S '' 00 00513 Tem • Toilet Usage 1001. I $ S 5.00 S 5.00 S S S 5.00 00515 Site Communications Rados S S S $ S 00516 Local Phone Senior S S - S - S S 00517 Cellular Moble Service 100•i I S S 5.00 S 5.00 S S S 5.00 00518 Distance Phone Senxe S S S 00520 Office CI • Scivice S S f S S 00524 Trash Service - Tonnage S S S S S 00524 Trash Senior -Rental 10016 1 day $ 6.00 S 6.00 S f f 600 00524 Trash Service - Dumps 00527 DrugTati S - S S S S 00528 Shop- Secure Material St e S $ S S S 00530 T . Fences R Barriers Rental S S $ S 00553 Supct,10C Teck Chame 100% 1 day S S S 50.00 S 50.00 S S 50.00 00553 Phi Truck Chartc 23% 1 da $ S S 50.00 $ 1250 S f 12.50 005 W Small Took & Consumshks 01: I day S S 10.50 f $ S S 00562 Mileage Reimbursement S - $ S S $ 00565 Licensing & Permits S S S S S 00570 Travel - Tram -Airfare S S 1 is S 00570 Travel - Trans - Car Rental I S I S - S S S 00570 Tram] - 7 - Perlin¢ S I S S S f 00571 Per Diem - Lodging 016 1 day S f S S S S 00573 Per Diem - Mals 01: I S 1 I S - S S S 00580 11) Signs 1 S Is S f S 00581 Trailer Set-up & Remove S $ S $ 00582 Trailer Rental 10016 1 day S - S 6-50 S 6.50 S S f 6.50 00584 Field Office Eirpente S S S $ S 00585 Office F S S S S S 00586 Office S1avueavice S S S S S 00587 Office Purchased S S S S S 00590 Office supplicis 1001; 1 day S $ 330 S 3.50 S S S 3.50 00591 Postage Messer errs Fede 011 1 day S f 3.00 S S S S 00592 ke•CoR«.'Cu 0% 1 da • S S 0.85 1 S S S S 00593 Business Meals 1 I f f S S D0650 SaI Related labor S S S f 00651 S Related Muerials 1001: I da • S S 8.25 S 8.25 S S S 8.25 00681 Gasoline Fuel 1001: I da S S S 30.00 S 30.00 S f 30.00 00710 IT Hardware Purchase S S S S S 00720 IT Software Purchase S S S S S 00730 La IT hardware Mauncru nce 01: I da f S 4.00 f S S S 00740 IT Internet Connection 011 I S S 4.00 S S S S 00750 IT Consumables S S S $ S 1 S S S $ a . a nae 13 Saks/Use Tax on Materials and Equipment Use 6.001E f 2 Is f 5 55 Labor Burden, Fringes Insurance. Payroll Tues 25.0011 S 12750 Markup on General Conditions _ 0.00% 0.00 Total PSI General Conditions Detailed Estimate S 63750 $ 38A3 1 9805 S S 773.98 2785 S. Liberty Boise, Idaho 83709 208-362-3877 Fax 208-362-3928 robert@ira-mac.com P.W.C.# 11061-A-4 TO: P.S.I. 6"2312016 ATTN: Eli RE: U.V. Expansion New Parshall Flume Expansion and associated pipe work. New Manhole at 30" pipe and excavation for by pass pipe: Manhole Box rental $ 850.00 MOB Box, plates and equipment $ 150.00 $ 1500.00 (2)steel plate rental $ 75.00 $ 2000.00 40 hrs Excavator ( 120) and operator $ 125.00 $ 5000.00 40 hrs Dump truck and driver $ 75.00 $ 3000.00 40 hrs backhoe and operator $ 95.00 $ 3800.00 60 c.y.'s bedding chips $ 18.00 $ 1080.00 Dump fee's (120c.y.) $ 3.50 $ 420.00 Sub Total $17,625.00 Excludes Manhole and installation, pipe and installation, core drilling, dewatering, shoring that is not done with listed equipment. Excavate and backfill for new Parshall Flume: Trench Box Rental and 14' Spreaders $ 4000.00 40 hrs trackhoe and operator( 690) $ 150.00 $ 6000.00 40 hrs dump truck and driver $ 75.00 $ 3000.00 40 hrs labor $ 45.00 $ 1845.00 20 hrs Backhoe and operator $ 95.00 $ 1900.00 dump fee's ( 360 c.y.) $ 3.50 $ 1260.00 Bedding chips (60 c.y.) $ 18.00 $ 1080.00 Sub Total $19,085.00 Excavate, Remove and Re install 85'of 48" pipe: Trench box rental and spreaders $ 2000.00 MOB $ 340.00 Trackhoe rental ( 290) $ 3500.00 MOB $ 340.00 48 hrs operator and fuel $ 75.00 $ 3600.00 48 hrs labor $ 45.00 $ 2160.00 40 hrs dump truck and driver $ 75.00 $ 3000.00 48hrsbackhoe and operator $ 95.00 $ 4560.00 150 c.y.'s chips $ 18.00 $ 2700.00 24 hrs loader and operator( spoils removal) $ 95.00 $ 2280.00 16 hrs hoe pac $ 95.00 $ 1520.00 Sub Total $ 26,000.00 Regrade for Asphalt: Remove and replace storm drain pipin ( Allowance) $ 2500.00 16 hrs backhoe and operator $ 95.00 $ 1520.00 16 hrs labor $ 45.00 $ 720.00 40 c.y.'s base gravel $ 18.00 $ 720.00 8 hrs roller $ 65.00 $ 520.00 Sub Total $ 5980.00 Fiber and power lines: Uncover Fiber and Power 8 hrs backhoe and operator $ 95.00 $ 760.00 8 hrs labor $ 45.00 $ 360.00 Uncover power line $1120.00 Sub Total $ 2240.00 Total $ 70,930.00 Ira -Mac will not reloacate or move Idaho power primary line to transformer. We will adjust fiber line if there is enough slack in line. Not responsible for damage to power or fibre. Excludes: survey, layout, testing, permits and fee's, pipe and installation, manhole and installation, lifting slings, de -watering, traffic control and barricades. Re installation of 48" will be done by P.S.I. IRA -MAC will lift and set pipe only. Cutting of existing 48" pipe will be by others. BY PASS PUMPING by others, pipe plugs by others. Alternative route for access to the west side of the facility will need to be arranged prior to the work being done. Road way will be blocked for days at a time. Availability for this project will be based on our current work load at the time a decision is made for this project. 1415 Madison Avenue Nampa, ID 83687 Ph: 208.461.0608 Challenger Companies, Inc. Fax: 208.461.0650 ELECTRICAL - MECHANICAL - PLUMBING WCD #12 Pricing Wednesday, June 29, 2016 Attn: PSI, Eli Pace Re: Meridian UV WCD #12 Challenger Companies Inc. is pleased to offer pricing in regards to WCD #12 for the Meridian UV project. Electrical Includes: 1. Electrical terminations ONLY of bypass pumps to power source supplied by others 2. Rotation testing of bypass pumps 3. Demo of electrical items currently installed on Parshall flume (Bubbler'rack, transducer, light pole) 4. Re -installation of electrical items currently installed on Parshall flume (Bubbler;'rack, transducer, light pole) after Parshall flume work is completed 5. Calibration of instrumentation previously installed on Parshall flume after re -installation 6. Electrical demo of terminations ONLY of bypass pumps to after bypass pumping is completed The Above Quotes Exclude: 1. Supply of pumps, VFD's, pump cord, power source for bypass pumps 2. Placement of pumps 3. Any mechanical installation 4. Any materials needed for bypass pumping system 5. Anything not listed above. Note: This quote is for labor and calibration ONLY, any materials needed will be charged at a Cost+Mark-up.'Tax rate Best Regards, Joe Gastelecutto Challenger Companies Inc. www.challenLyercomvaiiies.com Electrical License #04512, HVAC License # C4609, Plumbing # C1223, Idaho Contractor # RCE -7735 Public Works # 12879 -AA -1-4(15700, 15510, 02310, 06200, 13800, 15100, 15400, 07700, 05090, 16000), Montana Electrical Contractor # 2330 6531 Business Way Boise, ID 83716 Phone: (208) 384-0500 Fax: (208) 384-1942 www.a-core.com PERFORMANCE SYSTEMS INC. 2204 E. LANARK ST. MERIDIAN, ID 83642 (208) 287-0800 Fax: (208) 287-0801 PROJECT: UV EXPAND WCD C.O#012 MERIDIAN WWTP MERIDIAN, ID QUOTATION 96210 QUOTED DATE: 06/28/16 QUOTED BY: SPENCER SIPE QUOTED TO: ELI PACE JOB SITE/CELL: ( ) - JOB NUMBER: WORK TO BEGIN: Quantity Description Unit Price 1.00 SAW CUT A 5'2" WIDE OPENING 1' TO 2' ABOVE 600.00 600.00 PARSHALL FLUME PIPE IN A 12" THICK CONCRETE WALL. (ESTIMATED @ 4 HOURS WALL SAWING @ $150.00 PER HOUR.) 1.00 SAW CUT AN EXISTING PARSHALL FLUME AS NEEDED 1,080.00 1,080.00 FOR REMOVAL OF FLUME PIPE & CONCRETE SURROUNDING IT 6" DEEP. (ESTIMATED @ 8 HOURS ON JOB @ $135.00 PER HOUR.) 1.00 CORE DRILL A 34" DIAMETER HOLE IN A MANHOLE 1,350.00 1,350.00 FOR NEW 30" PIPE SECTION. (PRICE INCLUDES PICK UP & DILIVERY OF 34" CORE BIT FROM SALT LAKE CITY.) EXCLUSIONS: LAYOUT, LOCATING OR REPAIRING UTILITIES IF NEEDED, SHORING IF NEEDED, SCAFFOLDING OR MAN LIFT IF NEEDED, TRAFFIC CONTROL OR BARRICADES IF NEEDED, REMOVAL OF EQUIPMENT OR FURNISHINGS IN WORK AREA IF TOTAL BID PRICE: $3,030.00 A -CORE WILL NOT BE RESPONSIBLE FOR LAYOUT OR DAMAGE TO BURIED STRUCTURES OR UTILITIES. TERMS NET 30 DAYS. A FINANCE CHARGE OF 1.5% PER MONTH (ANNUAL PERCENTAGE RATE 18%) WILL BE CHARGED ON INVOICES UNPAID 30 DAYS FROM BILLING DATE IN ANY ACTION NECESSARY TO ENFORCE THIS AGREEMENT THE BUYER WILL PAY REASONABLE ATTORNEY'S FEES AND COSTS AS DETERMINED BY THE COURT THERE WILL BE A MINIMUM SERVICE CALL CHARGE OF $65.00 UNLESS CANCELLATION OCCURS BEFORE OPERATORS ARRIVAL. ACCEPTED BY: PERFORMANCE SYSTEMS INC. A -CORE of Boise, Inc. SIGNATURE: SIGNATURE: DATE: DATE: PRICE IS SUBJECT TO CHANGE IF NOT ACCEPTED WITHIN 30 DAYS OR CONDITIONS ON JOB VARY FROM THIS QUOTATION. Serving the Construction Industry Since 1974 Concrete Sawing & Drilling Diamond Wire Sawing Demolition Joint Sawing & Sealing Grinding & Grooving i QUOTATION 6531 Business Way 96210 Boise, ID 83716 Phone: (208) 384-0500 Fax: (208) 384-1942 www.a-core.com PERFORMANCE SYSTEMS INC. 2204 E. LANARK ST. MERIDIAN, ID 83642 (208) 287-0800 Fax: (208) 287-0801 PROJECT: UV EXPAND WCD C.0#012 MERIDIAN WWTP MERIDIAN, ID QUOTED DATE: 06/28/16 QUOTED BY: SPENCER SIPE QUOTED TO: ELI PACE JOB SITE/CELL: ( ) - JOB NUMBER: WORK TO BEGIN: Quantity Description Unit Price NEEDED. A MINIMUM CHARGE WILL APPLY PER SERVICE CALL. TOTAL BID PRICE: $3,030.00 A -CORE WILL NOT BE RESPONSIBLE FOR LAYOUT OR DAMAGE TO BURIED STRUCTURES OR UTILITIES. TERMS NET 30 DAYS. A FINANCE CHARGE OF 1.5% PER MONTH (ANNUAL PERCENTAGE RATE 18%) WILL BE CHARGED ON INVOICES UNPAID 30 DAYS FROM BILLING DATE IN ANY ACTION NECESSARY TO ENFORCE THIS AGREEMENT THE BUYER WILL PAY REASONABLE ATTORNEY'S FEES AND COSTS AS DETERMINED BY THE COURT THERE WILL BE A MINIMUM SERVICE CALL CHARGE OF $65 00 UNLESS CANCELLATION OCCURS BEFORE OPERATORS ARRIVAL ACCEPTED BY: PERFORMANCE SYSTEMS INC. A -CORE of Boise, Inc. SIGNATURE SIGNATURE: DATE: DATE: PRICE IS SUBJECT TO CHANGE IF NOT ACCEPTED WITHIN 30 DAYS OR CONDITIONS ON JOB VARY FROM THIS QUOTATION. Serving the Construction Industry Since 1974 Concrete Sawing & Drilling Diamond Wire Sawing Demolition Joint Sawing & Sealing Grinding & Grooving 10-096-695912 Custom Estimate Developed Especially for: Eli Pace Performance Systems Inc 2204 E Lanark St Meridian, ID 83642 Phone: 208-287-0794 Ext. Fax: Prepared on 6/30/2016 by: John Laible Cell: 208-919-3898 1303 N. 20th Street Nampa, ID 83687 Phone: 208-466-8929 Fax: 208-466-8514 www.rainforrent.com All estimates are Time and Materials unless stated otherwise in the Scope of work section of this document. Printed 6.130/2016 12:04 PM Page 1 of 7 Estimate Confidentiality Notrce This quotation and any associated document s) are privileged and canfidLnt,al, and are intended f r Ilia sole use of the pddre5see(st. They cannot bbe used, cuculated dupl sated, quoted or othervnse referred to or dii osed to thudppa�e0s for any reason w thous the written consent of an 8tticer of Western Oilfields Supply Company dbarRain for Rent It you have received this mformahon in error, please immediately contact us at return@ralnlorrent cam Thank you R ,if. o�9 G �" 'H Nampa Estimate Number: 10-096-695912 Prepared By: John Laible Customer: Performance Systems Inc Customer ID: 962555 Address: 2204 E Lanark St City/State: Meridian, I D 83642 Contact: Eli Pace Office: 208-287-0794 Ext, Fax: Rental/Sale Estimate www.rainforrent.com 1303 N 20th Street Nampa, ID 83687 Phone: 208.466-8929 Fax 208-466.6514 Job Description: Customer needs a bypass of treated sewer water from inside a building -Rain for Rent to mob and de mob equipment needed. -Customer to supply power and wire submersible pumps. -Rain for Rent to perform pump watch. Location: Meridian WWTP Rental Sub Total: $16,902.92 ')t Sale Sub Total: $23,323.05 Sub Total: $40,225.97 Est. Delivery Hauling $4,679.00 Est. Pick-up Hauling $1,279.00 Est. Install Labor $7,620.00 Est. Removal Labor $4,06400 Est. Services $57600 Est. Air Quality Fee $0.00 Est. Rev Air Quality Fee •$0.00 Est. Envfro Recovery Fee $0.00 Est. Rev Enviro Recovery Fee -$0 00 ( Does Not Include Sales Tax) Estimate Total: $58,443.97 Date Prepared: 6130?2016 Valid Until. 713012016 fi 7 (vim Customer Date Revision 2 By signingth s estimate. customer represents that customer has read and agreed to all terms of this estimate. including those on Terms & Conditions page and those on the Scope of Work page (if applicable) KW4 zk T41 eab'-: 110 7 L4-6 7 Printed 6/30/2016 12:04 PM Page 2 of 7 Estimate Confidentlatny Notice This quotation and any a sociated document s) are pnv'eged and confidential, and are intended f r the sole use of file addre see s) They cannot ty e used c rculnted duplicated, quoted or otherwise referred to or disclosed to thirdppa�as for an en on wthout the written consent of an 8tLcer of Western 01fields Supply Company dbafRa-n for Reit II you have rece,ved this information to error, please immediate:'y contact us at return(pprainforrent c�m l aek you Nampa Estimate Number: 10-096-695912 Rental/Sale Estimate www.rainforrent.com Application: bypass Materials: treated sewer water Flow: 5,000-11,500 gpm Friction Loss: 17.2 *Rain for Rent Cycle = 28 Days. This estimate has not been flagged as PREVAILING WAGE. Rental Items 1303 N. 20th Street Nampa, ID 83687 Phone: 208-466-8929 Fax: 208-466-8514 Qty Unit Duration Item Description Day Week 'Cycle Extension 4 Each 1 Week +821055 10" SUBMERSIBLE PUMP DEWATERING FLYGT 88HP $0.00 $944.99 $0.00 $3,779.96 4 Each 1 Week 722953 POWER CABLE 1/3x100' $0.00 $327.00 $0.00 $1,308.00 3 Each 1 Week +638630 DRIVE VAR FREQ 150HP $0.00 $630.00 $0.00 $1,890.00 1 Each 1 Week +829015 SUBMERSIBLE PUMP PANEL 100HP 480V 3 PHASE $0.00 $213.02 $000 $213.02 1 Each 1 Week +840540 GENERATOR 240KW $0.00 $2,894.12 $0.00 $2,894.12 1 Each 1 Week +840540 GENERATOR240KW $0.00 $1,285.89 $000 $1,285.89 1 Each 1 Week MRC FUEL TRAILER $0.00 $350.00 $000 $350.00 1 Each 1 Week MRC QUICK CONNECT CABLES $0.00 $376.50 $000 $376.50 1 Each 1 Week +638010 AnDRU BOX $0.00 $1,260.13 $000 $1,260.13 1 Each 7 Day 726698 INSTRUMENTATION STAND $15.00 $0.00 $000 $105.00 4 Each 1 Week 727949 12"x10" REDUCER ADAPTERGROOVED $0.00 $15.65 $0.00 $62.60 4 Each 1 Week 720769 10" COUPLER GROOVED HEAVY WEIGHT $0.00 $7.83 $0.00 $31.32 8 Jnt 1 Week 970905 PIPE 12"x5' GROOVED ALUMINUM $0.00 $12.53 $0.00 $100.24 6 Jnt 1 Week 970910 PIPE 12"x10' GROOVED ALUMINUM $0.00 $15.65 $0.00 $93.90 4 Jnt 1 Week 970915 PIPE 12"x15' GROOVED ALUMINUM $0.00 $20.35 $0.00 $81.40 4 Jnt 1 Week 970920 PIPE 12"x20' GROOVED ALUMINUM $0.00 $23.48 $0.00 $93.92 20 Jnt 1 Week 970930 PIPE 12"x30' GROOVED ALUMINUM $0,00 $29.74 $000 $594.80 8 Each 1 Week 721198 12" ELBOW 45 DEGREE GROOVED $0.00 $15.65 $0.00 $125.20 16 Each 1 Week 722057 12" ELBOW 90 DEGREE GROOVED $0.00 $15.65 $0.00 $250.40 8 Each 1 Week 725244 12" TEE GROOVED $0.00 $15.65 $0.00 $125.20 4 Each 1 Week 720458 12'x12"x4" TEE GROOVED x MIPT $000 $15.65 $000 $62.60 4 Each 1 Week 721071 AIR VENT 3" AV150 WATERMAN $0.00 $26.61 $0.00 $106.44 8 Each 1 Week 726314 12"x12" ADAPTER WELDED FLANGE x GROOVED $0.00 $15.65 $0.00 $125.20 90 Each 1 Week 720770 12" COUPLER GROOVED HEAVY WEIGHT $000 $9.40 $0.00 $846.00 4 Each 1 Week 725092 BUTTERFLY VALVE 12" GROOVED GEAR OP $0.00 $69.02 $0.00 $276.08 150 Each 7 Day 724934 PIPESTAX 4" $0.30 $0.00 $0.00 $315.00 1 Each 1 Week MRC MISC FITTINGS $0.00 $150.00 $0.00 $150.00 Printed 6/30/2016 12:04 PM Page 3 of 7 Estimate Confidentiality Notice This quoralon and any associated documentfs) are privileged and. confidential, and are Inte fpr the sola use of the �ddregseeis) They cannot be used. circulated Ouplicated, quoted or otherwise referred to or disclosed to third�addles for any re son without the written consent oiled an Officer of Western Oilfields upp y Company dbaf ain for Rent If you have received this information in error. please immediately contact us at return ( raintorrent com hank you Rental Sub Total: $16,902,92 Sale Items Gly Unit Item Description Unit Price Extension 1 Each MS PRESSURE TRANSDUCERS, WIRE. CONNECTORS AND MISC PART FOR VFD'S $8.548.76 $8,548.76 1 Each MS LABOR TO BUILD VFD'S AND TUNE PUMPS $6,394.29 $6,394.29 1 Each MS DAILY PUMP MONITORING $1,900.00 $1,900.00 1 Each MS ESTIMATED FUEL FOR GENERATORS FOR 7 DAYS $6,480.00 $6,480.00 Sale Sub Total. $23,323.05 Sub Total: $40,225.97 C3 �11 ,uIL, 14,u Printed 6.30+2016 12:04 PM Page 4 of 7 Estimate Confrdent,atty Notice Th+s qR otat,on and any associated document s) are pnv,leoed and confident,at. and are intended 18, the so'e use of the addre sees) They cannot be used. cvculated. �1up4cated quoted or othervnse referred to or disclosed to third aAies for any r Wn without the written consent of an �tf cer of Western Oilfields upply Company dbaiRan for Rent If you have received this n ormauon in error. please immediately contact us at returnC rain orrent com Thank you ,<-J,—(. t -A , i f�A 9 a I= S i�Nampa Estimate Number: 10-096-695912 Rental/Sale Estimate www.rainforrent.com Statement of Work Background: Customer requires a bypass of treated sewer with flows between 5,000-11,500 gpm. 1303 N. 20th Street Nampa, ID 83687 Phone: 208-466-6929 Fax: 208-466-8514 Scope: Rain for Rent will provide labor and equipment necessary to deliver, install, remove, and demobilize the sewer bypass products outlined in the quote. The suction location will be inside the outfall building and discharging at two locations. One into the 24" manhole outside the door and the other into the flume box. References Materials: Information provided by customer and job walk. Operating Parameters: System is designed to operate at a flow rate of 5,000-11,500 gpm. System must maintain a level of 4' in the channel. Suction Location: Channel inside outfall building Discharge Locations: 24" manhole and flume box Pipe Distance: Estimated 40' to manhole and 150' to flume box. One back up pump will we installed All pumps will have there own discharge piping. Estimated Duration: For the quoted items, Rain for Rent requires a signed quote not less than 14 days prior to delivery. Planned Schedule Durations: Mobilization of equipment that needs to be brought in: 7-10 days Installation: 3.5 days Operation: 7 days Removal: 2 days Rain for Rent Responsibilities: - Labor and equipment necessary to perform one (1) unimpeded delivery & return trip per load to site. - Labor and equipment necessary to install & remove system except for customer provided items. - Equipment and services expressly included in this scope. - Pump watch during bypass. - Provide fuel for generator. Customer Responsibilities: - Ensure that the application of this system does not damage nearby structures or cause negative impacts to the environment either directly or indirectly. - Provide all needed unloading, testing, operations and maintenance, cleaning and reloading of provided equipment. - Promptly notify Rain for Rent of any service or performance related needs. Printed 6/30/2016 12:04 PM Page 5 of 7 Estimate Confidentiality Notice This quotation and any associated document/;) are privileged and, confidential, and are intended t r the sole use of the addressee s) They cannot be used. circulated duplicated, quoted or otherwise referred to or disclosed to third poa ies for any rea on without the written consent of an Officer of Western Oilfields Supply Company coal ain for Rent It you have received this information in error, please immediately contact us at returnlarainforrent com Thank you Nampa Estimate Number: 10-096-695912 Rental/Sale Estimate www.rainforrent.com 1303 N. 20th Street Nampa, ID 83687 Phone: 208-466-8929 Fax: 208-466-8514 - Dedicated equipment with operator and fuel to perform unloading activities. Equipment must be capable of lifting 4,000 lbs. - Perform system hydrotest and flushing operations. Flushing and cleaning of equipment must be performed to Rain for Rent standards prior to return. - All routine maintenance including fuel, fluids, lubrication, and filters. Engine driven equipment requires servicing every 250 hours. Customer will automatically be charged an engine service fee based on the actual hours of equipment usage. The fee is $1-2.00 per hour based on engine size. The engine service fee can be waived if customer provides documentation substantiating the service was performed as per Rain for Rent's requirements. Rain for Rent must be notified 2 business days in advance to schedule required field service. - Provide fueling, filter changes, and lubricating oils as needed for project operation. - Protect system from damage and malfunction due to temperature or any substance that will cause corrosion, damage or leakage. Customer must provide protection that does not impede system function. Customer is responsible for all damages to systern. - Supply all needed water for any applicable system testing, startup, and cleaning. - All labor & materials to perform system chlorination and deodorizing. - All waste materials on associated with this system. - Provide any needed vehicular or pedestrian traffic control, site security, sewer plugs, and the modification or alteration of any permanent structure or site element, including any needed suction pits, pump pads, and discharge locations. - Identify at -risk laterals and provide notifications to affected property owners of work recommending plugs be used in low lying rooms (basements). Rain for Rent Exclusions: - All work associated with sewer plug installation, monitoring, and removal. - All labor, equipment and identification of areas for sump pumping, lateral line flows, system infiltrations and similar are excluded. - All design input and services. This system is provided as per customer provided information. - Compliance with unknown discharge requirements. Additional Information Always use equipment in a safe and proper manner and in accordance with manufacturers and regulatory standards and industry best practices. Improper usage will cause system failure, product damages, possible injuries, and spills. Printed 6/30/2016 12:04 PM Page 6 of 7 Estimate Confidentiality Notice This quotation and any associated docurdmeean4s)) are privileged and confidential, and are intended f r the sole use of the addressee s). They cannot be used' ecerved,hduplicated rion Inter or otherwise please s referred efers ely contact us efuirKNrair�Morreany m Tha^ yhoouut the wntlen consent of an Officer of Weslem Oilfields Supply Company dba Rmn for Rent 11 you have • Rental/Sale Estimate Nampa www.rainforrent.com 1303 N- 20th Street Nampa, ID 83687 Phone: 208-466-8929 Fax: 208-466-8514 Estimate Number: 10-096-695912 Terms & Conditions Additional Terms 1. If Customer has entered into a Master Service Agreement with Rain for Rent and there is a conflict between the terms and conditions of this Scope of Agreement and the Customer's Master Service Agreement, then the terms and conditions in the Customer's Master Service Agreement signed by Rain for Rent will prevail. 2. Availability of products and services is subject to change without notice. 3. The rental period begins the day the equipment is delivered and continues until returned to originating Rain for Rent facility unless agreed to in writing before the rental period begins. A cycle is defined as 4 weeks, which is 28 days. The weekly price is one third of the cycle price, and the daily price is one third of the weekly price. Payment terms are net 30 days from invoice date. Interest at the rate of 18% per year shall be charged on any past due invoice. 4. A Fuel Surcharge will be calculated and invoiced based on the diesel fuel price as published by the Department of Energy on httpJ/tonto.eia.doe.gov/oogtinfotwohdp/diesel.asp 5. Customer is prohibited from deducting retention from Rain for Rent invoices and charging Rain for Rent liquidated damages. 6. Customer is responsible for flushing and cleaning tanks, roll off boxes, pipelines, pumps, filters and other Rain for Rent equipment prior to return unless specifically agreed to by both parties in writing. 7. The Terms and Conditions of the Rain For Rent Rental and Acute Hazardous Waste Agreements, Credit Application/Master Rental 8 Sales Agreement, Invoice and this Quotation (also known as the Rain for Rent Rental/Sale Estimate as may be referenced in any Master Service Agreement, Blanket Purchase Order, or any other contractual document executed between the parties) contain the complete and final agreement between Rain For Rent and Customer and no other agreement in any way modifying or adding to any of said Terms and Conditions will be binding upon Rain For Rent unless made in writing and signed by a Rain For Rent Corporate Officer. 8. The Customer cannot alter the equipment without Rain for Rent's prior written approval. Customer is responsible for equipment, repairs, maintenance and damage, excluding normal wear and tear or damage caused by Rain for Rent. All returned equipment is subject to inspection by Rain for Rent personnel. Damages and accrued rent will be invoiced to Customer while equipment is out of service for repairs. The Customer is responsible for damage caused by reactive, corrosive or abrasive material; including, but not limited to sand, sodium hydroxide, chlorine, and acids. Customer must notify Rain for Rent immediately of any spill so that any necessary repairs to the system can be made and to minimize service interruption. The Customer assumes all risks of loss due to operation and use of the equipment. Customer will provide "all risk" property insurance for rented equipment. 9. Customer shall pay Rain For Rent additional expenses caused by unforeseen or changing conditions, including, but not limited to, soil, underground conditions, rock formations, environmental conditions, weather events, regulations or restrictions, hard pan, boulders, cesspools, gas lines, water lines, drain pipes, underground electrical conduits or other above ground or underground obstructions. 10. All equipment rented or used products sold are provided "AS IS, WHERE IS" in their present condition. Rain for Rent makes no warranties, expressed or implied of any kind whatsoever with respect to the equipment or products. Customer agrees that customer is renting equipment or purchasing used products based on their judgment and evaluation, without reliance upon any statements of representations by Rain for Rent, and that Rain for Rent is not responsible for any defects in their operation or for any repairs, parts or services, unless otherwise noted. 11. All new products sold are provided without warranty beyond the terms of such warranty offered by the manufacturer, if any. Customer must comply with all original manufacturers terms and conditions for any warranty claims that may arise. Neither Rain for Rent nor the manufacturer warranties the product if it has failed due to corrosion, misuse or damage; (2) it has been altered, repaired or modified in any way that would adversely affect its operation; or (3) it was installed or operated other than in accordance with manufacturer's operating instructions. Products supplied by Rain for Rent are warranted to be free from any defect in workmanship and material under conditions of normal use and service. Rain for Rent's obligation under this warranty is limited to replacing or repairing at the designated manufacturer's or Rain for Rent facility any part or parts returned to it with transportation charges prepaid, which Rain for Rent determines in its sole discretion to be defective. 12. This Quotation excludes any additional costs to Rain for Rent associated with Owner Controlled Insurance (OCIP) or WRAP insurance programs that will be added to Rain For Rent's prices. 13. De -watering, Roll -off, Vacuum boxes and similar equipment are not liquid tight. Rentee accepts full responsibility for all losses, damages and costs caused by or arising out of spills, leakage or discharge from this equipment. Rain for Rent will not be held liable for any structural or soils subsidence. 14. This Quotation is valid for 30 days and is subject to credit approval. Printed 6/30/2016 12:04 PM Page 7 of 7 Estimate Confidentiality Notice: This quotation and any associated documentts) are privileged and, confidential, and are Intended 18r )he sole use of the ;iddregsep). They cannot the used. circulated duplicated, quoted or t erwise referred t or disclosed to third�aAies for any reasoank youut the written consent of an 8Ificer of Western Oillields Supply Company dba; ain for Rent if you have received this information in error, lease immediate) contact us at return rainforrent c m 7h June 27, 2016 PSI, Inc. Attn: Eli Pace Re: Meridian UV Change Order No. 004 Mr. Pace, This­1rbrregpDzs.eto the Change Order No. 004 for survey wor p ete the verification that the Fivemile Creek 0--pe-z7!ntthe staircase was ack to pre -construction layout and elevation per the new data po s se the City that are different from the original set. I would anticipate th s s would be $600.00 an ude locating the original data points round with reference to a cut or fill to finish grade, and t in on to erify that the placement of material is at the correct elevation. The second part of this change order is for survey work to verify the installation of the 36" parshall flume, manhole #1, and a section of 48" FE piping with a series of elevation measurement during and after construction. We will also provide a written report of our findings. This will be done for an estimated cost of $900.00..____ Thank you, Jeremy Fielding, PLS Owner 106 W Main St. Unit D, Middleton, ID 83644 * Vls12220(&yati� og,rom * (208)861-7513 (0) * (866)337-4925 (F) Page 1 FEI 1822 ZFERGUSON' 452 NORTH LOCUST GROVE RD. Waterworks MERIDIAN, ID 83642-0000 17:57:55 JUN 28 2016 Bid No.......: B170966 Bid Date....: 06/20/16 Quoted By.: BKA Customer. PERFORMANCE SYSTEMS INC 1 MERIDIAN UV DISINIFECTION EA 2204 E LANARK ST MERIDIAN, ID 83642 CUSt PO#...: PARCHAL FLUME CHANGE Deliver To: isaac.mcintosh®ferguson.com From: Isaac D Mcintosh Comments: FERGUSON WATERWORKS #1701 Price Quotation Phone: 208-855-2040 Fax :208-855-2869 Page # 1 Cust 208-287-0800 Terms........: NET 10TH PROX Ship To: PERFORMANCE SYSTEMS INC MERIDIAN UV DISINIFECTION 2204 E LANARK ST MERIDIAN, ID 83642 Job Name: MERIDIAN UV DISINIFECTION Item Description Quantity Net Price UM Total SP-DISPP4842W/SR 48" X 3FT 6" PE X PE DI SPL W/SR 1 3450.000 EA 3450.00 W/ SEEP RING 5' FROM PLAIN END AFT25OP48 48 CL250 CL DI FASTITE PIPE 80 283.000 FT 22640.00 R4005080061012 'CVR' 400-50.80-3/8X10 CPLNG EPDX L 1 3625.000 EA 3625.00 AFTGSKT48 48 FASTITE GSKT SBR 5 385.000 EA 1925.00 SP-DISPP3048 30" X 4FT PE X PE DI SPL 1 1215.000 EA 1215.00 SSGDP48 'CVR' 48 SER 3000 STAR GRIP 1 2070.000 EA 2070.00 SS4ATRF12 3/4X12 SS 304 ATR 24 7.320 FT 175.68 S4HNF 3/4 SS 304 HEX NUT 12 0.880 EA 10.56 SP -P600-2448 24-48 PNEUMATIC TEST BALL RENTAL 1 2500.000 EA 2500.00 FTEST TESTING CHG 1 650.000 EA 650.00 Net Total: $38261.24 Tax: $2295.67 Freight: $0.00 Total: $40556.91 Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE. Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based upon Local, State and Federal laws governing type of products that can be sold or put into commerce. This quote is offered contingent upon the buyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either following this document, or on the web at hftp://wolseleyna.com/terms_conditonsSale.html. Govt Buyers: All items are open market unless noted otherwise. LEAD LAW WARNING: It is illegal to install products that are not "lead free" in accordance with US Federal or other applicable law in potable water systems anticipated for human consumption. Products with 'NP in the description are NOT lead free and can only be installed in non -potable applications. Buyer is solely responsible for product selection. FEI1822 FERGUSON' 452 NORTH LOCUST GROVE RD. Watffworks MERIDIAN, ID 83642-0000 12:49:38 JUN 30 2016 Bid No.......: B171296 Bid Date....: 06/30/16 Quoted By.: IDM Customer. PERFORMANCE SYSTEMS INC MERIDIAN UV DISINIFECTION 2204 E LANARK ST MERIDIAN, ID 83642 CUSt PO# ... : DRAIN LINE CO Deliver To: isaac.mcintosh®ferguson.com From: Isaac D Mcintosh Comments: FERGUSON WATERWORKS #1701 Price Quotation Phone: 208-855-2040 Fax :208-855-2869 Page # 1 CUSt 208-287-0800 Terms........: NET 10TH PROX Ship To: PERFORMANCE SYSTEMS INC MERIDIAN UV DISINIFECTION 2204 E LANARK ST MERIDIAN, ID 83642 Job Name: MERIDIAN UV DISINIFECTION Item Description Quantity Net Price UM Total A12650020 12X20 N12 PROLINK W/T HDPE PIPE 60 6.500 FT 390.00 A06350020 6X20 N12 PROLINK W/T HDPE PIPE 40 3.015 FT 120.60 A04350020 4X20 N12 PROLINK WT HDPE PIPE 20 1.769 FT 35.38 Net Total: $545.98 Tax: $32.76 Freight: $0.00 Total: $578.74 Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE. Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based upon Local, State and Federal laws governing type of products that can be sold or put into commerce. This quote is offered contingent upon the buyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either following this document, or on the web at http://wolseleyna.com/terms_conditionsSale.html. Govt Buyers: All items are open market unless noted otherwise. LEAD LAW WARNING: It is illegal to install products that are not "lead free" in accordance with US Federal or other applicable law in potable water systems anticipated for human consumption. Products with *NP in the description are NOT lead free and can only be installed in non -potable applications. Buyer is solely responsible for product selection. 1 Harris Rebar Abco, Inc. 0 1 Har�se� � cw; 1 2161 E. Lanark St Ph (208) 888-0039 National Strength. Local Service. Meridian, ID 83642 Fax (208) 888-1188 Lic No: ID PWC -C -1653 -AAA -4, NV 0067781 C-14 BID PROPOSAL SECTION P GENERAL INFORMATION Proposal to: Bidding Contractors Attn: Estimating Dept Drwgs Quoted: W.C.O NO. 12 Dated June 17, 2016 Specs: None Addendums: None Proposal No: Proposal Date: PJ62-595 7/1/2016 This proposal is valid for 30 days from date shown above. Project Name: Parshall Flume Addition WWTP UV Expansion Ref. No.: SECTION ll- SCOPE OF WORK Concrete Deformed Reinforcing Steel Furnished FOB Trucks Jobsite per ACI & CRSI Standards. This Bid Only Includes The New 13'-0" x 7'-0" Addition To The Parshall Flume (Does Not Include Anywork Being Done to Exsiting Structure.) See Highlighted Image Below From Sheet S-303 Dated 6/16/2016 For Included Section. EL 2545-- � Ire ® EL 2573 0 Description Onty Unit Unit Price DEMO EXISTING 1 Reinforcing Steel 48'FE CURVED SHAPED $1,538.00 $1,538.00 CONCRETE FILL O/ EL 2573 0 ® TO CONC FILL ~ EL 2573 0 ® EL 2513.0 I Ll--- -------, — —1 SECTION 111- PRICES Stipp) V ANI Y 'FOB' indicates Supply Only Bid Item Description Onty Unit Unit Price Extended 1 Reinforcing Steel 1 LS $1,538.00 $1,538.00 Taxes are INCLUDED in prices shown. Total Reinforcing Items= $1,538.00 SECTION 1111- SPECIAL CONDITIONS, EXCLUSIONS AND/OR CLARIFICATIONS FOR THIS PROJECT X 1 Where approximate tonnage or other quantities are provided, these numbers represent the quantities used in - 2 preparation of this proposal only. We do not guarantee their accuracy for any other purpose. Concrete reinforcing 3 steel is approximately 3,000 lbs. X 4 This_Rroposal includes (1) freight load to the Jobsite. X 5 This proposal is valid for material delivered before September 30, 2016. Deliveries made after this date will be 6 subject to all additive producer price increases imposed from the date of this bid. PJ62-595 Parshall Flume Addition WWTP UV Expansion.xlsm Page 1 of 3 FOB Harris Rebar Abco, Inc. 2161 E. Lanark St Meridian, ID 83642, Ph (208) 888-0039 SECTION V- CONTRACTOR TO PROVIDE AT NO COST TO SELLER 1 X All lines, grades, racks, forms, layout and rigid templates accurately in place before installation, except those forms or other materials that will hinder the installation. 2 X Firm, level, subgrade at elevation shown on drawings including all levels, datum lines, elevations, openings and dowel outs for concrete Wor masonry. 3 X Clear access roads & ramps for unloading of trailer/truck deliveries to within 50 feet of point of installation, and reasonable storage and lay -down areas. 4 X Cages for drilled piers, shafts, caissons, and light pole standards will be tied and stockpiled by Subcontractor. 5 X Suitable equipment fully operated for hoisfing/lowering reinforcing steel, personnel, wire mesh, etc, including unloading trucks, staging of reinforcing to points of installation (into foundations, and onto elevated decks, etc) setting columns, wall cages and/or any other pre -tied assemblies including power placing of individual bars as required. 6 X Copies of all contract documents in quantities as reasonably requested. 7 X Parking area and/or cost of parking for field crews and provide area for jobsite office including utility, hookup. 8 X Furnish design information, location of pourjoints and construction schedules in sufficient time to allow for the preparation and approval of detail drawings plus a minimum of seven (7) working days for fabrication and delivery. 48 hours notice is required for cancellation of previously scheduled deliveries and two (2) weeks notice ofjob requirements. 9 X Notification in writing of any and all back charges to be presented to Hams Rebar within 24 hours of the actual date of the occurrence. Hams Rebar reserves the rights to fix or correct the issue within a 24 hour period of notification. If Hams Rebar is not notified in writing within this time frame there will be no costs or delays to Harris Rebar. SECTION VI- STANDARD EXCLUSIONS BY SELLER & FURNISHED BY BUYER 1 X Cost of Inspections, crane inspections, testing, bonds, permits, penalties or Liquidated Damages. 2 X Inserts, sleeves, rubatex, water stops, smooth dowels and /or dowel baskets, galvanized or epoxy coated dowels, threaded rebar, stud rails and placing of stud rails. 3 X Cleaning, cutting, straightening, locating or rework of existing reinforcing steel, reinforcing extending from piles, or precast 4 X Cutting, drilling of holes, grouting, field bending or dry -packing of reinforcing steel. 5 X Burning, cutting, or drilling of structural steel/miscellaneous iron to pass reinforcing steel. 6 X Protection and/or cleaning of others work, covering, painting, greasing or wrapping of reinforcing steel or smooth dowels. 7 X Rebar Safety Caps or devices for covering rebar ends. 8 X All welding and rebar welded to structural/ miscellaneous iron. 9 X Blocking, chairing, wrapping and/or pulling of welded wire fabric. 10 X All dead men, cables, labor and engineering of system for guying of rebar, if required. 11 X Cleaning of tie wire clippings, tags and other spoils from work areas, cost of dumpster and composite crew cleanup, except as mutually agreed. 12 X Lines, grades, steel racks, templates, scaffolding, safety rails, work platforms & ramps, sanitary facilities and jobsite access to drinking water. 13 X Removal, grinding Wor patching of staples, nails, bolts and/or any other device used for the placement of concrete reinforcing accessories. 14 X Reinforcing for Anchor Points (and the Anchor Points) for Shotcrete, Precast, Closure Pours, Precast Connections and Prestressing Items. 15 X Sand Plated Chairs. 16 X Test bars and test couplers (except those specifically called out in specs) 17 X Adequate power and lighting when necessary. 18 X Cost of reworking or replacing reinforcing steel damaged or lost due to flood, actions of buyer, other subcontractors or other acts of God. 19 X Blocks, inspection tubes, wheels or spacers for clearances in drilled shafts or caissons. 20 X Tie wire. accessories and field olacino aids for F.O.B. materials. 21 X Prevailing Wage Rates or Job Specific Labor Agreement Rates. Proposal based on Open Shop wages. 22 X Design Engineering, Engineer stamping of drawings, Field Measurements and As -Built drawings. 23 X Sitework, Masonry Rebar, Mock Ups, MSE Walls, Electrical Duct Bank, Equipment Pads, Pipe Encasement Wor Supports. (Unless specifically stated as included) 24 X Supply & Installation of reinforcing for stair landings and treads. 25 X Layout of TOW, TOF, EOW, expansion/construction joints, comers, doorways, blockouts and/or openings of any kind and Masonry Dowels. 26 X Separate Pour Watchman, Fire Watchman, Safety Manager, QC Mgr, Traffic Control or Onsite Security. 27 X Trim reinforcing for openings, penetrations, and inserts not specifically located on Structural Drawings. 28 X Double handling costs, including costs to transport material from an unreasonably located area. 29 X Unloading, handling Wor setting of FOB materials (including Prebuilt Drilled Shaft Cages). 30 X Dust control, Storm Water management and/or similar eviromental programs. 31 X Third party invoicing processing fees or enrollment in third party invoicing services. 32 X Re -Detailing of shop drawings & reviewing/processing of changes will be at $65.00I1 -1r. 33 X We deliver in 48,000 Ib. minimum truck load lots during regular work hours, Monday to Friday. 34 X Maximum unloading time atjobsite is 2 (two) hours from time of arrival. PJ62-595 Parshall Flume Addition WWTP UV Expansion.xlsm Page 2 of 3 Harris Rebar Abco, Inc. SECTION Vlll- TERMS AND CONDITIONS 2161 E. Lanark St Meridian, ID 83642, Ph (208) 888-0039 Terms of Sale: Payment Terms — Subject to on-going credit approval: Net 30 days from date of invoice. Interest will be charged on all past due balances per the maximum rate allowed by law. Legal fees and costs will be paid as awarded to the prevailing party in the event of a legal dispute. Seller reserves the right to stop Work or demand security as required. Buyer agrees to pay Seller in accordance with the escalation policy as specifically identified in this proposal. "Work" is hereby defined as the performance of all work as listed above and included in any accepted Agreement, plus any changes, acceleration/out of sequence work, damages, escalation and costs incurred for the cause or benefit of Buyer or others. 2 Acceptance: Prices of individual bid items are subject to renegotiation if Buyer elects not to accept this complete proposal as presented. If Seller is requested to proceed with the work prior to the execution of a mutually agreed Contract, or if the work is completed prior thereto, the Terms and Conditions herein shall govern pending said Agreement No assignment of this proposal shall be made without our prior written consent We reserve the right to sublet portions of our Work. 3 Schedule: Sellers price is based upon detailing, fabrication, and placing on a normal 5 -day, Monday to Friday, 40 hour work week, daylight hours unless explicitly noted on the face hereof. Performance will be based on bid documents as provided for tender and industry standards/CRSI. Schedule and schedule changes to be mutually agreed. Buyer to provide Seller (48) hours' notice of cancellation or modifications to schedule deliveries, Buyer agrees to provide adequate notice for workmen required at the jobsite and sufficient work for at least one full shift. Detailing submittals will be sequenced in a manner appropriate to the construction schedule. Working schedules to be made by mutual agreement of the Contractor and Subcontractor to conform to Contractor's master schedule. In event duration fimes are provided by Subcontractor, it is agreed that time starts only when work areas are provided ready to receive installation in all respects, in accordance with OSHA and State safety regulations. 4 Back Charges/Shipping Discrepancies: No charges for labor or materials furnished by the Buyer shall be allowed as a credit unless authorized in writing by Seller within ten (10) days of said occurrence. After a twenty four (24) hour period, all loads will be assumed to be verified. 5 Safety: Buyer will provide at no cost to Seller, general jobsite conditions conforming to OSHA standards and local governing authorities, including, but not limited to, adequate protection to ensure the safety of those working above reinforced steel as required, furnishing and installation of rebar safety caps or other OSHA compliant impalement hazard protection as required; Detection of/protection from underground and other utilities; Safe access, signage and other required warnings, flagging, barriers/barricades, general site and task lighting as required; Shoring, fall -protection anchorage points, walkways, approved scaffolding and staging in place as required, trenches, rails, snow and ice removal, all weather truck access; safe access to points of storage and work, etc. all as required. 6 Insurance: General Liability insurance will be provided solely for work performed by Seller and/or its engaged parties. Seller is not providing insurance for any liabilities that exceed Sellers responsibilities and/or liabilities. Additional Insured Endorsements may limit liabilities to those assumed under the Agreement and exclude Professional Liabilities. XCU, subsidence, Professional Liability, Aircraft, Pollution Liability and mold coverage are excluded as not applicable to this trade. A broad coverage manuscript policy is provided in lieu of ISO descriptions and forms. Additional coverage or alternate requirements not set forth herein and mutually agreed are subject to availability and any additional costs. Self-insured limits must be accepted as provided and any related security substitution requirements waived. Seller excludes: Builders Risk Insurance and return receipt requested notices for all . certificates of insurance. Compliance requirements for any hired sub -subcontractors are subject to availability. SECTION /X- CONDITIONS OF SALE EXCLUDED: 1 Pay if paid or "Pay when paid" conditions precedent for all properly completed work, including base scope of work, changes, acceleration/out of sequence work, damages, escalation and costs incurred for the cause or benefit of Buyer or others("Work); Retention exceeding the rate withheld by Owner, Retention on F.O.B. items. 2 Indemnification, claim, and defense liabilities, responsibilities or damages exceeding any proportionate extent of cause by Sellers active negligence or willful misconduct. 3 Minority, DBE, DVBE, SBE, WBE and other special hiring status content, affiliation, or contribution to such requirements. 4 Risk, liabilities and responsibilities arising from existing conditions and preceding work exceeding visual inspection, including, but not limited to, field measurements, surveying, layout, forming and materials supplied by others; Costs arising from differing conditions and/or requirements from plans or drawings or bar lists provided for performance. 5 Design engineering and related Professional Liabilities and responsibilities; Costs and damages due to varying conditions and requirements. 6 Waiving any rights of dispute or redress; Costs/risks of claims against Owner for undisputed portions of our Work. 7 Forms and information requirements not mutually agreed; Unconditional forms of release in advance of receipt of funds; Releases that fail to exclude pending changes, unpaid balances, and retention as applicable; Releases for claims unrelated to payment for work performed; Non -conforming forms of waivers and releases within States that provide Statutory release language. 8 Reports, waivers, and other forms and contractual obligations related to bulk suppliers to our inventory stock who do not have lien rights. g Warranties exceeding Sellers scope of responsibilities or one (1) year, Guaranties of work performed by others; any forms of warranties, express or implied, of merchantability or fitness for purposes intended. 10 Risks and responsibilities for equipment and/or employees of Buyer or others providing services, or manning equipment used in connection with, but not within, Sellers scope of Work. 11 Liquidated and delay damages exceeding actual damages incurred, our scope of responsibility and/or our proportionate extent of cause, and for Force Majeure; Property damage, remedial work and/or replacement of Work and the work of others to the extent made necessary by others or Force Majeure. 12 Increased labor and material costs and/or damage in the event of project suspension or delay. 13 General Liability credits for any wrap-up insurance programs. 14 Prime contract terms, conditions, and scope in addition to, and/or in conflict with, a mutually agreed contract and Sellers scope of work and responsibilities as described herein. 15 Reports, submittals and data requirements not applicable to our trade, reasonably required or mutually agreed; Release of proprietary or other confidential information and records as governed by the U.S. Security and Exchange Commission rules for a publically traded company. 16 Any portion of fines or penalties exceeding the extent of cause by Seller, Any increased, surcharged or escalated portion of fines incurred by Buyer. 17 Enrollment/contributions to unions to which Subcontractor is not signatory; compliance with any additional or conflicting term, condition, or rate of pay, etc. between Sellers labor agreement and others affiliated with the Project 18 Guarantors. 19 Site security. SECTION X- ACCEPTANCE The above proposal including all attached and referenced documents shall constitute a contract or shall be part of a contract is subject to on-going credit approval. Prices shown are for the complete project and NO single item price or group of prices are valid alone without the consent of the Seller. We reserve the right to modify/negotiate amendments to any Contractor issued forms of Agreement, as required to properly describe scope of work, pricing and mutually agreed terms and conditions. Buyer: By: Title: Date: PJ62-595 Parshall Flume Addition W WTP UV Expansion.xlsm Page 3 of 3 Seller: Harris Rebar Abco, Inc. By: Brad Dugan Title: Chief Estimator Date: 7n/2016 v20.0 FEI 1822 FERGUSON' 452 NORTH LOCUST GROVE RD. Waterworks MERIDIAN, ID 83642-0000 12:15:54 JUN 30 2016 Bid No.......: B171294 Bid Date....: 06/30/16 Quoted By.: IDM Customer. PERFORMANCE SYSTEMS INC 2204 E LANARK ST MERIDIAN, ID 83642 Cust PO#.... Deliver To: isaac.mcintosh®ferguson.com From: Isaac D Mcintosh Comments: FERGUSON WATERWORKS #1701 Price Quotation Phone : 208-855-2040 Fax :208-855-2869 Page # 1 Cust 208-287-0800 Terms........: NET 10TH PROX Ship To: PERFORMANCE SYSTEMS INC 2204 E LANARK ST MERIDIAN, ID 83642 Job Name: Item Description Quantity Net Price UM Total DA1055W 24 WHOLE R&C WTR 1 248.828 EA 248.83 Net Total: $248.83 Tax: $14.93 Freight: $0.00 Total: $263.76 Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE. Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based upon Local, State and Federal laws governing type of products that can be sold or put into commerce. This quote is offered contingent upon the buyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either following this document, or on the web at http://wolseleyna.com/terms_condifionsSale.htmi. Govt Buyers: All items are open market unless noted otherwise. LEAD LAW WARNING: It is illegal to install products that are not 'lead free" in accordance with US Federal or other applicable law in potable water systems anticipated for human consumption. Products with *NP in the description are NOT lead free and can only be installed in non -potable applications. Buyer is solely responsible for product selection. Page: 1 Mdcasft Precast Contract & Proposal Quote No... ..: S048341 -1 164'19 TEN LN Telephone : 208-465-0176 www.oldcastleprecast.com Nampa, ID 83687 Fax .......: 208-465-7129 Quote To .: PSI General Contractors 2204 E LANARK ST MERIDIAN, ID 83642 5916 F2eference Ship To .: Meridian WWTP UV - Change order Ten Mile Meridian, ID 83642 Contact- Phnne- Order No I Date Customer No Terms Cash discount Delivery terms Quote valid for: SO48341 1 6/28/2016 002189 Net 30 Days FOB Job Site 30 days Group: A Qty Unit Item 1.00 Ea 9001300 1.00 Ea 1106800 1.00 Ea 1106200 1.00 Ea 1105700 4.00 Roll 7003500 1.00 Ea 7102100 1.00 Ea 7102500 Description Mark 60" Dia. Outfall Manhole Price includes 60" doghouse section to set on existing pipe, 60" stacking material, 60" flat lid, mastic, 24" ring & cover and delivery. Pricing figured using the following material: 60" x 6' Section with doghouse cutouts for 30" pipe 60" x 2' Section 60" H-25 LID w/24"offset Concrete Sealant 1" (14.5') 24" STD Ring -1055 24" Cover "Sanitary Sewer"vented- 1055 Tax Code Taxable amount r Unit price Amount 2,098.00 2,098.00 Tax Pate 2,098.00 6.00 125.88 Take -off & Quote: Every effort has been made to provide an accurate take -off, however, this quote is not guaranteed by the seller, but is provided for the buyers convenience. It is the customers responsibility to verify the accuracy of the project requirements and quantities. Changes in quantities, dimensions, or specifications from this quote may require an adjustment in price. Customer agrees to pay per unit price for the actual number of units delivered. Delivery: If this product is quoted FOB jobsite, the customer agrees to furnish manpower and equipment to unload the material Page: 2 01deastle Precast" Contract & Proposal Quote No. ....: SO48341 A 16419 TEN LN Nampa, ID 83687 Quote To .: PSI General Contractors 2204 E LANARK ST MERIDIAN, ID 83642 5916 Reference : Telephone :208-465-0176 www.oldcastleprecast.com Fax .......:208-465-7129 Ship To .: Meridian WWTP UV - Change order Ten Mile Meridian, ID 83642 Contact: Phone: Order No I Date I Customer No Terms Cash discount Delivery terms Quote valid for: SO48341 1 6/28/2016 1 002189 Net 30 Days FOB Job Site I 30 days on site, unless prior arrangements have been made. The site must be accessible by delivery vehicles under their own power. If the load is to be delivered and set by an Oldcastle boom truck, the final decision as to the acceptability of the site and ability to safely set the product is to be determined by the boom operator. Delivery includes one hour of truck time, additional time beyond the first hour will be charged at $90 per hour. Freight charges quoted are based on full truckload quantities. Short loads will be subject to additional charges to cover the cost of delivery. Vault Water tightness: All joints in vaults used for water or liquid containment or where infiltration is not allowed must be clean and dry when installed. The properly installed joint sealant, joint wrap, and/or non -shrink grout are recommended depending on your specifications and installation procedures. We can provide materials for watertight joints, however, Oldcastle cannot be held responsible for field conditions or contractors installation procedures. Specials: Any special product ordered and produced which remains in the Oldcastle yard for longer than 30 days will be invoiced to the customer and payment due on Oldcastles regular payment terms. All specials ordered on a Cash sale must be paid for prior to production. Restock fees: a restock fee of up to 25% may be charged on the return of undamaged, standard products. Freight charges for shipping product to the jobsite and back, on an Oldcastle truck, will also be assessed. Special products are not eligible for return or credit. All products and services listed on this Quotation are provided under the Standard Terms and Conditions located at www.oldcastleprecast.com/company/pages/credit.aspx. QUOTATION TOTAL US 2,223.88 IMPORTANT: This proposal is based on standard terms and conditions. Items and quantities shown are the basis for the quotation, and we are not responsible for any discrepancies between this list and actual items or quantities. (Accepted by) (Position) (Date) Sales Person: Scot Barrow Telephone: By: (0 : 4i. Y 4015 S. Banner Street - Boise, ID 83709-5511 Office (208) 362-4244 - Fax (208) 362-4190 Asphalt Paving Only proposal & Contract To: Performance Systems, Inc. Estimate: 13477 Date: July 15, 2015 20D West 1st Street, Suite A Project: UV Up Grades Attn: Eli Fruitland, Idaho 83619 Location: Ten Mile WWTP Cell: 287 - 0796 Email: epactRpsigc.com Meridian, Idaho Item Estimate Unit Unit Price Number Work Description Quantity Description Price Totals 1 Paving Crew and Equipment Mobilization Per Each $800.00 2 Place 3" thick 112" Class 3 PG 58 - 28 Hot Mix Asohalt Pavement 4298 Sq. Ft. $2.50 $10,740.00 3 Place 3" thick 112' Class 3 PG 58 - 28 Hot Mix Asphalt Patching 927 Sq. Ft. $3.60 $3,244-50 SPECIAL NOTES: 1, PLACING THE PLANT MIX PAVEMENT, AS QUOTED ABOVE, REQUIRES THAT BASE AGGREGATE PREPARATION, GRADING, COMPACTING AND MADE READY TO RECEIVE BITUMINOUS MATERIALS, IS TO BE PROVIDED BY OTHERS - NO BASE AGGREGATE PREPARATION IS INCLUDED HERE - BASE AGGREGATE PREPARATION MUST BE CORRECTLY DONE AS FINAL BILLING WILL BE FOR THE ACTUAL NUMBER OF TONS OF ASPHALT PLACED 2. AN AREA FOR EQUIPMENT STAGING AND TRANSPORT LOADING MUST BE PROVIDED, NEAR THE PROJECT SITE, AT NO COST 3. C A A PAVING CAN NOT ACCEPT RESPONSIBILITY FOR ASPHALT PAVEMENT THAT SINKS, SUBSEQUENT TO PAVING, DUE TO ANY WATER SATURATION OR INADEQUATE COMPACTION OF BACKFILL, SUBBASE OR BASE AGGREGATE 4. ALL MANHOLES AND VALVE LIDS MUST BE LOWERED FOR PLACING ASPHALT PAVING, PRIOR TO OTHERS INSTALLING CONCRETE COLLARS 5. ACCESS FOR EQUIPMENT AND TRUCKS MUST BE PROVIDED - C 6 A PAVING CAN NOT BE RESPONSIBLE FOR DAMAGE TO EXISTING ASPHALT OR CONCRETE SURFACES DUE TO NEW ASPHALT PAVEMENT CONSTRUCTION 6 SQUARE FOOTAGE AREA OF ASPHALT PAVING AND PATCHING HAS BEEN PROVIDED BY PERFORMANCE SYSTEMS - FINAL BILLING WILL BE FOR THE ACTUAL SQUARE FOOTAGE OF EACH TYPE OF PAVING COMPLETED OR TONS OF PLANT MIX UTILIZED FOR THIS PROJECT 7. THIS QUOTE DOES NOT INCLUDE SURVEYING, MONUMENT REMOVE r RESET, TRAFFIC CONTROL, MATERIAL TESTING, ASPHALT SAW CUTTING, PRIME COAT, STJ-RILANT/HERBICIDE APPLICATION, SWEEPING, CONCRETE COLLARS, PAVEMENT MARKINGS OR PERMITS 8. SOIL AND EROSION CONTROL DESIGN, PERMITTING AND IMPLEMENTATION IS TO BE PROVIDED BY OTHERS - NOT INCLUDED IN THIS PROPOSAL 9. THIS PROPOSAL CONTAINS NO PROVISION FOR CREW f EQUIPMENT "STAND or - DELAYS NOT CAUSED BY C & A PAVING WILL BE BILLED 711 material and work is guaranteed to be as spec ed Plans and specificabons area part of this proposal All agreements and warranties expressed or implied are only as attached in written form Any alterations or deviations from project specifications invoheng extra costs, or any additional quantities, will become an additional charge war and above attdchad specifications 'This contract covers only the work noted above it does not include unforeseen problems or other work items C & A Paving Ca is not responsible for damage. costs or impact caused by or to any hidden or unknown items Alterations changes additional work, unforeseen impacts, or deviations from these contract specifications will became an additional charge, due and payable -Any required sub -grade repairs which are discovered will be charged at time and materials G & A Paving Co 1s not responsible for existing base or design problems -C & A Paving Cc cannot be responsible for drainage or water ponding on slopes of less than 1 D% or where grade is dictated by surrounding area Patching can plug water drainage and can thus create ponding This is a unit price contract The contract amount is based on estimated quanbbes Actual payment will be on final quantities completed All agreements and/or warranties either expressed or implied, are only in written form This is a fully integrated contract This agreement is binding upon heirs assignors and successors in interest As a proposal the prices quoted are good for fifteen 115) days from the date noted at the top of the proposal Full payment is due and payable on completion of work Progress payments will be made !(completed in stages Interest wtil be charged at 1 5% per month or 18% A P R for delayed payments All expenses C & A Paving Cc incurs in the collection of money due will be reimbursed to C & A Paving Cc including attorney and consultant fees Retention not to exceed that withheld by owner Full pa nt upon completion of above wort, Price is based on nothing preventing C & A Paving Co from II production No standby rs included in price C & A Paving C ., Inc. Public Works License: PWC - C -10359 - UNLIMITED - 2 - 4 Customer 4 Name erry Long Signature & oate N M M M 3 O G (D Ol 0- 0 O n O '-r O N 0 O cr a a C 3 U 3 QQ 3 O ,-r 7 M M Q M Q (D v 7� DQ S M C O M fD 1+ O 1+ v v N co Ln 90 O O 0 O C ,=r M 3 W A Ln O m S M CJ N n S M CL C O M (D Dcno —Icn-n ;c00m �o m y !i? (DD = a c0D 00) CD 7 CCD =r0 `-< N Co 0 CD D( cD a3 -c m w cow p > m C O S Q J .O0 Q (DD Nc: CL a) O(0D o (p� rn _0 CD (11 CJ1 � 0 C'f O 3 'o 0) 7 (D N n O 3 u n� n wfmA X fo ALABAMA METAL INDUSTRIES CORPORATION CHANGE ORDER #1 August 18, 2016 To: PSI Amico-Orem's Job # 10428503 Attn: Eli Pace Customer's PO # 4636 Ref: Meridian UV Grating Per customers request. Grating is being added at the Parshall Flume per work change directive no. 12. Total Add for Change Order #1: $ 3550.72 Original Contract Price: $24,759.00 Change Order # 1: $3,550.72 New Contract Price: $28,309.72 If this change order results in an addition to the contract price work will not proceed until this change order is properly executed. Please Sign For Your Acceptance of this change order and return for our records. Acceptance by: Date: Should you have any questions please give me a call. Sincerely, Amy Carter Project Sales acarter@,Qibraltarl.com Alabama Metal Industries Corporation, 212 North, 1330 West, Orem, UT 84059, Ph 801.225.9350, amico-online.com City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith - Unposted Transactions Included In Report 3590 - WW Construction Projects 60 - Enterprise Fund From 10/1/2015 Through 9/30/2016 Date: 9/22/16 02:14:17 PM Page: 1 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining Capital Outlay 96174 Ultraviolet Disinfection 10055 UV Disinfection 1,228,943.32 123,774.35 1,105,168.97 89.93% 10055.a UV Disinfection Expansion 1,852,320.99 1,860,040.99 (7,720.00) (0.42)$ - CONSTRUCTION 10055.b UV Disinfection Expansion 158,299.65 158,299.65 0.00 0.00% - Construction Support Services 10055.d UV Disinfection System 77,436.00 77,436.00 0.00 0.00 Expansion - Control Software Program 10055.e UV Disinfection O&M Manual 0.00 6,920.00 (6,920.00) 0.00 Update Total Capital Outlay 3,316,999.96 2,226,470.99 1,090,528.97 32.88% TOTAL EXPENDITURES 3,316,999.96 2,226,470.99 1,090,528.97 32.88$ Date: 9/22/16 02:14:17 PM Page: 1 Page 1 Memo To: C. Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Emily Skoro Date: 9/22/2016 Re: September 27 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the September 27 th City Council Consent Agenda for Council’s consideration. Approval of Change Order No. 8 UV Disinfection Improvements to Performance Systems, Inc. for the “UV Disinfection Improvements” project for the Not-To-Exceed amount of $295,106.82. Recommended Council Action: Approval of Change Order No. 8 to Performance Systems, Inc. for the Not-To-Exceed amount of $295,106.82. This Change Order will be offset from the Deductive Change Order #3 to CH2M Hill for the amount of -$300,609.72. Thank you for your consideration. City of Meridian Purchasing Dept. C E IDIAN%�,- Public IDAHO Works Department TO: Keith Watts FROM: Emily Skoro Staff Engineer II Mayor Tammy de Weerd City Council Memberto Keith Bird Joe Borton Luke Cavener Genesis Milam Anne Little Roberts Ty Palmer DATE: 9/21/2016 SUBJECT: WRRF UV DISINFECTION SYSTEM EXPANSION - CHANGE ORDER #8 WITH PERFORMANCE SYSTEMS, INC. (PSI) FOR A NOT -TO - EXCEED AMOUNT OF $295,106.82. I. DEPARTMENT CONTACT PERSONS Emily Skoro, Staff Engineer II 489-0356 Clint Dolsby, Assistant City Engineer 489-0341 Warren Stewart, City Engineer 489-0350 Tom Barry, PW Director 489-0372 II. DESCRIPTION A. Background The UV disinfection system expansion project at the Wastewater Resource Recovery Facility is almost complete. During the expansion it was determined that a critical design error was made on the elevation of the Parshall flume that caused inaccurate effluent flow measurement. A temporary fix was put in place while a plan was devised to correct the error. The redesign is finished and ready to be implemented to complete the project. B. Proposed Project To allow for accurate measurement of the effluent flow and to stay in compliance with the City's NPDES permit, the following changes are critical: • The UV disinfection system flume will be expanded and a new flume insert installed. • The pipe upstream of the flume will be re-layed at a lower slope percentage. Page 1 of 2 C. Describe Item This portion of the project is change order with Performance Systems, Inc. [PSD tocomplete the additional work. The original design engineering company, CEl2M,will bereimbursing the City for the cost ofthe construction and special inspection services. 111. IMPACT A. Fiscal Impacts Project Costs: ----- Fiscal Year 2015 PSJ Construction $1,130)000/00 ! Contract _----------� -'+ —'+----_------------� � Total � �---�_---'�-�-�-�-_� . $1,130,000.00 � ----------'^ Fiscal Fiooal�\eaz2Ul6 . . . ------------------------------------ -----------------~ � � . . . � __-----_-�-_--------------�-------- �8l � ' �]7774�l7.95 � ' ' Contract ------------ Proposed �8T - ----------------------- � ' ' $295,106.82 � Order ---------+ ---'- —.----------------'� � Tntxl � -------------------' . .. $1,567,524.77 � ----� Total�ro�mot�not�---------------'�r7'� ~ --__-__'-=-'�---_'. Project Funding '_ --..,-------_ Fiscal Yemr� ��000co�(�odo/(�odoo -----. -------' 20143590-92100 ''-----------------^— � ---------' �700��00 � � -. --------------_------'_------------�-----. -------_ 20153590-96174 -------- � '+-------_-------------------------------- ��000� 2016 ----------------------------- � 3590-96174 +--_----_--------+---------�_'^-----� . . $2758000.00 � . ������_~� ______ . . ��������������----------------------------------~ Total Funding _______________________________ . $5,150, 000, 00 0. Time This portion of the project is critical to complete as soon as pnooib}o for the Wastewater Resource Recovery Facility Operations' staff to accurately measure the offlnoot flow, a requirement ofthe Nl»DES permit. . Departmental `'-pp--v-_. -'- \ Page 2 of 2 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $2,299,172.00 Original Contract Times: 371 days Net changes from previous Change Orders Net changes form previous Change Orders (calendar days) No. 1 to No. 7 No. 1 to No. 7 Note change order numbers here $103,245.95 Note change order numbers here 63 days 'UnTe=oitar amount ane e e Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (calendar days) $295,106.82 84 days n er oar aff3-551 61 this change order Total Change (Increase / decrease) to date: Total Days (Increase /decrease) to date: (calendar days) $398,352.77 147 days New Contract Price with all Approved Change Orders: New Contract Times with all Approved Change Orders: (calendar days) $2,697,524.77 518 days APPROVED:-(htaya,;h,'� ACCEPTED: Performance Systems, Inc. D Kaleo Nawahi Pre Aent By: Zaniw"O�� jCel1`� By: Date: 'J - -7 7 �� Date: ?/f -//& APPROVED: (City Purchasing Manager) DATE APPROVED BY COUNCIL (If required) By: Keith Watts NO SIGNATURE REQUIRED Date: 0-2-11 & DATE. RECOMMENDED: (PW Deputy Director) By: Mike Pepin, Deputy Director s/ Date: ',;�ev' //- OR VERIFICA' ign engineer worked with City and Contractor staff to determine method of correction and cost. Design engineer will reimburse City for all costs associated with the retrofit of the Pashall Flume. Costs were negotiated between all parties with extensive ;arch. Budget Available (Attach Report) Budget Information: Budget FY jDate Submitted to Clerk for Agenda: {Purchase Order No. Purchasing Use Only Date Issued: Page 2 of 2 Amendment: Approval Date: Meridian City Council Meeting 6 E� DATE: September 27, 2016 ITEM NUMBER: .&E PROJECT NUMBER: ITEM TITLE: Approval of AIA A133 & A201 Construction Management Approval of AIA A133 & A201 Construction Management as General Contractor Agreements to Engineered Structures, Inc. for the "RETA HUSKEY PARK" project. The Not - To -Exceed amount for Pre -Construction Services will be $15,000. MEETING NOTES rte✓ APPROIED 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: C. Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Mike Barton Date: 9/21/2016 Re: September 27`h City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the September 27`h City Council Consent Agenda for Council's consideration. Approval of AIA A133 & A201 Construction Management as General Contractor Agreements to Engineered Structures Inc. for the 'BETA HUSKEY PARK" protect. The Not -To -Exceed amount for Pre -Construction Services will be $15,000. The Guaranteed Maximum Price will be set through an addendum once bidding has completed. Recommended Council Action: Approval of AIA A133 & A201 Construction Manager as General Contractor Agreement to Engineered Structures, Inc. for the Not -To -Exceed Pre -Construction amount of $15,000.00. The Guaranteed Maximum Price for Construction phase will be set once bidding has concluded. This process has previously been approved by Council and the agreement and has been reviewed by Legal. Thank you for your consideration. 0 Page 1 CONTRACT CHECKLIST Date:REQUESTING DEPARTMENT Project Name: Project Manager:Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order?Yes No Change Order No. Fund:Budget Available (Purchasing attach report): Department Yes No Construction GL Account FY Budget:Task Order Project Number:Enhancement:Yes No Professional Service Equipment Will the project cross fiscal years?Yes No Grant Grant #:Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed)www.sam.gov Print and attach Master Agreement Category (Bid Results Attached)Yes No (Ratings Attached)Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License Expiration Date:Corporation Status Insurance Certificates Received (Date):Expiration Date: Rating: Payment and Performance Bonds Received (Date):Rating: Builders Risk Ins. Req'd:Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda:By: Purchase Order No.:Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final $15,000Mike Barton If yes, has policy been purchased? Engineered Structures, inc. III. Contract TypeII. BUDGET INFORMATION (Project Manager to Complete) 7 5200 96928 10518.b TASK ORDER 12B RFP / RFQBID VII. TASK ORDER SELECTION (Project Manager to Complete) Bonds will be required prior to the GMP Amendment Award based on Low Bid Highest Ranked Vendor Selected VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved September 21, 2016 I. PROJECT INFORMATION N/A 16 9/21/2016 PARKS RETA HUSKEY PARK - CM SERVICES V. BASIS OF AWARD N/A N/A IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION N/A N/A N/A N/A GoodstandingPWC-C-15418 12/31/2016 t Tla document A133 -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 Jensen Be]ts Associates 495 Main Street Boise, ID 83702 The Owner's Designated Representative: (Name, address and other information) Mike Barton City of Meridian 33 East Broadway Avenue Meridian, ID 83642 Telephone: 208-888-4433 Fax: 208-887-4813 The Construction Manager's Designated Representative: (Nance, address and other information) Joe JacksonEngineered Structures, Inc. Inst AiA Document A133"'-2009 (formerly A121 n`CMc — 2003). Copyright V 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AiAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA°D 1 Document, or any portion of it, may result to severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. 1 This document was produced by AIA software at 14:40;52 on 09106,'2016 under Order No.5812203597_1 which expires on 11130/2016, and is not for resale. User Notes: (1781223493) ADDITIONS AND DELETIONS: AGREEMENT made as of the 13th day of July in the year 2016 The author of this document has (In words, indicate day, month and year) added information needed for its completion. The author may also BETWEEN the Owner: have have revised the text of the original (Name, legal status and address} standard form. An Additions and Deletions Report that notes added City of Meridian information as well as revisions to 33 East Broadway Avenue the standard form text is available from the author and should be Meridian. ID 83642 reviewed. A vertical line in the left margin of this document indicates and the Construction Manager: where the author has added (Nance, legal status and address) necessary information and where the author has added to or deleted Engineered Structures, Inc. from the original AIA text. 3330 East Louise Drive, Ste, 300 Meridian, ID 83642 This document has important legal consequences. Consultation with an for the following Project: attorney is encouraged with respect (Name and address or location) to its completion or modification. AIA Document A201TM-2007, Reta Huskey Park (Bellano Development) General Conditions of the Contract Ten Mile and Ustick Roads for Construction, is adopted in this Meridian, ID document by reference. Do not use with other general conditions unless The Architect: this document is modified. (Nance, legal status and address) Jensen Be]ts Associates 495 Main Street Boise, ID 83702 The Owner's Designated Representative: (Name, address and other information) Mike Barton City of Meridian 33 East Broadway Avenue Meridian, ID 83642 Telephone: 208-888-4433 Fax: 208-887-4813 The Construction Manager's Designated Representative: (Nance, address and other information) Joe JacksonEngineered Structures, Inc. Inst AiA Document A133"'-2009 (formerly A121 n`CMc — 2003). Copyright V 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AiAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA°D 1 Document, or any portion of it, may result to severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. 1 This document was produced by AIA software at 14:40;52 on 09106,'2016 under Order No.5812203597_1 which expires on 11130/2016, and is not for resale. User Notes: (1781223493) 3330 East Louise Drive, Ste. 300 Meridian, ID 83542 Telephone Number: 208-362-3040 Fax Number: 208-352-3113 Email Address: joejackson@aesiconstruction.com The Architect's Designated Representative: (Nance, address and other information) Kim Siegenthaler Jensen Belts Associates 495 Main Street Boise, ID 83702 The Owner and Construction Manager agree as follows. AIA Document A133TM —2009 (formerly A121TMCWIc — 2003). Copyright 0 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe' 2 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent passible under the law. This document was produced by AIA software at 14:40:52 on 0910612016 under Order No.5812203597_1 which expires on 1113012016, and is not for resale. User Notes: (1 781 2 234 93) 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 fi COST OF THE WORK FOR CONSTRUCTION PHASE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 8 INSURANCE AND BONDS 9 DISPUTE RESOLUTION 10 TERMINATION OR SUSPENSION 11 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 Contract (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 are as 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 prepared 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 written 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 furnish 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 to perform the Work in an expeditious and economical manner consistent with the Owner's interests. The Construction Manager acknowledges that it owes a fiduciary 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 AIA Document A133m —2009 (formerly A1211CMc —2003). Copyright 01991, 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 Treaties_ Unauthorized reproduction or distribution of this, AIAie 3 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 14:40:52 on 0910612016 under Order No.5812203597_1 which expires on 1113012015, and is not for resale. User Notes: (1781223493) is 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 Preconstruction 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. § 2.1 Preconstruction Phase § 2.1.1 The Construction Manager shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other. § 2.1.2 Consultation The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such matters as procedures, progress, coordination, and scheduling of the Work. The Construction Manager shall advise the Owner and the Architect on proposed site use and improvements, selection of materials, and building systems and equipment. The Construction Manager shall also provide recommendations consistent with the Project requirements to the Owner and Architect on constructability; availability of materials and labor; time requirements for procurement, installation and construction; and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life -cycle data, and possible cost reductions. §2.1.2.1 In conjunction with the Architect and Owner, the Construction Manager will develop a formal comprehensive management and scope of Work plan. The Owner will decide whether to make Project changes. § 212.2 The Construction Manager will review the design and make suggestions to the Owner as to value engineering, constructability, suitability of materials and equipment, scheduling, time, methods and sequence of construction, clarity. consistency and coordination of documentation, to reduce project construction cost, to reduce operational costs or to improve the life of the building. The Owner will decide whether to make Project changes. However, the Construction Manager is not a licensed design professional and assumes no responsibility for the design of the Project or the design of the approved manufacturing systems (such as trusses and fire protection systems). Except as otherwise set forth in this Contract, any suggestions by the Construction Manager to modify the design of the Project to reduce costs will be based on Construction Manager's knowledge and experience as a construction contractor and Construction Manager, and not as a design professional, and Owner should review same with the Architect or other design professional prior to implementation. § 2.1.2.3 The Construction Manager shall develop, in coordination with Owner, a system for tracking project costs and cash flow. § 2.1.2.4 The Construction Manager shall attend and, if requested by Owner, schedule and lead periodic project meetings and special meetings for the exchange of information concerning the project, and review of design progress, permits and approvals. All meetings shall be held at a location and time convenient to the Owner's Designated Representative.. § 2.1.3 When Project requirements in Section 3.1.1 have been sufficiently identified, the Construction Manager shall prepare and periodically update a Project schedule for the Architect's review and the Owner's acceptance. The issuance of Project schedule shall be a representation and warranty to owner that Construction Manager has thoroughly and carefully examined the Project schedule and found it to be a reasonable and adequate amount of time for Construction Manager to perform the Work, and includes reasonable periods for the review of submittals, tests, inspections and other matters by Owner, Architect and any governmental authorities. The Construction Manager shall obtain the Architect's approval for the portion of the Project schedule relating to the performance of the Architect's services. The Project schedule shall coordinate and integrate the Construction Manager's services, the Architect's services, other Owner consultants' services, and the Owner's responsibilities and identify items that could affect the Project's timely completion. The updated Project schedule shall include the following: submission of the Guaranteed Maximum. Price proposal, components of the Work; times of commencement and completion AIA Document A133T" —2009 (formerly A121-CMc — 2043). Copyright 61991, 2003 and 2099 by The American Institute of Architects. AIi rights reserved. [nit. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe 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, 1 This document was produced by AIA software at 14:40:52 on 0910612016 under order No.5812203597_1 which expires on 11130/2016, and is not for resale. User Notes: (1781223493) 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 provide recommendations with regard to accelerated or fast-track scheduling, procurement, or phased construction. The Construction Manager shall take into consideration cost reductions, cost information, constructability, provisions for temporary facilities and procurement and construction scheduling issues. § 2.9.5 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. § 2.1.5.2 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construction Manager and Architect, detailed estimates of the Cost of the Work and value engineering analysis 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. § 2.1.5.3 Owner may require additional cost estimates to confirm budget due to modification made via design workshops, and the Construction Manager shall work with the Architect to reconcile any differences. § 2.1.6 Subcontractors and Suppliers The Construction Manager shall seek to develop bidders' interest in the Project and shall famish to the Owner for its information a list of possible subcontractors, including suppliers who are to furnish materials or equipment fabricated to a special design, from which proposals will be requested for each principal portion of the Work. The Owner will promptly reply in writing to the Construction Manager if the Owner knows of any objection to such subcontractor or supplier. The receipt of such list shall not require the Owner to investigate the qualifications of proposed subcontractors or suppliers, nor shall it waiver the right of the Owner later to object to or reject any proposed subcontractor or supplier. The Construction Manager shall develop the scope of work and prepare bid packages in concert with the Architect (Owner will provide a template for the bid packages) for each trade to be bid and participate in the prequalification and qualification of each of the Subcontractors and Sub -subcontractors as defined by law. § 2.1.7 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 in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders 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 the Architect may require. Inst AIA Document A1331 —2O09 (formerly A121 °MCMC — 2003). Copyright 81991, 2003 and 2009 by The American Institute at Architects. All rights reserved. WARNING: This AiAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe 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. j This document was produced by AIA software at 14:40:52 on 09/06/2016 under Order No.5812203597_1 which expires on 11/3012016, and is not for resale. User Notes. (1761223493) § 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 inclusion in the Contract Documents. § 2.2 Guaranteed Maximum Price Proposal and Contract Time § 2.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager and in consultation with the Architect, the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner's review and acceptance. The Guaranteed Maximum Price in the proposal shall be the sum of the Construction Manager's estimate of the Cost of the Work, including contingencies described in Section 2.2.4, and the Construction Manager's Fee. § 2.2.2 To the extent that the Drawings and Specifications are anticipated to require further development by the Architect, the Construction Manager shall provide in the Guaranteed Maximum Price for such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order. § 2.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include the following: ,1 A list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the Contract; ,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 contingency 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 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 from 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 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 promptly furnish those revised Drawings and Specifications to the Construction AIA Document A133'"' —2009 (formerly A121 TMC!Rc — 2903). 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 Treaties. Unauthorized reproductlon or distribution of this AIAe 6 Document, or any portion of it, may result $n 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 14:40:52 on 0 910 612 0 1 6 under Order No.5812203597_1 which expires on 111301201B, and is not for resale. User Notes: (1781223493) 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. §2.2.10 The Construction 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 Work in 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. § 2.3.1.2 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. §2.3.1.3 The Contract Time shall be measured from the date of Commencement. § 2.3.1.4 The Construction Manager shall achieve Substantial Completion of the entire Work no later than October O1, 2017, assuming February 01, 2017 construction start. The construction schedule will be added by Amendment at such time when enough information is available to accurately project the construction schedule. § 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 Construction Manager. The Construction Manager may provide a self -performing bid for specific scope(s) of work and, in addition, the Owner may designate specific persons from whom, or entities from which, the Construction Manager shall obtain bids. The Construction Manager shall obtain bids from Subcontractors and from suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Architect and 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. § 2.322 If the Guaranteed Maximum Price has been establisher] 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 conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager may require that a Change Order be issued to adjust the Contract Time and the Guaranteed Maximum Price by the difference between the bid of the person ar 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. § 2.3.2.3 Subcontracts or other agreements shall conform to the applicable payment provisions of this 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. § 2.3.2.4 The Construction Manager may recommend a specific bidder that may be considered a "related party" according to Section 6.10, so long as the Construction Manager notifies the Owner of such relationship and the specific nature of the contemplated transaction, according to Section 6.10.2. lnit AIA Document A133T —2009 (formerly A121 TMCMe --2003). Copyright* 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAa Document is protected by U.5. 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 14:40.52 on 0 9106120 1 6 under Order No.5812203597 1 which expires on 11130/2016, and is not for resale. User Notes: (1781223493) § 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 distribute 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 A201--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, portions 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. § 2.3.2.7.1 The Construction Manager shall develop and implement a change order control system using an 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 programs of all Subcontractors. § 2.3.2.7.3 The Construction Manager shall monitor closely the progress of construction of each subcontractor, prepare a construction schedule report at least monthly and, if and as necessary, prepare and submit recovery schedules. § 2.3.2.7.4 The Construction Manager shall furnish monthly reports concerning the progress of the work which address. (a) compliance with the 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 M13EIW13E 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 in progress 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 2.3.2.7 above. § 2.3.2.9 The Construction Manager shall be available to meet with the Owner 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 from the movement of heavy equipment, suppliers, materials, and pedestrian traffic. § 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 from weather. "Protected" means wrapped in weather and water -proofed plastic or similar material, left on pallets or other elevated surface to protect from water damage, and any other measures required to safeguard the Owner -purchased material from 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, AIA Document A133T —2009 (formerly A121 mCMc — 2003). Copyright Q 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 Treaties. Unauthorized reproduction or distribution of this AIAW S 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. d This document was produced by AIA software at 14:40:52 on 0910612016 under Order hio.5812203597_I which expires on 1113012015, and is not for resale. User Notes: (1 78 1 223493) 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 Construction 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 3.12.1 D of A201-2007 shall apply to both the Preconstruction and Construction Phases. § 2.5 Hazardous Materials Section 10.3 of A201-2007 shall apply to both the Preconstruction and Construction Phases. ARTICLE 3 OWNER'S RESPONSIBILITIES § 3.1 Information and Services Required of the Owner § 3.1.1 The Owner shall provide information with reasonable promptness, regarding requirements for and limitations on the Project, 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 establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1.1, (2) the Owner's other costs, and (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the Project's scope and quality. § 3.1.4 Structural and Environmental Tests, Surveys and Reports. Upon the reasonable request of the Construction Manager during the Preconstruction Phase, the Owner shall furnish the following information or services with reasonable promptness and at the Owner's expense. 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 or services. The Construction Manager shall be entitled to rely on the accuracy of information and services furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 3.1,4,1 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. § 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 restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark, AIA Document A133m — 2009 )formerly A121TM'CMc —2003). Copyright* 1991, 2043 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA& g 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. f This document was produced by AIA software at 14:40:52 on 09ID612016 under Order No.5812203597_1 which expires on 11130/2016r and is not for resale. User Notes: (1781223493) § 3,1.4.3 The Owner, when such services are requested, shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 3.1.4.4 During the Construction Phase, 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 Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request for such information or services. § 3.2 Owner's Designated Representative The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the Project. The Owner's representative shall render decisions promptly and furnish information expeditiously, so as to avoid unreasonable delay in the services or Work of the Construction Manager. Except as otherwise provided in Section 4.2.1 of A201-2007, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. § 3.2.1 Legal Requirements. The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 3.3 Architect The Owner shall retain an Architect to provide services., duties and responsibilities as described in AIA Document B133Tm-2014, Standard Form of Agreement Between Owner and Architect, as modified for this Project. 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. ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES § 4.1 Compensation § 4.1.1 For the Construction 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: (!avert amount of or basis for, compensation and include a list of reimbursable cost items, as applicable.) Fifteen Thousand and no/100 Dollars (515,000.00) § 4.1.3 If the Preconstruction Phase services covered by this Agreement have not been completed within six ( 6 ) 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. Owner and Construction Manager agree to the following schedule: - 50% CDs — 9/1/16 - 100% CDs — 9/30116 Project Out to Bid —12/10/16 - Bid Opening— 1/9/17 - Construction Start — February 01, 2017 - Project Completion October 01, 2017 § 4.1.4 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 § 4.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Inii AIA Document A133TM —2009 (formerly A121r"CI41c-2003). Copyright 0 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA'e Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'a 10 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 14:40:52 on 09106!2015 under Order No.5812203597_1 which expires on 11130/2015, and is not for resale. User Notes: (1 781 22 34 9 3) § 4.2.2 Payments are due and payable upon presentation of the Construction Manager's invoice. Amounts unpaid thirty ( 34 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. (Insert rate of monthly or annual interest agreed upon.) Zero % ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES § 5.1 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 lump sunt, percentage of Cost of the Work or other provision for determining the Construction Manager's Fee) Five and One Quarter Percent (5.25%) § 5.1.2 The method of adjustment of the Construction Manager's Fee for changes in the Work: Thirteen Percent (13%) § 5.1.3 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work: Ten Percent (10%) § 5.1.4 Rental rates for Construction Manager -owned equipment shall not exceed seventy-five percent ( 75 %) of the standard rate paid at the place of the Project. § 5.1.5 Unit prices. if any: NIA. (Idents and state the unit price; .state the quantity limitations, if arty, to which the unit price will be applicable.) § 5.2 Guaranteed Maximum Price § 5.2.1 The Construction Manager (Paragraphs deleted) will prepare and submit to the Owner a Budget, from which the parties anticipate a Guaranteed Maximum Price will be established. The Construction Manager represents and warrants that the GMP will be based on the Construction Manager's best and most diligent efforts to establish the lowest cost for performance of the Work consistent with the Owner's standards of quality and workmanship as reflected in the Drawings and Specifications. The sum of the Cost of the Work, the Construction Manager's Fee, Construction Manager's General Conditions' charges, and fixed insurances charges will be guaranteed by the Construction Manager not to exceed the established GMP, subject to additions and deductions by Change Order as provided in the Contract Documents. if the GMP exceeds the Cost of the Work, the Construction Manager's Fee, Construction Managers General Conditions' charges, and fixed insurance charges, the savings shall benefit the Owner. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Construction Manager without reimbursement by the Owner unless there are (honer approved change orders, in which event the Construction Manager shall be reimbursed accordingly. AIA Document A133T —2009 (formerty A121 TMCMc —2003). Copyright 01991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this MAO 11 Document, or any portion of It, may result in severe civii and criminal penalties, and will be prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 14:40:52 on 09106/2016 under Order No.5812203597_1 which expires on 1113012016, and is not for resale. User Notes: (1781223493) § 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. §5.2.2.1 The amount for contingencies ("Contingency"), if any, is set forth in the GMP Breakdown. Construction Manager shall notify Owner in writing at least ten (10) days prior to any proposed use of the Contingency, or any portion thereof, and shall supply Owner with detailed information relative to such proposed use. Construction Manager shall not use any portion of the Contingency without Owner's prior written approval, which approval shall not be unreasonably withheld. Any approved use of the Contingency shall be reflected by a Change Order signed by Owner and Contractor. §5.2.12 Subject to obtaining the Owner's approval as provided in Section 5.2.2.1, the Construction Manager is authorized to spend the Contingency to defray any Cost of the Work which is reimbursable or authorized under Article 7 for which the Construction Manager is not otherwise entitled under the Contract Documents which results from any of the following causes: (i) Conditions and events, which were not reasonably foreseen or known to the Construction Manager and which could not have been reasonably foreseen or known to the Construction Manager as a reasonably experienced Construction Manager at the time of establishment of the GMP; provided that, within seven (7) days after learning of such condition or the occurrence of such event, the Construction Manager shall have given notice thereof to the Owner. (ii) Gaps in Subcontractors' scopes of work which were not reasonably foreseers or known to the Construction Manager at the time the GMP was agreed upon and which could not have been reasonably foreseen or known to the Construction Manager as a reasonably experienced Construction Manager at the time of establishment of the GMP; provided that, within seven (7) days after learning of such condition or the occurrence of such event, the Construction Manager shall have given notice thereof to the Owner. (iii) Delays in receipt of materials or equipment not the fault of Contractor and which were not reasonably foreseen or known to Construction Manager at the time the GMP was agreed upon and which could not have been reasonably foreseen or known to the Construction Manager as a reasonably experienced Construction Manager at the time of establishment of the GMP; provided that, within seven (7) days after learning of such condition or the occurrence of such event, the Construction Manager shall have given notice thereof to the Owner. (iv) Increases in pre -established subcontractor bids, negotiated contracts or purchase orders or failure by a subcontractor or supplier- which is not recoverable by Construction Manager after diligent effort. (v) Unanticipated changes in the Schedule of Performance. (vi) Replacement costs for non-performing or defaulting Subcontractors. The Construction Manager shall keep the Owner advised of all anticipated charges against the Contingency. The Contingency shall not be construed as an amount available for upgrading or enlarging the scope of the Work, nor for covering expenses incurred for Architect's errors or omissions (such as compliance with code requirements). The Contingency shall not be used for remedying or repairing any defective Work, acceleration or premium time costs to recover time lost due to error by Construction Manager or any Subcontractor, Sub -subcontractor or material supplier, nor any other charges in excess of the General Conditions line -item amount within the GMP Breakdown due to poor performance or non-performance by Construction Manager's staff in the management and prosecution of the Work. §5.2.2.3 Any portion of the Contingency which remains undisbursed after the Work is fully completed shall accrue to the benefit of the Owner. In no event shall any portion of the Contingency be used to pay any costs or expenses for work required to be performed by the Construction Manager under any warranty, express or implied, made by the Construction Manager or any of its Subcontractors to the Owner in connection with the Work. In no event shall any portion of the Contingency be used to pay any costs or expenses resulting from any defaults by AIR Document A133T" —2009 (formerly A121 TMCMe-2003). Copyright @ 1991, 2003 and 2009 by The American institute of Architects. All rights reserved. Init. WARNING: This AIAa' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe 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. 12 This document was produced by AIA software at 14:40:52 on 0910612016 under Order No.5812203597_1 which expires on 1113012016, and is not for resale. User Notes: (1781223493) Subcontractors which are recoverable from the Subcontractor or from any insurance. In the event of a default by any Subcontractor, Construction Manager shall enforce its rights and pursue its remedies in accordance with the terms of the subcontract with such Subcontractor. § 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 Architect may make minor changes in the Work as provided in Section 7.4 of AIA Document A201-2407, General Conditions of the Contract for Construction. The Construction Manager shall be entitled to an equitable adjustment in the Contract Time 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 terms "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 shalt have the meanings assigned to them in AIA Document A201-2007 and 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 in 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 th is Agreement. § 5.3.5 If no specific provision is made in Section S. 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 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 performance of the 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. § 6.1.1.1 Costs as defined herein shall be actual costs paid by the Construction Manager, less all discounts, rebates, and salvages that shall betaken by the Construction Manager, subject to Article 6.9 of this Agreement. All payments made by the Owner pursuant to this Article 6, whether those payments are actually made before or after the execution of the Contract, are included within the Guaranteed Maximum Price specified in Paragraph 5.2 above; provided, however, that in no event shall the Owner be required to reimburse the Construction Manager for any portion of the Cost of the Work incurred prior to the Commencement Date unless the Construction Manager has received the Owner's written consent prior to incurring such cost. § 6.1,1.2 Notwithstanding the breakdown or categorization of any costs to be reimbursed in this. Article 6 or elsewhere in the Contract Documents, there shall be no duplication of payment in the event any particular item for which payment is requested can be characterized as falling into more than one of the types of compensable or reimbursable categories. § 6.1.2 Where any cost is subject to the Owner's prior approval, the Construction Manager shall obtain this approval prior to incurring the cost. The parties shall endeavor to identify any such costs prior to executing Guaranteed Maximum Price Amendment. blit AIA Document A133m — 2009 (formerly A1211CMc —2003). Copyright 0 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 Intemational Treaties. Unauthorized reproduction or distribution of this AIAe 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 taw. 13 1 This document was produced by AIA software at 14:40:52 on 091061201E under Order No.5812203597_1 which expires on 1113012016, and is not for resale. User Notes: (17812234933) § 6,2 Labor Costs § 6.2.1 Wages of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or, with the Owner's prior approval, at off-site workshops. § 6.2.2 Wages or salaries of the Construction Manager's supervisory and administrative personnel assigned to the Project and/or who perform tasks specifically related to the Project. Project Manager hourly rate - $65.00 Estimator hourly rate - $65.00 Assistant Project Manager hourly rate - $40.00 Superintendent hourly rate - $55.00 § 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. § 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 Work 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 transportation, 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 price of any comparable item. Rates of Construction Manager -owned equipment and quantities of equipment shall be subject to the Owner's prior approval. § 6.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal.. § 6.5.4 Costs of document reproductions, facsimile transmissions and long-distance telephone calls, postage and parcel delivery charges, telephone service at the site and reasonable petty cash expenses of the site office. AIA Document A133TM —2009 (formerly A121 TMCMc 2003). Copyright @ 1991, 2003 and 2009 by The Amercan Institute of Architects. All rights reserved. Inst. WARNING: This AIAO Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 14 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. r This document was produced by AIA software at 14:40:52 on 09106/2016 under Order No.5812203597_1 which expires on 1113012016, and is not for resale. User Notes: (1781223493) § 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. Reimbursable costs associated with Subcontractor -provided bonds are subject to the limitations set forth in Article 11 of AIA Document A201-2007. Self-insurance for either full or partial amounts of the coverages required by the Contract Documents, with the Owner's prior approval. Insurance coverages provided by Construction Manager and outlined in Section 8 of this Agreement shall be charged at the rate of .7313%, calculated on the direct cost of work. Builders Risk insurance is not included; however if Owner elects Construction Manager to provide Builders Risk insurance, Construction Manager to provide alternate pricing for this cost. § 6.6.2 Sales, use or similar taxes imposed by a governmental authority that are related to the Work and for which the Construction Manager is liable. § 6.5.3 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 Contract 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 Contract Documents, and which do not fall within the scope of Section 6.7.3. § 6.6.5 Royalties and license fees paid for the use of particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent rights arising from 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 and software, directly related to the Work with the Owner's prior approval. § 6.6.7 Deposits lost for 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 between the Owner and Construction Manager, reasonably incurred by the Construction Manager after the execution 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's prior approval, expenses incurred in accordance with the Construction Manager's standard written personnel policy for relocation and temporary living allowances of the Construction Manager's personnel required for the Work. § 6.7 Other Costs and Emergencies § 6.7.1 Other costs incurred in the performance 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, as provided in Section 10.4 of AIA Document A201-2007. Init AIA Document A133r" —2009 (formerly A121 mCMc — 2003). Copyright O 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AiAe Document is protected by U,S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA 1 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 14:40:52 on OW0612016 under Order No.5812203597_1 which expires on 11130!2016, and is not for resale. User Nates. (1781223493) § 5.7.3 Costs of repairing or 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 by the Construction Manager from insurance, sureties, Subcontractors, suppliers, or others; provided that any absence of collectible insurance is not due to the Construction Manager's breach of any contract for insurance. § 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 Costs Not To Be Reimbursed § 6.8.1 The Cost of the Work shall not include the items listed below: .1 Salaries and other compensation of the 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; .4 The Construction Manager's capital expenses, including interest on the Construction Manager's capital employed for the Work; .5 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; .6 Any cost not specifically and expressly described in Sections 6.1 to 6.7; .7 Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded; and .8 Costs for services incurred during the Preconstruction Phase. 6.9 Discounts, Rebates and Refunds § 6.9.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (1) before making the payment, the Construction Manager included them in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be obtained. The Construction Manager shall not obtain for its own benefit any discounts, rebates or refunds in connection with the Work prior to providing the Owner with at least seven (7) days' prior notice of the same and the opportunity to furnish such funds to obtain such discount, rebate or refund on behalf of the Owner. § 6.9.2 Amounts that accrue to the Owner in accordance with the provisions of Section 6.9.1 shall be credited to the Owner as a deduction from the Cost of the Work. § 6.10 Related Patty Transactions § 6.10.1 For 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 tern "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 from 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 AIA Document Al33Tr —2009 {formerly A121TmCMc=2003). Copyright @ 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init WARNING: This AiAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe 16 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 14:40:52 on 09/0612016 under Order Nc.5812203597_1 which expires on 1113012015, and Is not for resale. User Notes: (1781223493) procure the Work, equipment, goods or service from some person or entity other than a related party according to the terms of Sections 2.3.2.1, 2.3.2.2 and 2.3.2.3. § 6.11 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 are consistent with generally accepted accounting principles consistently applied and 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 Construction Manager's records and accounts, including complete documentation supporting accounting entries, books, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor's proposals, purchase orders, 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 § 71.1 Based upon Applications for Payment including all supporting documentation 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 month, or as follows: § 7.1.3 Provided that an Application for Payment is received by the Architect not later than the first (11) day of a month. the Owner shall make payment of the certified amount to the Construction Manager not later than the tenth (10") 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 but not later than forty-five ( 45 ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 7.1.4 With each Application for Payment, the Construction Manager shall submit Subcontractor's Application for Payment cover sheet and any other evidence required or requested 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 portion 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: AIA Document A133TM —2009 (formerly A121 T" CtMc 2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIAe Document is protected by U.& Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAE 17 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. f This document was produced by AIA software at 14:40;52 on 0910612016 under Order NoZ812203597_1 which expires on 11/3012016, and is not for resale. User Notes: (1781223493) ,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 of the 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 O-svner 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 stored 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 Fee, less retainagc of five percent ( 5.0 %). The Construction Manager's Fee shall be computed upon the Cost of the Work at the rate stated in Section 5.1 or, if the Construction Manager's Fee is stated as a fixed sum in that Section, shall be an amount that bears the same ratio to that fixed -sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtract retainage of five percent ( 5.0 %) from that portion of the Work that the Construction Manager self -performs; .5 Subtract the aggregate of previous payments made by the Owner; .6 Subtract 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, and any other amounts properly held by the Owner at the time of each progress payment. § 7.1.8 The Owner and Construction Manager shall agree upon (1) a mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Construction Manager shall execute subcontracts in accordance with those agreements. Five percent (5%) retainage shall be withheld on all Subcontractors. § 7.1.9 Except with the Owner's prior approval, the Construction Manager shall not make advance payments to suppliers 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 Contract except for the Construction Manager's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-2007, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Construction 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 payment to the Construction Manager shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: § 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 AIA Document A133r" —2009 (formerly A12110CMc —2003). Copyright V 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Inst. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA, 18 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 14:40:52 on 01910812016 under order No.5812203597_1 which expires on 1113012016, and is not for resale. User Notes: (1781223493) Cost of the Work 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 Construction Manager, or notify the Construction Manager and Owner in writing of the Architect's reasons for withholding a certificate 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 for 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 Construction Manager. fending a final 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 6. 1.1 and not excluded by Section 6.8 to correct defective or nonconforming Work, the Owner shall reimburse the Construction Manager such costs and the Construction Manager's Fee applicable thereto on the same basis as if such 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. ARTICLE 8 INSURANCE AND BONDS For all phases of the Project, the Construction Manager and the Owner shall purchase and maintain insurance, and the Construction Manager shall provide bonds as set forth in Article I I of AIA Document A201-2007. (State bonding requirements, if arty, and limits of liability for insurance required in Article 11 ofAL4 Document A201-2007.) Type of Insurance or Bond Limit of Liability or Bond Amount ($0.40) Workers' Compensation As mandated by state and federal law. Employers' Liability $1,000,000.00 Commercial General Liability $2,000,000.00 Each Occurrence tint]. Premises -Operations, Independent Contractors' Prolective, Products -Completed Operations, Contractual Liability, Personal Injury and Broad Form Property Damage (incl. coverage for Explosion, Collapse and UUndergound hazards)) General Aggregate $2,000,000.00 (wl$9,000,004.00 Umbrella) Personal and Advertising Injury $1,000,000.00 Product -Completed Operations Aute $2,000,000.00 Automobile Liability $2,000,000.00 Each Accident (Combined Single Limit) (incl. owned, non -owned and hired vehicles) for bodily injury and property damage) § 8.1 The Owner shall be an additional insured under Construction Manager's Commercial General Liability policy. § 8.2 INSURANCE REQUIRED OF THE OWNER During both phases of the Project, the Owner shall purchase and maintain liability and property insurance, including waivers of subrogation, as set forth in Article 11 of A201-2007. Such insurance shall be written for not less than the following limits, or greater if required by law. AIA Document A1331 — 2049 (formerly A121" CMc — 2003). Copyright 0 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. lnit. WARNING: This AIAd Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe 19Document, 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 14:40:52 on 0910612016 under Order No.5812203597_1 which expires on 1113012016, and is not for resale. User Notes: (1781223493) Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) Property Insurance Deductible Per Occurrence (Owner Responsibility) Aggregate Deductible (Owner Responsibility) Boiler and Machinery Insurance (If not a blanketpolicy, list the objects to be insured) ARTICLE 9 DISPUTE RESOLUTION § 9.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions set forth in this Article 9 and Article 15 of A201-2007. However, for Claims arising from or relating to the Construction Manager's Preconstruction Phase services, no decision by the Initial Recision Maker shall be required as a condition precedent to mediation or binding dispute resolution, and Section 9.3 of this Agreement shall not apply. § 9.2 The parties shall endeavor to resolve their disputes by mediation which, unless the parties mutually agree otherwise shall be administered by the parties. A request for mediation shall be made in writing and delivered to the other party to the Contract. The request may be made concurrently with the filing of litigation, but in the event litigation is filed, the mediation shall proceed in advance of litigation, which shall be stayed pending mediation. Written agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. For any Claim subject to, but not resolved by mediation, the method of binding dispute resolution shall be as follows: [ X ] Litigation in a court of competent jurisdiction. Any Mediation or trial arising out of or relating to the Contract shall be commenced and conducted in Ada County, Idaho. § 9.3 Initial Decision Maker The Architect will serve as the Initial Recision Maker pursuant to Section 15.2 of ATA Document A201-2007 for Claims arising from or relating to the Construction Manager's Construction Phase services, unless the parties appoint below another individual, not a party to the Agreement, to serve as the Initial Recision Maker. if the parties mutually agree, insert the name, address and other contact information cif the Initial Decision Maker, f gather than the Architect.) 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 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 AIA Document A133TO — 2009 (formerly A121r"CMc —2003). Copyright 0 1991, 2043 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties- Unauthorized reproduction or distribution of this AIAe 20 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. i This document was produced by AIA software at 14:40:52 on 010&2016 under Order No.5812203597_1 which expires on 1113012016, and is not for resale. User Notes: (1781223493) to the Construction 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, if the 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 the 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 equipment 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 10.13.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase 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 Construction Manager will contain provisions allowing for assignment to the Owner as described above. If the Owner accepts assignment of subcontracts, purchase orders or rental agreements as described above, the Owner will reimburse or indemnify 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 of the Work had this agreement not becn 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, utilizing as necessary a reasonable estimate of the Cost of the Work for Work not actually completed. § 10.3 Suspension The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007, as modified for this Project. In such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Section 14.3.2 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 Sections 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. § 11,2 Ownership and Use of Documents Section 1.5 of A201-2007 shall apply to both the Preconstruction and Construction Phases. crit AIA Document A133^ —2"009 (formerly A121 °MCMC — 2003). Copyright @ 1991.2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA's Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA121 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. j This document was produced by AIA software at 14:40:52 on 09/06/2016 under Order No.5812203597_1 which expires on 11130/2016, and is not for resale. User Notes: (1781223493) 11.3 Governing Law Section 13.1 of A201-2007, as modified for this Project, shall apply to both the Preconstruction and Construction Phases. § 11.4 Assignment The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Construction Manager shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. Except as provided in Section 13.2.2 of A201-2007, as modified for this Project, 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. § 11..5 Other provisions: § 11,5.1 Owner shall 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, contract or otherwise), the prevailing party shall be entitled to receive from 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. § 12.2 The following documents comprise the Agreement: .1 AIA Document A133-2009, 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, as modified for this Project. .2 AIA Document A201-2007, General Conditions of the Contract for Construction, as modified for this Project. AZA Document A133 — 2009, Exhibit A, Guaranteed Maximum Price Amendment to be executed at a later date after the project has been bid out. (Paragraphs deleted) Other documents: (List other documents, if any, fanning part of the Agreement.) AIA Document A133TM —2009 [formerly A121 T CMc — 2003]. Copyright Q 1991, 2003 and 2099 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIM Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe 22 Document, or any portion of lt, 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 14:40:52 on 09/96/2016 under order No.5812203597_1 which expires on 1113012016, and is not for resale. User Notes: (1781223493) This Agreement is entere into as of the day and year first written above. OWNER (Signa -ti -we) kelp ►3(., (A) A6 (Printed name and title) Inst. AIA Document A133T0 —2009 (formerly A1211CMc — 2003). Copyright 01991, 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 AIA23 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. t This document was produced by AIA software at 14:40:52 on 09/06/2016 under Order No.5812203597_1 which expires on 1113012016, and is not for resale. User Notes: (1781223493) Additions and Deletions Report for AIA Document A 133Tm — 2009 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 14:40:52 on 09/0612016. PAGE AGREEMENT made as of the 13th day of Julyin the year 2016 City of Meridian 33 East Broadway Avenue Meridian, ID 83642 Engineered Structures, Inc. 3330 East Louise Drive, Ste. 300 Meridian, ID 83642 Reta Huskey Park (Bellano Development) Ten Mile and Usti ck Roads Meridian, ID Jensen Belts Associates 495 Main Street Boise, ID 83702 Mike Rartnrr City of Meridian 33 East Broadway Avenue Meridian, ID 83642 Telephone: 208-888-4433 Fax: 208-887-4813 Joe Jackson Engineered Structures. Inc. 3330 East Louise Drive, Ste. 300 Meridian, ID 83642 Telephone Number: 208-362-3040 Fax Number: 208-362-3113 Additions and Deletions Report for AIA Document Al 33t" — 2609 (formerly A121TMCMc — 2043). Copyright * 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAe 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 14:46:52 on 09106/2016 under Order No.5612203597_1 which expires on 11130/2616, and is not for resale. User Notes: (1781223493) Email Address: joejackson(iDesiconstruction.com PAGE 2 Kim Siegenthaler Jensen Belts Associates 495 Main Street Boise, ID 83702 PAGE 3 12 SCOPE OF THE AGREEMENT cvXsWI—R��rv'QUAR-ANTEED MAXIMUM PRICE AMEKMMRN �r T�A 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 furnish 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 to perform the Work in an expeditious and economical manner consistent with the Owner's interests. The Construction Manager acknowledges that it owes a fiduciary duty to the Owner for all of its construction management services in connection with the Proiect. 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. For the Preconstruction Phase, AIA Document A201TM-2007, General Conditions of the Contract for Construction, as revised for this project, all apply only as specifically provided in this Agreement. For the Construction Phase, the general conditions of the contract shall be as set forth in A20I-2007, as revised for this project, which document is incorporated herein by reference. The term "Contractor" as used in A201-2007 shall mean the Construction Manager. PAGE 4 §2.1.2.1 In conjunction with the Architect and Owner, the Construction. Manager will develop a formal comprehensive management and scope of Workplan. The Owner will decide whether to make Project changes. §2.1.2.2 The Construction Manager will review the design and make suggestions to the Owner as to value engineering, constructability, suitability of materials and ui ment, scheduling, time, methods and sequence of construction clarity,consistency and coordination of documentation to reduce project construction cost to reduce operational costs or to improve the life of the building. The Owner will decide whether to make Project changes. However the Construction Manager is not a licensed design professional and assumes no rMonsibility for the design of the Project or the design of the approved manufacturing systems (such as trusses and fire protection systems). Except as otherwise set forth in this Contract, any suggestions by the Construction Manager to modify the design of the Protect to reduce costs will be based on Construction Manager's knowledge and experience as a construction contractor and Construction Manager, and not as a design professional, and Owner should review same with the Architect or other desip ofessional prior to implementation. § 2.1.2.3 The Construction Manager shall develop. in coordination with Owner, a system for tracking project costs and cash flow. Additions and Deletions Report for AIA Document A133* —2009 (formerly A121 111CMc — 2003). Copyright @ 1991, 2043 and 2,009 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'z 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 14:40:52 on 09/0612416 under Order No.5812203597-1 which expires on 11/30)2016, and is not for resale. User Notes: (1781223493) § 2.9.2.4 The Construction Manager shall attend and, if requested by Owner, schedule and lead periodic project meetings and special meetings for the exchange of information concerning the project, and review of design progress, permits and approvals. All meetings shall be held at a location and time convenient to the Owner's Designated Representative. § 2.1.3 When Project requirements in Section 3.1.1. have been sufficiently identified, the Construction Manager shall prepare and periodically update a Project schedule for the Architect's review and the Owner's acceptance. The issuance of a Proiect schedule shall be a representation and warranty to owner that Construction Manager has thoroughly and carefully examined the Project schedule and found it to be a reasonable and adequate amount of time for Construction Manager to_perform the Work, and includes reasonable periods for the review of submittals, tests. inspections and other matters by Owner, Architect and any governmental authorities. The Construction Manager shall obtain the Architect's approval for the portion of the Project schedule relating to the performance of the Architect's services. The Project schedule shall coordinate and integrate the Construction Manager's services, the Architect's services, other Owner consultants' services, and the Owner's responsibilities and identify items that could affect the Project's timely completion. The updated Project schedule shall include the following; submission of the Guaranteed Maximum Price proposal; components of the Work; times of commencement and 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. PAGE 5 § 2.1.5.2 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construction Manager and Architect, detailed estimates of the Cost of the Work and value engineering anaiasis 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. § 2.1.5.3 Owner may uire additional cost estimates to confirm budget due to modification made via design workshops, and the Construction Manager shall work with the Architect to reconcile any differences. g d.evel ep bidde-s' inteaFe,# in she � jeet. seek to develop bidders' interest in the The Construction Manager shall _-. _.�-. _.�a__ _ .,.._.. ,., .,._ ., _----- Protect and shall furnish to the Owner for its information a list of possible subcontractors, including suppliers who are to furnish materials or equipment fabricated to a special design, from which proposals will be requested for each principal portion of the Work. The Owner will promptly re ably in writing to the Construction Manager if the Owner knows of any objection to such subcontractor or supplier. The receipt of such list shall not rgguire the Owner to investigate the qualifications of proposed subcontractors or suppliers, nor shall it waiver the right of_the _Owner later to object to or reject anyproposed subcontractor orsuppplier. The Construction Manager shall develop the scope of work and prepare bid packages in concert with the Architect (Owner will provide a template for the bid packages) for each trade to be bid and participate in the pregualifcation and qualification of each of the Subcontractors and Sub -subcontractors as defined by law. PAGE 6 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 inclusion in the Contract Documents. Additions and Deletions Report For AIA Document A133^ —2009 (formerly A121`"CMc —2003). Copyright* 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING, This AIAO Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA40 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 14:40:52 on 0910612016 under Order No.5812203597_1 which expires on 1113012016, and is rot for resale. User Notes: (1781223493) § 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 promptly 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. PAGE 7 2.1.10 The Construction Manager's submittal of the Guaranteed Maximum Price proposal for the Owner's review and acceptance shall constitute Construction Manager's retires_ entation 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 Work in the Contract Time and for the Guaranteed Maximum Price. i 2.3.1.3 The Contract Time shall be measured from the date of Commencement 42.3.1.4 The Construction Manager shall achieve Substantial Completion of the entire Work no later than October 01, 2017, assuming February 01, 2017 construction start. The construction schedule will be added by Amendment at such time when enough information is available to accurately Project the construction schedule. § 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 Construction Manager. The Construction Manager may provide a self -performing bid for specific scope(s) of work and, in addition, the Owner may designate specific persons from whom, or entities from which, the Construction Manager shall obtain bids. The Construction Manager shall obtain bids from Subcontractors and from suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Architect and 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. § 2.3,1.3 Subcontracts or other agreements shall conform to the applicable payment provisions of this 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. § 2.3.2.4 If4he-The Construction Manager reeemmends may recommend a specific bidder that may be considered a "related party" according to Section 6. 10, } - 4y notify the n,,.„ eF s, 94tin . AC Istkle . _eiatieRshi,L.,.,,t-notify the "•• eF ef so long as the Construction Manager_ notifies the Owner of such relationship and the specific nature of the contemplated transaction, according to Section 6.10.2. PAGE 2.3.2.7.1 The Construction Manager shall develop and implement a change order controls stem using an Internet based Project Management software. ' 2.3.2.7.2 The Construction Manager shall establish and implement a Q4afity Control 12r2gram includin Monitoring the quality programs of all Subcontractors. 2.3.2.7.3 The Construction Manager shall monitor closely the ro ess of construction of each subcontractor. r2repare a construction schedule report at least monthly and, if and as necessary, prepare and submit recovery schedules. Additions and Deletions Report for AIA Document A133w —2009 (formerly A121' CW -2003). Copyright V 1991, 2003 and 2009 by The American Institute ofArchitects. AAI rights reserved. WARNING: This AIAe 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 document was produced by AIA software at 14:40:52 on 0910612016 under Order No.5812203597_1 which expires on 1113012016, and Is not for resale. User Notes: (1781223493) §§2.3.2.7.4 The Construction Manager shall furnish monthly reports concerning the progress of the work which address: a) compliance with the 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 MBEIWBE participation, and (f) other matters relating to the progress of work as directed by Owner. §2.12.9 The Construction Manager shall be available to meet with the Owner as shall be reasonably scheduled by the Owner's designated representative. The Construction Manager shall attend, and, if requested by Owner, shall schedule and Iead, 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 ated 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 frorn the movement of heavy equipment. suppliers, materials, and pedestrian traffic. § 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 adgquately protected from weather. "Protected" means wrapped in weather and water-proofed plastic or similar material, left on pallets or other elevated surface to protect from water damage, and any other measures required to safeguard the Owner-purchased material from 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 Construction 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. PAGE 9 § 3.1.4 Structural and Environmental Tests, Surveys and Reports. Dffing-Upon the reasonable request of the Construction Manager during the Preconstruction Phase, the Owner shall furnish the following information or services with reasonable premp wss,promptness and at the Owner's expense. 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 or services. The Construction Manager shall be entitled to rely on the accuracy of information and services furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. PAGE 10 The Owner shall retain an Architect to provide services, -duties and responsibilities as described in AIA Document B133Tm-2414, Standard Form of Agreement Between Owner and Architect, rensaRRe-sion MaRagw as '"n 1-#ri,M,...12d4iAn as modified for this Project. 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. Fifteen Thousand and no/ 100 Dollars ($15,000.04) Additions and Deletions Report for AIA Document A133n` —2009 (formerly A121 TMCMc-2003). CopyrightO 1991.2003 and 2009 by The American nstitute of Architects. All rights reserved. WARNING., This AiAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA11, 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 hyAIA software at 14:40:52 on 0910612016 under Order No.5812203597 1 which expires on 11130/2016. and is not For resale. User Notes: (1 78 1 223493) § 4.1.3 If the Preconstruction Phase services covered by this Agreement have not been completed within six { 6� 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. Owner and Construction Manager agree to the followinp, schedule_. 50% CDs — 9/1/16 100% CDs — 9/30/16 Project Out to Bid — 12/10/16 - Bid C3pening — 1/9/17 Construction Start — February 01, 2017 - Project Completion —October 01, 2017 PAGE 11 § 4.2.2 Payments are due and payable upon presentation of the Construction Manager's invoice. Amounts unpaid thirty J 33� days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. Zero% Five and One Quarter Percent (5.25% Thirteen Percent 13%) Ten Percent G0% § 5.1.4 Rental rates for Construction Manager -owned equipment shall not exceed seventy-five f3ercent ( L5_1/6) of the standard rate paid at the place of the Project. § 5.1,5 Unit prices, if any: N/A km § 5.2.1 The Construction Manager will prepare and submit to the Owner a Budget, from which the parties anticipate a Guaranteed Maximum Price will beestablished. The Construction Manager represents and warrants that the GMP will be based on the Construction Manager's best and most diligent efforts to establish the lowest cost for performance of the Work consistent with the Owner's standards of quality and workmanshil2 as reflected in the Drawings and Specifications. The sum of the Cost of the Work the Construction Manager's Fee Construction Manager's General Conditions' charges, and fixed 'insurances char es will be guaranteed by the Construction Manager not to exceed the established Additions and Deletions Report for AIA Document A133"' —2009 (formerly A121'0CMe —2003). CopyrightO 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 AIM, 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 Paw. This document was produced by AIA software at 14:40:52 on 09/0612016 under Order No.5812203597 1 which expires on 1113012016, and is not for resale. User Notes: (1781223493) GMP, subiect to additions and deductions by Change Carder as provided in the Contract Documents. Ifthe GMP exceeds the Cost of the Work, the Construction Manager's Fee, Construction Managers General Conditions' charges. and fixed insurance charges, the savings shall benefit the Owner. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Construction Manager without reimbursement by the Owner unless there are Owner approved change orders, in which event the Construction Manager shall be reimbursed according -v. PAGE 12 §5.2.2.1 The amount for contingencies ("Contingency"). if any, is set forth in the GMP Breakdown. Construction Manager shall notify Owner in writing at least ten (10) days prior to any proposed use of the Contingency, or any portion thereof, and shall supply Owner with detailed information relative to such proposed use. Construction Manager shall not use any -portion of the Contingency without Owner's prior written approval, which approval shall not be unreasonably withheld. Any approved use of theContingency shall be reflected by a Change Order sigLied by Owner and Contractor. -45.2.2.2 Subject to obtaining the Owner's approval as provided in Section 5.2.2.1, the Construction Manager is authorized to spend the Contingency to defray any Cost of the Work which is reimbursable or authorized under Article 7 for which the Construction Manager is not otherwise entitled under the Contract Documents which results from anv of the following causes: (i) Conditions and events. which were not reasonably foreseen or known to the Construction Manager and which could not have been reasonably foreseen or known to the Construction Manager as a reasonably experienced Construction ManajZer at the time of establishment of the GMP; provided that, within seven 7 days after learning of such condition or the occurrence of such event the Construction Manager shall have given notice thereof to the Owner. {ii) Gaps in Subcontractors' scopes of work which were not reasonably foreseen or known to the Construction Manager at the time the GMP was a eed upon and which could not have been reasonabl foreseen or known to the Construction Manager as a reasonably experienced Construction Manager at the time of establishment of the GMP; provided that, within seven (7) days after learning of such condition or the occurrenec of such event. the Construction Manager shall have given notice thereof to the Owner. (iii Delays in receipt of materials or equipment not the fault of Contractor and which were not reasonably foreseen or known to Construction Manager at the time the GMP was aueed_upon and which could not have been reasonablv foreseen or known to the Construction Manager as a reasonably experienced Construction Manager at the time of establishment of the GMP:provided that. within seven 7 days after leamin a of such condition or the occurrence of such event, the Construction Manager shall have given notice thereof to the Owner. (iv) Increases in preestablished subcontractor bids, ng otiated contracts or purchase orders or failure by a subcontractor_ or supplier which is not recoverable by Construction Manager after diligent effort. (v) Unanticipated changes in the Schedule of Performance. (vi) Replacement costs for non-performing or defaulting Subcontractors. The Construction Manager shall k2o the Owner advised of all anticipated charges against the Contingency. The Contingency shall not be construed as an amount available for upgrading or enlarging the scope of the Work, nor for covering expenses incurred for Architect's errors or omissions such as compliance with coder uirements . The Contingency shall not be used for remedying or repairing any defective Work, acceleration or premium time costs to recover time lost due to error by Construction Manager or any Subcontractor, Sub -subcontractor or material supplier, nor any other charges in excess of the General Conditions line -item amount within the GMP Breakdown due to poor performance or non-performance by Construction Manager's staff in the management and prosecution of the Work. Additions and Deletions Report for AIA Document A133TM —2009 (formerly A121TmCMc —2003). copyright C 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 7 reproduction or distribution of this AIAe 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 14:40:52 on 0910612016 under Order No.5912203597_1 which expires on 11130Q016, and is not for resale_ User Notes: (1761223493) 6 5.2.2.3 Any portion of the Contingency which remains undisbursed after the Work is fully completed shall accrue to the benefit of the Owner. In no event shall any portion of the Contingency be used to pay any costs or expenses for work r uired to be Performed by the Construction Manager under any warranty, express or implied. made by the Construction Manager or any of its Subcontractors to the Owner in connection with the Work. In no event shall any portion of the Contingency be used to pay any costs or expenses resulting from any defaults b Subcontractors which are recoverable from the Subcontractor or from any insurance. In the event of a default b any Subcontractor. Construction Manager shall enforce its rights and pursue its remedies in accordance with the terms of the subcontract with such Subcontractor. PAGE 13 § 6.1.1.1 Costs as defined herein shall be actual costs paid by the Construction Manager, less all discounts rebates and salvages that shall betaken by the Construction Manager, subject to Article 6.9 of this A Bement. All payments made by the Owner pursuant to this Article 6. whether those payments are actually made before or after the execution of the Contract are included within the Guaranteed Maximum Price specified in Paragraph 5.2 above,• provided, however, that in no event shall the Owner be r uired to reimburse the Construction Manager for an portion of the Cost of the Work incurred prior to the Commencement Date unless the Construction Manager has received the Owner's written consent prior to incurring such cost. 6.1.1.2 Notwithstanding the breakdown or categorization of any costs to be reimbursed in this Article 6 or elsewhere in the Contract Documents, there shall be no duplication of payment in the event any particular item for which Nayment is requested can be characterized as falling into more than one of the types of compensable or reimbursable cate og_ri_es. PAGE 14 § 6.2.2 Wages or salaries of the Construction Manager's supervisory and administrative personnel when statiened at the site with the ()"of's prieF appfeval. (if it is inlended- ON-;$ 1 -he -00ages or salaries of eeAain pefsemneal Statie-A-ed- Fait the Genstruetion MaRagff's pfineipal BF eth er 49 ee-s shall be ifieloded in the Cost of the Warle, identify in Seetien 11.5, th e persimn el fe be inel ude4, iVh@-1hff f8f all BF Effily flaf! Of thOif- tiffi@-, Mid 1111A FA -4,04- -A* M-hieh their- time will be ehafged to the WeFk.' assigned to the Project and/or who perform tasks specifically related to the Project. Project Manager hourly rate - $65_00 Estimator hourly rate $65.00 Assistant Project Manager hourly rate - $40.00 Superintendent hourly rate - $55.00 PAGE 15 § 6.6,1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. Reimbursable costs associated with Subcontractor rovided bonds are subject to the limitations set forth in Article 11 of AIA Document A201-2007. Self-insurance for either full or partial amounts of the coverages required by the Contract Documents, with the Owner's prior approval. Insurance coverages provided by Construction Manager and outlined in Section 8 of this A eement shall be char ed at the rate of .738% calculated on the direct cost of work. Builders Risk insurance is not included, however if Owner elects Construction Manager to provide Builders. Risk insurance, Construction Manager to rovide alternate pricing for this cost. PAGE 16 § 6.7.3 Costs of repairing or 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 by the Construction Manager from insurance, sureties, Subcontractors, suppliers, or Additions and Deletions Report for AIA Document A133"" -2009 (formerly A1211CMc - 2003). Copyright 0 1991. 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAO 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 14:40:52 on 0910612016 under Order No.5812203597-1 which expires on 11/3012016. and is not for resale. User Notes: (1781223493) ethe€s:others; provided that any absence of collectible insurance is not due to the Construction Manager's breach of any contract for insurance. § 6.9.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (1) before making the payment, the Construction Manager included them in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be obtained. The Construction Manager shall not obtain for its own benefit any discounts, rebates or refunds in connection with the Work prior to providing the Owner with at ]east seven(7)days' prior notice of the same and the opportunity to furnish such funds to obtain such discount, rebate or refund on behalfof the Owner. PAGE 17 The Construction Manager shall keep full and detailed records and accounts related to the cost of the Work and exercise such controls as are consistent with generally accepted accounting principles consistently applied and 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 Construction Manager's records and accounts, including complete documentation supporting accounting entries, books, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor's proposals, purchase orders, 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. § 7.1.1 Based upon Applications for Payment including all supporting documentation 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. § 7,1.3 Provided that an Application for Payment is received by the Architect not later than the first L1111day of a month, the Owner shall make payment of the certified amount to the Construction Manager not later than the tenth 10`h day of the following month. 1f 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 but not later than forty-five ( 4L) days after the Architect receives the Application for Payment. § 7.1.4 With each Application for Payment, the Construction Manager shall submit ,. a T911s peoy each aaeo pis Subcontractor's 6nlication for Payment cover sheet and any other evidence required or requested 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. PAGE 18 .3 Add the Construction Manager's Fee, less retainage of fivepercent (5_0 %). The Construction Manager's Fee shall be computed upon the Cost of the Work at the rate stated in Section 5.1 or, if the Construction Manager's Fee is stated as a fixed sum in that Section, shall be an amount that bears the Additions and Deletions Report for AIA Document A133TM =2049 (formerly AVImCMc — 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 Internationale Treaties. Unauthorized 9 reproduction or distribution of this AIAe 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 14:40:52 on 0910612016 under Order No.5812203597_1 which expires on 1113012016, and is not for resale. User Notes: (1781223493) same ratio to that fixed -sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; Subtract retainage of five percent ( SA %a) from that portion of the Work that the Construction Manager self -performs; 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 200-7-A201-2007, as modified for this Project, and any other amounts properly held by the Owner at the time of each progress Myment. § 7.1.8 The Owner and Construction Manager shall agree upon (I) a mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Construction Manager shall execute subcontracts in accordance with those agreements. Five percent {5%0) retainage shall be withheld on all Subcontractors. PAGE 19 Workers' Compensation As mandated by state and federal law. Employers' Liability $110001000.00 Commercial General Liability $2,000,000.00 Each Occurrence (incl. Premises-Overations. Independent Contractors' Protective. Products-Coint)ieted Operations, Contractual Liability, Personal [njury and Broad Form Property t)amage (incl. coverace for Explosion. Collapse and Underground hazards)) General At-esrate $2,000,000.00 (wl$9,000,000.00 Umbrella) Personal and Advertisina Iniury $1,000,000.00 Products -Completed (hwationsAaxeeate $2,000,000.00 Automobile Liability $2,000,000.00 Each Accident (Combined Single Limit) [incl. owna non -owned and hired vehicles) for bodily iniury and nroperiv damage) 8.1 The Owner shall be an additional insured under Construction Manager's Commercial General Liability policy.. 18.2 INSURANCE REQUIRED OF THE OWNER Duling both hales of the Pra'ect the Owner shall urchase and maintain liability and property insurance including waivers of subrogation, as set forth in Article 11 of A201-2007. Such insurance shall be written for not less than the following limits, or reater if re uired by law: Type of Insurance or Bond Property Insurance Boiler and Maehinery Insurance PAGE 20 Limit of Liability or Bond Amount ($0.00) Deductible Per Occurrence [Owner Responsibility) Aegreeate Deductible (Owner Responsibility) mot a blanket policy, list the obiects to he insured) § 9.2 The parties shall endeavor to resolve their disputes by mediation which unless the Parties mutually a ree otherwise shall be administered by the parties. A request for mediation shall be made in writing and delivered to the other party to the Contract. The r2quest maybe made concurrently with the filing of litigation, but in the event litigation is filed the mediation shall proceed in advance of lit( ation which shall be staved Pending mediation. Written a eements reached in mediation shall be enforceable as settlement a eements in an court having Additions and Deletions Report for AIA Document A133m —2004 (formerly A121 TMCMc —2403). CopyrightO 1991, 2003 and 2009 by The American Institute of Architects.. All rights reserved. WARNING: This AIAe 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 14:40:52 on 09/06/2016 under Order No.5812203597_1 which expires on 11130!2015, and is not for resale. User Notes: (1781223493) iurisdiction thereof. For any Claim subject to, but not resolved by r,..,..-_ -g-At "'n' 2007, mediation, the method of binding dispute resolution shall be as follows: [ XJ Litigation in a court of competent lett . _ iurisdiction. Any Mediation or trial arising out of or relating two the Contract shall be commenced and conducted in Ada County. Idaho. PAGE 21 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A241--r—A201-2007, as modified for this Project. In such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Section 14.3.2 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 Sections 5.1 and 5.3.5 of this Agreement. § 11.1 Terms in this Agreement shall have the same meaning as those in"'"'^TA201-2007, as modified for this Proiect. PAGE 22 Section 13.1 of""'�rA201-2007, as modified for this Project, shall apply to both the Preconstruction and Construction Phases. The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. iVeither the Owner nor the Construction Manager shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. Except as provided in Section 13.2.2 of A201-2007, as modified for this Project. 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. 411.5.1 Owner shall 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 Managg['s coordination and management of its Subcontractors or Suppliers 611.5.2 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, contract or otherwise), the Prevailing party shall be entitled to receive from the other party reasonable attomeys' fees, court costs, expert witness fees and other costs and expenses of such action in any appeal there from. Additions and Deletions Report for AIA Document A1337" —2009 (formerly A121 TMClulc —2003). Copyright C1 1991, 2003 and 2009 by The American institute of Architects. All rights reserved. WARNING: This AIA0 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 1 reproduction or distribution of this AIM, 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 Caw. This document was produced by AIA software at 14:40:52 on 09/0612016 under Order No.5612203597_1 which expires on 1113012016, and is not for resale. User Notes: (1781223493) .1 AIA Document A133-2009, 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 PrieePrice, as modified for this Proiect. .2 AIA Document A201-2007, General Conditions of the Contract for CefrsEFuetieffConstruction, as modified for this Project.. .3 AIA Document E201IM 2007, Digital Data r PietOeel E)di1ibiC, i fee Ip!L4ea , CI the fell eiwing- i A133 — 2009, Exhibit A, Guaranteed Maximum Price Amendment to be executed at a later date after the project has been bid out, ..• VIN IN Other documents: PAGE 23 Joe Jackson, Vice President Additions and Deletions Report for AIA Document A133TM —2009 (formerly A121 TMCANtc — 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 12 reproduction or distribution of this AIAc' 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 softwere at 14:40:52 on 0910612016 under Order No.5812203597 1 which expires on 1113012016, and is not for resale. User Notes: (1781223493) 1/j Document A201TM2007 r� General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address) Reta Huskey Park (Bellano Development) Ten Mile and Ustick Roads ADDITIONS AND DELETIONS: Meridian, ID The author of this document has added information needed for its THE OWNER: completion. The author may also have revised the text of the original (Name, legal staters and address) AIA standard form. An Additions and City of Meridian Deletions Report that notes add d 33 East Broadway Avenue information as well as revisions to Meridian, ID 83642 the standard form text is available from the author and should be THE ARCHITECT: reviewed. A vertical fine in the left (Name, legal staters and address) margin of this document indicates Jensen Belts Associates where the author has added 495 Main Street necessary information and where Boise, ID 83702 the author has added to or deleted from the original ACA text. TABLE OF ARTICLES This document has important legal 1 GENERAL PROVISIONS consequences. Consultation with an attorney is encouraged with respect to its completion or modification. 2 OWNER 3 CONTRACTOR 4 ARCHITECT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS r�y:1-11aIrl:6yII!I1`IMY191Nr1l 8 TIME I:'�t�ll'il�►�iy_1►1�IK�ldil���i'I�7il 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES AIA Document A201 n' — 2007. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 197®, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA40 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 1 reproduction or distribution of this AIAe 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 APA software at 14:54:17 on 09!0612016 under Order No.5812203597_1 which expires on 1113012016, and is not for resale. User Notes: (1433357930) 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 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 Deject 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, 115.2 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 Sinding 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, 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 AIA Document A201 `* — 2807. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Ini' Institute of Architects. All rights reserved. WARNING: This MAO 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 j the maximum extent ,possible under the law. This document was produced byAlA software at 14:54:17 on 09/0612016 under Order No.5$12203597_1 which expires on 11/3012016, and is not for resale. User Notes. (14333357930) Building Permit 3.7.1 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, 9.14.3, 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 Claims (Paragraphs deleted) 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 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, 6.2.2,8.1.2,8.2.2,8.3.1,11.1,11.3.1,11.3.6,1.1.4.1, 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 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 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.I.5.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.3 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5°4.1.1, 11-3,9,14 Contract Administration 3.1.3, 4, 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 Sam, 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 [nit AA ,IA Document 201TM — 2007. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987. 1997 and 2007 by The American nsiitute 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 criminat penalties, and will be prosecuted to the maximum extent possibie under the law. This document was produced by AIA software at 14:54:17 on 0910612016 under Order No.5812203597_1 which expires on 11130!2016, and is not for resale. User Notes: (1433357930) Contractor. Definition of 3.1, 6.1.2 Contractor's Construction Schedules 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Contractor's Employees 3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.23,4.2.6, 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, 99, 10,2.6, 10.3, 11,3.7, 12, 13.5, 15.1.2, 15.2,1 Contractor's Representations 3.2.1,3.2.2,35,3.12.6,6.2.2,8.2.1,9.3.3,9.8.2 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, 3.11,3.12.4,4.27,5.2.1,5.2.3,9.2,9.3, 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, 1.4, 15.1.3 Contractul 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, 1 l .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 2.3,2.4,3.5,4.2.6,6.25,9.5.1,9.5.2,9.6.6,9.8.2, 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 AIA Document A201" — 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 AIA80 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 4 reproduction or distribution of this AIAe 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 14:54:17 on 09/06/2016 under Order No.5812203597_1 which expires on 1113012016, and is not for resale. User Notes: (1433357930) 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 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 I 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, Lass 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 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 Liens 2.1.2, 9.3.3, 9.10.2, 9.10.4, 15.2.8 Limitations, Statutes of 12.2.5, 13.7 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 fnft AIA Document A2011 2007. Copyright 071911, 1815, 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 MAO Document is protected by U.S. Copyright Law and International Treaties. Unauthorized r� reproduction or distribution of this AIA's 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 14:54:17 on 0910612016 under Order No.5812203597 1 which expires on 1113012016, and is not for resale. User Notes: (1433357930) 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 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 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 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 Notice of Claims 3.7.4, 10.2.8, 15.1.2 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 Order of Precedence 1.7 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 Parties Relations 1.1.9 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5,7.39,9.2,9.3,9.4,9.5,9.6.3,9.7,9.8.5,9.10.1, 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, 1.4.1.1.3, 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, 11A Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 AIA Document A201T —2007. Copyright C 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 document was produced byAlA software at 14:54:17 on 09/0612016 under Carder No.5812203597_1 which expires on 1113012016, and is not for resale. User Notes: (1433357930) 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 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, 9.14.3, 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 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, 53, 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. 13 Review of Contractor's Submittals by Owner and Arch itect 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 Royalties, Patents and Copyrights 3.17 (Paragraph deleted) 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 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 Init. AIA Document A201' — 2007, Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1981, 1963, 1956, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 7 reproduction or distribution of this AIAO 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 14:541 Ton 09/0612016 under Order No.5812203597_1 which expires on 1113012016, and is not for resale. User Notes: (1433357930) 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 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, 52.4 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 TERMINATION 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 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, 132, 13.4.2 Written Interpretations 4.2.11, 4.2.12 AIA Document A201T —2007. Copyright 01911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1866, 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 S reproduction or distribution oft his AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to r the maximum extent possible under the law. This document was produced by AIA software at 14:54:17 on 09106/2016 under Order No.5812203597_1 which expires on 11/3012016. and is not for resale. User Notes: (1433357930) Written Notice Written Orders 2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 5.2.1, 8.2.2, 9.7, 1.1.1, 2.3, 3.9, 7, 8.2.2, 12.1, 12.2, 13.5.2, 14.3.1, 9.10, 10.2.2, 10.3, 11.1.3, 12.2.2, 12.2.4, 13.3, 14 15.1.2 Init. AIA Document A201T —2007. Copyright 01911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 196&, 1970, 1976, 1987, 1997 and 2047 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 14:54:17 on 09106/2016 under Order N0.5812203597 1 which expires on 1113012016, and is not for resale. User Notes: (1433357930) 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. § 1.1.9 PARTIES RELATIONS Owner, Architect and Contractor agree to proceed with the Work on the basis of mutual trust, good faith and fair dealing.. § 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS § 1.2.1 The Contract Documents shall 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 Init.AIA Document A201"-2007. Copyright C) 1911, 1915, 1918, 19 25, 1937, 1951, 1958, 1961, 1983, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AiA Document is protected by U.5. Copyright Law and International Treaties. Unauthorized 10 reproduction or distribution of this AIA'e Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:54:17 on 09/0612096 under Order No.5812203597_1 which expires on 1113012016, and is not for resale. User Notes: (1433357939) binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferabie from them as being necessary to produce the indicated results. § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.3 CAPITALIZATION Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architects. § 1A 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 Iater 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 Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and other reserved rights, including copyrights. The Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect'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 the Architect's consultants. § 1.6 TRANSMISSION OF DATA IN DIGITAL FORM If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the Agreement or the Contract Documents. ARTICLE 2 OWNER § 2.1 GENERAL § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval, 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. tn1t AIA Document A201T —2007. Copyright @ 1911, 1915, 1918, 1925, 1937, 1551, 1958, 1961, 1983, 1986, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.9. Copyright Law and International Treaties. Unauthorized 11 reproduction or distribution of this A1Ae 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 14:54:17 on 09106/2016 under Order No.5812203597_1 which expires on 11 f36/2016, and is not for resale. User Notes: (1433357930) § 2.1.2 The Owner shall furnish to the Contractor within fifteen 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. § 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 2.2.1 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. § 2,2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.2.4 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Contractor's performance of the Work with reasonable promptness after receiving the Contractor's written request for such information or services. § 2.2.5 [finless 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 15.2. § 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. 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 AIA Document A201TI —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 AiAO Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 12 reproduction or distribution of this AIAe' 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 14:54:17 on 09106/2016 under order No.5812203597_I which expires on 1113012016, and is not for resale. User Notes: (1433357930) express authority to bind the Contractor with respect to all matters under this Contract. The terns "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. § 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 § 32.1 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 arc 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 in formation 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 as a request for information in such form as the Architect may require. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor's notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall make Claims as provided in Article 15, If the Contractor fails to perform the obligations of 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 ditTerences 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 Iawful 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 m — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1978, 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 j the maximum extent possible under the law. This document was produced by AIA software at 14:54:17 on 09/0612016 under Order No.5812203597 1 which expires on 11=12016, and is not for resale. User Notes: (1433357930) § 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 Be 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, defective design, 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. § 3.5 TAXES Unless otherwise agreed, the Contractor shall pay sales, consumer, use and similar taxes for the Work 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. § 3.71 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, unless after having notified the Architect or Owner pursuant to Article 3.2, and either the Architect or Owner order or direct the Contractor to complete said 'Work. § 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 APA Document A201 r'" — 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 AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 14 reproduction or distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to r the maximum extent possible under the law. This document was produced by AIA software at 14.5417 on 0910612016 under Order No.5812203597_1 which expires on 1113012016, and is not for resale. User Notes: (1433357930) Documents or (2) unknown physical conditions that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect. 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 knowingly 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 or as approved by the Owner. 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, A Allowances shall cover all cost to the Contractor including but not limited to purchasing materials, transportation, expediting, unloading, Storing, installation, bonds, taxes, insurance, and any other expenses except Contractor's General Conditions, fee and general liability insurance; .2 Contractor's General Conditions, fee and general liability insurance contemplated for stated allowance amounts shall be included in the Contract Sum and 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. Inst. AIA Document A201 TM — 2007. Copyright 01911, 1915, 1918, 1925, 1937, 1951, 1958, 1981, 1983, 1966, 1970, 1975, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAx' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 1 � reproduction or distribution of this AIAe 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 14:54:17 on 0910612016 under Order No.5612203597_1 which expires on 11/30/2016, and is not For resale. User Notes: (1433357930) § 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. § 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 SureTrak 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 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 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. 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 AIA Document A201 m — 2007. Copyright* 1911, 1915, 191$, 1925, 1937, 1951, 1958, 1961,1963, 1986, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved, WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 16 reproduction or distribution of this AIAe Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to r the maximum extent possihte under, the law. This document was produced by AIA software at 14:54:17 on 0910612016 under Order Nrr.5612203597_1 which expires on 11130!2016, and is not for resale. User Notes: (1433357930) 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, § 3.12.$ By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has within normal construction industry standards verified materials, field measurements and field construction criteria related thereto, or will do so and checked and coordinated the information contained within such submittals with the requirements 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. § 3,122.8 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. 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, unless Architect makes such revisions to the submittals. § 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 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 Init. AIA Document A201° —2007. Copyright @ 1911, 1915, 1918, 1925„ 1937, 1951, 1958, 1961, 1963, 1965, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. Alf rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized 17 reproduction or distribution of this A10 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 14:54:17 on 0910612016 under Order No.5812203597_1 which expires on 11!3012016, and is not for resale. User Notes: (1433367930) 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. § 3.15 CLEANING UP § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials from and about the Project. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and Owner shall be entitled to reimbursement from the Contractor. § 3.15 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 particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings. Specifications or other documents prepared by the Owner 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, defend 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, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. In the event of concurrent negligence of Contractor, its agents, employees or subcontractors, and that of the Owner or its contractors, which concurrent negligence results in injury or damage to persons or property and relates to the construction, alteration, repair addition to, subtraction from, improvement to or maintenance of the property, or the improvements to be constructed in accordance with this Contract, Contractor's obligation to indemnify Owner as set forth in this paragraph shall be limited to the extent of Contractor's negligence and that of its agents, employees, invitees, licensees or subcontractors, including Contractor's proportional share based upon each parties negligence of costs, attorney's fees and expenses incurred in connection with any claim action or proceeding brought with the respect to such injury or damage. § 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. The obligations of the Contractor under this paragraph 3.18 shall not extend to; The liability of the Architect, Owner, their agents or employees, arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, design or specifications; or the giving of or failure to give directions or instruction by the Architect, Owner, their agents or employees; and AIA Document A201 TM —2007. Copyright Q 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, '1963, 1966, 19717, 1976, 1987, 1997 and 2007 by The American Intt. Institute of Architects. All rights reserved. WARNING; This AIAO 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 14:54:17 on 09/0612016 under Order No.5812203597_1 which expires on 11/3012016. and is not for resale. User Notes: (1433357930) Any and all claims, damages, losses and expenses (including without limitations, attorney's fees) caused by or resulting from the installation, existence or removal of asbestos by or on behalf of an insured party; provided, however, nothing herein shall relieve Contractor of its obligation to correct defective or faulty work. 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. § 4.13 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. § 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. § 4.23 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 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. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Arch itcct to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. fnit AIA Document A201" —2007. Copyright @ 1911, 1915 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1937 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and international Treaties. Unauthorized 19 reproduction or distribution of this ANA* Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to f the maximum extent possible under the law. This document was produced by AIA software at 14:54:17 on 0910612016 under Larder No.5812203597_1 which expires on 11/30=16, and is not for resale. User Notes;. (1433357930) § 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. 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 quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5 and 3.12. The Architect's review 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 assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. § 4.2.90 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 intent of, and reasonably inferable from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions rendered in good faith. § 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the information 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 from a response, the Architect will issue a Construction Change Directive. ARTICLE 5 SUBCONTRACTORS § 5.1 DEFINITIONS § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include 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. AIA Document A201 TM —2007. Copyright @ 1911, 1915, 1918, 1929, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and international Treaties. Unauthorized 20 reproduction or distribution of this AIAe 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 14:54:17 on 0910612016 under Order No.5812203597_1 which expires on 1113012016, and is not for resale. User Notes: (1433357930) § 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 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 -day period shall constitute notice of no reasonable objection. The Contractor shall update this list throughout the Project and keep Owner and Architect advised of any new Subcontractors employed. § 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. § 5.2.31f 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 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. 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 1.4.2 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, AIA Document A201- —2007. Copyright Q 1911, 1915, 1918, 1925, 1937, 1961, 1958, 1961, 1963, 1966, 1970, 1975, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAa' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to 21 1 the maximum extent possible under the law. This document was produced by AIA software at 14:54:17 on 0910612016 under Order No.5812203597_1 which expires on 11/3012016, and is not for resale. User Notes. (1433357930) the Owner shail 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 OWN'ER'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. The Owner must comply with the safety and insurance requirements of Contractor as a precedent to exercising such right. § 6.1.1 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. § 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. 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 tinder the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. § 6.2 MUTUAL RESPONSIBILITY § 6.2.1 The Contractor shall afford the Owner 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 as required by the Contract Documents. § 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner 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 Owner may assess costs to Contractor that the Owner incurs that are payable to a separate contractor because of the Contractor's delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of 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 OW'NER'S RIGHT TO CLAN 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 clean up and the Architect will allocate the cost among those responsible. AIA Document A201TM — 2007. Copyright 01911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Inst. Institute of Architects. All rights reserved. WARNING: This AIA* Document Is protected by U.S. Copyright Law and Intemational 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 14:54:17 on 0910612016 under Order No.5812203597_1 which expires on 1113012016, and is not for resale. User Notes: (1433357930) ARTICLE 7 CHANGES IN THE WORK § 7.1 GENERAL § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Worm, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. §7111.1 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, Architect, and Contractor as to the method of determining payment, an order for a minor change in the Work may be issued by the Architect alone. § 7.13 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, as required by the Contract, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. § 7.2 CHANGE ORDERS § 7.2.1 A Change Order is a written instrument prepared by the Architect or Contractor 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. The Contractor shall not be required to proceed with any Construction Change Directive that effects the scope, cost, or duration of the work without an executed Change Order. § 7.3,2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.31f 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 lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices staged 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 arc 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 evaluate the scope of the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the AIA Document A201 TM — 2007. Copyright ®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1965, 1970, 1976, 1987, 1997 and 2007 by The American Init. institute of Architects. All rights reserved. WARNING: This AIA9 Document Is protected by U.S. Copyright Law and International Treaties, Unauthorised 23 reproduction or distribution of this AIAO Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to f the maximum extent possible under the law. This document was produced by AIA software at 14:54:17 on 09/0612016 under Order No.5812203597_1 which expires on 1113012015, and is not for resale. User Notes: (1433357930) method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.8 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 cost of performing the Construction Change Directive is not determined in advance of the work being performed, and if the Owner, Architect and Contractor all agree to approve performing such additional work as may be directed under the Construction Change Directive on a time and Material (T&M) basis, then the Architect and Owner shall approve a Change Order substantiated by invoices and statements for performing the work and an adjustment on the basis of reasonable expenditures and savings of 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 Architect may reasonably 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; .Z 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 Pending final determination of the total cost of Construction Change Directive to the Owner, amounts not in dispute for such changes in the Work shall be included in Application for Payment including, without limitation, a reasonable allowance for Contractor's General Conditions and fee, accompanies by a Change Order indicating the parties' agreement with part or all of such costs. For any portion of such cost that remains in dispute, the Architect will make an interim determination for purposes of monthly certification for payment for those costs. That determination of cost shall adjust the contract Sum on the same basis as a change Order. § 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. The Owner shall pay such amounts as certified by the Architect. § 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 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 DEFINITION'S § 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. Inti AIA Document A20110 —2007. Copyright 0)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 AIAe Document is protected by U.S. Copyright Law and IntemationaA Treaties. Unauthorized 24 reproduction or distribution of this AAA® 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 14:54:17 on OW0612016 under Order No.5812203597_1 which expires on 1113012016, and is not for resale. User Notes: (1433357930) § 8,1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 PROGRESS AND COMPLETION § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.3 DELAYS AND EXTENSIONS OF TIME § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner 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 Architect may determine. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 CONTRACT SUM The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.2 SCHEDULE OF VALUES Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit to the 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 farm 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. 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 which Contractor has a Subcontract or Purchase Order, 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. Inst. AIA Document A201^ —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.B. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to 25 the maximum extent possible under the law. This document was produced by AIA software at 14:54:17 on 9910612016 under Order No.5812203597_1 which expires on 1113012016, and is not for resale. User Notes: (1433357930) § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work, 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, that, to the best of the Architect's knowledge, information and belief, and in Architect's professional opinion, the Work has progressed to the point indicated and that the quality of the Work is in accordance with 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 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 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; Init AIA Document A201T — 2007. Copyright 1911, 1915, 1978, 1925, 1937, 1951, 1 358, 1961, 1953, 19fi5,1970, 1976, 1981, 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 26 reproduction or distribution of this AIA6 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 14:5417 on 0 91 06120 1 6 under Order No.5812203597_7 which expires on 1113012016, and is not for resale. User Notes: (1433357930) .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 and/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. § 9.5.31f the Architect withholds certification for payment under Section 9.5.1.3, based upon filing of any stop notice or mechanic's lien by Contractor's Subcontractors of any tier, the Owner may, upon fifteen (15) calendar days notice to Contractor allowing Contractor an opportunity to cure the matter, 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. § 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 from payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in a similar manner. § 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. if the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by law. § 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9,6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum,. payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.7 FAILURE OF PAYMENT If the 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 Init. AIA Document A201 TM — 2007. Copyright @ 1911, 1915. 1818, 1925, 1937, 1951, 1958, 1981, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This ACAs' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 27reproduction or distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to 11 the maximum extent possible under the law. This document was produced by AIA software at 14:54:17 on 09!0812016 under Order No.5812203597_1 which expires an 11!30!2016, and is not for resale. Uset Notes: (1433357930) 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 notify the Architect to prepare a comprehensive punchlist 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; however, after such punchlist is prepared and transmitted to Contractor, any other item will be deemed Warranty. § 9.8.3 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, 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. § 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 portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. AIA Document A201 TM —2007. Copyright Q 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1968, 1974, 1978, 1987, 1997 and 2047 by The American Inst. Institute of Architects. All rights reserved. WARNING: This AIA's Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 28 reproduction or distribution of this AIAe 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 14:54:17 on 09/0612016 under Order No -58122035971 which expires on 11{3012016, and is not for resale. User Notes: (1433357938) § 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, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien. including all costs and reasonable attorneys' fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the 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 retainagc 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 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 T'he making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract. Documents. § 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 lass 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 Inft. AIA Document A201"' —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 AIAe 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 14:54:17 on 0910612016 under Order No -58122035971 which expires on 1113012016. and is not for resale.. User Notes: ( 143335793{7 ) .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. § 10.3.5 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. § 10.2.0 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. § 1027 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 INJURY OR DAMAGE TO PERSON OR PROPERTY If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, 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 biphcnyl (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 Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor 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 AIA Document A201"' —2007. Copyright 01911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1967, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING,: This AIAe Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized 30 reproduction or distribution of this AJA's Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to 1 the maximum extent possible under the law. This document was produced by AiA software at 14:54:17 on 0910612,016 under Order No.5812203597_1 which expires on 1113012016, and is not for resale. User Notes: (1433357930) extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut -down, delay and startup, § 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. § 10.4 EMERGENCIES In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. ARTICLE 11 INSURANCE AND BONDS § 11.1 CONTRACTOR'S LIABILITY INSURANCE § 11,1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set 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 completed operations; and .8 Claims involving contractual liability insurance applicable to the Contractor's obligations under Section 3.18. § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption from the date of commencement of the Init. AIA Document A201" — 2007. Copyright 01911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 197©, 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. Unatithorixed 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 y the maximum extent possible under the law. This document was produced byAJA software at 14:54:17 on 0910612016 under Order No.5812203597 1 which expires on 1113012016, and is not for resale. User Notes: (1433357530) 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 1.10.2 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, 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 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 1n transit, AIA Document A201 m —2001. Copyright 01911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1976, 1976, 1987, 1997 and 2007 by The American tnit, Institute of Architects. All rights reserved. WARNING: This AIAe 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 extant possible under the law. This document was produced byAlA software at 14:54:17 on 09106/2016 under Order No.5812203597_1 which expires on 1113012016, and is not for resale. User Notes: (1433357930) § 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. § 11.3.2 BOILER AND MACHINERY INSURANCE The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, 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 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 PARAGRAPH DELETED § 11.3.8 A loss insured under the Owner's property insurance shall be adjusted by the Owner and made payable to the Owner, 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 PARAGRAPH DELETED § 11,310 PARAGRAPH DELETED § 11.4 PERFORMANCE BOND AND PAYMENT BOND § 11.4.1 The Contractor shall furnish to Owner bonds covering faithful performance of the Contract and payment of obligations arising thereunder pursuant to Idaho Code Section 54-1926 and shall pay Contractor all such costs for such bonds. Contractor shall have the right to require Subcontractors to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder. Subcontractor bond costs shall be reimbursable provided that Contractor obtains prior written consent from the Owner for each Subcontractor bond and the total cost of Subcontractor bonds do not exceed twenty-five (25%) of the Cost of the Work. AIA Document A201TM —2007. Copyright 01911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1988, 1970, 1975, 1987, 1997 and 2047 by The American fnit. Institute of Architects. All rights reserved. WARNING: This AIA11 Document is protected by U.S. Copyright Law and International Treatises. Unauthorized 33 reproduction or distribution of this AIAe 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 14:54:17 on 0910612016 under order No.5812203597_1 which expires on 11130!2016, and is not for resale. User Notes: (1433357930) § 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 written 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 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 startup 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 Domer 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. Inst AIA Document A2011 —2007. Copyright O 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 34 reproduction or distribution of thls 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 14:54:17 on 0910612016 under Order No.5812203597_1 which expires on 11130/2016, and is not for resale. UserNotes: (1433357930) § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. § 12.3 ACCEPTANCE OF NONCONFORMING WORD If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 GOVERNING LAW The Contract shall be governed by the law of the State of Idaho. § 13,2 SUCCESSORS AND ASSIGNS § 13.2.1 The Omer 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 if delivered in person to the individual, to a member of the firm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or sent by registered or certified mail or by courier service providing proof of delivery to, the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES § 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwi--imposed or available by I aw. § 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, and shall bear all related costs of tests, inspections and approvals. 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 bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor. § 13.5.2 If the 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 1nlL AIA Document A201r —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* uocument is protected by U.S. Copyright Law and International Treaties. Unauthorized �� reproduction or distribution of this AIAa 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 14:54:17 on 09/0612016 under Order No.5812203597_1 which expires on 1113012016, and is not for resale. User Notes: (1433357930) 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. § 13.5.5 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.5 INTEREST Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate identified in Section 4.2.2 of AIA Document A133-2009, as amended for this Project. § 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 laws of the State of Idaho, but in any case not more than 10 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 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 .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, including reasonable overhead and profit, and costs incurred by reason of such termination.. AIA Document A201 TM — 2007. Copyright 01911, 1915, 1918, 1925, 1937, 1951, 1958, 1961. 1963,1966,1970r 1976, 1987, 1997 and 2007 by The American irttt 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 AIAe' 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 14:54:17 on 0910612016 under Order No.5812203597_1 which expires on 11/30/2016, and is not for resale. User Notes. (1433357930) § 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. § 14.2 TERININATION 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, shall be certified by the Initial Decision Maker, upon application, 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 was 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 I he 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 Init. AIA Document A201' —2007. Gopoght @ 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 AIAO Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to f the maximum extent possible under the law. This document was produced by AIA software at 14:54:17 on 09/0612016 under Order No.5812203597_1 which expires on i 1!3012016, and is not for resale. User Notes: (1433357930) .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. 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 and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 15.1.3 CONTINUING CONTRACT PERFORMANCE Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker. § 15.1.4 CLAIMS FOR ADDITIONAL COST If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 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 11.3.16, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Recision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 15,2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the AIA Document A201 TO —2007. Copyright * 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Snit. Institute of Architects. All rights reserved. YilARNING: This AIAe Document is protected by U.S. copyright Law and International Treaties. Unauthorized 38 reproduction ordistribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to f the maximum extent possible under the law. This document was produced by AIA software at 14:54:17 on 0910612016 under Order No.5812203597_1 which expires on 11130/2016, and is not for resale. User Notes: (1433357930) Initial Decision Maker's sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner's expense. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of such request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2,5 The Initial Decision Maker wi II 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, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution. § 15.2.8 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 th3cir 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. § 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 m — 2007. Copyright 01911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1967, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This A10 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 3g reproduction or distribution of this AW Document, or any portion of It, may result to 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 14:54:17 on 09/0812016 under order N0.581 2203597 1 which expires on 1113012016, and is not for resale. User Notes: (1433357930) Additions and Deletions Report for AIA'5 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 14:54:17 on 0910612016. PAGES Reta Hvskev Park (Bellano Development) Ten Mile and Ustick Roads Meridian, ID (Name, legal states and address) City of Meridian 33 East Broadway Avenue Meridian, ID 83642 Jensen Belts Associates 495 Main Street Boise. ID 83702 PAGE 2 8.3.1, 11.110, 19. 1,15.9.2,15." 13.1 9.7, 11.3.9, 11.3.10, 13.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 14 4-1 PAGE 3 3.2.4,6.1.1,6.3,7.3.9,9.3.3,9.10.4,10.3.3, 4.5 PRiMr RM 35 4 i Qaiw*—for Additional Cost 1 e.;� 0-� 4 15"4r15.3.1 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, 1 c. 15.2.8 Additions and Deletions Report for AIA Document A201 m —2007. Copyright 01911, 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's Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe 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 14:54:17 on 0910612016 under Order No.5812203597_1 which expires on 1113012016, and is not for resale. User Notes: (1433357930) 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, 113.1, 13.2, 13.4.2,5 4.4 13.4.2 IS 44 PAGE 5 4.2.11, 4.2.12, 15.1.4 judgmem en Final AwaM 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, +5-415.2.8 12.2.5. 13.'. r, 15, .113.7 PAGE 6 8.3.1, 10,3.5, 10.3.6, 15.2.1, 15.2.5, 15.2.6, „4.415.3 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, i&2.8' i 215.2.8 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, 1-3-2.9, IS 4-415.2.8 3.7.4, 10.2.8, "?,;'.15.1.2 2.2.2, 9.6.6, 9.8, 11.3.1.5 Order of Precedence 1.7 9.6.6, 99, 11.3.1.5 Parties Relations 1.1.9 PAGE 7 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, 15,18, 8; 4-5:415.2.8 Additions and Deletions Report for AIA Document A201TM —2007. Copyright* 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1956, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAO Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 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 14:54:17 on 09106!2016 under Order No.5812203597_1 which expires on 1113012016, and is not for resale. User Notes:. (1433357930) 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, -14 414 13.7, 15:4-1413.7 PAGE 8 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, 15.1.2 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 PAGE 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, 44--4-5-"L4 PACE 10 8 1.1.9 PARTIES RELATIONS Owner. Architect and Contractor agree to proceed with the Work on the basis of mutual trust, good faith and fair deal ine. § 1,2.1 The intent A- fthe .•e ......,,.. r,.....lm-eF. i^'^ Contract Documents shall 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. PAGE 11 § 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. § 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 appFeN 9-2pproval, ageement, 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. Additions and Deletions Report for AIA Document A201"' —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 AIAe Document is protected by U.S. Copyright Law and 3 International Treaties. Unauthorized reproduction or distribution of this AIAO 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 14:54:17 on 0910612016 under order No.5812203597_1 which expires an 11/3012016, and is not for resale. User Notes: (1433357930) § 2.1.2 The Owner shall furnish to the Contractor within fifteen 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 12 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. "r 44f payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. PAGE 13 § 3.2.4 If the Contractor believes that additional cast 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 Seetiens3.2.2 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. § 3.3,1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attcntion. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating a]! 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 mann a and coordinate all Subcontractors and others en a ed in the performance of the Work. PAGE 14 § 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, Additions and Deletions Report for AIR Document A201TM =2047. Copyright C 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1907, 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 AIAB Document, or any portion of it, may result in severe civil and criminal penarties, and will be prosecuted to the maximum extent possible under the law, This document was produced by AIA software at 14:54.17 on 09f06f2016 under Order No.5812203597_1 which expires on 1 V30/2016, and is not for resale. User Notes: (1433357930) except for those inherent in the quality of the Work the Contract Documents require or permit.. The Contractor further wan -ants 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, defective d Lign,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. -t-h-e-Unless otherwise agreed, the Contractor shall pay sales, consumer, use and similar taxes for the Work 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. § 3.7.3 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. unless after having notified the Architect or Owner pursuant to Article 3.2, and either the Architect or Owner order or direct the Contractor to complete said Work. § 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 that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the A. ellkees ,.efi ma ,.pAdisiA .. Architect. 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 knowingly 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. PAGE 15 § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Peeumpmk Documents or as approved by the Owner. 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. Allowances shall cover skoand all Feel OE1 ta*, less rpl ^n6ie tfade d ... ;all cost to the Contractor including but not limited Additions and Deletions Report for AIA Document A201'm —2007. Copyright 01911, 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 AIM Document is protected by U.S, Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe 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 14:54:17 on 09106/2016 under Girder No.5812203597_1 which expires on 11130121116, and is not for resale. User Notes: (1433357930) to 2urchasing materials transportation, expediting, unloadin storing, installation bonds taxes insurance, and any other expenses except Contractor's General Conditions, fee and general liability insurance, .2 Contractor's , leases- General Conditions, fee and general liability insurance contemplated for stated allowance amounts shall be included in the Contract Sum wand not in the allowances; and § 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 16 3.10.1.1 The Construction Manager shall assign a professional proiect scheduler possessing building and site design and construction ex erience. 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 desigu activitiespermits and all other activities re uired to be completed before construction activities can begin and a preliminary construction schedule. The CPM proiect schedules shall be developed using Microsoft Project's latest version or Primavera SureTrak Proiect Manager's latest version. § 3.11.1 The Construction Manager shall maintain complete and accurate records. including (a) correspondence. b meetin notes and minutes c shop drawings and submittals d Construction Documents including change orders a clarifications and inter retations of the Construction Documents issued by the Project Architect progress reports including observations of testing performed, as -built drawin s. and h all other Pro`ect-related documents including but not limited to those utilizingtie project management software. § 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. ReNi ..•• by the A fehiteet is subjeet t he i:-. hilt..._ a fSeetien 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. PAGE 17 § 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 r„ Feviewed PAd ,.....roved them, •" dia4ermined and within normal construction industry standards 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 e-Ahe War]; An ^f the Contract Documents. § 3.12.6 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 "' the A rehiteet hasi„en • Tioen a al ie the sei fi Additions and Deletions Report for AIA Document A2011" —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 14:54:17 on 0910612016 under Order No.5812203597_1 which expires on 1113012016, and is not for resale. User Notes: (1433357930) submittal. 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 tleree&thereof, unless Architect makes such revisions to the submittals. § 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 sea] 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 eniy for the limiied pafpase 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. PAGE 18 § 3.18.1 To the fullest extent permitted by law the Contractor shall irni-f)-indemnify, defend 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, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. In the event of concurrent negligence of Contractor, its agents, employees or subcontractors, and that of the Owner or its contractors, which concurrent negligencc results in injury or damage to persons or property and relates to the construction, alteration, repair addition to, subtraction from, improvement to or maintenance of the property, or the improvements to be constructed in accordance with this Contract Contractor's obligation -to indemnify Owner as set forth in this paragraph shall be limited to the extent of Contractor's negligence and that of its agents, employees, invitees 'licensees or subcontractors includine Contractor's proportional share based upon each parties negligence of costs, attorney's fees and expenses incurred in connection with any claim action or proceeding brought with the respect to such injury or damage. § 3.18.2 In claims against any person or entity indemnified under this Section 3.19 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. The obligations of the Contractor under this paragraph 3.18 shall not extend to; Additions and Deletions Report for AIA Document A201 w —2007. Copyright O 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1953, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. Ali rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and 7 International Treaties. Unauthorized reproduction or distribution of this AIA'a 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 14:54:17 on 09/0612016 under Order No.5812203597_1 which expires on 1113012016, and is not for resale. User Notes: (1433357930) The liability of the Architect. Owner, their agents or employees, arising_out of the preparation or approval of maps. drawings, opinions, re arts, surye s -Chanize Orders desi or specifications or ftjzjving of or failure to give directions or instruction by the Architect, Owner, their agents or employees, and --Any and all claims damages. losses and expenses(including without limitations attorney's fees caused b or resulting_from the installation, existence or removal of asbestos by or oat behalf of an insuredap rty; provided, however; nothing herein shall relieve Contractor of its obligation to correct defective or faulty work. PAGE 19 matters afisi g eo! efef r -elating to the C-e•-'-��'. communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall he through the Contractor. Communications by and with separate contractors shall be through the Owner. § 4.2.6 The Architect has authority to and shall reiect 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. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 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 b for eenfar-mane I id the design eeneept expressed in the Gen"e! Popumms- Samples. 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 dimensiens and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5 and 3.12. The Architect's review 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. PAGE 20 § 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the insms information expressed in the Contract Documents. § 4.2.14 Me 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 Chanee Directive. PAGE 21 § 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 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to any such proposed person or Additions and Deletions Report for AIA Document A2011' —2007. Copyright 01911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1974, 1976, 1987, 1997 and 2407 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 wil! be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:54:17 on 0910612016 under Order No.5812203597_1 which expires on 11/3012016. and is not for resale. User Notes: (1433357930) entity or (2) that the Architect requires additional time for review. Failure of the Owner or Architect to reply within the 14 -day period shall constitute notice of no reasonable objection. The Contractor shall update this list throughout the Project and keep ONvner and Architect advised of any new Subcontractors emploved. 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 r -i "t.., an Sha i1 A]IA... t., the 8; u been tf a etef "less s eeiti "l,. (2rM*AP.tAf-- -thAt the - -- --- - the - - - PRP— -- - has against -- - -- : rights. 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. PAGE 22 § 5.1.1 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. The Owner must comply with the safety and insurance requirements of Contractor as a precedent to exercising such ra gh t. § 6.2,3 The GentfaeteF Aall m -h- ,_ne the, "••Te-- f r- ea-sts Winer may assess costs to Contractor that the Owner incurs that are payable to a separate contractor because of the Contractor's delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a separate contractor's delays, improperly timed activities, damage to the Work or defective construction. PAGE 23 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—char e in n 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 Ovines and - _ehiteet avid _ ef may of be . sea t.. by :h t-2~•-- Owner. Architect. and Contractor as to the method of determining payment, an order for a minor change in the Work may be issued by the Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, as required by the Contract, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. Additions and Deletions Report for AIA Document A241TM —2007. Copyright C 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's Document is protected by U.S. Copyright Law and 9 International Treaties. Unauthorized reproduction or distribution of this AIAe 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 14:54:17 on 0910612016 under Order No -5812203597_1 which expires on 11130/2016, and is not for resale. User Notes: (1433357930) § 7.2.1 A Change Order is a written instrument prepared by the Architect or Contractor and signed by the Owner, Contractor and Architect stating their agreement upon all of the following: § 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. The Contractor shall not be required to proceed with any Construction Change Directive that effects the scope, cost, or duration of the work without an executed Change Order. § 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly preeeed-wh evaluate the scone of 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. PAGE 24 § 7.3.7 If the C--A-I#VA—A-4A-f: dA-ee. fiat respond PFOMP!ly or disagree; wish the wet ed feF adjusliffient in the Gentr Sam aL.a A..ehis.-F4 As .7..F...-.. fline the .._eihad and the cost of performing the Construction Change Directive isnot determined in advance of the -work being performed, and if the Owner, Architect and Contractor all agree to approve Perfortning such additional work as may be directed under the Construction Change Directive on a time and Material (T&M) basis, then the Architect and Owner shall approve a Change Order substantiated by invoices and statements for Performing the work and an adjustment on the basis of reasonable expenditures and savings of these 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, 7.3.3.3. The Contractor shall keep and present, in such form as the Architect may reasonably 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: § 7.3.8 hitig r-edEm t basisFn ef ifterease,if a>; :th Fe9peet tethat ehange"Pending final determination of the total cost of a Construction Chan ge Directive to the Owner amounts not in dispute for such char ges in the Work shall be included in Ap2lication for Payment including, without limitation a reasonable allowance for Contractor's General Conditions and fee, accompanies by a Change Order indicating the parties' agreement with Part or all of such costs. For anv portion of such cost that remains in dispute, the Architect will make an interim determination for purposes of monthly certification for Davment for those costs. That determination of cost shall adiust the contract Sum on the same basis as a change Order. § 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. The Owner shall .Lay such amounts as certified by the Architect. Additions and Deletions Report for 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 Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and �� international Treaties. Unauthorized reproductlpn or distribution of this AIAO 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 Yaw. This document was produced by AIA software at 14:54:17 on 0910612016 under Order No.5812203597 1 which expires on 1113012016, and is not for resale. User Notes: (1433357930) 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 istms Af 4he Contract Documents. Such changes will be effected by written order signed by the Architect and shall be binding on the Owner and Contractor. PAGE 25 § 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,4Yea^, r a^° as ,• �a Sem#iep 0.2. r .,.,.... pleted ...ei4ieas 9. tho WeFk-. values. Such application shall be notarized, ifrequired, 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 which Contractor has a Subcontract or Purchase Order, and shall reflect retainage if provided for in the Contract Documents. PAGE 26 § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the WeFk-W rk, and conditional and unconditional lien releases shall be furnished with each Application for Payment. § 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 best of the Architect's knowledge, information and belief, and in Architect's professional opinion, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Deeent-,.-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, (Z) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. PAGE 27 7 repeated and/or substantial failure to carry out the Work in accordance with the Contract Documents. § 9.5.3 If the Architect withholds certification for payment under Section 9.5.1.3, , based upon fiIing of any stop notice or mechanic's lien by Contractor's Subcontractors of any tier, the Owner may, upon fifteen (15) calendar days notice to Contractor allowing Contractor an opportunity to cure the matter, 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. Additions and Deletions Report for AIA Document A201 TM 2007. Copyright 01911. 1915, 1918, 1925, 1937, 1951, 1958, 1981, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe 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 14:54:17 on 0910612016 under Order No.5812203597_1 which expires on 1113012016, and is not for resale. User Notes: (1433357930) § 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 "aylnents to a Contractor. 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 (301days 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. PAGE 28 § 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 prep ._e and sttbff*k4e-_notify the Architect to prepare a comprehensive 4-A-DunchIist of items to be completed or corrected prior to final payment. Failure to include an item on such list does not atter the responsibility of the Contractor to complete all Work in accordance with the Contract DeeUmenDocuments, however, after such gunchlist is prepared and transmitted to Contractor.-any other item will be deemed Warrantv. § 9,8.3 ' 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, whethef of Fi"` ineluded en the r-,,.,...,..,F,._'9 '.,,+, 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, PAGE 33 § 11.3.T 'Fhe Owner- and Contraefor- waive all rights against (1) eseh otheil, and an), of their- , y, , , agents and employees, for da-m-ges eaused by fire or- other eauses of loss to the extent eevered by propei-ty such rights as they tinve to proeeeds ofsueh insuranee held by the Owner- its fidueiary. The Owner- ff r dpiwrAhc-d 611 Ardele 6, if any, , mah la-he , agreements, agents and employees at any-of them, by appr-iipt-islie validity, other-Arise, A vvaivelF Of SHbr-OgfitiON Shall be effeetive as to a per-sea or eatity even though that per-son et: entit) would other-wise have a dwty of indemn ifleadea, eantr-setual or other-wise, d id oat pay the insurane. domaged.PARAGRAPH DELETED § 11,3,8 A loss insured under the Owner's property insurance shall be adjusted by the Owner as gdkieiafy and FRR_F­IR_ and made Rgvable to the Owner, 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, Additions and Deletions Report for AIA Document A201 m —2007. Copyright C 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1978. 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAO Document is ,protected by U.S. Copyright Law and �� International Treaties. Unauthorized reproduction or distribution of this AIAe 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 14:54:17 on 09/06/2016 under Order No.5812203597_1 which expires on 1113012016, and is not for resale. User Notes. (1433357930) written where legally required for validity, shall require Subcontractors to make payments to their Sub -subcontractors in similar mariner. § 11.3.9 rrf as : %4:itifig r ,, .,Ay : .,«o esll PARAGRAPH DELETED § 11.3.10 mc -41; ed- A- f bin ding dispute Fesel atien. the Ownei, as fidueiary A ail Make S@411 F -M lafqs v4h in sofeifs ef. in th e ease 4 a PARAGRAPH DELETED § 11.4.1 The Contractor shall furnish to Owner bonds covering faithful performance of the Contract and payment of obligations arising thereunder pursuant to Idaho Code Section 54-1926 and shall My Contractor all such costs for such bonds. Contractor shall have the right to require t�-�rSubcontractors to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder. Subcontractor bond costs shall be reimbursable provided that Contractor obtains prior written consent from the Owner for each Subcontractor bond and the total cost of Subcontractor bonds do not exceed tweet -five 25% of the Cost of the Work. PAGE 34 § 12.1.1 If a portion of the Work is covered contrary to the Architect's written 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. 12.2.1.1 In accordance with the Droiect Architect. the Construction Manaeer shall develop and implement procedures for orderly completion of punch list items. checkout of utilities. operational systems and equipment and initial startuR and testing. Preparation and delivery to the Owner of warranties. as built drawings, maintenance manuals. and the like, and ggnerally administer closeout of the Project. The Construction Manager shall facilitate performance of all warranty ob] i gat ions. resolution of all claims, and ot h er post -con str uct i on requirements. § 12.2.2.1 In addition to the Contractor's obligations under Section 3.5, if, within on @ ytwo )ears after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-yeata•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 Additions and Deletions Report for AIA Document A201T" — 2007. Copyright 0 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1967, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAO 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 AlA software at 14:54:17 on 09/0612016 under order No.5812203597_1 which expires on 1113012016, and is not for resale. User Notes: (1433357930) 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 este feat=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. PAGE 35 The Contract shall be governed by the law of the pleee . he e the ° of is laeated eikeept that, if the pit: ines haN R-9-4@d- A-r1w1fA-tiA-M A--- Fnethed ef binding dispute Fese!Hties, the Federal -4-e! ShRil ffVeffi SOPtiffli 4-5-4-State of Idaho. PAGE 36 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate tt�laee .. hefe the D :� .:..'-R. Fatea.identified in Section 4.2.2 of AIA Document A133-2049 as amended for this Proiect. 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 laws of the State of Idaho. but in any case not more than 10 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. .3 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, including reasonable overhead and profit, and costs incurred by reason of such ierminatien, and damages. termination.. PAGE 37 .1 fepeatedly refuses or fails to supply enough properly skilled workers or proper materials; �p�disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or 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 2047 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 Alk- 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 AIR software at 14:54:17 on 09106/2016 under Order No.5812203597_1 which expires on 11130/2016, and is not for resale. User Notes: (1433357930) I that performancei-,, was Aff 1-1d have hem se -suspended, delayed or interrupted by another cause for which the Contractor is responsible, or PAGE 38 § 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 shm `'�_, -e` �a.termination. r!trs�!esrnrr PAGE 39 § 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 4 eir-th3eir rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract except those waived as provided for in Sections 9.10.4, 9.10.5, sad, s , .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.- an &Fbitration is stayed pwsu - - to this Seeii n - S.;.2, the , — -- Additions and Deletions Report for AIA Document A201rII` —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 AiAe Document is ,protected by U.S. Copyright Law and 1� International Treaties. Unauthorized reproduction or distribution of this AIAe 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 taw. This document was produced by AIA software at 14:54:17 on 0910612016 under Order No.5612203597_1 which expires on 1 113 012 01 6, and is not for resale. User Notes: (1433357930) KIN Additions and Deletions Report for AIA Document A201rII` —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 AiAe Document is ,protected by U.S. Copyright Law and 1� International Treaties. Unauthorized reproduction or distribution of this AIAe 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 taw. This document was produced by AIA software at 14:54:17 on 0910612016 under Order No.5612203597_1 which expires on 1 113 012 01 6, and is not for resale. User Notes: (1433357930) Additions and Deletions Report for AIA Document A201w —2407. Copyright 01911, 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 AIAO Document is protected by U.S. Copyright Law and �� Intemational Treaties. Unauthorized reproduction or distribution of this AIAg 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 14:54:17 on 09f0612016 under Order No.5812203597_1 which expires on 1 V3012016, and is not for resale. User Nates: {1433357934} eTRAKiT Home I Setup an Account I Log In Licens jYLOUsername Password LOGIN ❑ REMEMBER ME Forgot Password Permits Search Permit Pay Fees Licenses Search Trade Licenses Search Public Works Inspections Schedule Cancel Elevators Search Elevators Violations Search Shopping Cart Pay All Fees Paid Items Contact Contact us Page 1 of 1 Public Works Search O Search Again Download Results Printable View Company Name License Number Work Categorylsl License Type License Class Status Applicant Name Owner Nan Neil W Nelson PWC -CM -15418 CONST MGR ACTIVE Nell W. Nelson First Prev Page. 1 of 1 Next Last Details - License Number: PWC -CM -15418 Lic Info Registration #: PWC -CM -15418 Issue: 12/31/2015 Expire: 12/31/2016 Type: PUBLIC WORKS Sub -Type: CONST MGR Status: ACTIVE Company: Neil W. Nelson Phone: (208)3623040 Cell: Pager: Fax: (208)947-5803 Owner Name: The Division of Building Safety, makes every effort to produce and publish the most current and accurate infonnat on possib;e No warranties, expressed or impl ed are provided for the data herein, its use, or its interpretaton Ufikzatron of this webs to ndicates understanding and acceptance of this statement 1-800.9553044, 1090 E Watertower St, Suite 150 Meridian ID 83842 HOME I CONTACT 1.1+r.n-IA-11� Al— iA�Iin Pnhlir-WnrkeQPnrf-hRcltc acnx 7f/1/9016 IDSOS Viewing Business Entity Page I of 2 a" 4to IDAHO SECRETARY OF STATE Viewing Business Entity Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for ENGINEERED STRUCTURES, INC. ] [ Monitor ENGINEERED STRUCTURES, INC. business filings ] ENGINEERED STRUCTURES, INC. 3330 E LOUISE DR STE 300 MERIDIAN, ID 83642 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING 17 Dec 1992 State of Origin: IDAHO Date of 17 Dec 1992 Origination/Authorization: Current Registered Agent: THOMAS D HILL 3330 E LOUISE DR STE 300 MERIDIAN, ID 83642 Organizational ID / Filing C100423 Number: Number of Authorized Stock 10000 Shares: Date of Last Annual Report: 14 Oct 2015 Annual Report Due: Dec 2016 Original Filing: Filed 17 Dec 1992 INCORPORATION Amendments: Amendment Filed 28 May NAME CHANGED 1993 TO ENGINEERED STRUCTURES, INC. Annual Reports: Report for year 2015 ANNUAL REPORT [ Help Me Print View TIFF ] View Image [PDF format_ View Image (TIFF for [ Help Me Print/View TIFF ] View Image (PDF format] View Image (TIFF format) [ Help Me Print/View TIFF ] View Document Online Report for year 2014 ANNUAL REPORT View Document Online Report for year 2013 ANNUAL REPORT View Document Online Report for year 2012 ANNUAL REPORT View Document Online Report for year 2011 CHNG View Image (PDF format) View OFF/DIR Image (TIFF format) Report for year 2011 CHANGE View Image (PDF format)_ View ADDRESS Image (TIFF format) I%r+„V•1/1—mly nnn=00;14�11,, .,rn1,,,,1,1;�1c�clrnrn�rl nna� 2 11tM1 901 /9016 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith - Unposted Transactions Included In Report 5200 - Parks - Admin 07 - Impact Fund From 10/1/2015 Through 9/30/2016 Date: 9/21/16 04:12:05 PM Page: 1 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining Capital Outlay 96928 Reta Huskey Park 0000 NON -DEPARTMENTAL 0.00 42.12 (42.12) 0.00% 10518 Reta Huskey Park 59,401.96 15.12 59,386.84 99.97% 10518.a Reta Huskey Park Design 51,862.00 51,862.00 0.00 0.00% Total Capital Outlay 111,263.96 51,919.24 59,344.72 53.34% TOTAL EXPENDITURES 111,263.96 51,919.24 59,344.72 53.34% Date: 9/21/16 04:12:05 PM Page: 1 Meridian City Council Meeting U F- DATE: September 27, 2016 ITEM NUMBER: ,65 PROJECT NUMBER: ITEM TITLE: Acceptance Agreement Acceptance Agreement - Main Street & Fairview Avenue Artwork: "Natives" MEETING NOTES M ovej -FV Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ACCEPTANCE AGREEMENT MAIN STREET & FAIRVIEW AVENUE ARTWORK: "NATIVES" This ACCEPTANCE AGREEMENT is made this day of September, 2016 (`Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and C.J. Rench, on behalf of CJRDesign, an assumed business name registered with the State of Oregon ("Artist"). WHEREAS, on or about September 26, 2016, at the southeast corner of Main Street and Fairview Avenue, in Meridian, Idaho ("Site"), Artist installed at entitled "Natives," consisting of three (3) sculptures ("Artwork"); WHEREAS, on June 28, 2016, City and Artist entered into a Professional Services Agreement for Fabrication and Installation of Main Street And Fairview Avenue Artwork ("June 28, 2016 Agreement") that includes, in Section II.C.3, a requirement that the parties enter into a mutually agreed-upon acceptance agreement as a condition of the City's Final Acceptance of the artwork. designed, created, and installed by Artist pursuant to the June 28, 2016 Agreement; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby, and in the June 28, 2016 Agreement, acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. INDEMNIFICATION. Artist hereby indemnifies and saves and holds harmless City and its respective employees, elected officials, agents, guests, and/or business invitees, from any and all liabilities, losses, claims, actions, and/or judgments for damages, expenses, and/or injury to any person or property caused or incurred by or as the result of the performance of or failure to perform any work or service under or related to the June 28, 2016 Agreement. Artist specifically hereby indemnifies and saves and holds harmless City and its respective employees, elected officials, agents, guests, and/or business invitees, from any and all liabilities, losses, claims, actions, judgments for damages, expenses, or injury to any person or to property arising as a result of: A. Artist's failure, or the failure of any agent, employee, or subcontractor of Artist to exercise reasonable care, skill or diligence in the performance of any work or service under or related to the June 28, 2016 Agreement and any and all addenda thereto; B. Any breach of any representation, warranty or covenant made by Artist, or by any of Artist's agent(s), employee(s), or subcontractor(s); C. Artist's infringement of or upon airy intellectual property rights, whether intentional or unintentional, known or unknown, including any copyright or patent arising out of the reproduction or use in any mariner of any plans, designs, drawings, specifications, information, material, sketches, notes or documents created by Artist in the performance of any work or service under the June 28, 2016 Agreement and any and all addenda thereto; and/or ACCEPTANCE AGREEMENT OUT ON THE TOWN PAGE 1 of 2 D. The malfunction, breakage, or failure of the artwork, or any portion or component thereof, created and installed under the June 28, 2016 Agreement and any and all addenda thereto. II. WAIVER. Artist hereby waives and releases, on behalf of himself, his employees, agents, hens, executors, administrators, assigns, and/or personal representatives, any and all claims and/or rights for damages he now has or may hereafter have against the City of Meridian and/or its employees, elected officials, agents, guests, and/or business invitees, suffered in connection with or arising out of the performance of any work or service under or related to the June 28, 2016 Agreement. Except as otherwise expressly delineated in the June 28, 2016 Agreement, Artist hereby waives any and all right, title, or interest in the Artwork and/or all items created under, assembled pursuant to, and/or otherwise related to the June 28, 2016 Agreement and any and all addenda thereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of September, 2016. ARTIST: a6.J.ch, C esign CITY OF MERIDIAN: MIX Tanury de Weerd, Mayor Attest: C.Jay Coles, City Clerk ACCEPTANCE AG1irrM1--Nr NATIVES PACir 2 of 2 Meridian City Council Meeting DATE: September 27, 2016 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Collaboration Agreement Collaboration Agreement for the new Housing and Urban Development (HUD) Assessment of Fair Housing (AFH) MEETING NOTES u APPROIED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ASSESSMENT OF FAIR HOUSING COLLABORATION AGREEMENT PROGRAM YEARS 2021-2025 AMONG CITY OF BOISE, CITY OF MERIDIAN, CITY OF CALDWELL, CITY OF NAMPA, AND NAMPA HOUSING AUTHORITY THIS AGREEMENT, entered on the date executed below, by and among the CITY OF BOISE, a municipal corporation of the State of Idaho, the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, the CITY OF CALDWELL, a municipal corporation of the State of Idaho, the CITY OF NAMPA, a municipal corporation of the State of Idaho, and the NAMPA HOUSING AUTHORITY (herein called "NHA"), an Idaho public housing authority. RECITALS WHEREAS, the CITY OF BOISE, CITY OF MERIDIAN, CITY OF CALDWELL, CITY OF NAMPA, and NHA (collectively, "Program Participants") each accept annual federal funding from the United States Department of Housing and Urban Development (HUD); WHEREAS, Program Participants are subject to federal regulations promulgated by HUD, including the obligation to affirmatively further fair housing to submit a regional Analysis of Fair Housing (AFH), regional Analysis of Fair Housing Plan (AFHP), and Consolidated Plan every five years; WHEREAS, the CITY OF BOISE, is a Consolidated Plan Program Participant with a program year start date of October and Boise's next 5 -year Consolidated Plan Cycle will begin in October 1, 2016; WHEREAS, the CITY OF MERIDIAN, is a Consolidated Plan Program Participant with a program year start date of October and Meridian's next 5 -year Consolidated Plan Cycle will begin in October 1, 2017; WHEREAS, the CITY OF CALDWELL, is a Consolidated Plan Program Participant with a program year start date of October and Caldwell's next 5 -year Consolidated Plan Cycle will begin in October 1, 2016; WHEREAS, the CITY OF NAMPA, is a Consolidated Plan Program Participant with a program year start date of October and Nampa's next 5 -year Consolidated Plan Cycle will begin in October 1, 2017; WHEREAS, the NHA, is a public housing authority (PHA) with a fiscal year beginning date of October I and NHA's next 5 -year plan will begin in 2020; AFH COLLABORATION AGREEMENT - 2 WHEREAS, the Program Participants intend to continue submission of individualized 5- year Consolidated Plans as well as Annual Plans; and WHEREAS, the Program Participants wish to collaborate to submit an AFH and AFHP that will have Program Participant specific barriers, strategies, and plans for implementation. Each Program Participant will address these barriers, strategies, and plans in the regional AFHP as well as individualized Consolidated Plan process for the 2021-2025 Program Year Cycle. AGREEMENT NOW, THEREFORE, the following is agreed between the parties: 1. LEAD ENTITY The City of Boise will serve as the lead entity and will be responsible for submitting the regional AFH and AFHP on behalf of other Program Participants. 2. PROGRAM YEAR/FISCAL YEAR ALIGNMENT Program Participants will, to the extent practicable, align their Consolidated Plan Program Year start date(s) and/or PHA Plan Fiscal Year beginning date(s) in accordance with the regulations at 24 CFR § 91.10, for consolidated plan program participants, or 24 CFR § 903, for PHAs. If alignment of program year(s) or fiscal year(s) is not possible, the AFH will be submitted in accordance with the lead entity’s consolidated plan program year start date or PHA plan fiscal year beginning date. 3. CONSOLIDATED PLANNING/PHA PLANNING CYCLE ALIGNMENT Program Participants will, to the extent practicable, align their Consolidated Planning Cycle(s) and/or PHA Planning C ycle(s) in accordance with the regulations at 24 CFR § 91, for Consolidated Plan Program Participants, or 24 CFR § 903, for PHAs. If alignment of Consolidated Planning Cycle(s) or PHA Planning Cycle(s) is not possible, the AFH and AFHP will be submitted in accordance with the lead entity’s consolidated plan cycle or PHA plan cycle. 4. ROLES/RESPONSIBILITES OF PROGRAM PARTICIPANTS A. Assessment of Fair Housing: Program Participants will be individually accountable for their own analysis, goals, and priorities relevant to their geographic area, to be included in the regional AFH. Program Participants will share any outside costs incurred by the lead entity in the creation of the AFH and AFHP. These costs will include the assistance of an outside consultant and any additional costs agreed to in writing. Program Participants agree to share such costs based on the proportional acceptance of HUD funding in the prior program year. B. CITY OF BOISE, as lead agency will: 1. Assemble relevant data on community demographics, fair housing resources and housing needs. AFH COLLABORATION AGREEMENT - 3 2. Select a consultant to assist all Program Participants with development of the AFH and AFHP. 3. Conduct public meetings to present information and collect feedback. 4. Bring fair housing stakeholders together to discuss data and select appropriate Fair Housing Plan goals. 5. Complete the draft Assessing Fair Housing Tool on the HUD website. 6. Post the draft Fair Housing Plan for public review and comment. 7. Submit the final Fair Housing Plan to HUD for review and approval. C. CITY OF MERIDIAN, CITY OF CALDWELL, CITY OF NAMPA, and NHA, as participating agencies will: 1. Review HUD provided data to develop the Fair Housing Plan 2. Participate in public meetings and presentation of information to the public. 3. Participate in the selection of fair housing goals 4. Post the draft Fair Housing Plan goals. 5. Incorporate the final Fair Housing Plan goals into Program Participant’s planning documents. D. Collaboration Limited to AFH No Program Participant shall be responsible for the individual portions and costs of the other program participants except as stated in this Agreement. This Agreement does not relieve any Program Participant from its individual obligation to analyze and address local and regional fair housing issues and contributing factors that affect fair housing choice, and to set priorities and goals for its geographic area to overcome the effects of contributing factors and related fair housing issues. This Agreement does not relieve the responsibility of any Program Participant from completing an AFH, AFHP or Consolidated Plan due prior to the 2021-2025 AFH. 5. WITHDRAWAL Program Participants may withdraw from this Agreement by setting forth the reasons for such withdrawal and the effective date in writing. Written notification of withdrawal shall be given to the affected program participants (by hand delivery or posting in the U.S. mail) at least ninety (90) business days prior to the effective withdrawal date. The withdrawing Program Participant must promptly notify HUD of its withdrawal from the collaboration, within fifteen (15) days of proving notice of withdrawal to the Program Participants. 6. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. AFH COLLABORATION AGREEMENT - 4 7. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 8. WAIVER A Program Participant’s failure to act with respect to a breach by another Program Participant does not waive its right to act with respect to subsequent or similar breaches. The failure of the Program Participant to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. 9. ENTIRE AGREEMENT This Agreement between the Program Participants for the submission of the 2021-2025 AFH and AFHP, supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Program Participants with respect to this Agreement. By way of signing this agreement, the Program Participants are bound to perform the agreements within this Agreement. Any amendment to this Agreement must be approved by all Program Participants and submitted to HUD. 10. NON-APPROPIRATION The Parties acknowledge an agree that the validity of this Agreement is based upon the availability of public funding under the authority of the Program Participants respective statutory mandates. CITY OF BOISE: David H. Bieter, Mayor Date ATTEST: Lynda Lowry, Ex -Officio City Clerk CITY OF MERIDIAN: BY: I ��" Date ATTEST: iJ C. y Co&'ilerk CITY OF CALDWELL: Garret L. Nancolas, Mayor ATTEST: Debbie Geyer, City Clerk AFH COLLABORATION AGREEMENT - 5 .ElDf W IO�NO SEAL. Date AFH COLLABORATION AGREEMENT - 6 CITY OF NAMPA: BY: ______________________________ ______________________________ Robert Henry, Mayor Date ATTEST: ______________________________ Deborah Bishop, City Clerk NAMPA HOUSING AUTHORITY: BY: ______________________________ ______________________________ Andrew R. Rodriguez, Executive Director Date Meridian City Council Meeting & /� DATE: September 27, 2016 ITEM NUMBER: 8ij- PROJECT NUMBER: ITEM TITLE: License Agreement License Agreement with Intermountain Gas Company for Attachment of Automated Meter Reading Equipment to Street Lights for the Annual Sum Of $50.00 Per Pole To Be Paid To The City 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 LICENSE AGREEMENT WITH INTERMOUNTAIN GAS COMPANY FOR ATTACHMENT OF AUTOMATED METER READING EQUIPMENT TO STREET LIGHTS This LICENSE AGREEMENT WITH INTERMOUNTAIN GAS COMPANY FOR ATTACHMENT OF AUTOMATED METER READING EQUIPMENT TO STREET LIGHTS is made and entered into this onlay of fi I!2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Intermountain Gas Company, a corporation organized under the laws of the State of Idaho ("Intermountain"). . WHEREAS, City owns and operates street lights in Meridian; WHEREAS, Intermountain desires to attach its Automated Meter Reading ("AMR") equipment to some of City's street lights in order to improve Intermountain's ability to read its customers' gas meters; and WHEREAS, City and Intermountain find that it is fiscally responsible and in the best interest of their respective customers and the general public to share the costs and uses of public infrastructure; and WHEREAS, the City Council of the City of Meridian hereby finds that the licensed areas are not otherwise needed for City purposes; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and Intermountain agree as follows: I. License granted. City, for and in consideration of the covenants and conditions set forth in this Agreement, and agreed to be kept and performed by Intermountain, does hereby provide to Intermountain license to utilize streetlights, as authorized by City Contact by separate writing, to attach AMR equipment. The portion of the street lights utilized for these purposes shall be referenced hereinafter as "Licensed Areas." H. Use of Licensed Areas. Intermountain's use and occupancy Of the Licensed Areas shall be limited to attachment of AMR equipment in order to facilitate Intermountain's reading of its customers' gas meters. Intermountain shall not use the Licensed Areas for any other purpose, and shall not attach the AMR equipment by any other method without the express written consent of City. HI. Installation. City shall install Intermountain's AMR equipment on City street lights. Prior to installation, City shall provide a cost and time estimate to Intermountain and will proceed with installation only upon Intermountain's written approval of the estimated cost and time. Following City's installation of Intermountain's AMR equipment, City LICENSE AGREEMENT WITH INTERMOUNTAIN GAS FOR INSTALLATION OF AUTOMATED METER READING EQUIPMENT ON CITY STREET LIGHTS PAGE I OF 6 LICENSE AGREEMENT WITH INTERMOUNTAIN GAS FOR INSTALLATION OF AUTOMATED METER READING EQUIPMENT ON CITY STREET LIGHTS PAGE 2 OF 6 shall invoice Intermountain for City’s actual costs of installation. Intermountain shall pay such invoice in full within thirty (30) days of City’s invoice. IV. Consideration for licensed use. In consideration for use of the Licensed Areas, Intermountain shall pay to City, within thirty (30) days of City’s invoice, fifty dollars ($50.00) per calendar year, per street light used under the terms of this Agreement, payable in advance. Such amount shall include all costs related to Intermountain’s use of the street light pole, electrical base rate, power usage, and City’s administrative costs. If Intermountain attaches AMR equipment to a City street light after the year has begun, for that Licensed Area, Intermountain shall pay to City a prorated amount of $4.17 per month remaining in the calendar year, including the month the Attachment is made. V. Term. The term of this Agreement shall be deemed to have commenced on the Effective Date and the initial term shall terminate at 11:59 p.m. on December 31, 2017, unless earlier terminated by either Party by the method established herein. This Agreement shall automatically be renewed from year to year thereafter unless written notice of termination is given by either party to the other by the method set forth herein. VI. Day-to-day communication. A. Primary Source of Contact for Intermountain. Intermountain shall provide City the name, e-mail address, and telephone number of specific Intermountain personnel (“Intermountain Contact”) who shall serve as Intermountain’s primary contact between Intermountain and City for all day-to-day matters regarding Intermountain’s use of Licensed Areas. B. Primary Source of Contact for City. City shall provide Intermountain the name, e- mail address, and telephone number of specific City personnel (“City Contact”) who shall serve as City’s primary contact between City and Intermountain for all day-to- day matters regarding Intermountain’s use of Licensed Areas. C. Enumeration of equipment. Intermountain Contact shall provide to City Contact a written list of all equipment and property attached to the Licensed Areas, specifying make, model, serial number, location, and any other identifying information. Intermountain Contact shall provide an updated list whenever equipment is added, removed, or replaced. City Contact shall verify such information and shall notify Intermountain Contact immediately in the event of any discrepancy. VII. Rights and responsibilities of Intermountain. With regard to Intermountain’s use and occupancy of the Licensed Areas under this Agreement, Intermountain shall be responsible for each and all of the following. A. AMR repair or replacement necessitated by Intermountain determination. If at any time during the term of the Agreement, Intermountain determines that its AMR equipment attached to a Licensed Area requires repair or replacement, Intermountain shall forward a request to City Contact. City Contact shall schedule City’s repair or LICENSE AGREEMENT WITH INTERMOUNTAIN GAS FOR INSTALLATION OF AUTOMATED METER READING EQUIPMENT ON CITY STREET LIGHTS PAGE 3 OF 6 replacement of Intermountain’s AMR equipment. Following City’s repair or replacement of Intermountain’s AMR equipment, City shall invoice Intermountain for City’s actual costs of such work. Intermountain shall pay such invoice in full within thirty (30) days of City’s invoice. B. Good repair. Intermountain shall be solely responsible for monitoring its equipment to ensure that it is in good repair and does not interfere with or degrade City’s facilities, operations, systems, or equipment or present an imminent or foreseeable threat to the public health and safety. C. Repair of Licensed Areas. Intermountain shall be responsible for all costs related to restoration or repair of the Licensed Areas necessitated by damage caused by Intermountain’s use thereof under this Agreement. Following City’s restoration or repair of Licensed Areas necessitated by damage caused by Intermountain’s use thereof under this Agreement, City shall invoice Intermountain for City’s actual costs of such work. Intermountain shall pay such invoice in full within thirty (30) days of City’s invoice. This provision shall survive for one (1) year following expiration or termination of this Agreement. D. Assumption of risk. Intermountain acknowledges that attaching its equipment to Licensed Areas carries risks, some of which are unknown, and accepts any and all such risks. E. Frequency. Intermountain may not operate its AMR equipment on the same frequency as any City wireless system. F. Acceptance as is. Intermountain acknowledges that Intermountain has inspected the Licensed Areas and does hereby accept same as being in good and satisfactory order, condition, and repair. It is understood and agreed that City makes no warranty or promise as to the condition, safety, usefulness or habitability of the Licensed Areas. Intermountain accepts the Licensed Areas “as is.” G. Indemnification. Intermountain specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Intermountain, to Intermountain’s personal property or equipment, and to Intermountain’s employees, agents, guests or invitees arising out of or resulting from the condition of City property or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City or its employees. Intermountain further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use and occupancy of the Licensed Areas by Intermountain or by Intermountain’s agents, employees, guests or business invitees and not caused by or arising out of the tortious conduct of City or its employees. If any claim, suit or action is filed against City for any loss or claim described in this paragraph, Intermountain, at City’s option, shall defend City and assume all costs, including attorney’s fees, associated with the defense or resolution thereof, or LICENSE AGREEMENT WITH INTERMOUNTAIN GAS FOR INSTALLATION OF AUTOMATED METER READING EQUIPMENT ON CITY STREET LIGHTS PAGE 4 OF 6 indemnify City for all such costs and fees incurred by City in the defense or resolution thereof. H. Liability insurance. Intermountain shall maintain, and specifically agrees that Intermountain will maintain throughout the term of this Agreement, liability insurance, in which City shall be named an additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. Intermountain shall provide City with a certificate of insurance or other proof of insurance evidencing Intermountain’s compliance with the requirements of this paragraph. In the event the insurance minimums are changed, Intermountain shall immediately submit proof of compliance with the changed limits. I. Worker’s compensation insurance. In the event Intermountain hires any person to work in City Hall or on the Licensed Areas, any and all workers shall be covered by worker’s compensation insurance. In such event, Intermountain shall provide to City a certificate of insurance. J. Property insurance. Intermountain may, at Intermountain’s option, maintain property insurance for property placed on Licensed Areas. City shall not maintain property insurance on Intermountain’s behalf. VIII. Rights and responsibilities of City. With regard to Intermountain’s use and occupancy of the Licensed Areas under this Agreement, City shall be responsible for the following. A. Location selection. The selection of the street lights available for use as Licensed Areas shall be in City’s sole discretion. All equipment shall be installed at the location(s) authorized or specified by City. B. Right of entry. City and City’s contractors, employees, agents, and invitees, shall be authorized, at all times, to inspect the Licensed Areas and personal property located thereon, for the purposes of inspection for compliance with the terms of this License Agreement and for the exercise of City’s rights hereunder and for all other lawful purposes. C. Utilities. City shall pay for all electrical power normally utilized by the Licensed Areas. City shall attempt to notify Intermountain of planned or foreseen power outages in advance. City shall attempt to notify Intermountain of unplanned or unforeseen outages as soon as practicable after such outage. D. No support. City shall not provide support, monitoring, or administration services related to Intermountain’s use and occupancy of the Licensed Areas and/or Intermountain’s equipment thereon. E. AMR repair or replacement necessitated by City determination. If at any time during the term of the Agreement, City determines that Intermountain’s AMR equipment attached to a Licensed Area requires repair or replacement, City shall LICENSE AGREEMENT WITH INTERMOUNTAIN GAS FOR INSTALLATION OF AUTOMATED METER READING EQUIPMENT ON CITY STREET LIGHTS PAGE 5 OF 6 forward a recommendation to Intermountain Contact. Upon Intermountain’s written authorization of equipment repair or replacement, City Contact shall schedule City’s repair or replacement of Intermountain’s AMR equipment. Following City’s repair or replacement of Intermountain’s AMR equipment, City shall invoice Intermountain for City’s actual costs of such work. Intermountain shall pay such invoice in full within thirty (30) days of City’s invoice. F. AMR repair or replacement necessitated by street light repair or replacement. Removal or replacement of all street lights, including street lights to which Intermountain’s equipment is attached, shall be in City’s sole discretion. When practical City shall notify Intermountain prior to removal or replacement of a street light to which Intermountain’s equipment is attached. Intermountain shall allow City to reattach, relocate, or remove AMR equipment, at Intermountain’s discretion. If at any time during the term of the Agreement, by any cause, a street light serving as a Licensed Area requires repair or replacement, City’s sole obligation shall be to repair its street light in a timely manner, at no cost to Intermountain. If such repair or replacement necessitates repair or replacement of Intermountain’s attached AMR equipment, Intermountain may authorize repair or replacement of such equipment, at Intermountain’s sole expense. Other than negligence or tortious act by City, no circumstance shall obligate City to repair or replace Intermountain’s AMR Equipment at City’s expense. IX. General provisions. A. Termination. Either party may terminate this Agreement for convenience or for cause. Termination shall be effective thirty (30) days following mailing of written notice. Upon termination or expiration of this License Agreement, City shall remove all of Intermountain’s equipment from the Licensed Areas and notify Intermountain that Intermountain may claim its equipment from City Contact during business hours. Intermountain agrees to surrender possession and occupancy of the Licensed Areas peaceably at the termination of this Agreement and any renewal or extension thereof. B. Notices. Communication between the Intermountain Contact and the City Contact regarding day-to-day matters (e.g., installation, maintenance, and access to Licensed Areas) shall occur via e-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed by U.S. mail, postage prepaid. Notices shall be addressed as follows: Intermountain: Michael Pugh Technical Specialist Intermountain Gas Co. 555 South Cole Road Boise, Idaho 83709 Meridian: Austin Petersen Transportation and Utility Coordinator City of Meridian 33 E. Broadway Avenue Meridian ID 83642 C. Limitation of liability. Notwithstanding anything in this agreement to the contrary, City shall not be liable or obligated, and Intermountain shall hold City harmless, with respect to any subject matter of this agreement or under contract, negligence, strict liability or any other legal or equitable theory, for the following: 1. Any special, punitive, incidental or consequential damages (including, without limitation, for any lost profits, cost of procurement of substitute goods, technology, services or rights); 2. Interruption of use of Intermountain's equipment; 3. Security breach; or 4. Any other matter beyond City's reasonable control. This provision shall survive termination of this Agreement. D. No agency. It is further understood and agreed Intermountain shall not be considered an agent of City in any manner or for any purpose whatsoever in Intermountain's use and occupancy of the Licensed Areas. E. No waiver. City's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition, nor shall such waiver operate to prejudice, waive, or affect any right or remedy City may have under this Agreement with respect to such subsequent default or breach by Intermountain. F. No assignment. Intermountain shall not assign, sublet or transfer the Licensed Areas, or any portion thereof, or cause or suffer any alterations thereto, other than as specified in this Agreement, without the express written consent of City. G. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements, leases, or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. Intermountain Gas C Hart ilijchi , Vice President Operations CITY OF MERID of Keit � vji CNP611 i LICENSE AGREEMENT WITH INTERMOUNTAIN GAS FOR SA4ZWkffION OF AUTOMATED METER READING EQUIPMENT ON CITY STREET LIGHTS PAGE 6 OF 6 Pole and solar panel Intermountain Gas will install if not allowed to install AMR Unit on Existing Street Light Poles j c. rye. , --' , - '� wr � •� �� � •:. e...w.'•, If•F j s.�p f E IDIANt-6---, Public IL D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Austin Petersen, Transportation and Utility Coordinator DATE: September 16, 2016 Mayor Tammy de Weerd City Council Members: Joe Borton Keith Bird Genesis Milam Luke Cavener Ty Palmer Anne Little Roberts SUBJECT: LICENSE AGREEMENT WITH INTERMOUNTAIN GAS COMPANY FOR ATTACHMENT OF AUTOMATED METER READING EQUIPMENT TO STREET LIGHTS FOR THE ANNUAL SUM OF $50.00 PER POLE TO BE PAID TO THE CITY I. RECOMMENDED ACTION A. Move to: 1. Approve the license agreement with Intermountain Gas Company 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS Austin Petersen, Transportation and Utility Coordinator 489-0352 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background Intermountain Gas Company (IGC) plans to install five Automated Meter Reading (AMR) antennas in Meridian. The AMR's consist of a 6 pound 11 "x6"x4" box with an 18" antenna and require between 5 and 12 watts of electricity depending on the model. Rather than installing new poles within the roadway right-of-way, IGC has requested the ability to install them on existing street lights. B. Proposed Project To allow the installation of these antennas on existing street lights, IGC has worked with City staff to create the attached License Agreement. Per this Page I of 2 agreement IGC will pay for the installation of the AMR equipment and an additional $50 per pole per year to cover the cost of electricity and pole maintenance. IV. IMPACT A. Strategic Impact: It is the mission of the Public Works Department to provide services in an efficient, customer focused and financially responsible manner. With this agreement IGC will provide a portion of the funds required to maintain these street lights. This coordination with IGC may also provide valuable insight into IGC's AMR program that can be used as the Public Works Department Develops an AMR program for water meters. IGC has also expressed a willingness to explore the possibility of using these antennas to collect water meter readings for the City if we decide to use compatible AMR equipment. B. Service/Delivery Impact: This agreement will not affect our ability to provide street lighting. C. Fiscal Impact: IGC will provide an annual sum of $50 per pole used for this program. So far, they plan to use 5 poles, and thus far have no plans to add more of these devices. V. ALTERNATIVES A. The City could reject IGC's request. If this happens IGC will install their own poles to mount the AMR antennas on. These poles would be near our existing street lights and would be outfitted with solar panels to provide power for the AMR antennas. B. The City could modify the terms of this agreement based on City Council's direction. VI. TIME CONSTRAINTS IGC would like to complete the installation of this equipment as soon as possible. VII. LIST OF ATTACHMENTS A. License Agreement with Intermountain Gas Company for Attachment of Automated Meter Reading Equipment to Street Lights B. AMR Equipment Photos C. Map of planned AMR antenna locations Approved for Council Agenda: Date: Z / Page 2 of 2 Meridian City Council Meeting DATE: September 27, 2016 ITEM NUMBER: --5I' PROJECT NUMBER: ITEM TITLE: Main Street & Fairview Avenue Artwork "Natives Resolution No. 16- : Resolution Signifying City's Final Acceptance of Main Street & Fairview Avenue Artwork "Natives'' by C.J. Rench MEETING NOTES M d""d T,-I;J,, 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 BY THE CITY COUNCIL: RESOLUTION NO. BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN SIGNIFYING FINAL ACCEPTANCE OF "NATIVES," BY C.J. RENCH, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, C.J. Rench, on behalf of CJRDesign ("Artist") created, and installed at the southeast corner of Main Street and Fairview Avenue, in Meridian, Idaho a public art piece for the City and people of Meridian: an installation of three sculptures depicting native grasses entitled "Natives" ("Artwork"); WHEREAS, this Artwork has been inspected by the City Building Official and accepted by the City of Meridian, and the fabrication and installation of "Natives" has been found to be compliant with the specifications set forth in the Professional Services Agreement for Fabrication and Installation of Main Street And Fairview Avenue Artwork ("June 28, 2016 Agreement"); WHEREAS, pursuant to the June 28, 2016 Agreement, Artist submitted a Maintenance Plan for the artwork, attached hereto as Exhibit A; and executed an Acceptance Agreement contemporaneously herewith; WHEREAS, by these actions and submissions Artist did timely execute Final Completion as that term is defined by the June 28, 2016 Agreement, and "Natives" was installed on or about September 26, 2016; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City of Meridian hereby accepts the delivery of "Natives" as designed, created, and installed by Artist, and by this instrument the City conveys its Final Acceptance thereof, as that term is defined by the June 28, 2016 Agreement. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this day of September, 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this day of September, 2016. APPROVED: Mayor Tammy de Weerd ATTEST: USE C.Jay Coles Meridian City Council Meeting DATE: September 27, 2016 ITEM NUMBER: .� PROJECT NUMBER: ITEM TITLE: Lift Station Lease Agreement Lift Station Lease Agreement with New Oaks, LLC 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 LIFT STATION LEASE AGREEMENT THIS LIFT STATION LEASE AGREEMENT ("Lease") is made and entered into this — < day of September, 2016, by and between NEW OAKS LLC, an Idaho limited liability company and its successors and assigns, hereinafter referred to as the "Lessor," and THE CITY OF MERIDIAN, IDAHO, hereinafter referred to as the "Lessee" or "City." RECITALS Lessor is developing The Oaks North and South Subdivisions (the "Subdivisions") within the City. The City will provide sewer service for the Subdivisions and has caused to be constructed an interim sanitary sewer lift station ("Lift Station") within the Oaks South Subdivision that will be owned and operated by the City as part of its municipal sanitary sewer collection system to provide sanitary sewer to the Subdivision and to other areas within the City's municipal service area. Lessor and the City wish to enter into this Lease granting the City the rights of access and use and for Lift Station operations and maintenance as described herein. Lessor is willing to provide a Lift Station site lot for the City to operate and maintain the Lift Station in the location depicted and described on Exhibits A-1 and A-2 hereto. Lift Station Lease Agreement -1 mstation lot lease for new oaks sub - final41007476-81 AGREEMENT Lessor, for and in consideration of the above recitals, and the benefits, covenants and agreements hereinafter mentioned on the part and behalf of the said Lessee to be kept and performed, does by these presents demise and lease unto the said Lessee, and Lessee does by these presents hire, rent and lease from Lessor, that certain real property located on the following described real property, to wit: See Exhibits "A-1" and "A-2" (map of site & legal description) attached hereto and, by this reference, incorporated herein as if set forth in full (the "Leased Premises"). TO HAVE AND TO HOLD said Leased Premises, together with the appurtenances, privileges, rights and easements thereto belonging, and subject to all rights, easements, and encumbrances of record, unto the said Lessee for the rent and upon the terms and conditions as follows: 1. RENT: Lessor and Lessee hereby waive monetary rent and agree that the mutual benefits provided herein constitute adequate consideration for this Lease. The mutual benefits include but are not limited to Lessee's ability to begin using the Lift Station in advance of platting and Lessor having the benefit of sewer service sooner than would otherwise be available. 2. TERM: This Lease shall be for the term of one hundred (100) years, commencing on December 8, 2015 (the "Lease Term"), unless extended or earlier terminated as provided herein. 3. USE OF LEASED PREMISES: Lessee covenants and agrees that the Leased Premises shall be used for a Municipal Lift Station, and the construction, operation, and maintenance thereof, and shall not be used for any other purpose or purposes without the prior written consent of Lessor. 4. LEASE EXTENSION: Unless this Lease is terminated prior to the end of the Lease Term as provided herein, then this Lease shall automatically renew for additional ten (10) year terms, not to exceed one hundred (100) additional years, unless otherwise agreed to in writing by the parties. Lift Station Lease Agreement - 2 mstation lot lease for new oaks sub - final4i007476-81 5. LEASE TERMINATION: The parties agree that notwithstanding the Lease Term provided above, this Lease shall earlier terminate when the Leased Premises have been subdivided and platted and the Leased Premises lot has been conveyed to the City of Meridian. 6. MAINTENANCE: The Leased Premises is bare ground. During the term of this Lease, Lessee shall, at Lessee's sole cost and expense, maintain the Leased Premises in as good condition as the same is in at the time Lessee shall take possession of the Leased Premises, reasonable wear, tear and damage by the elements excepted. 7. ALTERATIONS AND IMPROVEMENTS: Lessee shall have the right to make alterations and improvements to the Leased Premises that are consistent with the ongoing operation and maintenance of the Lift Station. Lessee shall maintain all such alterations and improvements made by Lessee in a neat and orderly condition. Except as otherwise agreed by Lessor and Lessee by separate written agreement, upon the termination of this Lease, the Lift Station and related improvements as shall have been added or made by Lessee shall not revert to the Lessor, shall not become a part of the Leased Premises and shall be removed from the Leased Premises by Lessee within sixty (60) days of termination. Lessee's operation, maintenance, repair, replacement, removal or abandonment of the Lift Station and other improvements shall comply with all design guidelines applicable to the Leased Premises and all laws and requirements and standards for construction, operation and/or abandonment of Lift Stations, 8. COMPLIANCE WITH LAW: Lessee agrees to comply with all municipal, state and federal laws, rules, regulations and ordinances governing its use of the Leased Premises and Lift Station and to do all things necessary to stay in compliance with the same. 9. UTILITIES: It is expressly agreed that during the full term of this Lease, Lessee shall furnish and promptly pay for any utilities required for the Leased Premises and improvements at Lessee's own cost and expense. Lift Station Lease Agreement - 3 rnstation lot lease for new oaks sub - final4/007476-81 10. TAXES AND ASSESSMENTS: Lessor shall pay all real estate taxes and other assessments of any kind levied against the Leased Premises during the term of this Lease as the same become due. 11. ASSIGNMENT OR SUBLEASING: Lessee shall not assign this Lease nor sublet to any other lessee the Leased Premises or any portion thereof, without Lessor's prior written consent; provided, however, such consent shall not be unreasonably withheld by Lessor. 12. LABOR CONTRACTS AND EMPLOYEES: The parties expressly covenant and agree that all labor contracts and employment agreements with employees or contractors providing services or materials to or construction upon the Leased Premises shall be made directly with Lessee and that all such employees and contractors shall be deemed solely the employees or contractors of Lessee and in no way employees or contractors of Lessor, Lessee covenants and agrees to keep the Leased Premises free and clear of any claims, including but not limited to mechanics or materialmen's liens, and to indemnify and hold harmless Lessor of and from any liability for any acts of employees of Lessee or any acts of persons working for Lessee under a labor contract. 13. WASTE PROHIBITED: Lessee shall not commit any waste or damage to the Leased Premises nor permit any waste or damage to be done thereto. 14. LIABILITY: Lessor shall not be liable for any injury or damage which may be sustained by any person or property of the Lessee or any other person or persons resulting from the condition or operation of the Leased Premises or any improvement thereon, or from the street or subsurface, or from any other source or cause whatsoever, nor shall the Lessor be liable for any defect, latent or otherwise, in the Lift Station or structures erected on the Leased Premises, and Lessee agrees to indemnify and hold harmless Lessor from all such liability. Lift Station Lease Agreement - 4 mstation lot lease for new oaks sub - final4i007476-e1 15. LIABILITY INSURANCE: Lessee shall maintain a comprehensive liability insurance policy covering the above -demised premises during the term of this Lease with a responsible insurance company, all at the sole cost and expense of Lessee in the sum of $500,000.00 single -limit coverage. 16, FIRE AND EXTENDED COVERAGE INSURANCE: Lessee shall maintain fire and extended coverage on the Lift Station and other improvements to the Leased Premises, and Lessor shall be under no obligation to maintain any fire or extended coverage insurance thereon. 17. CONDEMNATION: If the entire Leased Premises, or a substantial part thereof, are condemned or taken by purchase in lieu thereof, then this Lease shall terminate as of the time possession is taken. 18. DEFAULT AND FORFEITURE: Time and the strict and faithful performance of each and every one of the conditions of this Lease are expressly made the essence of this Lease. If Lessee defaults in the keeping, performing or observing of any of the covenants and agreements herein contained and such default shall remain uncured for a period of thirty (30) days after written notice shall have been sent by certified or registered mail to Lessee as hereinafter provided, then in such event the Lessor may, at Lessor's election, either in law or equity, seek specific performance of this Lease or may declare said term and Lease forfeited and terminated and may re-enter the Leased Premises to repossess and enjoy the same as in their first estate, and the effect of such default shall in itself, at the election of Lessor, without further notice or demand constitute a forfeiture and termination of this Lease, and if thereafter the Lessee shall fail to surrender possession of the Leased Premises to Lessor and remove all improvements, the Lessee shall be deemed guilty of an unlawful and forcible detention of the Leased Premises. If Lessee shall abandon or vacate the Leased Premises, or if this Lease be terminated for default of any of the covenants and agreements herein contained, Lessee hereby agrees to pay all reasonable expenses incurred by Lessor in obtaining possession of the Leased Premises from Lessee, including reasonable Lift Station Lease Agreement - 5 iiestation lot lease for new oaks sub - final4i007476-81 legal expenses and attorney's fees, and to pay such other expenses as the Lessor may incur in putting the Leased Premises in good order and condition as herein provided, and also to pay all other reasonable and necessary expenses or commissions paid by Lessor in re-leasing the Leased Premises. In the event of notification of default by Lessor to Lessee and Lessee does in fact cure such default, then and in that event Lessee shall pay, in addition to all arrearages as existing under the notice of default, the reasonable attorney fees incurred by Lessor in determination of the default and the notification to the defaulting Lessee. 19. INDEMNIFICATION: During the term of this Lease (and thereafter, for incidents occurring during any term of this Lease) Lessee shall, to the extent allowed by law, indemnify, defend and hold harmless Lessor against any and all claims, liabilities, damages, expenses (including reasonable attorney fees), judgments, proceedings and causes of action of any nature arising from: (i) injury to or death of any person, or damage to or loss of any property occurring on, in or around the Leased Premises, or (ii) growing out of connected with the use, condition or occupancy of the Leased Premises or (iii) losses resulting from a breach of this provision of this Lease. This obligation to indemnify shall be limited to the acts or omissions of Lessee or its officers, contractors, licensees, agents, servants, employees, guests, invitees or visitor and not caused by the negligence or other wrongful act of omission of Lessor, or Lessor's officers, employees, or servants. Lessee's obligation to indemnify shall survive the satisfaction of this Lease. 20, ATTORNEY'S FEES: In the event an action is brought to enforce any of the terms or provisions of this Lease, or enforce forfeiture thereof for default thereof by either of the parties hereto, the prevailing party in such action or collection shall be entitled to recover from the other party its reasonable attorney's fees and costs, together with such other costs as may be authorized by law. Lift Station Lease Agreement - 6 mstation lot lease for new oaks sub - final4i007476-e1 21. NOTICES: All notices required to be given to each of the parties hereto under the terms of this Lease shall be given by depositing a copy of such notice in the United States mail, postage prepaid and registered or certified, return receipt requested, to the respective parties hereto at the following address: Lessor: New Oaks LLC 3103 W. Sheryl Drive Meridian, ID 83642 Lessee: City of Meridian 33 E. Idaho Meridian, ID 83642 or to such other address as may be designated by writing delivered to the other party. All notices given by certified mail shall be deemed completed as of the date of mailing except as otherwise expressly provided herein. 24. REPRESENTATIONS: It is understood and agreed by and between the parties hereto that there are no verbal promises, implied promises, agreements, stipulations, representations or warranties of any character excepting those set forth in this Lease. 25. BINDING EFFECT: The provisions and stipulations hereof shall inure to the benefit of and bind the heirs, executors, administrators, assigns and successors in interest of the respective parties hereto. 26. SITUS: This Lease is established and accepted by the Lessee under the laws of the State of Idaho, and all questions concerning its validity, construction and administration shall be determined under such laws. 27. HEADINGS: The bolded paragraph headings are for convenience only and are not a part of this Lease and shall not be used in interpreting or construing this Lease Agreement. Lift Station Lease Agreement - 7 nestation lot lease for new oaks sub - final4i007476-81 28. SEVERABILITY: If any portion or portions of this Lease shall be, for any reason, invalid or unenforceable, the remaining portion or portions shall nevertheless be valid, enforceable and carried into effect, unless to do so would clearly violate the present legal and valid intentions of the parties hereto. Lift Station Lease Agreement - 8 mstation lot lease for new oaks sub - final4/007476-81 IN WITNESS WHEREOF, Lessor and Lessee do execute this Lease effective the day and year first above written. STATE OF IDAHO ss. "Lessor" NEW OAKS LLC By: ' \ V \ ►/ \ � Thomas M. Coleman Jr. President of Coleman Communities, Inc. Manager of Coleman Homes LLC Manager of New Oaks LLC County of Ada ) On this .day of 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Thomas M. Coleman Jr., known or identified to me to be the person who executed the foregoing instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. (SEAL) ••.•``�pCLrl, OTAOil Rr 7� NOTAR P BLIC FOR IDAHO RESIDING AT. MY COMMISSION EXPIRES: 3 dFSl�� Lift Station Lease Agreement - 9 iinstation lot lease for new oaks sub - final4i007476-e1 EDA s) 01 or w E IDIAN Z IOAI/O SEAL A/ STATE OF IDAHO ss. County of Ada "Lessee" By: Attest: CITY OF MERIDIAN, IDAHO a . h oI m On this day of w , 2016, efore me, the undersigned, a Notary Public in and for said State, personally appeared T and wee C . S 6Y moi., known to me to be 7'ed a gr and City Clerk of the City of Meridian, Idaho, and who executed the & �tS within instrument, and acknoto me that the City of Meridian executed the same. 04y�2�'l prc- j� rd ei f IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •.....•• .• ,- . (SEAL) :°N L 4+9,t NOTARY PUBLI OR IDAHO RESIDING AT: � -Ub MY COMMISSION EXPIRES: -k - Lift Station Lease Agreement -10 rnstation lot lease for new oaks sub - final41007476-81 EXHIBIT A-1 DESCRIPTION FOR INTERIM LIFT STATION AND PRESSURE SEWER LOT PROPOSED OAKS SOUTH SUBDIVISION A parcel of land located in the NW of Section 33, T. 4N., R.1W., B. M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner of the said Section 33, from which the North 1/4 corner of said section bears South 89°16'58" East, 2635 25 feet; thence along the west boundary of the NW of said section South 00032'39" West, 712.72 feet; thence leaving said boundary South 89°27'21" East, 50.00 feet to the POINT OF BEGINNING; thence continuing South 89°27'21" East, 150.72 feet; thence South 00°32'39" West, 185.23 feet; thence North 89027'21" West, 150.72 feet; thence North 00032'39" East, 18523 feet to the POINT OF BEGINNING. Containing 27,918 SF (0.64 acres), more or less. Lift Station Lease Agreement -11 gestation lot lease for new oaks sub - final4/007476-e1 29128 32 33 1 S4 I I- — — — — I �—�s as•i; a x ISI ISI ly IQ. EXHIBIT A-2 W. McM/CLAN Rd— 89'16'58' E 2635.25' _ _ _ ^ 2301 /4 BASIS OF BEARING �-- ROpOSED OAKS S�UT" SURD. P / PGyNT OF BEG/NN/NC E / I S 89.27'21 ' E PROPOSED INTERIM LIFT STATION AND PRESSURE SEWER LOT LL 27918&- 0. 54 7,9!8SF0.54 ACRES f/- I , N 89'27'21' w I Lift Station Lease Agreement - 12 nestation lot lease for new oaks sub - final4i007476-81 .LA ND SS—TT 1Ct11 18 6 12( I( ,L Meridian City Council Meeting 6 /< DATE: September 27, 2016 ITEM NUMBER: 15K PROJECT NUMBER: H-2016-0106 ITEM TITLE: Howry Lane Subdivision No 1 Final Order for Howry Lane Subdivision No 1 (H-2016-0106) by M3 Acquisitions, LLC Located at 5220 S Howry Lane MEETING NOTES 9 APPROIED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF FIFTY-FOUR (54) BUILDING LOTS AND SEVEN (7) COMMON AREA LOTS ON 21.17 ACRES OF LAND IN THE R-8 ZONING DISTRICT FOR HOWRY LANE SUBDIVISION NO. 1 BY: M3 ACQUISITIONS, LLC APPLICANT HEARING DATE: SEPTEMBER 20, 2016 CASE NO. H-2016-0106 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on September 20, 2016 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING HOWRY LANE SUBDIVISION NO. 1, SITUATED IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2017, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HOWRY LANE SUBDIVISION NO. 1 — FP (H-2016-0106) Page 1 of 3 HANDWRITTEN DATE: 8/12/16, by MICHAEL S. BYRNS, PLS, SHEET 1 OF 8, is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated September 20, 2106, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Scott Wonders, Applicant's Representative, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off -.site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HOWRY LANE SUBDIVISION NO. 1 — FP (H-2016-0106) Page 2 of 3 issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the day of Se FtO�6elr , 2016. (S"I" -rEDAUGCily ofA IDIANI--Attest: SEAL C.9ay C City Ch ( V By• 111?N" 13i WA —1bl�r City of Meridian Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. „."4tC4 I k -jrtE'L Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HOWRY LANE SUBDIVISION NO. 1 — FP (H-2016-0106) Page 3 of 3 EXHIBIT A Howry Lane Sub 1 – FP H-2016-0106.doc PAGE 1 STAFF REPORT MEETING DATE: September 20, 2016 TO: Mayor and City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Howry Lane Subdivision No. 1 - FP (H-2016-0106) I. APPLICATION SUMMARY The applicant, M3 Acquisitions, LLC, has applied for final plat (FP) approval of 54 single-family residential building lots and 7 common area lots on 21.17 acres of land in an R-8 zoning district for the first phase of Howry Lane Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Howry Lane Subdivision No. 1 final plat based on the analysis provided below in Section V. III. PROPOSED MOTION Approval I move to approve File Number H-2016-0106 as presented in the staff report for the hearing date of September 20, 2016, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2016-0106, as presented during the hearing on September 20, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0106 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at 5220 S. Howry Lane, in the northeast ¼ of Section 33, T. 3N., R. 1E. B. Applicant: M3 Acquisitions, LLC 4222 E. Camelback Road, Suite H100 Phoenix, AZ 85018 C. Owner: SRS AZ Investors, LLC 4222 E. Camelback Rd., Ste. H100 Phoenix, AZ 85018 EXHIBIT A Howry Lane Sub 1 – FP H-2016-0106.doc PAGE 2 D. Representative: Scott Wonders, JUB Engineers, Inc. 250 S. Beechwood, Ste. 201 Boise, ID 83709 V. STAFF ANALYSIS The proposed final plat depicts 54 building lots and 7 common area lots on 21.17 acres of land in the R-8 zoning district. All of the lots proposed in this subdivision are for single-family detached homes and comply with the dimensional standards of the R-8 zoning district listed in UDC Table 11-2A-6. A tot lot with play equipment and a bench are proposed as amenities in this phase. There are existing structures on this site that are required to be removed prior to signature on the final plat by the City Engineer for this phase of development. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2. The total number of buildable lots in this phase has decreased by 9 and the amount of common area is the same. Therefore, staff finds the proposed final plat in substantial compliance with the approved preliminary plat. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation and preliminary plat (H-2016-0030, Development Agreement Inst. No. 2016-060149). 2. The applicant shall obtain the City Engineer’s signature on the final plat by June 14, 2018; or, apply for a time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Michael S. Byrns, PLS., stamped and dated 8/12/16, shall be revised prior to City Engineer signature on the final plat as follows: a. Note #5: Include the recorded development agreement instrument number (#2016-060149). There is no addendum. b. Modify note #6 as follows, “Lots shall not be reduced in size without prior approval from the Health Authority and the City of Meridian.” c. Note #10: Include the recorded instrument number for the license agreement. d. Easement note #6: Include recorded instrument number. e. Easement note #11: include the following language… “However, the lot owner shall be responsible for the removal and replacement of any improvements placed within the easement area in the event the easement area needs to be excavated by any beneficiary of said easement.” f. Change the year below the situate statement from 2017 to 2016 if the plat will be recorded in 2016. g. Plat Legend: (Utility Easement Line) modify to read “Public Utility, Drainage, and Irrigation Easement” h. Plat Legend: (Utility and Pressurized Irrigation Line) Modify to read “Public Utility, Drainage, and Irrigation Easement” or change the line type to match the above referenced line. EXHIBIT A Howry Lane Sub 1 – FP H-2016-0106.doc PAGE 3 5. The landscape plan prepared by Greey/Pickett Professional Corp., dated 8/19/16, shall be revised as follows: a. Fencing is required along lot lines adjacent to the common open space areas on Lot 9, Block 2; Lot 1, Block 3; Lot 8, Block 4; and Lot 8, Block 5 as set forth in UDC 11-3A-7A.7. b. Depict the location of the tot lot on Lot 1, Block 3. 6. The existing ingress/egress for the property to the south (Parcel #S1133315310) along the west boundary of this site shall remain accessible until such time as alternate access can be provided through the subject property via public streets and an access easement from where S. Ashcroft Way ends to the south boundary of the site. Once the new access easement is provided, the easement along the west boundary shall be relinquished. The communication easement along the west boundary shall be relinquished once it’s no longer needed or is provided via alternate means. 7. All fencing installed on the site must comply with the standards listed in UDC 11-3A-6 and 11- 3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for this subdivision. 8. The property owner shall relinquish their interest in Howry Lane and dedicate right-of-way for a public street in accord with ACHD standards. 9. The existing structures on the site shall be removed prior to signature on the final plat by the City Engineer. 10. Construct the water amenity proposed within this development in accord with the standards in UDC 11-1A-1 as proposed by the Engineer with banks no steeper than one foot (1’) vertical per every four feet (4’) horizontal with a maximum depth and velocity in all places so that the product of the maximum depth (feet) multiplied by the peak velocity (feet per second) does not exceed four (4). See letter from the Engineer in Exhibit E. 11. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 12. Development of homes within this subdivision shall be generally consistent with the building elevation design and materials approved with the preliminary plat. 13. Comply with the stormwater integration standards listed in UDC 11-3B-11C. 14. Recent water modeling indicates that with this phase, there will not be adequate fire flows at the end of W. Auckland Street. Applicant shall be required to complete the water main loop planned for the future south phase, to connect S. Archeron Way to S. Ashcroft Way. In addition to this looping, the applicant will need to upsize the water main from S. Howry Lane to the intersection of W. Auckland Street to 12-inch diameter. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. EXHIBIT A Howry Lane Sub 1 – FP H-2016-0106.doc PAGE 4 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887- 2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 8. All development improvements, including but not limited to sewer, water, fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-12-3H. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. EXHIBIT A Howry Lane Sub 1 – FP H-2016-0106.doc PAGE 5 17. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 18. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 19. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 20. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 21. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 22. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 23. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 24. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. V. EXHIIBITS A. Vicinity Map EXHIBIT A Howry Lane Sub 1 – FP H-2016-0106.doc PAGE 6 B. Approved Preliminary Plat (dated: 4/20/16) C. Proposed Final Plat (dated: 8/12/16) D. Proposed Landscape Plan (dated: 8/19/16) E. Water Amenity Compliance Documentation F. Qualified Open Space Exhibit (dated: 9/14/16) EXHIBIT A Howry Lane Sub 1 – FP H-2016-0106.doc PAGE 7 Exhibit A – Vicinity Map EXHIBIT A Howry Lane Sub 1 – FP H-2016-0106.doc PAGE 8 Exhibit B – Approved Preliminary Plat (dated: 4/20/16) EXHIBIT A Howry Lane Sub 1 – FP H-2016-0106.doc PAGE 9 Exhibit C – Proposed Final Plat (dated: 8/12/16) EXHIBIT A Howry Lane Sub 1 – FP H-2016-0106.doc PAGE 10 EXHIBIT A Howry Lane Sub 1 – FP H-2016-0106.doc PAGE 11 EXHIBIT A Howry Lane Sub 1 – FP H-2016-0106.doc PAGE 12 Exhibit D –Proposed Landscape Plan (dated: 8/19/16) EXHIBIT A Howry Lane Sub 1 – FP H-2016-0106.doc PAGE 13 EXHIBIT A Howry Lane Sub 1 – FP H-2016-0106.doc PAGE 14 EXHIBIT A Howry Lane Sub 1 – FP H-2016-0106.doc PAGE 15 G. Water Amenity Compliance Documentation EXHIBIT A Howry Lane Sub 1 – FP H-2016-0106.doc PAGE 16 H. Qualified Open Space Exhibit (dated: 9/14/16) Meridian City Council Meeting 62- DATE: L DATE: September 27, 2016 ITEM NUMBER: -5-L PROJECT NUMBER: H-2016-0107 ITEM TITLE: Biltmore Estates Subdivision No. 3 Final Order for Biltmore Estates Subdivision No. 3 (H-2016-0107) by Oakwood Estates, LLC Located South of W. Victory Road and West of S. Meridian Road 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 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF THIRTY-ONE (31) RESIDENTIAL BUILDING LOTS AND SIX (6) COMMON LOTS ON 11.91 ACRES OF LAND IN THE R-4 ZONING DISTRICT FOR BILTMORE ESTATES SUBDIVISION NO.3 BY: OAKWOOD ESTATES, LLC APPLICANT HEARING DATE: SEPTEMBER 20, 2016 CASE NO. H-2016-0086 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on September 20, 2016 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING BILTMORE ESTATES SUBDIVISION NO. 3, LOCATED IN THE NORTH '/, OF SECTION 25, TOWNSHIP 3 NORTH, RANGE 1 WEST, B.M., MERIDIAN, ADA COUNTY, IDAHO, 2016, by CLINTON W. HANSEN, PLS, SHEET 1 OF 3," is conditionally approved subject to those conditions as set forth in the staff report to the Mayor and City ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BILTMORE ESTATES SUBDIVISION NO. 3 (H-2016-0086) Page 1 of 3 Council from the Planning and Development Services Divisions of the Community Development Department dated September 20, 2016, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Kathy Stroschein, Engineering Solutions, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BILTMORE ESTATES SUBDIVISION NO. 3 (H-2016-0086) Page 2 of 3 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the day of 2016. Go�QoRATED AJiG Citv of w By: IDIA Keil f3i m ID''"N -M1MeyDr-, Cit of Meridian Attest: 0�2� '41- ,'!� �he TREASVa�C Way Col s City Clerk Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: WC U l�L �,�, Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BILTMORE ESTATES SUBDIVISION NO. 3 (H-2016-0086) Page 3 of 3 EXHIBIT A Biltmore Estates Subdivision No. 3 H-2016-0086 PAGE 1 STAFF REPORT MEETING DATE: September 20, 2016 (Continued from August 16 and September 6, 2016) TO: Mayor and City Council FROM: Bill Parsons, Planning Supervisor 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2016-0086 – Biltmore Estates Subdivision No. 3 I. APPLICATION SUMMARY The applicant, Oakwood Estates, LLC, has applied for final plat (FP) approval of 31 building lots and 6 common lots on 11.91 acres of land in an R-4 zoning district. This is the third phase of Biltmore Estates Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Biltmore Estates Subdivision No. 3 final plat based on the analysis provided below in Section V. III. PROPOSED MOTION Approval I move to approve File Number H-2016-0086 as presented in the staff report for the hearing date of September 6, 2016, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2016-0086, as presented during the hearing on September 6, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0086 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located south of W. Victory Road and west of S. Meridian Road, in the north ½ of Section 25, T. 3N., R. 1W. B. Applicant/Owner: Oakwood Estates, LLC P.O. Box 518 Meridian, ID 83680 C. Representative: Engineering Solutions, LLP 1029 N. Rosario Street, Ste. 100 EXHIBIT A Biltmore Estates Subdivision No. 3 H-2016-0086 PAGE 2 Meridian, ID 83642 V. STAFF ANALYSIS The proposed final plat depicts 31 single-family residential building lots and 6 common lots on 11.91 acres of land in an R-4 zoning district. The gross density of the proposed subdivision is 2.60 dwelling units (d.u.) per acre with a net density of 3.63 d.u. per acre. The minimum property size is 8,640square feet (s.f.) with an average size of 10,485 s.f. All of the lots proposed in this phase are for single-family detached homes and must comply with the dimensional standards of the R-4 zoning district listed in UDC Table 11-2A-5. Staff has reviewed the proposed plat and found it in compliance with the aforementioned dimensional standards. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. The number of buildable lots and common area is the same. Therefore, staff deems the proposed final plat in substantial compliance with the approved preliminary plat. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation (AZ-13-014, Development Agreement Instrument #114052420) and preliminary plat (PP-14-004). 2. The applicant shall obtain the City Engineer’s signature on the final plat within two (2) years of City Council approval of the preliminary plat or the City Engineer’s signature on a previous phase; or, apply for a time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Engineering Solutions, LLP, stamped on 6/07/16 by Clinton W. Hansen shall be revised as follows: a. Note #10: Include recorded instrument number. b. Note #15: Include recorded instrument number. 5. The landscape plan prepared by South Landscape Architecture, P.C., dated 7/22/15, is approved as shown in Exhibit D. 6. All fencing installed on the site must comply with the fencing shown on the landscape plan in Exhibit D, the conditions in this report, and with the standards listed in UDC 11-3A-6 and 11-3A- 7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for this subdivision. 7. Future homes constructed in this subdivision shall be generally compatible in appearance and bulk with the pictures/elevations included in the development agreement recorded as Instrument No. 114052420. The rear and/or sides of homes on lots that face or back up to S. Kentucky Way shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. 8. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 9. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. EXHIBIT A Biltmore Estates Subdivision No. 3 H-2016-0086 PAGE 3 10. This project is dependent on water service from Meridian’s Pressure Zone 5, which currently is not available to the subject parcel. The Public Works Department has awarded a CIP contract for the installation of Zone 5 mainlines that will ultimately bring service to this area. Construction is proceeding on schedule, however substantial completion (all testing completed and water main is activated) is not anticipated until mid-September 2016. 11. The development construction plans for this project will not be approved until Zone 5 water is substantially complete per the above condition. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887- 2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 8. All development improvements, including but not limited to sewer, water, fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5(c) -1. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. EXHIBIT A Biltmore Estates Subdivision No. 3 H-2016-0086 PAGE 4 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4(b). 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. EXHIBIT A Biltmore Estates Subdivision No. 3 H-2016-0086 PAGE 5 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28(c)-1.). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. VIII. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 1/21/14) C. Proposed Final Plat (dated: 6/07/2016) D. Proposed Landscape Plan (dated: 7/22/15) EXHIBIT A Biltmore Estates Subdivision No. 3 H-2016-0086 PAGE 6 Exhibit A – Vicinity Map EXHIBIT A Biltmore Estates Subdivision No. 3 H-2016-0086 PAGE 7 Exhibit B – Approved Preliminary Plat (dated: 1/21/14) EXHIBIT A Biltmore Estates Subdivision No. 3 H-2016-0086 PAGE 8 Exhibit C – Proposed Final Plat (dated: 6/07/2016) EXHIBIT A Biltmore Estates Subdivision No. 3 H-2016-0086 PAGE 9 Exhibit D –Proposed Landscape Plan (dated: 7/22/15) EXHIBIT A Biltmore Estates Subdivision No. 3 H-2016-0086 PAGE 10 ENGINEERING mM Jp§| Pining and engineering communities for the Mure SOLUTIONS September 15, 2016 Honorable Mayor Tammy de Weerd and Meridian City Council City of Meridian 33 East Broadway Meridian, ID 83642 Re: Biltmore Estates Subdivision No. 3 Final Plat Project No. H-2016-0086 Dear Mayor and Council: We have reviewed staff comments for the City Council meeting of September 6, 2016, and have the following responses: VI. SITE SPECIFIC CONDITIONS 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. a. The instrument number will be added, b. The instrument number will be added. 5. The applicant is in agreement. 6. The applicant will comply. 7. Understood. 8. Understood 9. Understood. 10. The applicant understands Zone 5 improvements are necessary for service to the phase. 11. Understood. VII. GENERAL REQUIREMENTS 1. The applicant will comply. 2. The applicant will comply. 3. Understood. 4. The applicant will comply. 1029 N. Rosario Street, Suite 100 Meridian, ID 83642 Phone: (208) 938-0980 Fax: (208) 938-0941 E-mail: es-beckym@qwestoffice.net 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. Understood. 9. The applicant will comply. 10. Understood. 11. Understood. 12. The applicant will comply. 13. Understood. 14. The applicant will comply. 15. The engineer's certification was submitted with the final plat application. 16. The applicant will comply. 17. The applicant will comply. 18. Understood. 19. The applicant will comply. 20. Understood. 21. The applicant will comply. 22. The applicant will comply. 23. The applicant will comply. Thank you for your review of this project. Please feel free to call me if you have additional comments or questions. Sincerely, Engineering Solutions, LLP , , . c (y f- ^ Becky McKay Planner BM:ss Meridian City Council Meeting /I DATE: September 27, 2016 ITEM NUMBER: �tdl PROJECT NUMBER: H-2016-0109 ITEM TITLE: Swindell Subdivision Final Plat for Swindell Subdivision (H-2016-0109) by Volante Investments, LLLP Located at Northwest Corner of East Overland Road and South Locust Grove Road Request: Final Plat Consisting of Seven (7) Building Lots, One (1) Common Lot and One (1) Other Lot on 20.03 Acres of Land in the C -C and C -G Zoning Districts. MEETING NOTES Yf 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 l N DATE: September 27, 2016 ITEM NUMBER: 5K PROJECT NUMBER: H-2016-0110 ITEM TITLE: Bancroft Square Final Plat for Bancroft Square (H-2016-01 10) by Schultz Development Located at 2750 S Eagle Road Request: A Final Plat Consisting of Thirty -Three (33) Building Lots and Five (5) Common Lots on 5.41 Acres of Land in the R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting E-1 DATE: September 27, 2016 ITEM NUMBER: .7i PROJECT NUMBER: H-2016-0092 ITEM TITLE: Hill's Century Farm Commercial Public Hearing for Hill's Century Farm Commercial (H-2016-0092) by Martin Hill Located 3625 E. Amity Road 1. Request: Preliminary Plat Approval Consisting of Twenty (20) Building Lots on 19.73 Acres of Land in a C -N Zoning District 2. Request: Modification to the Development Agreement to Include a Detailed Site Plan and Modification of Certain Provisions MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: September 27, 2016 Item # -ITK Project Number: H-2016-0092 Project Name: Please print your name CITY CLERKS OFFICE Hill's Century Farm Commercial For I Against I Neutral Do you wish to testifv (Y/N) Meridian City Council Meeting X13 DATE: September 27, 2016 ITEM NUMBER: -7-B PROJECT NUMBER: H-2016-0108 ITEM TITLE: Avebury Subdivision Final Plat for Avebury Subdivision (H-2016-0108) By Avebury Development, LLC located North Side of East Pine Avenue and the West of North Locust Grove Road 1. Request: Final Plat Consisting of Fourteen (14) Single Family Residential Lots and Four (4) Common Lots on Approximately Three (3) Acres in the R-15 Zoning District 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 C DATE: September 27, 2016 ITEM NUMBER: 7-C PROJECT NUMBER: ITEM TITLE: Public Hearing for CDBG PY 2015 Substantial Amendment (Public Service) 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 Community Development Block Grant Substantial Amendment Public Hearing Reallocation of Funds (CATCH to Meridian Food Bank) Situation: CATCH is unable to expend their entire allocation of $13,200 for Case Management HUD restrictions are a barrier (definition of homelessness) Meridian Food Bank can absorb and expend Within the Public Service cap of 15% Leverage with bulk-purchase/coupon agreements Substantial Amendment to PY2015 Action Plan August 23rd opened the public comment period for the Substantial Amendment. Tonight: Public Hearing on Substantial Amendment. No comments received to date. Staff Recommendation: Close public hearing and approve the reallocation of $10,000 from CATCH Activity to the Meridian Food Bank Activity for PY2015 (CATCH to expend $3,200) Substantial Amendment to PY2015 Action Plan Date: CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET �G September 27, 2016 Item # __7C Project Number: Project Name: Please print your name CITY OF041 CITY CLERKS CDBG PY 2015 Substantial Amendment For I Against I Neutral Do you wish to testifv (Y/N) Meridian City Council Meeting � p DATE: September 27, 2016 ITEM NUMBER: 76 PROJECT NUMBER: ITEM TITLE: CDBG PY 2015 Substantial Amendment (Public Service) to the Action Plan MEETING NOTES PCd,MeIr- AID 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 9-F DATE: September 27, 2016 ITEM NUMBER: Tff PROJECT NUMBER: ITEM TITLE: Meridian Comprehensive Plan Public Hearing for 2016 City of Meridian Comprehensive Plan Map and Text Amendment (H-2016-0098) by City of Meridian 1. Request: Amend the Future Land Use Map (FLUM) and Text of the City of Meridian Comprehensive Plan as Follows: 1) Update the Future Land Use Map (FLUM) So That it Represents the Built Environment and Existing Land uses; and 2) Update Various Text Through -Out the Document and the Goals, Objectives and Action Items 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 2016 Comprehensive Plan & Future Land Use Map Update City Council September 23, 2016 Project History •The previous Comprehensive Plan was reformatted, refreshed, and adopted April 19, 2011 •Yearly review of policy statements; including several text amendments •First City –initiated Map amendment since 2012 (South Meridian) Description of Application •Text Changes –Mostly cleanup, updated references, or to inform current efforts •Policy Statement Changes (Goals, Objectives, and Action Items) –Mostly cleanup and status updates •Future Land Use Map Changes –Mostly cleanup and intended to improve consistency Text Revision Sample(s) Page Text Revision Comment Chapter 1, Page 2 The Meridian Comprehensive Plan is an official policy guide for decisions concerning the physical development of the community. The Plan establishes goals, objectives and action items to implement the City’s policies regarding growth. The Plan works in concert with City Code and other planning-related documents like the City’s Strategic Plan, the City’s Sewer and Water Master Plans, the Comprehensive Parks and Recreation System Master Plan, and Capital Improvement Plans. It is also used in conjunction with each City department’s strategic plan and action plan. The Plan is not a set of standards or a means to enforce City Code. Instead, it indicates, in a general way, how the community should develop. Changes to add strategic plan to list go guiding documents, and to change the name of the Parks and Recreation master Plan. Chapter 6, Page 77 Enrollment growth has placed tremendous demands on schools in recent past. Since 2000, the District has opened eight elementary schools, three middle schools, one alternative middle school, two high schools, and one alternative high school. In the past ten years, Meridian West Ada School District has opened schools at a faster pace than any dDistrict in the history of the state of Idaho. With an additional 1,000 students per year projected to move into the dDistrict, this rate of new school construction is expected to continue into the foreseeable future. Land acquisition for future school sites within Meridian West Ada School District are based upon the following acreage standards: Text changes to change the name of West Ada School District from previous official names and short names. Underline represents new text, while strike-through is removal of existing text Policy Statement Revision Sample(s) I.D. Goals / Objectives / Action Items Priority Responsible Lead Support 1 Additional Comments provided by Departments. 2.01.02D Use the Comprehensive Plan, the Unified Development Code, and the Architectural Standards Design Manual to discourage strip development, and encourage clustered, landscaped business or residential development on entryway corridors. On-going Community Development Change to ASM 2.01.04B Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets, and to positively influence the physical and visual environment through screening, paving materials, and other landscape techniques. On-going Community Development This change is to memorialize and incorporate a previous Design Manual guideline, # B- 1.5.2.1. This was a site design guideline that was not appropriate for the new Architectural Standards Manual. 3.02.01E Actively involve West Ada Joint School District No. 2 in subdivision site selection with developer before processing applications (pre-application meetings). On-going Community Development JSD#2 name change to West Ada 4.04.01H Develop programs with the Meridian Development Corporation to encourage and support development of the arts, cultural and educational facilities in Old Town. On-going Finance Mayor's Office Mayor's Office Legal is no longer direct staff support for MAC/HPC Underline represents new text, while strike-through is removal of existing text Future Land Use Map Revision Sample(s) Ea g l e R d Overland Rd Future Land Use Changes •Red and Green highlighted areas were changes processed by Ada County to Meridian’s Area of City Impact (AOCI). •Blue highlighted area was changed from Medium Density Residential to Civic. This was for consistency to match other older school sites shown with a Civic land use. Next Steps •On September 1st the Planning & Zoning Commission recommended this application to City Council for approval. •Tonight, City staff are requesting approval of both the text and map changes proposed for the Comp Plan •Next year: –Annual review of policy statements; and –Update Existing Conditions Report, which is an addendum to the Comp Plan. QUESTIONS 1 Description of Future Land Use Map Changes (H-2016-0098) The following is a description of proposed changes to the Future Land Use Map. These changes are intended to better reflect the existing and built environment, and to more consistently represent existing land uses. Reviewing these descriptions alongside with the attached “working” land use map below may be useful. Please note that the temporary legend and the referenced symbology on this map is not intended for the final document, and exists only to highlight changes. To see what the final version will look like, please reference the “final” land use map included with the amended City of Meridian Comprehensive Plan. Map Changes Nearest Roadway Major Intersection Description of Change Comment North of Chinden and Black Cat Add Medium Low Density Residential In 2008 the County processed a change to add this region to Meridian’s Area of City Impact. A small area isolated area within this change never had a land use appropriately applied. North of Chinden and Black Cat Add Civic to lands near the Boise River The County has previously processed a change to add this region to Meridian’s Area of City Impact. South-west of Chinden and Black McDermott Add a future Park halo The Parks & Recreation Department has indicated that there may need to be in future park in this area at some point in the City’s future.. West side of Map Area Add the future State Highway 16 alignment and supporting road network as part of “Future Roadway” information This information is helpful to understand how planned improvements will impact existing roadways and future development in this area of Meridian. East side of Chinden and Meridian Remove Future Park symbol There is no planned park here and no location for it, per the Parks Dept. See note below. South-west of Chinden and Meridian Add Future Park symbol There is potential for a future park in this area, per the Parks Dept. South-east of Ustick and Black Cat Change Civic to Medium Density Residential in Lake at Cherry Lan Sub This change is intended to reflect existing homes currently shown under a civic land use. South-east of Ustick and Linder Change Medium Density Residential to Civic This change is intended to reflect the location of an existing pathway and open space corridor connecting the shown open space corridor with Tully Park (shown). 2 Nearest Roadway Major Intersection Description of Change Comment East of McDermott and Cherry Change from Low Density Residential to Civic This change is to reflect City owned property intended for development of a future park (Borup Park). East of Cherry and Ten Mile Add existing school overlay symbol This is an existing charter school (COMPASS) and the intent is to show what the Civic land use is. North-west of Pine and Linder Change from Medium and Medium High Density Residential to Civic at two (2) locations. This change is intended to reflect ownership of these areas by West Ada School District, in areas with constructed improvements (ball fields and tennis courts). North-east of Fairview and Eagle Remove future school symbol There are no plans and no land for development of a school in this area (Kleiner Park). North-east of Fairview and Eagle Change from Mixed Use Regional to Civic This change is to consistently show parks as a Civic land use on the Future Land Use Map (Kleiner Park). South-west of Locust Grove and Franklin Remove existing park symbol The small bark park which this symbol used to represent is no longer located here, and now exists at Storey Park. South-east of Linder and Franklin Change Commercial to Medium Density Residential This property is owned by the adjacent residential subdivision HOA, and is not a commercial property. North-west of Locust Grove and Interstate-84 Add existing school symbol This used to be a commercial property but is now under joint ownership by West Ada School District and Idaho State University. The property has several schools. South-east of Linder and Pine Remove future park symbol There is no plan for a park in this area. The existing school utilizes all of the available open space. Per Parks Dept. North-west of Locust Grove and Interstate-84 Change Commercial to Civic This used to be a commercial property but is now under joint ownership by West Ada School District and Idaho State University South-east of Overland and Eagle along Area of Impact line Remove Medium Density Residential land use area The County processed a change to remove this area from Meridian’s Area of City Impact. This area is already developed and serviced by Boise (Muir Woods). 3 Nearest Roadway Major Intersection Description of Change Comment South-east of Overland and Eagle along Area of Impact line Add Low Density Residential land use area The County processed a change to add this region to Meridian’s Area of City Impact. This area is part of a larger County subdivision already within Meridian’s Area of City Impact (Ranchos Los Altos). South-east of Victory and Eagle Remove Low Density Residential land use area The County processed a change to remove this region from Meridian’s Area of City Impact. This larger area and property ownership is within Boise’s Area of City Impact. South-west of Overland and Meridian Change Medium Density Residential to Civic and add existing school symbol This property is currently being developed as a new West Ada Middle School, and the change is intended to more consistently show school properties under Civic land uses. North-west of Victory and Meridian Change Low Density Residential to Office This change is intended to reflect a larger area of existing and developing office uses, currently shown under a residential land use. These properties developed under a PUD within a residential land use area (Strada Bellissima). South-east of Victory and Meridian Remove the “N.C.” or Neighborhood Commercial overlay from this Mixed Use Neighborhood land use. This area, under Council approval, has developed without elements central to the idea of Neighborhood Commercial, and does not in fact include any commercial or office uses. There is still a mix of residential uses and one church with L-O zoning. South-east of Victory and Meridian Remove future school symbol There is no longer any school facility planned within this area (Per West Ada School District). South-west of Victory and Eagle Change Medium Density Residential to Civic This change is intended to more consistently reflect ownership and development of a school by the West Ada School District (Siena Elementary School). North-east of Black Cat and Amity Add a future Fire Station halo The Fire Department has indicated that there will need to be a new Fire Station in this area at some point in the City’s future. 4 Nearest Roadway Major Intersection Description of Change Comment South-west of Victory and Ten Mile Add a future Park halo The Parks & Recreation Department has indicated that there may need to be in future park in this area at some point in the City’s future. South-east of Victory and Ten Mile Add a future Park halo The Parks & Recreation Department has indicated that there may need to be in future park in this area at some point in the City’s future.. South-west of Amity and Eagle Remove Park halo There is no plan for a public park in this area. Open space available would be in close proximity to the Future Lake Hazel park (Per Parks Dept). South-east of Amity and Eagle Add a future Park halo The Parks and Recreation Department is planning on a partnership with West Ada school site in this area. South-east of Lake Hazel and Eagle, immediately south of Lake Hazel Remove Civic The County processed a change to remove this area from Meridian’s Area of City Impact (Boise Ranch Golf Club). South-east of Lake Hazel and Eagle Remove Low Density Residential If the golf course north of this this does not redevelop within Meridian, terrain and access for this area is difficult to provide services. 5 Working Land Use Map 1 Detailed Text Changes (H-2016-0098) The proposed additions and changes to the City of Meridian Comprehensive Plan are highlighted below; underline represents new text, while strike-through is removal of existing text. The first section describes changes to the text of the Comprehensive Plan, and the second to the Goals, Objectives, and Action Items in the Comprehensive Plan (policy statements). Underline and strikethrough list of changes to Comprehensive Plan Location Text Comment Chapter 1, Page 2 The Meridian Comprehensive Plan is an official policy guide for decisions concerning the physical development of the community. The Plan establishes goals, objectives and action items to implement the City’s policies regarding growth. The Plan works in concert with City Code and other planning-related documents like the City’s Strategic Plan, the City’s Sewer and Water Master Plans, the Comprehensive Parks and Recreation System Master Plan, and Capital Improvement Plans. It is also used in conjunction with each City department’s strategic plan and action plan. The Plan is not a set of standards or a means to enforce City Code. Instead, it indicates, in a general way, how the community should develop. Changes to add strategic plan to list go guiding documents, and to change the name of the Parks and Recreation master Plan. Chapter 2, Page 7 The City adopted a Design Manual by Resolution Number 09-647 on January 27th, 2009 as an addendum to the City’s Comprehensive Plan. On February 16th, 2016, the City replaced the Design Manual with an Architectural Standards Manual (ASM). The ASM The Design Manual includes guidelines standards and a that are part of the citywide design review process that encourages the aesthetic development of the physical and built environment and results in an attractive, livable community. For their parts in the design review process, the ASM focuses on building design and the Unified Development Code on site design. Since adopting the ASM changed City process, staff felt it was important to reflect that in this update. Chapter 3, Page 18 However, we the City recognizes that some development may precede the ability of the City, on its own, to extend services for such development. Upon formal requests to the City for development that is on property not immediately serviceable with urban services, the City Council may consider said applications at a noticed meeting to determine if the proposed level of development is appropriate and in the best interests of the City. Grammatical correction Chapter 3, Page 19 Ada County will issue no building permit for said development(s) unless or until the applicant for such building permit provides documentation that park impact fees required by the City of Meridian have been collected or waived by the City of Meridian. This text is not accurate and in recent memory, has never been the case. 2 Location Text Comment Chapter 3, Page 19 The City recognizes that some development may precede our ability to annex the property. Developments within the AOCI but outside City limits will only be considered if the following standards and conditions are agreed to by the developer(s): • The development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development. • An irrevocable consent to annexation is a condition of hook-up to City sanitary sewer or water, is made a deed restriction on all buildable lots, and is placed as a note on all final plats. • All City sewer and water inspection and plan review fees (for the main lines) in effect at the time of development are paid to the City of Meridian. • Development is consistent with the Future Land Use Map designation for the property. The City of Meridian is committed to fulfilling the terms of its Area of City Impact Agreement with Ada County as well as similar agreements with neighboring cities including Eagle, Kuna, Star, and Boise. We also note the City’s intent to continue working with the County and surrounding cities on Area of City Impact boundaries and development policies. These changes reflects current practice. Chapter 3, Page 21 High Density: to allow for the development of multi-family homes in areas where urban services are provided. Residential gross densities may should exceed fifteen dwelling units per acre. Development might include duplexes, apartment buildings, townhouses, and other multi-unit structures. A desirable project would consider the placement of parking areas, fences, berms, and other landscaping features to serve as buffers between neighboring uses. Developments need to incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate high quality architectural design and materials and thoughtful site design that incorporate connectivity with adjacent uses and area pathways, attractive landscaping and individual project identity. There are always exceptions, but densities less than 15 units/acre are targeted for the Medium High Density Future Land Use. High Density should be 15 units/acre or higher. 3 Location Text Comment Chapter 3, Page 22 This designation includes the historic downtown and the true community center. The boundary of the Old Town district predominantly follows Meridian’s historic plat boundaries. In several areas, both sides of a street were incorporated into the boundary to encourage similar uses and complimentary design of the facing houses and buildings. Sample uses include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses are also envisioned and could include reuse of existing buildings, new construction of multi-family residential over ground floor retail or office uses. In order to provide and accommodate preservation of the historic character, tThe City has developed specific Design architectural Guidelines standards for this area Old Town and other traditional neighborhood areas. Pedestrian amenities are emphasized in Old Town via streetscape standards. Public investment that ensures that Old Town becomes a centralized activity center, with public, cultural, and recreational structures are encouraged, and the City’s decision to build the new City Hall in Old Town is testament to its commitment to the area. Changes to reflect existing policy and adopted standards. Chapter 3, Page 41 The City has also adopted the Downtown Meridian Street Cross-section Master Plan, which is intended to preserve for and work towards long-term connectivity and streetscape improvements. New paragraph at the end of the Downtown Transportation Network section, and is intended to reflect existing policy, Chapter 5, Page 68 Fortunately, very few natural or man-made hazards exist within the City of Meridian and its Area of City Impact. Without large industrial complexes, airports, petroleum tank farms and other uses which generate safety and pollution concerns, the City is relatively free of hazardous areas. As more development occurs however, safety concerns and hazardous areas will likely increase from more service stations, increased traffic, and storage of hazardous chemicals associated with certain businesses. While federal regulations provide protection to a degree, as development increases, so will the potential for spills, accidents, and fires. The City coordinates with Ada County Emergency Management on natural hazard disaster preparedness, response, and mitigation and is a plan participant in the Ada County Hazard Mitigation Plan. Text additions made to reflect current emergency management participation efforts. Chapter 6, Page 77 Public school facilities in the City of Meridian are part of the Joint West Ada School District No. 2 (aka Meridian School District), which serves an area larger than the City of Meridian and its Area of City Impact. The dDistrict covers 384 square miles and serves the cities of Meridian, Star, Eagle, western and south- western portions of Boise, part of Garden City, and the unincorporated areas of Ada County that lie between these municipalities. In total, there are 31 elementary schools, 9 middle schools, 5 comprehensive high schools, 2 alternative high schools, 1 charter high school, and 1 magnet high school throughout Meridian the West Ada School District. Text changes to change the name of West Ada School District from previous official names and short names. 4 Location Text Comment Chapter 6, Page 77 Enrollment growth has placed tremendous demands on schools in recent past. Since 2000, the District has opened eight elementary schools, three middle schools, one alternative middle school, two high schools, and one alternative high school. In the past ten years, Meridian West Ada School District has opened schools at a faster pace than any dDistrict in the history of the state of Idaho. With an additional 1,000 students per year projected to move into the dDistrict, this rate of new school construction is expected to continue into the foreseeable future. Land acquisition for future school sites within Meridian West Ada School District are based upon the following acreage standards: Text changes to change the name of West Ada School District from previous official names and short names. Chapter 6, Page 78 Based on past trends, Meridian West Ada School District estimates that approximately 1,000 acres of land will be needed within the City of Meridian’s Area of City Impact to meet the needs of all existing and projected K-12 students. As shown on the Future Land Use Map, about one elementary school is projected within each square mile of the City. Depending upon the residential density of an area and other build-out factors, the District estimates that it will need at least one middle school for every two to two and a half square miles and one high school for every three square miles of fully developed land. Text changes to change the name of West Ada School District from previous official names and short names. Chapter 6, Page 79 The City of Meridian Parks and Recreation Department is the primary recreation service provider for Meridian. Quality parks, recreation facilities, activities and programs are considered by most Meridian residents to be vital in promoting overall quality of life. The Parks and Recreation Department is responsible for maintaining public open spaces and providing a quality system of parks and recreation facilities and positive leisure opportunities available to all persons in the community. The Department is also responsible for the development and maintenance of the pathways system and urban forest. Parks and Recreation also offers a variety of recreational programs, adult sports leagues, special events, and handles shelter/field reservations and temporary use permits. Meridian parks and recreation facilities and recreational programs provide residents with safe outlets for entertainment, exercise, social activities, and learning opportunities. Meridian parks and recreation facilities provide residents with safe outlets for entertainment, exercise, social activities, and learning opportunities. Further, parks and open space help to regulate air quality and climate, counter the warming effects of paved surfaces, recharge groundwater and protect lakes and streams from polluted runoff. As such, they are directly and indirectly beneficial to all Meridian residents regardless of personal use. Text changes to reflect direction from recently adopted Parks and Recreation Master Plan. Chapter 6, Page 79 The City also seeks to continue expanding its pathway system by coordinating new projects with regional partners, and providing safe, tightly integrated pathways linking popular destinations such as schools and parks to neighborhood centers. Therefore, the City’s Parks and Recreation Master Plan Comprehensive Parks and Recreation System Plan (CPRSP) and Pathways Master Plan should be used when evaluating proposed development for consistency with the City’s plans. Change to reflect new name for Parks and Recreation Master Plan 5 Location Text Comment Chapter 6, Page 80 Meridian envisions a vibrant arts and entertainment scene that integrates the arts experience into everyday life and enhances the spirit of the City. As part of its commitment to raising awareness of existing opportunities and providing new offerings to experience art, the City created the Meridian Arts Commission (MAC) in 2006. MAC wants to ensure continued access to a variety of offerings for all residents, regardless of age, race, or ability. In addition to supporting the arts, the City seeks to continue its encouragement of Community Events. Programs such as the Dairy Days Festival, Chili Cook-Off, Firefighter’s Salmon BBQ, Free Family Fishing Day, the Meridian Symphony Orchaestra, and others are vital to community well being. The continued availability of a variety of social opportunities is essential in promoting community for all residents. Other opportunities to support new facilities for community enrichment, education, and outreach should be explored. Text correction Chapter 6, Page 81 Meridian uses the Mayor-Council form of local government. The job of the City Council, which includes the Mayor, is to adopt codes that govern the City in addition to applicable state and federal laws, create an annual budget, and oversee all of the City’s fiscal matters. The City of Meridian promotes citizen involvement in government by inviting residents to serve on a variety of boards, commissions, and committees designed to assist City leaders in information gathering and deliberative processes. Some of the volunteer boards and commission in Meridian are: Parks & Recreation Commission, Planning & Zoning Commission, Meridian Arts Commission, Historical Preservation Commission, Traffic Safety Commission, Meridian Transportation Task Force, Impact Fee Advisory Committee, Solid Waste Advisory Commission and the Mayor’s Youth Advisory Council. Text changes to reflect current commission and task force opportunities Chapter 7, Page 87 One of the key ways that the Comprehensive Plan becomes an improved tool for growth is to align it with other established plans and goals for the City. The specific plans and documents that are adopted as part of the Comprehensive Plan include: the Existing Conditions Report, the Ten Mile Interchange Specific Area Plan, the City of Meridian Strategic Plan, the Design Architectural Standards Manual, the Comprehensive Parks and Recreation System Plan, the Meridian Pathways Master Plan, Downtown Meridian Street Cross-section Master Plan, Destination Downtown, Communities in Motion, ACHD’s Roadways to Bikeways Bicycle Master Plan, and the Master Street Map, Complete Streets Policy, and the Livable Street Design Guide from ACHD’s Transportation and Land Use Integration Plan (TLIP), and the Ada County Emergency Plans and Natural Hazard Mitigation Plan. The City hereby adopts as addenda to the Comprehensive Plan the versions of these documents in effect at the time the Comprehensive Plan is approved by the City Council, and as amended. Text change to reference previously enacted plans, policy, and Ada County Emergency Plans. Chapter 7, Page 87 The Comprehensive Plan has a symbiotic relationship with and works in concert with City Code, the City’s Community Development Block Grant Consolidated Plan, the City’s Energy Efficiency and Conservation Strategy, the City’s Sewer and Water Master Plans, other department master plans, capital improvement plans, and various transportation plans and studies. It is also used in conjunction with each City department’s strategic plan, action plan, and annual employee performance appraisal Position Accountability Definition (PAD’s). Change to reflect annual employee review process. 6 Underline and strikethrough list of changes to GOA. Additions or revisions to the Support 1 and Support 2 columns are not official changes as they are not included within the City’s Comprehensive Plan, and are for internal use only. Some items may have no revisions and are only listed as status updates. For a complete list of all Goals, Objectives, and Action Items (GOA) with all changes, see the attached City of Meridian Comprehensive Plan which includes all proposed changes. I.D. Goals / Objectives / Action Items Priority Responsible Lead Support 1 Support 2 Additional Comments provided by Departments. 2.01.01G Develop programs, in partnership with allied agency responders, which focus on preventative emergency medical services risk reduction. High Fire [New] Fire request 2.01.02D Use the Comprehensive Plan, the Unified Development Code, and the Architectural Standards Design Manual to discourage strip development, and encourage clustered, landscaped business or residential development on entryway corridors. On-going Community Development Change to ASM 2.01.03C Continue supporting community-betterment activities such as "Old Town Community Cleanup" and "Rake Up Meridian." On-going Police Mayor's Office Mayor's Office Mayor’s Office request 2.01.03H Budget for the construction of Welcome signs throughout the City. Medium Community Development Mayor's Office Mayor's Office Mayor’s Office request 2.01.04B Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets, and to positively influence the physical and visual environment through screening, paving materials, and other landscape techniques. On-going Community Development This change is to memorialize and incorporate a previous Design Manual guideline, # B- 1.5.2.1. This was a site design guideline that was not appropriate for the new Architectural Standards Manual. 2.01.04E [Removed] Evaluate with Ada County the ability to have homeowners' exemption status applied immediately for purchased homes that were either vacant, rental, or foreclosure properties. NA High NA Community Development Discussed with County several years ago and no. 7 I.D. Goals / Objectives / Action Items Priority Responsible Lead Support 1 Support 2 Additional Comments provided by Departments. 3.01.01E Develop incentives that encourage utilization of unimproved or underdeveloped land within City limits in order to maximize public investments, and curtail urban sprawl. Medium Community Development Finance [No text change] Added Finance to support 3.01.01J Work with transportation agencies and private property owners to preserve transportation corridors, future transit routes and infrastructure, road and highway extensions, and to facilitate access management planning; use COMPASS' Access Management Toolkit. On-going Community Development We don't use access management toolkit. 3.01.02B Establish incentives for new commercial development within under-utilized existing commercial areas. Highest Community Development Finance [No text change] Added Finance to support 3.01.02E [Removed] Coordinate with ACHD and Ada County to ensure policies and regulations are consistent with the 2011 Airport- Overland Study. Ensure that development accommodates the Overland Road extension, west of Ten Mile. NA High NA Community Development Completed. We have an on- going for this. 3.03.02C 3.02.01A Coordinate population and household projections keeping school sites in mind. On-going Community Development Finance [No text change] Added Finance to support 3.02.01E Actively involve West Ada Joint School District No. 2 in subdivision site selection with developer before processing applications (pre-application meetings). On-going Community Development JSD#2 name change to West Ada 3.02.01F Work with West Ada Joint School District No. 2 so elementary schools are sited in locations that are safe for the children, easily accessible by automobile, transit, walking and bicycle. Elementary schools should not be "hidden" within subdivisions or otherwise made inaccessible to the public. On-going Community Development JSD#2 name change to West Ada 3.02.01H Work with ACHD, ITD and West Ada Joint School District No. 2 to establish and map safe bicycle and pedestrian routes to schools. On-going Community Development JSD#2 name change to West Ada 8 I.D. Goals / Objectives / Action Items Priority Responsible Lead Support 1 Support 2 Additional Comments provided by Departments. 3.02.01I Assist West Ada Joint School District No. 2 as needed in identifying future school sites, including by providing information about potential developments and future land uses. On-going Community Development JSD#2 name change to West Ada 3.03.01B Support VRT’s efforts to construct a multi-modal transit center downtown. Medium High Community Development There have been no efforts in years, but we would when conditions are appropriate. 3.03.01C Improve ingress and egress (both pedestrian and vehicle) in Old Town. On-going Highest Community Development This should change to on- going. 3.03.01D Pursue the extension of Idaho Ave and/or Broadway Ave to Commercial Drive. Support split corridor traffic pattern downtown, using Main Street and Meridian Road. Medium On-going Community Development Split corridor built and done. Reference the next element in Downtown Meridian Transportation Management Plan instead. 3.03.01E Pursue construction of the City’s pathway network to and through downtown. On-going Medium Parks Parks request. 3.03.01F Pursue bicycle routes/lanes to and through downtown. On-going Highest Community Development Pine project will resolve largest gap. Completion of east 3rd the next hurdle. 3.03.01G Work with ACHD to implement projects from the Downtown Meridian Pedestrian and Bicycle survey. On-going Highest Community Development This plan is done and referenced as needed. 3.03.02A Work with COMPASS, ACHD, ITD and other regional partners to develop and manage a well-planned, sustainable, multi- modal transportation system. On-going Medium Community Development This is more of an on-going. 3.03.02B Pursue the extension of East 3rd Street from Fairview to Pine and a future signal at East 3rd Street / Fairview. Medium Low Community Development With development interests around the area we should up the priority of this. 9 I.D. Goals / Objectives / Action Items Priority Responsible Lead Support 1 Support 2 Additional Comments provided by Departments. 3.03.02E Develop continuous pedestrian walkways within the downtown area. On-going Medium Community Development Efforts are on-going. 3.03.02H Encourage and promote the development of an overpass at the intersection of Linder Road and I-84 by ITD and ACHD. The overpass should accommodate pedestrians. Medium High Community Development The priority here does not reflect City’s yearly prioritization for roadways. 3.03.02I Encourage and promote the development of an interchange at the intersection of McDermott Road / SH-16 Road extension and I-84 by ITD. Medium On-going Community Development Shown on Dept. maps and preserved for. 3.03.02J Encourage and promote construction of the Eagle Road cCorridor improvements by ITD. On-going Community Development Work is on-going 3.03.02K [Removed] Encourage and promote the reconstruction of the Meridian Road Interchange by ITD. NA Highest NA Community Development This is done 3.03.02L Encourage and promote the preservation and expansion of Chinden Boulevard (US 20/26) by ITD. Highest Medium Community Development Actively discussing and coordinating. 3.03.02M [Removed] Identify at least one neighborhood per year to work with to submit an application to the ACHD Neighborhood Enhancement Program for traffic-calming measures and/or sidewalk improvements. NA On-going NA Community Development No longer applicable 3.03.02P Require the improving and maintaining of landscaping along public rights-of-way and landscaping of dedicated but unimproved rights-of-way strips. On-going Community Development Text clarification 3.03.02Q Consider needed sidewalk, pathway, and lighting improvements the Eagle Road Corridor Study along with in all land-use decisions along SH-55. On-going Community Development Plan is no longer relevant, but connectivity improvements still needed. 3.03.02R Improve coordination Refine procedures for coordinating with ACHD, ITD, VRT, COMPASS and developers in addressing transportation issues and needs before public hearings. Highest Community Development Text clarification 10 I.D. Goals / Objectives / Action Items Priority Responsible Lead Support 1 Support 2 Additional Comments provided by Departments. 3.03.02S Work with ACHD, neighborhoods, and the city's Transportation Commission to promote traffic calming and safety where problems exist. On-going Highest Community Development Work is on-going 3.03.03E Except in North Meridian and the Ten Mile Specific Area, where a specific collector system is planned, realize continuous, grid-like collectors at regular intervals around the north-south and east-west half-mile lines within the undeveloped sections of Meridian's Area of City Impact at the time of new development. Such collectors should be the primary designated bike lane routes in lieu of arterial streets, whenever possible. On-going Community Development Grid-like is a unique description that may represent section mile roads, but not curvilinear collectors. Regular intervals (e.g. 1/4 and 1/2), yes. 3.03.04A Support COMPASS efforts to study the Union Pacific Railroad (UPRR) corridor for multi-use pathway and mass transit. On-going Community Development Change to reflect more immediate pathway need 3.03.04B Explore Encourage additional mobility options for people who do not drive; use COMPASS' Mobility Management Checklist. Medium-High On-going Community Development Text clarification to not presuppose a need. 3.03.04D In cooperation with COMPASS, VRT, and ACHD, continue to investigate the opportunities for providing Park & Ride lots, shuttle buses, and other forms of alternative transportation. On-going Community Development Add additional partners 3.03.04G Work with COMPASS and VRT on bringing public bus transportation to and through Meridian. Medium On-going Community Development Text clarification to not presuppose one solution. 3.03.04H Work with ACHD, COMPASS, and VRT to iIdentify two to four specific parcels for future park & ride lots and/or transit stations. Medium Community Development Text change to be more general. 3.03.04K Consider ACHD's MSM (Master Street Map) Roadways to Bikeways Plan in all land use decisions. On-going Community Development Change to reference more applicable policy reference. 3.04.01A [Removed] Evaluate potential for impact fees for lighting, landscaping, pathways and other pedestrian facilities. NA Medium NA Parks Community Development Parks Dept. indicated that pathways, landscaping and pedestrian facilities are not impact fee eligible. 11 I.D. Goals / Objectives / Action Items Priority Responsible Lead Support 1 Support 2 Additional Comments provided by Departments. 3.04.01J Regularly assess law enforcement and emergency service needs. Annually assess and compare response times to adopted standards for identification of needed growth. On-going Police / Fire Fire request – text clarification. 3.04.01M [Removed] Create a future facilities map that identifies areas for new public facilities. NA Highest NA Community Development Previous Council did not want. 3.05.02G Evaluate the need for Require new residential development to provide permanent perimeter fencing, and fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. On-going Community Development This is not always black and white; there are also alternatives. 3.05.03D Coordinate with Ada County and establish and maintain an Area of City Impact Agreement, to ensure that rural areas are developed in accordance with all applicable provisions of this plan. On-going High Community Development Work is on-going 3.06.02G Develop incentives for high-density development along major transportation corridors to support public transportation system. Low Community Development Finance [No text change] Added Finance to support 3.07.01C Identify parts of Old Town to Ppromote for high density residential development in Old Town. High Community Development Old Town already allows high density, and there's also high density designations adjacent to it. 3.07.01F Provide incentives (density bonus, reduced open space requirements, less impact fees) for infill development. On-going Community Development Finance [No text change] Added Finance to support 3.07.01H Require an open housing market for all persons, regardless of protected class, ie: race, sex, age, religion, disability, handicap, family status or ethnic background. On-going High Legal This is not a one-time project, but an ongoing goal. 3.07.01I Develop incentives for a variety of housing types, suitable for various income groups. On-going Community Development Finance [No text change] Added Finance to support 12 I.D. Goals / Objectives / Action Items Priority Responsible Lead Support 1 Support 2 Additional Comments provided by Departments. 3.07.01K Look for incentives to encourage the development of accessible, single-family home designs. On-going Community Development Finance [No text change] Added Finance to support 3.07.01N Diversify and balance the location of up to 1,200 square foot housing throughout the City (e.g., avoid concentration of one housing type in a geographical area). LowOn-going Community Development This is very specific and intentional effort, not on-going 3.07.02E Use the Architectural Standards Manual Design Manual. On-going Community Development Change to reflect new name. 3.07.02M Evaluate the potential to use density transfers through Planned Unit Developments in exchange for school sites, open space dedications, or for access easements to linear open space corridors, which contain bicycle and/or pedestrian pathway systems. Medium On-going Community Development This is not on-going. It's a specific endeavor that we've not evaluated one-way or another. 3.07.02O Elevate quality of design for houses and apartments; Evaluate the need for design review guidelines for single-family homes, particularly in Old Town. Medium On-going Community Development This is not on-going. It's a specific endeavor that we've not evaluated one-way or another. 3.07.03B Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development. On-going Community Development Revisions to be more generic. Mobile only allowed in R-15. 4.01.01C Provide incentives and standards to attract high-quality businesses. High Economic Development Finance [No text change] Added Finance to support 4.04.01C Provide plazas and public areas for and integrate them as destinations that provide places for recreation, social gathering, and civic activities. On-going Community Development Modified to incorporate old Design Manual guideline (B- 1.6.3.1) that was not appropriate for the new Architectural Standards Manual, and preserved for integration into Comp Plan. 13 I.D. Goals / Objectives / Action Items Priority Responsible Lead Support 1 Support 2 Additional Comments provided by Departments. 4.04.01H Develop programs with the Meridian Development Corporation to encourage and support development of the arts, cultural and educational facilities in Old Town. On-going Finance Mayor's Office Mayor's Office Legal is no longer direct staff support for MAC/HPC 4.04.01I Develop incentives to encourage higher density housing throughout Old Town. Medium Community Development Finance [No text change] Added Finance to support 4.04.01O Implement the City of Meridian Design Standards and City of Meridian Architectural Standards Manual downtown design guidelines and standards that will ensure that downtown remains the historic center for mixed-use tourism, business, retail, residential, and governmental activities. On-going Community Development Revisions to reflect current plan and policy names. 4.04.01Q Support development that aligns with Promote the downtown districts identified in the Destination Downtown plan. Highest Community Development MDC’s role, but City can support. 4.04.01S Develop incentives to attract new and retain the existing institutional, commercial, and government facilities to remain/locate in Old Town. High Economic Development Finance [No text change] Added Finance to support 5.02.01A Develop incentives for the preservation and restoration of historic and architecturally significant buildings. Medium Community Development Finance [No text change] Added Finance to support 5.02.02A Coordinate with the Meridian Historic Preservation Commission to recommend restoration of historical buildings. Highest Community Development Finance H.P.C. [No text change] Added Finance and HPC as support 5.02.02B Investigate tax incentive programs for historic properties. Low Community Development Finance [No text change] Added Finance to support 5.02.02D Undertake programs that will increase the community's awareness of its heritage and the economic as well as aesthetic value of historic preservation. On-going Council Finance H.P.C. [No text change] Added Finance and HPC as support 14 I.D. Goals / Objectives / Action Items Priority Responsible Lead Support 1 Support 2 Additional Comments provided by Departments. 5.02.02E Conduct activities directed toward stimulating private and public investment in the restoration and preservation of historic buildings, outdoor spaces, and natural historic features. On-going Council Finance H.P.C. [No text change] Added Finance and HPC as support 5.02.02F Support the efforts of the Historic Preservation Commission to foster preservation and conservation. On-going Council Finance [No text change] Added Finance to support 5.02.02H Place informational plaque on historic structures and special sites. Highest Finance Legal H.P.C. Legal is no longer direct staff support for MAC/HPC 5.02.02I Seek funding services for grants to promote historic preservation. On-going Finance Legal H.P.C. Legal is no longer direct staff support for MAC/HPC 5.02.02L Provide funding to the Historic Preservation Commission through the City's annual budget. On-going Council Finance [No text change] Added Finance to support 5.02.02M Establish and maintain a system to survey and identify cultural and historical resources within City limits and maintain a local inventory of all identified sites, buildings and resources. Medium H.P.C. I.T. Finance [No text change] Added Finance to support 5.02.02N Develop City code to preserve and protect historic and culturally significant structures and sites. Lowest Community Development Finance H.P.C. [No text change] Added Finance to support 5.02.02Q Encourage events and activities that celebrate the cultural heritage of Meridian. On-going Mayor's Office Finance Historical Preservation Commission [No text change] Added Finance to support 5.03.01I [Removed] Educate design/builders, and small businesses about the benefits of selecting low greenhouse gas emitting products and appliances. NA Medium NA Community Development NA Public Works This was previously under Environmental. CD has no resources to do this. 5.04.01F Research and compile successfully-implemented, incentive- based energy conservation strategies for use in both residential and commercial settings, from other municipalities. Low Medium Community Development Public Works Previously under Environmental. CD has no resources for this, but keep as Low. 15 I.D. Goals / Objectives / Action Items Priority Responsible Lead Support 1 Support 2 Additional Comments provided by Departments. 5.05.01B Establish solid waste fees that encourage waste reduction and recycling ("pay as you throw"). On-going Council Finance [No text change] Added Finance to support 5.06.02C [Removed] Develop informational resources on green building strategies, and make available to the community. NA Medium NA Community Development This was previously under Environmental. CD has no resources to develop. 5.08.03D Encourage landscaping implementing the appropriate and attractive use of xeric, drought-tolerant plant species and non-plant materials to reduce maintenance and water consumption. On-going Community Development [New] This is from the old Design Manual (C-1.6.2.2.2), and was flagged as something not appropriate for the new Architectural Standards Manual, but to be kept as a policy statement in the Comp Plan. 6.02.01C Require adequate fees from new development to fund expansion of services. On-going Council Finance [No text change] Added Finance to support 6.02.02A Support joint use agreements with the West Ada Meridian Joint School District No. 2, Western Ada Recreation District, ACHD, irrigation districts, and other private and non-profit entities. On-going Council JSD#2 name change to West Ada 6.02.02B Communicate with essential service providers and local decision-makers to coordinate planning efforts and direction of growth. Service providers include but are not limited to: All City Departments, ITD, ACHD, COMPASS, VRT, Irrigation Districts, Western Ada Recreation District, Ada County, St. Luke's Hospital, St. Alphonsus Hospital, West Ada Joint School District No. 2, Meridian Library District, Idaho Power, Century Link, Intermountain Gas, Solid Waste, Emergency Medical Services (EMS), Idaho Department of Health and Welfare, Department of Environmental Quality, Central District Health Department, and U.S. Army Corps of Engineers. Highest Council JSD#2 name change to West Ada 16 I.D. Goals / Objectives / Action Items Priority Responsible Lead Support 1 Support 2 Additional Comments provided by Departments. 6.03.01A Provide both permanent and rotating works of art in City Hall and other public places. On-going Finance Mayor's Office Meridian Arts Commission Mayor's Office MAC staff support in Finance now 6.03.01C Utilize Evaluate and establish a percent for art ordinance funding to raise awareness and appreciation of the arts. Medium Finance Mayor's Office Meridian Arts Commission Mayor's Office Item is completed, but revised for implementation. Finance staff support MAC now. 6.03.01D Establish an Art and Cultural District High Medium Community Development Finance Changed to reflect stakeholder interest and efforts. Added Finance to support 6.03.01E Provide local artists opportunities to showcase their work. On-going Finance Mayor's Office Meridian Arts Commission Mayor's Office Finance staff support MAC now. 6.04.01A Develop and offer youth art opportunities at and after school. On-going Finance Mayor's Office Parks Mayor's Office Finance staff support MAC now. 6.04.01B Provide arts education for adults and seniors, and partner with other community organizations to support and encourage arts programs. On-going Finance Mayor's Office Parks Finance staff support MAC now. 6.04.01C Present a variety of performing arts locally. On-going Finance Mayor's Office Parks Mayor's Office Finance staff support MAC now. 6.04.01D Sponsor performing arts in partnership with community organizations. On-going Council Finance Meridian Arts Commission [No text change] Added Finance and MAC to support. 6.04.01E Raise awareness and promote existing arts offerings and artwork within the community. On-going Finance Mayor's Office Meridian Arts Commission Mayor's Office Finance staff support MAC now. 6.05.01E Maintain a Critical Task Analysis plan for Fire and Police responses within the jurisdiction Compose a hazard response plan with Fire and Police departments. High Police / Fire Fire request 6.05.01H Allocate resources to define, locate, map, and establish response plans for target hazards within the jurisdiction Define, locate, and map hazardous areas. High Fire Fire request 17 I.D. Goals / Objectives / Action Items Priority Responsible Lead Support 1 Support 2 Additional Comments provided by Departments. 6.05.01I Allocate resources to develop and implement Community Risk Reduction programs Compose and implement standards and mitigation measures for development near the Northwest Pipeline and the liquefied natural gas tank in northwest Meridian. Highest Fire Fire request. Duplicative with new text for 6.05.01H. 6.06.01A Conduct regular training with City staff to ensure that they properly adhere to and apply provisions of Idaho Code §67- 8003 in land use planning and development review processes. On-going High Legal This is on-going work. 7.01.01M Educate the public and advisory boards so that they understand the Comprehensive Plan's legal elements and intent. On-going High Legal This is on-going work. CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: September 27, 2016 Item # Project Number: H-2016-0098 Project Name: Please print your name CITY CLERKS City of Meridian Comprehensive Plan Map For Against Neutral Do you wish to testifv (Y/N) Meridian City Council Meeting R F DATE: September 27, 2016 ITEM NUMBER: PROJECT NUMBER: H-2016-0075 ITEM TITLE: Maddyn Village FUNIC Hearing for Maddyn Village - - y A I eam Land 'Consultants oca e West Side of N. Meridian Road, South of E. Ustick Road, North of W. Sedgewick Drive 1. Request: Annexation and Zoning of Approximately 10.398 Acres from the RUT Zoning District to the R-8 Zoning District (Approximately 6.874 Acres) to the R-15 Zoning District (Approximately 3.524 Acres) 2. Request: Preliminary Plat Approval Consisting of Twenty -Nine (29) Single -Family Residential Lots, Ten (10) Multi -Family Residential Lots and Five (5) Common Lots on Approximately 10.398 Acres in the Proposed R-8 and R-15 Zoning Districts Request: (-nnriitinnnl I Ice Permit fnr n Mi ilii-Fnmily fIPVPlnrnm,-nt C-'nncictinn of Fnrfv-Finht (ARI MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes g APPRQJED L11 c dJ; '0 j CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS C i t y C o u n c i l M e e t i n g S e p t e m b e r 2 7 , 2 0 1 6 It e m # 7 F : M a d d y n V i l l a g e S u b d i v i s i o n Zo n i n g M a p Si t e P l a n La n d s c a p e P l a n Bu i l d i n g E l e v a t i o n s Bu i l d i n g E l e v a t i o n s Ex i s t i n g R V G a r a g e Changes to Agenda: Item 7A: Hill's Century Farm Commercial (H-2016-0092) ® Applicant requests continuance to October 41" Item #7F: Maddyn Village (H-2016-0075) Application(s): ➢ Annexation and Zoning ➢ Preliminary Plat ➢ Conditional Use Permit Size of property, existing zoning, and location: This site consists of 10.40 acres of land, zoned RUT, located at 2975 and 3001 N. Meridian Road. Adjacent Land Use & Zoning: North: Parkview Christian Church and Spring Creek Assisted Living Facility, zoned L-0 East: N. Meridian Road; single-family residential properties zoned R-8. South: Single-family residential properties in Salisbury Lane Subdivision, zoned R-4 West: Single-family residential properties in Parkway Subdivision, zoned R-4 History: None Comprehensive Plan FLUM Designation: MDR Summary of Request: The applicant has submitted an application for annexation and zoning (AZ) of 10.40 acres of land, (6.9 acres with an R-8 zoning district and 3.5 acres with an R-15 zoning district); a preliminary plat (PP) consisting of twenty-nine (29) single- family residential lots, ten (10) multi -family residential lots and six (6) common lots on approximately 10.4 acres in the proposed R-8 and R-15 zoning districts; and conditional use permit for multi -family development consisting of forty-eight (48) dwelling units (eight (8) four-plex structures and two (2) eight-plex structures) in the proposed R-15 zoning district. The project is subject to the specific use Standards for multi -family developments as set forth in UDC 11-4-3-27. There are two existing homes and associated outbuildings on the site that are proposed to remain on Lots 16 and 31, Block 1. All existing structures that are proposed to remain with subdivision of the property must comply with the setback standards of the R-8 district per UDC Table 11-2A-6; or be removed prior to City Engineer signature on the final plat. Additionally, staff recommends that the existing homes connect to city utilities and terminate their access to N. Meridian Road with the first phase of development. Since the existing homes will no longer have access to N. Meridian Road, the property owner will have to coordinate with the City's Addressing Specialist and obtain a new street addresses from the adjacent local street (Elsinore Way). Note: There is an existing outbuilding on Lot 31, Block 1 that will be located within the required street yard with the subdividing of the property. The UDC restricts detached accessory dwellings from being located in this setback (UDC 11 -2A - 3D). The applicant is requesting that the City Council allow the accessory building remain on the property in its current location. Staff recommends that the structure be removed with the development of the first phase unless approved to remain by City Council. Though the city has not yet received a formal phasing plan, the applicant has indicated that the multi -family portion of the site will be phase one and the single-family portion will be phase two. Access is proposed for this site via one access from N. Meridian Road to the multi -family portion of the project and via the extension of existing stub street from Salisbury Lane Subdivision (N. Spring Water Street) with the single family. ACHD staff is supportive of the access to N. Meridian Road and the applicant is seeking a Council waiver to allow the access in accord with UDC 11.3A-3. NOTE: If Council does not approve the access to N. Meridian Road, the applicant will have to re -design the site so the proposed development can take access from Elsinore Way, a future local street. The applicant is proposing one (1) common driveway in this project. The common driveway should comply with the standards listed in UDC 11 -6C -3D. Staff has reviewed the dimensions of the common driveways depicted on the plat and they are consistent with these standards. Unless limited by a significant geographical feature, or separated by a minimum 5 -foot wide landscaped common lot, all properties that abut a common driveway shall take access from the driveway. A 25 -foot wide street buffer is required along N. Meridian Road, an arterial street, per UDC Table 11-2A-7 and is required to be landscaped in accord with the standards listed in UDC 11 -3B -7C. The buffer width along N. Meridian Road should be measured from the back of curb per UDC 11-3B-7C.la(2); or, the ultimate curb location as determined by ACHD if future road widening is anticipated; revise plans accordingly. Staff recommends this buffer and the detached sidewalk be constructed with the first phase of development. A minimum of 10% qualified open space is required to be provided for this development in accord with UDC 11 -3G -3A.1. Based on the area of the preliminary plat (10.4 acres), a minimum of 1.04 acres of qualified open space is required to be provided as set forth in UDC 11 -3A -3B. A total of 1.59 acres (or 15.3%) of qualified open space is proposed consisting of % the street buffer along N. Meridian Road, the internal pathway that connects the multi -family portion of the site to the single-family portion, the micro -path lot and internal common open space areas which appears to comply with this requirement. As noted above, all open space will be shared between both developments. Based on the area of the preliminary plat (10.4 acres), city code requires a minimum of 1 qualified site amenities be provided. The applicant proposes to provide a bocce ball court, internal pathways, a gazebo/plaza, community garden and an internal grassy area at least 50'X 100'in accord with this requirement. All of the proposed amenities will be shared in common. The applicant has submitted conceptual sample building elevations for future multi -family buildings in this development, included in Exhibit A.4. Building materials appear to consist of a mix of board and batten siding, horizontal and vertical lap siding, stone veneer, corbels and architectural shingles. Staff believes the proposed elevations comply with the ASM and the design standards set forth in UDC 11-3A-19. Elevations were not submitted for the single family homes. Prior to the Commission hearing the applicant should submit elevations for the single family homes. Written Testimony since Commission Hearing: Steve Arnold (applicant's representative) Commission Recommendation: Approval w/ conditions a. Summary of Commission Public Hearinu: i. In favor: Steve Arnold (applicant's representative), Kyle Enzler, Todd Tucker ii. In opposition: iii. Commenting: Mike Grossman, Todd Tucker, Jim Lewis, Clay Hitchcock, John Carver, Jeanette Drouillard, Joe Simunich, Nich Thomas, Wayne Brown, Janice Steiger, iv. Written testimony: Ted Williams v. Staff presentinLy application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony i. Increased traffic onto Meridian Road from the proposed multi -family development ii. Increased traffic throuLyh hthe surroundintj subdivisions that provide access to the proposed sinLle- family development iii. Adequacy of the number of parking spaces proposed for the multi -family development iv. Adequacy of the proposed amenities for the development. v. Should amenities be provided at all due to the proximity to Settlers Park. vi. There have been issues with irriLyation water on the subiect property in the past vii. Direct access to Ustick Road from the single-family development viii. The impact of road construction on the proposed entrance to the multi -family proiect. C. Key Issues of Discussion by Commission: 1. Price point for both the rent for the multi -family and prices of the homes ii. Does the parkinL, meet the UDC requirements iii. Transition from to the surroundinLF R-4 with the proposed R-8 and R-15 iY. Pedestrian pathway to the northern property Y. Transition between the proposed R-8 and R-15 portions of the project Y -L Direct access to Meridian Road from the multi -family portion YIL Appropriateness of the overall proposed density Yui. One of the existing homes has an outbuildinLy that will not meet the setback requirements once the property is subdivided. The Commission agreed with staff that the building should be removed. ix. Duration of the road construction at the intersection of Ustick and Meridian and the impact that will have on the proposed entrance to the multi -family portion of the project. d. Commission Chan2e(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve file number H-2016-0075, as presented in the staff report for the hearing date of September 1, 2016, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny file number H-2016-0075, as presented during the hearing on September 1, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue file number H-2016-0075 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) 14 CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: September 27, 2016 Item # Project Number: H-2016-0075 .,7V' Project Name: Maddyn Village Please print your name For Against Neutral Do you wish to testify (Y/N) Sh �� �.�. ✓ N l C V / "02 I — c,.e �s t La G�ZQ) ss4v& 49'r- "V_Xbrr-k)A_J yp,� V/ Yes I \e-- AJ ECEIV : 4T OF CGCF�I";- Meridian City Council Meeting �-C DATE: September 27, 2016 ITEM NUMBER: -7-& PROJECT NUMBER: H-2016-0105 ITEM TITLE: Gemtone Center No. 5 Public Hearing for Gemtone Center No. 5 (H-2016-0105) by The Land Group, Inc. Located 2425, 2463, 2501 E. State Street 1. Request: Vacate the 5 -Foot Wide Property Drainage, Utility Construction and Maintenance Easement Along the Shared Side Lot Lines Between Lots 2 and 3 and Lots 3 and 4, Block 5, Gemtone Center Subdivision No. 5 MEETING NOTES sf 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 It e m # 7 G : G e m t o n e C e n t e r N o . 5 Vi c i n i t y M a p & P r o p o s e d Ea s e m e n t s t o b e V a c a t e d N E a g l e R d N H i c k o r y A v e N M a c h i n e A v e N N e w B r i d g e A v e N R o s a r i o S t E E F l o r e n c e S t E S t a t e A v e E C o m m e r c i a l S t E J e w e l S t E C o m m e r c i a l S t N M a c h i n e A v e N Webb Ave N O l i v e A v e Item #7G: Gemtone Center No. 5 - VAC (H-2016-0105) Application(s): ➢ Vacation Size of property, existing zoning, and location: This site is located at 2425, 2463, and 2501 E. State Avenue on the north side of E. Pine Avenue, just west of N. Hickory Ave. History: This property was platted as Gemtone Center No. 5. A property boundary adjustment was recently tentatively approved to consolidate the subject lots; final approval in contingent upon approval of the subject vacation application. Summary of Request: The applicant requests approval to vacate the 5 -foot wide property drainage, utility construction and maintenance easements along the shared side lot lines between Lots 2 & 3 and Lots 3 & 4, Block 5, Gemtone Center Subdivision No. 5. These easements were created via the plat for this subdivision. There are no utilities within these easements. The applicant has received approval from all of the applicable public utilities (Idaho Power, Century Link, Cable One, Intermountain Gas, Nampa -Meridian Irrigation District, Settler's Irrigation) to vacate the easement. Approval of the subject application will allow the applicant to obtain final approval of the property boundary adjustment application to consolidate these lots and construct a building on the site. Written Testimony: Jason Densmer (in agreement w/staff report) Staff Recommendation: Approval Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0105, as presented in the staff report for the hearing date of September 27, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0105, as presented during the hearing on September 27, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0105 to the hearing date of September 27, 2016 for the following reason(s): (You should state specific reason(s) for continuance.) CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: September 27, 2016 Item # Project Number: H-2016-0105 Project Name: Please print your name UEJVE CITY CLERKS 7G Gemtone Center No. 5 For Against Neutral Do you wish to testifv (Y/N) Meridian City Council Meeting �H DATE: September 27, 2016 ITEM NUMBER: -7-H PROJECT NUMBER: H-2016-0065 ITEM TITLE: Laurels Townhouses Public Hearing for Laurels Townhouses (H-2016-0065) by Northside Management Located at 2116 S Accolade Avenue 1. Request: Rezone of Approximately 1.87 Acres of Land from the TN -R Zoning District to the R-15 Zoning District 2. Request: Preliminary Plat Consisting of Twenty (20) Building Lots and Eight (8) Common Lots on 1.38 Acres of Land in the TN -R Zoning District 3. Request: Modification to the Development Agreement to Change the Use and Building Elevations from Live/Work Units to Solely Living Units MEETING NOTES Q APPRO110 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS It e m # 7 H : L a u r e l T o w n h o m e s 20 2 0 28 6 7 21 3 1 30 1 5 30 8 5 19 6 5 31 7 5 30 6 7 22 8 9 31 3 5 22 5 7 18 7 5 30 0 0 18 0 0 2 9 6 3 24 5 0 17 3 6 17 1 8 20 6 9 16 3 0 16 2 6 17 2 0 26 6 7 2 5 4 8 2 5 2 8 2 5 4 3 2 5 5 1 2 6 2 9 2 6 7 7 24 9 0 22 8 3 2 5 8 2 2 5 5 6 2 5 4 0 19 9 8 24 1 0 24 2 8 2 4 5 2 25 8 2 25 7 0 23 4 3 1964 2 0 2 7 2 0 1 5 2 0 3 3 1 9 8 7 2 4 7 0 21 0 1 2 1 1 0 2 1 2 9 2 0 5 7 2 1 1 1 25 8 3 25 7 8 23 1 7 17 7 3 1 8 0 5 2 0 0 2 2 0 2 8 24 5 3 2 0 7 6 2 0 5 8 2 0 8 6 26 1 4 2 5 2 5 2 3 6 5 2 3 8 7 1 9 8 6 16 1 8 16 1 5 3025 2 9 1 0 3010 2 9 1 5 2 7 6 4 2 6 8 6 2 6 6 0 2 6 9 9 2 6 3 7 252 3 25 3 0 25 1 0 25 2 1 25 3 7 238 2 242 2 23 6 5 23 8 9 26 8 5 22 4 6 26 3 3 26 2 6 3022 2 8 1 0 2 7 0 2 2 8 8 1 2 8 7 1 2587 25 9 6 2 6 9 6 2 7 2 8 27 4 6 26 5 8 26 7 1 2 6 7 2 26 5 0 20 3 6 1 9 8 9 23 5 4 22 6 8 22 7 3 29 6 2 30 0 6 22 4 5 26 8 5 29 9 1 30 3 7 30 4 1 25 2 4 2 9 1 7 30 3 0 2997 2 9 3 5 2 8 5 0 2 7 3 0 2 6 3 8 25 9 2 25 7 0 2 8 9 3 2 8 3 2 2 8 9 2 2 7 2 9 25 1 8 26 8 0 2 8 2 8 26 0 3 2 6 4 5 2 6 5 9 2 6 9 3 16 5 7 24 6 3 25 4 1 21 1 1 19 2 5 2 0 2 6 2 0 4 8 24 2 7 24 0 1 2 1 5 4 21 7 8 2 5 7 9 2 4 7 2 2 4 8 8 2 3 6 4 18 2 8 2 0 0 2 20 0 0 23 1 2 22 9 0 22 3 6 20 0 0 1 8 0 5 26 0 8 26 0 5 26 0 9 26 6 1 30 4 4 2 9 3 6 2 9 1 8 25 2 0 25 0 0 2 8 6 3 2 7 9 8 2 8 7 0 2 6 8 5 2 6 5 9 2 7 6 8 26 3 0 26 0 1 24 0 0 23 9 6 246 6 248 8 22 3 5 23 2 1 29 5 0 19 4 0 30 7 7 2 9 4 9 19 3 7 18 6 9 17 5 1 29 6 5 17 8 9 20 1 5 29 8 9 3045 3023 22 7 5 29 7 1 29 9 8 28 4 5 30 5 5 19 3 5 16 2 0 22 0 1 2 6 1 1 17 1 0 2 5 1 2 2 5 1 9 2 5 8 1 16 2 3 17 2 5 27 5 0 18 6 0 18 7 4 0 21 1 6 26 0 3 2 5 7 4 2 5 6 7 16 3 1 19 0 2 18 6 1 19 1 1 20 0 9 25 4 3 - 2 5 4 9 1 9 9 1 2 0 0 2 2 0 0 3 2 0 2 9 24 4 7 2 2 0 1 2 5 6 8 2 2 1 1 22 9 2 1 9 8 0 2 0 5 0 22 4 4 24 7 1 21 2 4 20 6 5 26 1 7 26 0 6 2 5 9 2 25 7 1 23 3 0 1 9 7 7 2 0 4 9 2 0 2 8 2 1 3 2 25 5 1 2 0 8 5 2 1 7 7 23 2 0 2 3 4 2 2 3 8 6 20 3 5 19 3 1 23 2 0 26 5 0 30 4 9 26 3 0 3007 26 8 4 26 8 1 2 7 8 8 2 6 0 6 2 8 9 9 2 5 8 8 2 8 4 9 2 7 6 1 2 6 3 6 26 4 5 26 2 9 267 3 26 5 0 26 8 4 26 8 3 26 8 6 26 7 8 26 2 5 2 9 3 0 2960 2990 2 8 0 9 2 8 4 8 2 6 0 1 25 8 6 25 1 1 25 8 5 26 2 7 26 7 7 241 0 244 4 1 9 7 8 19 9 7 18 4 8 175 9 18 3 3 21 3 1 22 6 4 21 5 0 30 1 0 29 5 1 3 0 1 7 2 9 5 5 26 4 9 30 2 8 30 2 0 30 1 2 25 0 2 3000 2964 2 7 9 7 2 8 9 8 2 8 7 4 25 0 1 25 7 0 2 6 8 4 25 8 7 2 7 9 0 26 0 2 24 9 1 23 4 7 16 4 3 17 1 5 19 1 6 18 7 3 2 5 3 7 2 5 7 5 2 0 0 1 1 9 8 6 24 9 4 25 1 6 2 6 2 6 26 1 5 2 2 4 7 2 5 5 7 24 0 0 1 9 8 5 20 4 5 17 9 7 18 5 7 25 1 5 26 5 2 29 6 1 24 8 4 30 6 6 30 3 9 3021 2963 2 8 9 6 2 8 7 2 2 8 3 4 25 5 4 2 8 3 9 2 8 1 5 2 8 5 6 2 8 3 3 2555 2 6 5 8 2 7 6 0 25 3 3 26 4 7 26 9 4 24 5 5 247 3 236 8 24 0 0 L- O L- O L- O TN - R R- 1 5 C- C RR R1 R- 4 C- C R- 4 0 C- G E O v e r l a n d R d S E a g l e R d E G o l d s t o n e D r E C o p p e r P o i n t D r S C e l e b r a t i o n A v e S M i l l e n n i u m W a y S Ta g i s h W a y S B r a n d y s J e w e l A v e S B a s i n C r e e k A v e E B l u e T i c k S t E G o l d s t o n e S t E E a s y J e t D r S Z i m s P l S R e d C l o u d A v e S B u r g d o r f W a y S H o o d R a n c h P l E G r e e n C a n y o n D r S H o o d R a n c h A v e S B r a n d y s J e w e l A v e S S l a t e C r e e k A v e E T h r e e B a r s D r E E a s y J e t S t E T h r e e B a r s D r E B l u e H o r i z o n D r E G a l a C t E P a r t y J e t S t S L o f t u s W a y E C o p p e r P o i n t S t E B l u e T i c k S t E G a l a S t E T h r e e B a r s D r E G r i f f o n S t S L u x u r y L n E T a r p o n D r S Ta g i s h Way E I n d i a n C r e e k D r S G o l d B a r W a y S A c c o l a d e A v e S W e l l s A v e S W e l l s A v e S B o n i t o W a y Zo n i n g M a p Ex i s t i n g B r o w n s t o n e E l e v a t i o n s ( L i v e / W o r k ) La u r e l T o w n h o u s e s Pr o p o s e d P r e l i m i n a r y P l a t Pr o p o s e d L a n d s c a p e P l a n Item #7H: Laurel Townhouses (H-2016.0065) Application(s): ➢ Rezone ➢ Preliminary Plat ➢ Development Agreement Modification Size of property, existing zoning, and location: This site consists of 1.38 acres of land, zoned TN -R, located at 2116 S. Accolade Avenue, south of E. Overland Road and west of S. Eagle Road. History: This property was annexed in 2006 with an R-15 zoning district and the requirement of a DA along with a preliminary plat for Kenai Subdivision. A modification to the agreement was approved in 2007 along with a rezone from R-15 to TN -R and a new preliminary plat for Gramercy Subdivision. Comprehensive Plan FLUM Designation: MU -R Summary of Request: The applicant has submitted a request to City Council for a modification to the existing DA to change the land use and building elevations from live/work units to solely living units. A rezone of 1.87 acres of land is proposed from the TN -R to the R-15 zoning district consistent with the MU -R FLUM designation. The rezone will facilitate the development of 20 townhome units on the site. A preliminary plat is also proposed consisting of 20 building lots and 7 common lots on 1.38 acres of land in the proposed R-15 zoning district. A north/south local street is proposed along the east boundary of the site and a public alley is proposed off the local street for access to the proposed townhomes. A north/south pedestrian pathway is proposed mid -block within the development. Written Testimony: Scott Noriyuki, Applicant (in agreement w/staff report) Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Scott Noriyuki ii. In opposition: None iii. Commenting: None iv. Written testimony: Scott Noriyuki (in agreement w/staff report) v. Key Issue(s): None Key Issue(s) of Discussion by Commission: In favor of mix of housing types this project will provide adjacent to MFR. Commission Change(s) to Staff Recommendation: None Outstanding Issue(s) for City Council: None Written Testimony since Commission Hearing: Scott Noriyuki (in agreement w/Commission Rec's) Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0065, as presented in the staff report for the hearing date of September 27, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0065, as presented during the hearing on September 27, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0065 to the hearing date of September 27, 2016 for the following reason(s): (You should state specific reasons) for continuance.) CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET r¢ Date: September 27, 2016 Item # 7H - Project Number: H-2016-0065 Project Name: Laurels Townhouses Please print your name For Against Neutral Do you wish to testify (Y/N) CITYCLERKS OFFICE Meridian City Council Meeting q DATE: September 27, 2016 ITEM NUMBER: -& PROJECT NUMBER: ITEM TITLE: Executive Session Per Idaho State Code 74-206A (1)(a): A Governing Body or Its Designated Representatives May Hold an Executive Session for the Specific Purpose of: (a) Considering a Labor Contract Offer or to Formulate a Counteroffer 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: September 27, 2016 ITEM NUMBER: --9' ITEM TITLE: Future Meeting Topics PROJECT NUMBER: 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