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HomeMy WebLinkAbout2016-10-04E IDIAN= -- CITY COUNCIL REGULAR IDAHO MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, October 04, 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 X Mayor Tammy de Weerd 2. Pledge of Allegiance by Boy Scout Troop #104 3. Community Invocation by Randy Rodes with reSURGE Church 4. Adoption of the Agenda Adopted 5. Proclamations A. Fire Prevention Month B. Everyone Shops Day 6. Consent Agenda Approved A. Approve Minutes of September 15, 2015 PreCouncil Meeting B. Approve Minutes of November 24, 2015 Regular Meeting C. Approve Minutes of May 10, 2016 City Council Special Joint Meeting D. Approve Minutes of June 8, 2016 City Council Budget Workshop Meeting E. Findings of Fact, Conclusions of Law for Approval For Silverwater South (H-2016-0082) by Trilogy Development Located at South of E. Victory Road and West of S. Locust Grove Road Meridian City Council Meeting Agenda Tuesday, October 04, 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. F. Findings of Fact, Conclusions of Law for Approval for Silverwater North (H- 2016-0083) by Trilogy Development Located at South Side of E. Victory Road and West of S. Locust Grove Road G. Findings of Fact, Conclusions of Law for Approval for Little Creek Subdivision (H-2016-0076) by David Alexander Located 1470 N. Locust Grove Road H. Findings of Fact, Conclusions of Law for Approval for 2016 City Initiated Annexation (H-2016-0093) by City of Meridian Findings of Fact, Conclusions of Law for Approval for T -Mobile (H-2016- 0091) by T -Mobile Located at 1855 N. Black Cat Road J. Finding of Facts, Conclusions of Law for Approval for Knightsbridge Subdivision (H-2016-0088) by Schultz Development Located 3870 E. Victory Road K. Findings of Fact, Conclusions of Law for Approval for Paisley Meadows (H- 2016-0089) by Hayden Homes Idaho, LLC Located at 2180 East Amity Road L. Final Order for Rainer Villas (H-2016-0107) by Intermountain Pacific, LLC Located West of Meridian Road and South of West Penwood Street and North of West Corporate Drive M. Second Addendum to Development Agreement for Twelve Oaks(MDA-H- 2016-0100)with Twelve Oaks, LLC located at 1845 W. Franklin Road, in the NE 114 of Section 14, Township 3N., Range 1 W N. Sewer Main Easement Contract with New Cavanaugh LLC a Not -To -Exceed Amount of $1,802.00 O. Approval of AIA A133, A133 Exhibit A & A201 Construction Management as General Contractor Agreements to Kreizenbeck Constructors for the "HOME COURT MOISTURE BARRIER REPAIR" project. The Not -To -Exceed Guaranteed Maximum Price for this project is $48,767 P. Approval of Task Order 10626.a to J -U -B Engineers, Inc. for the "Well 22 Water Treatment Facility" for a Not -To -Exceed amount of $243,700.00. Q. Police Department: Renewal and Modification Intergovernmental Agreement Among Law Enforcement Agencies of Ada County, Idaho for Consolidated Records Management System (RMS) Meridian City Council Meeting Agenda Tuesday, October 04, 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. R. Resolution No. 16-1170: A Resolution of the City of Meridian Vacating the 5 - Foot Wide Property Drainage, Utility Construction and Maintenance Easement Along the Shared Lot Lines between Lots 2 & 3 and Lots 3 & 4, Block 5, Gemtone Center Subdivision, No. 5. S. Acceptance Agreement - Main Street & Fairview Avenue Artwork: "Natives" T. Resolution No. 16-1171: Resolution Signifying City's Final Acceptance of Main Street & Fairview Avenue Artwork "Natives" by C.J. Rench 7. Items Moved From the Consent Agenda None 8. Community Items/Presentations A. Hometown Hero Award Presented to Jaxson, the Fire Dog 9. Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update B. Legal Department: Waiver of City Purchasing Policy Regarding Disposal of Property C. Resolution No. 16-1172: A Resolution of the City Council of the City of Meridian, Granting a Waiver of the City's Purchasing Policy in Regards to the Disposal of Property Regarding the Request of the Property Owner, Wal-Mart, to Relinquish Ownership of Specific Public Infrastructure Located on the Property at Ten Mile and McMillan. Approved 10. Action Items Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned City planner. Following Staffs 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. The City Council may move to continue the item for additional information or vote to approve or deny the item with or without changes as presented. The Mayor is not a member of the City Council and pursuant to Idaho Code does not vote on public hearing items, unless to break a tie vote. A. Public Hearing for Blakeslee Commons Subdivision (H-2016-0066) by Global Senior Housing, LLC Located South Side of E. Ustick Road Between Meridian City Council Meeting Agenda Tuesday, October 04, 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. N. Locust Grove Road and N. Eagle Road Continued to the October 18, 2016 meeting 1. Request: Annexation and Zoning of 12.01 Acres from RUT in Ada County to the R-15 (Medium -High Density Residential) Zoning District 2. Request: Preliminary Plat Consisting of Seventy -Four (74) Single Family Residential Lots and Twelve (12) Common Lots on Approximately 12.01 Acres in the Proposed R-15 Zoning District B. Public Hearing Continued from September 27, 2016 for Hill's Century Farm Commercial (H-2016-0092) by Martin Hill Located 3625 E. Amity Road Approved 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 11. Future Meeting Topics 12. 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 8:05pm Out of Executive Session at 8:34pm Adjourned at 8:34pm Meridian City Council Meeting Agenda Tuesday, October 04, 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. Changes to Agenda: • Item #10A: Blakeslee Commons Subdivision — Request for continuance to October 18th due to the site not being posted with a public hearing notice sign as required. Item #10B: Hill's Century Farm Commercial (H-2016-0092) Application(s): ➢ Preliminary Plat ➢ Development Agreement Modification Size of property, existing zoning, and location: This site consists of 19.73 acres of land, zoned C -N & R-8, located at 3625 E. Amity Road, at the southwest corner of E. Amity Road and S. Howry Lane. History. An amendment to the FLUM was approved in 2015 to change the future land use designation on this property (and a larger area) from LDR to MU -N. The property was annexed with the C -N and R-8 zoning districts with the requirement of a DA. A property boundary adjustment (ROS) was later approved in 2015 that created the current configuration of the property. Comprehensive Plan FLUM Designation: MU -N Summary of Request: The applicant requests a modification to the DA to include a detailed site plan & modification of certain provisions of the agreement. The existing DA included a concept "bubble" plan for the mixed use designated area that lists future possible uses & no site details; a detailed site plan was required to be submitted and approved prior to a plat application being submitted and any development occurring beyond the school/YMCA/park site to ensure development is consistent with the objectives and vision of the MU -N designation. A detailed plan for the first phase of development is proposed which includes a medical clinic at the NEC of the site w/an assisted living facility immediately to the west; details are not depicted for the remaining area. The applicant anticipates many of the proposed building lots will be consolidated as users are determined in the future and has included a list of possible uses — all allowed in the MU -N designation — and requests the DA not be required to be modified again in the future to include a detailed site plan. To ensure the site layout is consistent with that desired in MU -N designated areas, staff recommends the DA is still required to be modified in the future to include a detailed site plan for the remaining area. Conceptual building elevations were submitted for future retail, office and professional services buildings and the assisted living/memory care facility as shown. All structures are required to comply with the design standards listed in the Architectural Standards Manual. A preliminary plat is proposed consisting of 20 building lots & 2 common area lots on 19.73 acres of land in a C -N zoning district. The boundary of the plat does not include all of the area included in Parcel 2 shown on the ROS; a 171' wide strip of land, zoned R-8, along the west boundary is not included. Because this will create a remnant parcel that's not legal to build on, staff recommends this area is included in the plat. This area may still be included in a preliminary plat with the rest of the residential property to the west in the future. A driveway access is proposed via E. Amity Road and another driveway access is proposed via S. Hillsdale Ave., a future collector street. A local street, S. Tavistock Way, is also proposed via Amity and a local street, E. Hill Park St., is proposed via S. Hillsdale Ave. Because the UDC requires access to be provided via local streets when available, the proposed direct lot accesses via Amity and Hillsdale require Council approval of a waiver. A cross-access/ingress-egress easement is required between lots in the proposed subdivision. A 25' wide landscaped street buffer is required along Amity; a 20' buffer is required along Hillsdale; and a 10' buffer is required along Tavistock and Hill Park. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Mike Wardle, Brighton Corporation ii. In opposition: None iii. Commenting: None iv. Written testimony: Mike Wardle, Applicant's Representative (see letter) v. Key Issue(s): None Key Issue(s) of Discussion by Commission: i. Creation of a remnant parcel by not including the western R-8 zoned property in the plat; ii. Revised conditions to Section 2 in Exhibit B as requested by the Applicant Commission Change(s) to Staff Recommendation: i. At staffs request, a condition was added for on -street parking to be provided on the south side of E. Hill Park St. adjacent to the park (#6.1). ii. Modify conditions #2.2.3, 2.2.9 and 2.2.11 as requested by the applicant and agreed upon by staff (not in favor of modifying condition #2.1.1 as requested by the applicant) Outstanding Issue(s) for City Council: i. A waiver is requested to UDC 11-3A-3 for access via E. Amity Road, an arterial street, and S. Hillsdale Ave., a future collector street. Written Testimony since Commission Hearing: Mike Wardle, Applicant's Representative (see letter dated Oct. 4th) Staff's responses to the applicant's requested changes are as follows: Exhibit A.5: Proposed Modifications to DA 5.1 a — ok (as recommended currently) 5.1 b — no; the UDC requires business hours to be restricted in the C -N district; it does not differentiate between types of uses. The restriction applies to all business operations occurring outside an enclosed structure, including but not limited to customer or client visits, trash compacting and deliveries and do not apply to business operations occurring within an enclosed structure, including but not limited to, cleaning, bookkeeping and after hours work by a limited number of employees. A residential care facility does not violate the hours of operation; a hospital (24 hour facility) is not allowed in the C -N district. 5.1e — ok 5.1 g — no; the overall layout of the remainder of the C -N zoned area needs to be reviewed for consistency with development goals for MU -N designated areas. Without an approved concept plan, development is allowed in accord with the zone, which may allow development that's not consistent with the MU -N designation. 5.1g.i, ii, xii — no; the Commission recommended change to the provision states these items should be considered in reviewing development applications, not required (per the Comprehensive Plan). 5.1 i — ok (as recommended currently) Exhibit B: Conditions of Approval — Proposed Modifications 1.1.1 a & b — no; not requiring the remainder of the parcel to be included in the plat will create a non -buildable remnant parcel. If this portion is included in the subject plat, it may still be included in a future preliminary plat/final plat with the R-8 zoned land to the west. 1.1.1 c — no; condition states the access driveways via Amity & Hillsdale shall be removed unless a waiver is approved by Council. If a waiver is approved, it will be noted as such. 1.1.2a — no (see #1.1.1 a & b above) 1.1.2b — no (see #1.1.1 c above) 1.2.2 — no (see #1.1.1 c above) 2.1.1 — Strongly Oppose — The developer is asking for a waiver from the requirement to construct the 12 -inch water main in Amity Road. The City of Meridian's Water Master Plan requires 12 -inch diameter water mains on a'/2 -mile grid. These mainlines are critically important as they form the backbone of our hydraulic network for distribution. The grid mainlines follow the collector/arterial roadway network across the city for the main mile network, and then 12 -inch mains generally follow roadway networks at the mid -mile. It is not the policy of the City of Meridian to allow mainlines that extend off of the grid and then return back to the grid as the developer proposes, to satisfy the Master Plan requirements. However, these looped systems are important for the delivery of domestic supply and fire protection, as well as they provide redundancy to help protect the consumer from water outages. As you know, the majority of the City's water and sewer infrastructure is development driven, and developer installed. When development occurs, we impose the below section of Meridian City Code to require the extension of water, sewer, and when applicable recycled water systems. MCC 9.1-11: WATER MAIN EXTENSIONS: B. Compliance With City Policies; Responsibility for Costs: All proposed extensions of the municipal water system to serve undeveloped areas within the existing corporate limits, newly annexed areas or areas outside the corporate limits shall comply with existing water system extension policies and with the overall master plan for the city's municipal water supply system. Costs for all extensions to any property shall be the responsibility of that property owner or his agent. Cost for water service extensions within the property for which the extension is requested shall also be the responsibility of the owner or his agent. When it is necessary to install oversized mains as part of an extension, the cost of all oversized lines may be the responsibility of the owner or his agent. Such water line extensions, public or private, shall be extended to the farthest boundary of the development project or property to be served by the extension. This developer is proposing that this section of water main be required of future development projects north of Amity Road (i.e. the future West Ada School District's High School parcel). It is our opinion that if this waiver is granted, this section of mainline will ultimately be needed, and therefore the burden will be on the Meridian Rate Payers and/or School District Patrons. In this case development would not be paying for growth. 2.2.3 — Ok; this condition has changed to what Brighton is proposing, effective October 1St, as a result of discussions in the Development Services Advisory Committee. 2.2.5 — no; (see #1.1.1 a & b above) 2.2.9 — no; however, staff does support replacing this condition with the following language: "All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-313. 2.2.11— no; however, staff does support replacing this condition with the following language: "In the event that an applicant and/or owner cannot complete nonlife, nonsafety and nonhealth improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11 -5C -3C." Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0092, as presented in the staff report for the hearing date of October 4, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0092, as presented during the hearing on October 4, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0092 to the hearing date of October 4, 2016 for the following reason(s): (You should state specific reason(s) for continuance.) Meridian City Council Meeting DATE: October 4, 2016 ITEM NUMBER: 5A ITEM TITLE: Fire Prevention Month 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 �E IDIARN,— The Office of the mayor PRO CLAiVIATION WHEREAS, the City of Meridian is committed to ensuring the safety and security of all those living in and visiting our city; and WHEREAS, fire is a serious public safety concern both nationally and locally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, Meridian's first responders are dedicated to reduce the occurrence of home fires and home fire injuries through prevention education measures such as the Fire Safety Center and Project S.A.F.E.; and WHEREAS, our residents are responsive to public education measures and are able to take personal steps to increase their safety from fire; and WHEREAS, the 2016 Fire Prevention Month theme is: "Don't Wait - Cheek the Date; Replace Smoke Alarms Every 10 Years", this theme effectively serves to remind us all of the simple actions we can take to stay safer from fire; THEREFORE, I, Mayor Tammy de Weerd, do hereby proclaim the month of October to be Fire Prevention Month in the City of Meridian and call upon the people in our community to heed the important safety message of replacing their smoke alarms every ten years. Dated this 4`� day of October 2016. Tammy eerd, Mayor Keith Bird, City Council President Joe Borton, City Council Vice -President Anne Little Roberts, City Council Genesis Milam, City Council Luke Cavener, City Council Ty Palmer, City Council Meridian City Council Meeting DATE: October 4, 2016 ITEM NUMBER: 5B ITEM TITLE: Everyone Shops Day 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 CjQ/�& IDIANIZ,.— The Office of the ,'Mayor PROCLA."Al A 7`10 JV WHEREAS, more than 4,500 children in the Treasure Valley school districts are homeless, one out of every four kids in an Idaho high school is bullied, suicide is the 2nd leading cause of death for Idaho teens; and, WHEREAS, there are more than 45 reports of child abuse every day in Idaho, almost 2 per hour, 24 hours a day, 365 days per year; and, WHEREAS, Idaho Youth Ranch has helped 34,400 of Idaho's most vulnerable kids find promising futures, learn to cope with their feelings, heal from their pain, and develop skills that will make them stronger adults and future leaders; and, WHEREAS, for every child helped by Idaho Youth Ranch, there are dozens more who are still in need of support, Idaho Youth Ranch can provide hope for kids and families who are suffering; and, WHEREAS, Treasure Valley shoppers that support the Idaho Youth Ranch provide revenue to support more kids and families in need, each dollar spent in the Meridian and other Idaho Youth Ranch thrift stores will have a lasting, generational impact on Idaho's kids; THEREFORE, I, Mayor Tammy de Weerd, do hereby proclaim, October 8, 2016, as Everyone Shops Day in the City of Meridian and urge all citizens to join with us in shopping at Idaho Youth Ranch Thrift Stores to provide promising futures to the most vulnerable kids in Meridian and our state. Dated this 4rh day of October 2016. Tammy d eerd, Mayor Keith Bird, City Council President Joe Borton, City Council Vice -President Anne Little Roberts, City Council Genesis Milam, City Council Luke Cavener, City Council Ty Palmer, City Council Meridian City Council Meeting DATE: October 4, 2016 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve Minutes of September 15, 2015 PreCouncil Meeting MEETING NOTES rte✓ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council PreCouncil Meeting September 15, 2015 Page 2 of 2 Roll Call Vote: Bird, aye; Zaremba, aye, Milam, aye; Borton, aye; Rountree, aye; Cavener, absent. MOTION CARRIED: ALL AYES. ONE ABSENT. EXECUTIVE SESSION: (5:01 to 6:15 p.m.) De Weerd: Okay. I would entertain a motion to come out of Executive Session. Bird: So moved. Rountree: Second. De Weerd: We have a motion and a second. All in favor say aye? Any opposed? We are out of Executive Session. MOTION CARRIED: ALL AYES. De Weerd: Motion to adjourn? Bird: So moved. Rountree: Second. De Weerd: All in favor? MOTION CARRIED. ALL AYES. MEETING ADJOURNED AT 6:15 P.M. G ON FILE OF THESE PROCEEDINGS) MAYOR MAMMY DE WEERD ATTES C.JAY COLS, CITY CLERK ,Xd.?C SP OVED Cit.() f o -r w = jL;IAN� H aSFA . Meridian City Council Meeting DATE: October 4, 2016 ITEM TITLE: ITEM NUMBER: PROJECT NUMBER: Approve Minutes of November 24, 2015 Regular Meeting MEETING NOTES LJ P P�14kEq. Y� 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 November 24, 2015 Page 20 of 20 (AUDIO. REC.O.RDING_.ON_FILE OF THESE PROCEEDINGS) MAYOR T Y DE WEERD ATTES : i�AI C.JAY tOLES,1,-ITYCLERK 10J / 36& PPROVED QoRp,T OgvG 2 � Ot, w E IDIAN�. �"�. SEAL Meridian City Council Meeting DATE: October 4, 2016 ITEM NUMBER: 6C PROJECT NUMBER: ITEM TITLE: Approve Minutes of May 10, 2016 City Council Special Joint Meeting MEETING NOTES rte✓ APHOIED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Joint Meridian City Council - Meridian Development Corporation May 10, 2016 Page 16 of 16 MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. De Weerd: Okay. Well, thank you. It was nice having the MDC board here with us tonight. We apologize for the late start. We did appreciate the opportunity, though, to have a conversation with you. So, anything further from either the Council or MDC board? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeings how I'm a member of both, I move we adjourn. Milam: Second. De Weerd: All those in favor say aye. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Thank you. MEETING ADJOURNED AT 7:24 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR T E—WEERD ATTEST:/ ,7 C.JAY-COLE�, CITY CLERK Zo Z/ /�6 DATE P OV D DATEDg�GA* \m2. Meridian City Council Meeting DATE: October 4, 2016 ITEM NUMBER: 6D PROJECT NUMBER: ITEM TITLE: Approve Minutes of June 8, 2016 City Council Budget Workshop Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Budget Workshop June 8, 2016 Page 79 of 79 Borton: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 1:12 P.M. 1@hO-RE�ORD11�tG 9 E OF THESE PROCEEDINGS) ATED q& /o/ �( / YOR Y DE WEERD TE APPROVED ATT C.,(AY COL'8s,L61TY CLERK of o f C W ID ,1AN SEAL l l DATE APPROVED Meridian City Council Meeting DATE: October 4, 2016 ITEM NUMBER: 6E PROJECT NUMBER: ITEM TITLE: Findings of Fact, Conclusions of Law for Approval For Silverwater South (H-2016-0082) by Trilogy Development Located at South of E. Victory Road and West of S. Locust Grove 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E TDIAN' AND DECISION & ORDER In the Matter of the Request for Preliminary Plat Consisting of Forty-Eight (48) Building Lots and Four (4) Common Area Lots on 12.08 Acres of Land in the R-8 Zoning District for Silverwater South Subdivision, by Trilogy Development. Case No(s). H-2016-0082 For the City Council Hearing Date of: September 20, 2016 (Findings on October 4, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11. Meridian City Code, and all current zoning maps thereof. The City of .Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11 -SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. S. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CI"fY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0082 - I - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0082 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of September 20, 2016, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of September 20, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of September 20, 2016 By action of the City Council at its regular meeting held on the 2016. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE GORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER Z day of 601vZ , VOTED k4 VOTED VOTED Ya VOTED Yep VOTED COUNCIL MEMBER GENESIS MILAM VOTED %f64 MAYOR TAMMY de WEERD VOTED (TIE BRF.,AKER) Q �t Mayo am e- Weerd ATED Attest: C&Y Colew City Clerk OR A&CG,a s Cit of .1 to 10 r��A0V � 0`� SEAL Ao�'ha 7'REASV5-," Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. ,*'"By:Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0082 - 3 - EXHIBIT A Silverwater South – PP H-2016-0082 PAGE 1 STAFF REPORT Hearing Date: September 20, 2016 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Silverwater South – PP (H-2016-0082) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Trilogy Development, has submitted an application for a preliminary plat (PP) consisting of 48 building lots and 4 common lots on 12.08 acres of land in the R-8 zoning district. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed PP application in accord with the Findings of Fact and Conclusions of Law in Exhibit C. The Meridian Planning & Zoning Commission heard these items on August 18, 2016. At the public hearing, the Commission moved to recommend approval of the subject PP request. a. Summary of Commission Public Hearing: i. In favor: Scott Wonders, Applicant’s Representative ii. In opposition: None iii. Commenting: Nancy Buckley iv. Written testimony: Scott Wonders, Applicant’s Representative (in agreement with staff report) v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Concern of overdevelopment in Meridian and of school and roads not being able to support the growth. c. Key Issues of Discussion by Commission: i. None d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard this item on September 20, 2016. At the public hearing, the Council approved the subject PP request. a. Summary of City Council Public Hearing: i. In favor: Scott Wonders, Applicant’s Representative ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None EXHIBIT A Silverwater South – PP H-2016-0082 PAGE 2 b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. None d. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016- 0082, as presented in the staff report for the hearing date of September 20, 2016, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0082, 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-2015-0082 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 site is located south of E. Victory Road and west of S. Locust Grove Road, in the NE ¼ of Section 30, Township 3 North, Range 1 East. (Parcel No.: S1130120780) B. Owner: Viper Investments, LLC 1977 E. Overland Road Meridian, ID 83642 C. Applicant: Trilogy Development 9839 W. Cable Car St., Ste. 101 Boise, ID 83709 D. Representative: Scott Wonders, J-U-B Engineers, Inc. 250 S. Beechwood, Ste. 201 Boise, ID 83709 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: August 1 and 15, 2016 (Commission); August 20 and September 12, 2016 (City Council) EXHIBIT A Silverwater South – PP H-2016-0082 PAGE 3 C. Radius notices mailed to properties within 300 feet on: July 21, 2016 (Commission); August 30, 2016 (City Council) D. Applicant posted notice on site(s) on: August 8, 2016 (Commission); September 9, 2016 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of vacant/undeveloped agricultural land, zoned R-8. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Future single-family residential in Silverwater Subdivision, zoned R-8 2. East: Single-family residential properties in Tuscany Village Subdivision, zoned R-8 3. South: Single-family residential properties in Roseleaf and Sicily Subdivisions, zoned R-8 4. West: Single-family residential properties in Silverwater Subdivision No. 1, zoned R-8 C. History of Previous Actions:  In 2006, this property was annexed and zoned (AZ-06-015) with an R-8 zoning district and included in a preliminary plat (PP-06-013) for Tanana Valley Subdivision. A development agreement was required as a provision of annexation (Instrument No. 106151214)  In 2007, a new preliminary plat (PP-07-015) was approved for Cavanaugh Subdivision which included the subject property. A final plat has not been recorded for the subject property.  In 2008, an 18 month time extension (TE-08-022) was approved by the Director until February 22, 2010 to obtain the City Engineer’s signature on the final plat.  In 2010, another 18 month time extension (TE-10-005) was approved by Council until August 22, 2011 to obtain the City Engineer’s signature on the final plat.  In 2011, a 2-year time extension (TEC-11-005) was approved by Council until August 22, 2103 to obtain the City Engineer’s signature on the final plat.  In 2013, another 2-year time extension (TEC-13-005) was approved by Council until August 22, 2015 to obtain the City Engineer’s signature on the final plat. Because there are now multiple owners and the site is not developing under one master plan as originally proposed, staff required new preliminary plats to be submitted for the remaining land to the north and south of the Ridenbaugh Canal that has not been final platted. D. Utilities: 1. Location of sewer: A sanitary sewer main intended to provide service to the subject area are currently planned as part of the development of Silverwater Subdivision to the north. 2. Location of water: Water mains intended to provide service to the subject area are currently planned as part of the development of Silverwater Subdivision to the north, as well as connection into the existing water mains stubbed into the subject parcel in S. Brigham Avenue and S. Caesar Avenue. 3. Issues or concerns: Until the future adjacent phase of Silverwater Subdivision develops, thereby bringing sanitary sewer and water service to the area, this development is not serviceable. EXHIBIT A Silverwater South – PP H-2016-0082 PAGE 4 E. Physical Features: 1. Canals/Ditches Irrigation: There is an irrigation ditch that crosses this site. 2. Hazards: Staff is unaware of any hazards that may exist on this site. 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS Land Use: The Comprehensive Plan Future Land Use Map (FLUM) designates approximately half of this property as Mixed Use – Neighborhood (MU-N) with a Neighborhood Center (N.C.) overlay and the other half as Medium Density Residential (MDR). The purpose of the MU-N designation is to assign areas where neighborhood-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to avoid predominately single- use developments by incorporating a variety of uses. Land uses in these areas should be primarily residential with supporting non-residential services. Residential uses should comprise a minimum of 40% of the development area at densities ranging from 6 to 12 units/acre. In areas where there is a N.C. overlay designation, the City seeks to create a centralized, pedestrian- oriented, identifiable and day-to-day, service-oriented focal point for neighborhood scale development. Like other designations, the N.C. areas shown on the FLUM are conceptual only and intended to identify a maximum walking distance from the core of the N.C. of ¼ mile. The City currently has an application in process proposing to remove the N.C. overlay designation on this property (H-2016-0098). The MDR designation allows smaller lots for residential purposes within City limits. Uses may include single-family homes at densities of 3 to 8 dwelling units (d.u.) per acre. The proposed gross density of the project is 3.97 dwelling units/acre which falls within the desired density of the MDR designation but below that desired in MU-N designated areas of 6 to 12 units/acre. There are no non-residential uses proposed with this development or within the MU-N designated area as a whole. Back in 2006 when the zoning and original preliminary plat was approved, this site was planned to develop with single-family residential uses and found to be in compliance with the FLUM and Comprehensive Plan. Because FLUM designations are conceptual, staff supports the proposed development and finds that it is compatible with existing and future land uses in the area (i.e. residential). Staff finds the following goals and objectives of the Comprehensive Plan to be applicable to development of this site:  “Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) The proposed medium density residential development will contribute to the variety of housing options located within the City. Staff is unaware how “affordable” the housing will be.  “Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc.” (3.05.02C) Landscaping is required within internal common areas as set forth in UDC 11-3G-3E. Separate permits shall be obtained for signage and fencing. Fencing shall comply with the standards listed in UDC 11-3A-7. EXHIBIT A Silverwater South – PP H-2016-0082 PAGE 5  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The proposed medium-density residential development should be compatible with existing and future medium density residential uses in this area.  “Require common area in all subdivisions.” (3.07.02F) A minimum of 10% qualified open space is required to be provided with development of this site as set forth in UDC 11-3G-3B. A total of 0.44 of an acre (or 3.65%) of qualified open space is proposed with this portion of Silverwater development; overall, a total of 13.63% qualified open space will be provided.  “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) Two stub streets are proposed at the southern boundary of this site to connect to existing stub streets in Sicily and Roseleaf subdivisions for interconnectivity between developments. The stub streets at the north boundary will connect to streets within Phase 3 of Silverwater Subdivision.  “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) A north/south pedestrian pathway is proposed midway through this development that provides access to a common area in Phase III of Silverwater Subdivision.  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are currently available to this site and will be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-6 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. Single-family detached dwellings are listed as a principal permitted use in the R-8 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC 11-2A-6 for the R-8 zoning district. D. Common Open Space and Site Amenity Requirements: Common open space and site amenities are required to be provided on the site in accord with the requirements listed in UDC 11-3G-3. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. EXHIBIT A Silverwater South – PP H-2016-0082 PAGE 6 IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The subject property was previously included in the preliminary plat for Cavanaugh Subdivision which encompassed 177+/- acres and stretched from Victory Road to the half mile at Rumpel Lane (Harris Street) to the south. The subject property was intended to develop with single-family residential building lots but a final plat was never recorded. Since the preliminary plat was approved in 2007, individual parcels have been sold off and are now under many different ownerships and are being developed separately rather than as a single master-planned project as intended. The subject developer is developing all of the property on the north side of the Ridenbaugh Canal, east of S. Standing Timber Way. The previous plat depicted all of the site amenities for the overall development to be provided on a common lot on the north side of the canal within what is now Silverwater Subdivision. Because staff didn’t feel it was reasonable for this developer to provide all of the amenities for the overall subdivision, with the last time extension staff required the remainder of the property to be re- subdivided and meet current development standards. PRELIMINARY PLAT: The proposed preliminary plat consists of 48 building lots and 4 common lots on 12.08 acres of land in the R-8 zoning district and is the same layout as the previous plat for Cavanaugh Subdivision. The minimum lot size is 6,827 s.f. with the average lot size being 8,698 s.f. As discussed above in Section VII, the proposed density of 3.97 d.u./acre is below that desired in the MU-N designated area but within that desired in MDR designated areas. Existing Structure(s): There are no existing structures on this site. Dimensional Standards: All of the lots in the proposed subdivision are required to comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district and the block length standards listed in UDC 11-6C-3F. Staff has reviewed the proposed plat and found it to be in compliance with these standards. Access: Access to this development is proposed on the plat from internal local streets. Utilities: Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Public utilities will be extended from Silverwater Subdivision Phase 3 which is currently under construction. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. PI is required to be provided to this development from the existing Silverwater PI system and shall be maintained and operated by NMID. Storm Drainage: A storm drainage system is required for the development in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. Stormwater will be retained on-site in seepage beds. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. Six-foot wide parkways are proposed along internal streets within the development and are required to be planted with Class II trees and have root barriers in accord with the standards listed in UDC 11-3A-17E. The plant schedule does not include tree class; the plan should be revised accordingly to ensure compliance with UDC standards. EXHIBIT A Silverwater South – PP H-2016-0082 PAGE 7 There are no existing trees on the site. Open Space & Site Amenities: A minimum of 10% qualified open space is required to be provided with this development as set forth in UDC 11-3G-1. The applicant proposes a total of 3.65% (or 0.44 of an acre) of a 50’ x 100’+ open space area, 6-foot wide parkways and micropath lots. In the overall Silverwater development which encompasses 54.14 acres of land, a total of 7.38 acres (or 13.63% qualified open space will be provided. Staff is agreeable with counting the overall open space for the development toward the qualified open space for this phase. Landscaping needs to be included on the plan for Lot 27, Block 11 in accord with the standards listed in UDC 11-3G-3E. A minimum of one site amenity is required with this development. The applicant proposes a pathway as an amenity in accord with UDC 11-3G-3. Once developed, the overall Silverwater development will include a gazebo, basketball court, pathways and a tot lot as amenities. Fencing: All fencing installed on the site should comply with the standards listed in UDC 11-3A- 6B and 11-3A7. Fencing is not depicted on the landscape plan. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. Five- foot wide detached sidewalks are proposed along internal public streets with 6-foot wide parkways in accord with UDC standards. Waterways: The UDC (11-3A-6A) requires all irrigation ditches, laterals, canals and drains intersecting, crossing or lying within the area being developed to be piped or otherwise covered. Any open ditches that exist on this site are required to be piped with development. Floodplain: This site does not lie within the Meridian Floodplain Overlay District. Building Elevations: The applicant has submitted conceptual building elevations for the future homes in this development, included in Exhibit A.4. Building materials appear to consist of a mix of horizontal lap siding and vertical board and batten siding with stone veneer/brick accents. In summary, Staff recommends approval of the proposed preliminary plat request for this site with the conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C. X. EXHIBITS A. Maps/Plans 1. Vicinity Map 2. Preliminary Plat (stamped & dated: 7/12/16) 3. Landscape Plan (dated: 5/31/16) 4. Conceptual Building Elevations B. Conditions of Approval C. Required Findings from Unified Development Code EXHIBIT A - 2 - Exhibit A.1: Vicinity Map EXHIBIT A - 3 - Exhibit A.2 – Preliminary Plat (stamped & signed: 7/12/16) EXHIBIT A - 4 - Exhibit A.3: Landscape Plan (dated: 5/31/16) EXHIBIT A - 5 - Exhibit A.4: Conceptual Building Elevations EXHIBIT A - 6 - Exhibit B: Conditions of Approval 1.1 Site Specific Conditions of Approval 1.1.1 Applicant shall meet all terms of the approved annexation (AZ-06-015, Development Agreement Instrument #106151214). 1.1.2 The preliminary plat included in Exhibit A.2 dated 7/12/16 shall be revised as follows: a. Root barriers are required within the parkways along internal streets within the development in accord with the standards listed in UDC 11-3A-17E; revise street section accordingly. b. Note #3 should read as follows: “. . . Lot 17 of Block 14 15 and Lot 5 of Block 16 17 which are common area. . .” c. The residential density listed under the Land Use Summary is incorrect; it should be 3.97 units/acre. 1.1.3 The landscape plan included in Exhibit A.3 dated 5/31/16 shall be revised as follows: a. Include the tree class in the plant schedule. b. Common Lot 5, Block 7 shall be landscaped as proposed. The pathway is not required. c. Include landscaping on Lot 27, Block 11 in accord with the standards listed in UDC 11-3G- 3E. 1.1.4 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 1.1.5 All ditches, laterals and canals are required to be piped in accord with UDC 11-3A-6A unless waived by City Council. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table 11-2A-6. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct lot access to E. Victory Road is prohibited. 1.2.3 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.4 Comply with the sidewalk standards as set forth in UDC 11-3A-17. A 1.2.5 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.7 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.8 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. 1.2.9 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. EXHIBIT A - 7 - 1.2.11 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B- 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 EXHIBIT A - 8 - 2.1.2 Until the future adjacent phase of Silverwater Subdivision develops, thereby bringing sanitary sewer and water service to the area, this development is not serviceable. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. 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. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 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 prepared by an Idaho Licensed Professional Land Surveyor, 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. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28C1). 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 prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 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. 2.2.7 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. 2.2.8 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. 2.2.9 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 and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. EXHIBIT A - 9 - 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro- paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 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. 2.2.13 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. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-1-4B. 2.2.17 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. 2.2.18 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. 2.2.19 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. 2.2.20 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. 2.2.21 100 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 light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found on the city of meridian Public Works Department’s website at http://www.meridiancity.org/public_works.aspx?id=272. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse 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 surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. EXHIBIT A - 10 - 2.2.23 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, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate 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. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department has no comments with this application. 4. FIRE DEPARTMENT 4.1 One and two family dwellings not exceeding 3,600 square feet require a fire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 4.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10’. f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.3 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 4.4 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.5 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and have a clear driving surface of 20’ in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 4.6 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.7 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13’6 as set forth in International Fire Code Section 503.2.1. EXHIBIT A - 11 - 4.8 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.9 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1) 5. REPUBLIC SERVICES 5.1 Republic Services has no comments on this application. 6. PARKS DEPARTMENT 6.1 The Park’s Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Extend six stub streets (Pistioa, Ionia, Ceasar, Bringham – north and south, and Barletta) into the site as 33-foot street sections with rolled curb, gutter, and an 8-foot wide planter strip within 43- feet of right-of-way. Construct 5-foot wide detached concrete sidewalks, as proposed. Provide a permanent right-of-way easement for the detached sidwalks located outside of the dedicated right-of-way. The right-of-way width can be reduced to 2-feet behind the back of curb. If a 6-foot wide planter strip is constructed then street trees are prohibited. 7.1.2 A Traffic Impact Fee will be assessed by ACHD and will be due prior to issuance of a building permit. 7.1.3 The applicant will be required to pay all applicable platting and review fees prior to final approval. 7.1.4 Comply with the Standard Conditions of Approval as noted below. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of-way (including all easements). 72.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.6, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be EXHIBIT A - 12 - borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. EXHIBIT A - 13 - Exhibit C: Required Findings from Unified Development Code 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services are available to be extended to the proposed lots and will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Based on comments received from public service providers (i.e., Police, Fire, ACHD, etc.) the City Council finds there is public financial capability of supporting services for the proposed development. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health, safety, or environmental problems associated with the platting of this property that will be detrimental to the public health, safety or general welfare. ACHD considers road safety issues in their analysis. f. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site. Meridian City Council Meeting DATE: October 4, 2016 ITEM TITLE: ITEM NUMBER: 6F PROJECT NUMBER: Findings of Fact, Conclusions of Law for Approval for Silverwater North (H-2016-0083) by Trilogy Development Located at South Side of E. Victory Road and West of S. Locust Grove Road 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 CITY OF MERIDIAN E IDIANFINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Preliminary Plat Consisting of Thirteen (13) Building Lots and One (1) Common Area Lot on 4.12 Acres of Land in the R-8 Zoning District for Silverwater North Subdivision, by Trilogy Development. Case No(s). H-2016-0083 For the City Council Hearing Date of: September 20, 2016 (Findings on October 4, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (1.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title I l Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11 -7 84 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0083 - I - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0083 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of September 20, 2016, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of September 20, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of September 20, 2016 By action of the City Council at its regular meeting held on the day of "6e4,— , 2016. COUNCIL PRESIDENT KEITH BIRD VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED 7(4 COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED d+ COUNCIL MEMBER TY PALMER VOTED Y64 COUNCIL MEMBER LUKE CAVENER VOTED Y(4 COUNCIL MEMBER GENESIS MILAM VOTED Yeo MAYOR TAMMY de WEERD VOTED ,— (TIE BREAKER) Mayor Ta e Weerd VORATEo AGC Attest: to IW C.J0 Coles City Cleric o`rne Ppre�RE�P�� Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: ffla& Dated: / City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0083 - 3 - EXHIBIT A Silverwater North – PP H-2016-0083 PAGE 1 STAFF REPORT Hearing Date: September 20, 2016 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Silverwater North – PP (H-2016-0083) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Trilogy Development, has submitted an application for a preliminary plat (PP) consisting of 13 building lots and 1 common lot on 4.12 acres of land in the R-8 zoning district. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed PP application in accord with the Findings of Fact and Conclusions of Law in Exhibit C. The Meridian Planning & Zoning Commission heard these items on August 18, 2016. At the public hearing, the Commission moved to recommend approval of the subject PP request. a. Summary of Commission Public Hearing: i. In favor: Scott Wonders, Applicant’s Representative ii. In opposition: None iii. Commenting: Nancy Buckley iv. Written testimony: Scott Wonders, Applicant’s Representative (in agreement with staff report) v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Concern of overdevelopment in Meridian and of school and roads not being able to support the growth. c. Key Issues of Discussion by Commission: i. None d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard this item on September 20, 2016. At the public hearing, the Council approved the subject PP request. a. Summary of City Council Public Hearing: vii. In favor: Scott Wonders, Applicant’s Representative viii. In opposition: None ix. Commenting: None x. Written testimony: None xi. Staff presenting application: Sonya Allen xii. Other staff commenting on application: None EXHIBIT A Silverwater North – PP H-2016-0083 PAGE 2 b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: ii. None di. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016- 0083, as presented in the staff report for the hearing date of September 20, 2016, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0083, 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-2015-0083 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 site is located on the south side of E. Victory Road, west of S. Locust Grove Road, in the NE ¼ of Section 30, Township 3 North, Range 1 East. (Parcel No.: S1130120770) B. Owner: Corey Barton Homes, Inc. 1977 E. Overland Road Meridian, ID 83642 C. Applicant: Trilogy Development 9839 W. Cable Car St., Ste. 101 Boise, ID 83709 D. Representative: Scott Wonders, J-U-B Engineers, Inc. 250 S. Beechwood, Ste. 201 Boise, ID 83709 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: August 1, and 15, 2016 (Commission); August 20 and EXHIBIT A Silverwater North – PP H-2016-0083 PAGE 3 September 12, 2016 (City Council) C. Radius notices mailed to properties within 300 feet on: July 21, 2016 (Commission); August 30, 2016 (City Council) D. Applicant posted notice on site(s) on: August 8, 2016 (Commission); September 9, 2016 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of vacant/undeveloped agricultural land, zoned R-8. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: E. Victory Road and single-family residential property, zoned R-4 2. East: King’s Congregation Church, zoned L-O 3. South: Vacant/undeveloped land (future phases of Silverwater Subdivision), zoned R-8 4. West: Rural residential property, zoned RUT in Ada County C. History of Previous Actions:  In 2006, this property was annexed and zoned (AZ-06-015) with an R-8 zoning district and included in a preliminary plat (PP-06-013) for Tanana Valley Subdivision. A development agreement was required as a provision of annexation (Instrument No. 106151214)  In 2007, a new preliminary plat (PP-07-015) was approved for Cavanaugh Subdivision which included the subject property. A final plat has not been recorded for the subject property  In 2008, an 18 month time extension (TE-08-022) was approved by the Director until February 22, 2010 to obtain the City Engineer’s signature on the final plat.  In 2010, another 18 month time extension (TE-10-005) was approved by Council until August 22, 2011 to obtain the City Engineer’s signature on the final plat.  In 2011, a 2-year time extension (TEC-11-005) was approved by Council until August 22, 2103 to obtain the City Engineer’s signature on the final plat.  In 2013, another 2-year time extension (TEC-13-005) was approved by Council until August 22, 2015 to obtain the City Engineer’s signature on the final plat. Because there are now multiple owners and the site is not developing under one master plan as originally proposed, staff required new preliminary plats to be submitted for the remaining land to the north and south of the Ridenbaugh Canal that has not been final platted. D. Utilities: 1. Location of sewer: A sanitary sewer main intended to provide service to the subject area are currently planned as part of the development of Silverwater Subdivision to the south. 2. Location of water: A water main intended to provide service to the subject area are currently planned as part of the development of Silverwater Subdivision to the south. 3. Issues or concerns: Until the future adjacent phase of Silverwater Subdivision develops, thereby bringing sanitary sewer and water service to the area, this development is not serviceable. EXHIBIT A Silverwater North – PP H-2016-0083 PAGE 4 E. Physical Features: 1. Canals/Ditches Irrigation: There is an irrigation ditch that crosses this site. 2. Hazards: Staff is unaware of any hazards that may exist on this site. 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS Land Use: The Comprehensive Plan Future Land Use Map (FLUM) designates this property as Mixed Use – Neighborhood (MU-N) with a Neighborhood Center (N.C.) overlay. The purpose of the MU-N designation is to assign areas where neighborhood-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to avoid predominately single- use developments by incorporating a variety of uses. Land uses in these areas should be primarily residential with supporting non-residential services. Residential uses should comprise a minimum of 40% of the development area at6 densities ranging from 6 to 12 units/acre. In areas where there is a N.C. overlay designation, the City seeks to create a centralized, pedestrian- oriented, identifiable and day-to-day, service-oriented focal point for neighborhood scale development. Like other designations, the N.C. areas shown on the FLUM are conceptual only and intended to identify a maximum walking distance from the core of the N.C. of ¼ mile. The proposed gross density of the project is 3.16 dwelling units/acre which falls below that desired in MU-N designated areas of 6 to 12 units/acre. There are also no non-residential uses, only single- family residential uses on this site and the MU-N designated area as a whole. Back in 2006 when the zoning and preliminary plat was approved, this site was planned to develop as a school; at that time, it was found to be consistent with the FLUM and Comprehensive Plan. Since that time, the school district has decided this property is not needed for a school; therefore, the applicant wishes to develop the site with single-family residential detached homes consistent with the rest of the Silverwater development. Because FLUM designations are conceptual, staff supports the proposed development and finds that it is compatible with existing and future land uses in the area (i.e. residential and church uses). Staff finds the following goals and objectives of the Comprehensive Plan to be applicable to development of this site:  “Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) The proposed medium density residential development will contribute to the variety of housing options located within the City. Staff is unaware how “affordable” the housing will be.  “Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc.” (3.05.02C) Street buffer landscaping is required along E. Victory Road, a minor arterial street, per UDC Table 11-2A-6 in accord with the standards listed in UDC 11-3B-7C. Separate permits shall be obtained for signage and fencing. Fencing shall comply with the standards listed in UDC 11-3A-7. EXHIBIT A Silverwater North – PP H-2016-0083 PAGE 5  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The proposed medium-density residential development should be compatible with existing and future medium density residential and church uses.  “Require common area in all subdivisions.” (3.07.02F) Because this site is below 5 acres in size, qualified open space is not required per UDC 11- 3G-3B.  “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) With development of this property, right-of-way will be dedicated along the east boundary of the site for Mesa Way, which exists to the north across E. Victory Road. This will allow access for the church to the east via Victory Road.  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are currently available to this site and will be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-6 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. Single-family detached dwellings are listed as a principal permitted use in the R-8 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC 11-2A-6 for the R-8 zoning district. D. Landscaping: Street buffer landscaping is required as set forth in UDC Table 11-2A-6 for the R-8 zoning district. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The subject property was previously included in the preliminary plat for Cavanaugh Subdivision and was intended to develop with a public school. Since that time, the School District decided they didn’t need a school in this location. In 2015, it was included as Lot 24, Block 7 in the final plat for Silverwater Subdivision No. 3 but the plat has not yet been recorded. The proposed preliminary plat consists of 13 building lots and 1 common lot on 4.12 acres of land in the R-8 zoning district. The minimum lot size is 8,295 s.f. with the average lot size being 11,218 s.f. As discussed above in Section VII, the proposed density of 3.16 d.u./acre is below that EXHIBIT A Silverwater North – PP H-2016-0083 PAGE 6 desired in the MU-N designated area but found to be in substantial compliance with the Comprehensive Plan as the designations on the FLUM are conceptual. Existing Structure(s): There are no existing structures on this site. Dimensional Standards: All of the lots in the proposed subdivision are required to comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. Staff has reviewed the proposed lots and found them in compliance with these standards. Access: Access to this development is proposed on the plat from E. Springloyd Street, an internal local street proposed to be constructed with Phase 3 of Silverwater Subdivision, by way of S. Mesa Road and E. Victory Road; or, via internal local streets from S. Standing Timber Way via E. Victory Road. Construction of Springloyd Street and S. Mesa Way is required with Phase 3 for access to this site prior to signature on the final plat for this project. Utilities: Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. PI is required to be provided to this development from the existing Silverwater PI system and shall be maintained and operated by NMID. Storm Drainage: A storm drainage system is required for the development in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. Lot 32, Block 7 is proposed to contain the storm drainage for the development and shall be constructed in accord with the standards listed in UDC 11-3B-11C. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. Six-foot wide parkways are proposed along internal streets within the development and are required to be planted with Class II trees and have root barriers in accord with the standards listed in UDC 11-3A-17E. The plant schedule does not include tree class; the plan should be revised accordingly to ensure compliance with UDC standards. There are no existing trees on the site. Note: The street buffer along E. Victory Road and S. Mesa Way is not included in this plat; they were included on the final plat for Phase 3 of Silverwater Subdivision and will be constructed with that phase. Open Space & Site Amenities: Because the proposed development is below 5 acres in size, qualified open space and site amenities are not required to be provided, per UDC 11-3G-2. The applicant proposes a total of 6.04% (or 0.25 of an acre) of open space consisting of a storm drainage lot. Fencing: All fencing installed on the site should comply with the standards listed in UDC 11-3A- 6B and 11-3A7. Fencing is not depicted on the landscape plan. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. Five- foot wide detached sidewalks are proposed along internal public streets with 6-foot wide parkways in accord with UDC standards. EXHIBIT A Silverwater North – PP H-2016-0083 PAGE 7 Waterways: The UDC (11-3A-6A) requires all irrigation ditches, laterals, canals and drains intersecting, crossing or lying within the area being developed to be piped or otherwise covered. Any open ditches that exist on this site are required to be piped with development. Floodplain: This site does not lie within the Meridian Floodplain Overlay District. Building Elevations: The applicant has submitted conceptual building elevations for the future homes in this development, included in Exhibit A.4. Building materials appear to consist of a mix of horizontal lap siding and vertical board and batten siding with stone veneer/brick accents. Because the rear and/or sides of homes on lots (Lots 28-30 and 35-37, Block 7) adjacent to E. Victory Road, an arterial street will be highly visible, staff recommends the rear and/or sides of structures on these lots incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. In summary, Staff recommends approval of the proposed preliminary plat request for this site with the conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C. X. EXHIBITS A. Maps/Plans 1. Vicinity Map 2. Preliminary Plat (stamped & dated: 7/12/16) 3. Landscape Plan (dated: 6/1/16) 4. Conceptual Building Elevations B. Conditions of Approval C. Required Findings from Unified Development Code EXHIBIT A - 2 - Exhibit A.1: Vicinity Map EXHIBIT A - 3 - Exhibit A.2 – Preliminary Plat (stamped & signed: 7/12/16) EXHIBIT A - 4 - Exhibit A.3: Landscape Plan (dated: 6/1/16) EXHIBIT A - 5 - Exhibit A.4: Conceptual Building Elevations EXHIBIT A - 6 - Exhibit B: Conditions of Approval 1.1 Site Specific Conditions of Approval 1.1.1 Applicant shall meet all terms of the approved annexation (AZ-06-015, Development Agreement Instrument #106151214). 1.1.2 The preliminary plat included in Exhibit A.2 dated 7/12/16 shall be revised as follows: a. Root barriers are required within the parkways along internal streets within the development in accord with the standards listed in UDC 11-3A-17E; revise street section accordingly. 1.1.3 The landscape plan included in Exhibit A.3 dated 6/1/16 shall be revised as follows: a. Include the tree class in the plant schedule. b. Include landscaping within Lot 32, Block 7 as set forth in UDC 11-3B-11, Stormwater Integration. 1.1.4 Construction of Springloyd Street and S. Mesa Way is required to be completed with Phase 3 for access to this site prior to signature on the final plat for this project. 1.1.5 Because the rear and/or sides of homes on lots (Lots 28-30 and 35-37, Block 7) adjacent to E. Victory Road, an arterial street will be highly visible, staff recommends the rear and/or sides of structures on these lots incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. 1.1.6 The storm drainage facility proposed on Lot 32, Block 7 shall be constructed in accord with the standards listed in UDC 11-3B-11C. 1.1.7 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 1.1.8 All ditches, laterals and canals are required to be piped in accord with UDC 11-3A-6A unless waived by City Council. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table 11-2A-6. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct lot access to E. Victory Road is prohibited. 1.2.3 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drai nage courses, as set forth in UDC 11-3A-6. 1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. A minimum 5-foot wide detached sidewalk is required along E. Victory Road, an arterial street; and minimum 5-foot wide attached sidewalks are required along internal local streets. 1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. EXHIBIT A - 7 - 1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.11 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. 1.2.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.13 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B- 7B (if applicable). EXHIBIT A - 8 - 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 Domestic Water service to the subject property does not currently exist, and is dependent on the establishment of services via development of the future adjacent phase of Silverwater Subdivision. Applicant shall minimize dead end water mains, and shall install fire hydrants at dead ends in lieu of blow-offs. 2.1.2 Sanitary sewer service to the subject property does not currently exist, and is dependent on the establishment of services via development of the future adjacent phase of Silverwater Subdivision. 2.1.3 Until the future adjacent phase of Silverwater Subdivision develops, thereby bringing sanitary sewer and water service to the area, this development is not serviceable. 2.1.4 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. This plan will need to include the installation of 30' Type 1 lights along the frontage of Victory Road and Type 2 lighting on the subdivisions internal streets. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. 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. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 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 prepared by an Idaho Licensed Professional Land Surveyor, 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. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28C1). 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 EXHIBIT A - 9 - 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 prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 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. 2.2.7 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. 2.2.8 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. 2.2.9 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 and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro- paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 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. 2.2.13 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. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-1-4B. 2.2.17 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. 2.2.18 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. 2.2.19 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 EXHIBIT A - 10 - accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 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. 2.2.21 100 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 light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found on the city of meridian Public Works Department’s website at http://www.meridiancity.org/public_works.aspx?id=272. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse 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 surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 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, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate 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. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department has no comments with this application. 4. FIRE DEPARTMENT 4.1 One and two family dwellings not exceeding 3,600 square feet require a fire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 4.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. EXHIBIT A - 11 - e. Fire hydrants shall not have any vertical obstructions to outlets within 10’. f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.3 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 4.4 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.5 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and have a clear driving surface of 20’ in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 4.6 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.7 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13’6 as set forth in International Fire Code Section 503.2.1. 4.8 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.9 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1) 5. REPUBLIC SERVICES 5.1 Republic Services has no comments on this application. 6. PARKS DEPARTMENT 6.1 The Park’s Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Construct Pergola Place as a 33-foot street section with rolled curb, gutter, and an 8-foot wide planter strip within 43-feet of right-of-way. The right-of-way width can be reduced to 2-feet behind the back of curb. 7.1.2 Construct a 5-foot wide detached concrete sidewalk on Pergola Place, as proposed. Provid a permanent right-of-way easement for the detached sidewalks located outside of the dedicated right-of-way for Pergola Place. 7.1.3 Construct a cul-de-sac turnaround at the terminus of Pergola Place with a radius of 50 -feet, as proposed. EXHIBIT A - 12 - 7.1.4 Construct Intelligence Place as a 33-foot street section with rolled curb, gutter, and an 8-foot wide planter strip within 43-feet of right-of-way. The right-of-way width can be reduced to 2-feet behind the back of curb. 7.1.5 Construct a 5-foot wide detached concrete sidewalk on Inteleligence Place, as proposed. Provid a permanent right-of-way easement for the detached sidewalks located outside of the dedicated right-of-way for Inteleligence Place. 7.1.6 Construct a cul-de-sac turnaround at the terminus of Inteleligence Place with a radius of 50 -feet, as proposed. 7.1.7 Direct lot access to Victory Road is prohibited and should be noted on the final plat. 7.1.8 A Traffic Impact Fee will be assessed by ACHD and will be due prior to issuance of a building permit. 7.1.9 The applicant will be required to pay all applicable platting and review fees prior to final approval. 7.1.10 Comply with the Standard Conditions of Approval as noted below. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 72.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.6, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD EXHIBIT A - 13 - Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. EXHIBIT A - 14 - Exhibit C: Required Findings from Unified Development Code 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services are available to be extended to the proposed lots and will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, The City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Based on comments received from public service providers (i.e., Police, Fire, ACHD, etc.) the City Council finds there is public financial capability of supporting services for the proposed development. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health, safety, or environmental problems associated with the platting of this property that should be detrimental to the public health, safety or general welfare. ACHD considers road safety issues in their analysis. f. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site. Meridian City Council Meeting DATE: October 4, 2016 ITEM NUMBER: 6G PROJECT NUMBER: H-2016-0076 ITEM TITLE: Little Creek Subdivision Findings of Fact, Conclusions of Law for Approval for Little Creek Subdivision (H-2016- 0076) by David Alexander Located 1470 N. Locust Grove Road MEETING NOTES u✓ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ENILDjIAN;=_�FINDINGS OF FACT, CONCLUSIONS OF LAW C�w AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of Seventeen (17) Acres of Land with an R-40 Zoning District; Conditional Use Permit for a Multi -Family Development Consisting of 204 Dwelling Units in an R-40 Zoning District; and Preliminary Plan Consisting of Fifty -One (51) Building Lots, One (1) Lot for the Clubhouse, and Two (2) Common Area Lots on 15.85 Acres of Land for Little Creek Subdivision, by David Alexander. Case No(s). H-2016-0076 For the City Council Hearing Date of: September 20, 2016 (Findings on October 4, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. 567-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the. Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Cleric and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CI'T'Y OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0076 - I - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0076 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of September 20, 2016, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for Annexation and Zoning, Conditional Use Permit and Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of September 20, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the By action of the City Council at its regular meeting held on the day of 2016. W r ` 6 ew- COUNCIL PRESIDENT KEITH BIRD VOTED Z4 COUNCIL VICE PRESIDENT JOE BORTON VOTED Ya COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED Ya COUNCIL MEMBER LUKE CAVENER VOTED_ COUNCIL MEMBER GENESIS MILAM VOTED Y MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor T de Weerd Attest: (ily°f CCD M ip,1flo C.jay Colem2� "�EqL City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. (�r ILC-40(By: �� Dated: ity Clerk's Office /0-5-1 �) CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0076 - 4 - EXHIBIT A Little Creek Subdivision –AZ, CUP, PP H-2016-0076 PAGE 1 STAFF REPORT Hearing Date: September 20, 2016 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Little Creek Subdivision – AZ, CUP, PP (H-2016-0076) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, David Alexander, has submitted an application for Annexation and Zoning (AZ) of 17 acres of land with an R-40 zoning district; Conditional Use Permit (CUP) for a multi-family development consisting of 204 dwelling units in an R-40 zoning district; and Preliminary Plat (PP) consisting of 51 building lots, 1 lot for a clubhouse and 2 common lots on 15.85 acres of land. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ, CUP, and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on August 18, 2016. At the public hearing, the Commission moved to recommend approval of the subject PP request. a. Summary of Commission Public Hearing: i. In favor: Scott Wonders, Applicant’s Representative ii. In opposition: None iii. Commenting: Nancy Buckley iv. Written testimony: Scott Wonders, Applicant’s Representative (in agreement with staff report); Greg Ramp, Aire Incorporated v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Concern of overdevelopment in Meridian and of school and roads not being able to support the growth; ii. Traffic concerns at the Wilson Lane/Locust Grove Road intersection until Wilson is extended to the east in the future. c. Key Issues of Discussion by Commission: i. Relocating the common area along the east boundary to the north side of the 4 residential structures so that it aligns better with the common area to the east; ii. Direct access via Locust Grove Road and traffic/congestion at the Wilson/Locust Grove intersection; iii. The pinwheel design of the structures with only one building type/footprint. iv. The Commission was in support of the applicant’s request for a waiver to UDC 11-3A-6 to allow the Settler’s Canal/Jackson Drain to remain open along the southern boundary of the site and not be piped. d. Commission Change(s) to Staff Recommendation: i. Modify DA provision #1.1.1d to not require more than one building type provided that structures are off-set 90 degrees from each other and a variety of at least 3 different color pallets are used. EXHIBIT A Little Creek Subdivision –AZ, CUP, PP H-2016-0076 PAGE 2 ii. Modify condition #1.1.3e to require the dog park (open space) to be relocated to the north side of Lots 18 and 19, Block 1 (shown as Lots 19 and 20, Block 1 on the revised plat). e. Outstanding Issue(s) for City Council: i. The applicant requests a waiver from City Council to UDC 11-3A-6A.3 to allow the Settler’s Canal/Jackson Drain to remain open and not be piped along the southern boundary of the site. The Meridian City Council heard these items on September 20, 2016. At the public hearing, the Council approved the subject AZ, CUP and PP requests. a. Summary of City Council Public Hearing: i. In favor: Scott Wonders, Applicant’s Representative ii. In opposition: None iii. Commenting: Debra Resman iv. Written testimony: None v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: Joe Bongiorno b. Key issue(s) of Public Testimony: i. Separation of the proposed dog park/proposed development from the common area in the adjacent multi-family development to the east (applicant stated area would be enclosed with a 4-foot tall open vision fence around the dog park with a fence around the entire development); ii. Improvement and clean-up of the canal area along the southern boundary of the site (applicant stated area is in the process of being cleaned up). c. Key Issues of Discussion by Council: i. R-15 vs. the requested R-40 zoning district ii. Provision of a safe location for students to wait for the school bus. iii. Access for the site via Locust Grove and Wilson Lane and associated traffic issues. d. Key Council Changes to Commission Recommendation i. Add a provision requiring a safe location for children to wait for the school bus to be provided on the site; location of which based on recommendation by the school district (see condition #1.1.3f in Exhibit B). ii. Council approved a waiver to UDC 11-3A-6 to allow the Settler’s Canal/Jackson Drain to remain open and not be piped along the southern boundary of the site (see condition #1.1.1g). iii. Council approved a waiver to UDC 11-3A-3 for access via Locust Grove Road, an arterial street (see condition #1.1.5). III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H-2016-0076, as presented in the staff report for the hearing date of August 18, 2016, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2016-0076, as presented during the hearing on August 18, 2016, for the following reasons: (You should state specific reasons for denial) EXHIBIT A Little Creek Subdivision –AZ, CUP, PP H-2016-0076 PAGE 3 Continuance I move to continue File Number H-2016-0076 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 site is located at 1470 N. Locust Grove Road, in the northwest ¼ of Section 8, Township 3 North, Range 1 East. (Parcel #: R7104253800) B. Owner(s): In Perspective, LLC P.O. Box 7846 Boise, ID 83707 C. Applicant: David Alexander PO Box 7846 Boise, ID 83707 D. Representative: Scott Wonders, JUB Engineers, Inc. 250 S. Beechwood Ave., Ste. 201 Boise, Idaho 83709 E. Applicant’s Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning, conditional use permit and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on these applications, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: July 18 and August 1, 2016 (Commission); August 29 and September 12, 2016 (City Council) C. Radius notices mailed to properties within 300 feet on: July 21, 2016 (Commission); August 30, 2016 (City Council) D. Applicant posted notice on site(s) on: August 8, 2016 (Commission); September 9, 2016 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of rural residential property with an existing home, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Commercial businesses, zoned C-G 2. East: Multi-family residential (4-plex apartments), zoned R-40 3. South: Vacant/undeveloped property and an ACHD storm drainage facility, zoned C-G and L-O respectively 4. West: Single-family attached homes in Locust Grove Place, zoned R-40; and a wrecking yard, zoned C2 in Ada County EXHIBIT A Little Creek Subdivision –AZ, CUP, PP H-2016-0076 PAGE 4 C. History of Previous Actions: This property was previously platted as Lots 18-20 INC, Pleasant Valley Subdivision. D. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer mains intended to provide service to the subject site currently exist in E. Wilson Lane. b. Location of water: Water mains intended to provide service to the subject site currently exist in E. Wilson Lane. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: Settler’s Canal runs along the southern boundary of this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This site is not located in the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated High-Density Residential (HDR) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. HDR designated areas allow for the development of multi-family homes in areas where urban services are provided. Residential gross densities may exceed 15 dwelling units per acre. Development might include duplexes, apartment buildings, townhouses, and other multi-unit structures. 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. The applicant proposes to develop the site with fifty-one (51) 4-plex structures containing a total of 204 dwelling units at a gross density of 12.87 units/acre and a net density of 16.68 units/acre. The proposed zoning of R-40 is consistent with the HDR FLUM designation; however, the proposed density falls within the density range desired in MHDR designated areas of 8 to 15 units/acre, which is slightly below that of 15+ units/acre desired in HDR designated areas. The proposed density will require approval of a “step” down in density from HDR to MHDR by City Council. Note: In residential areas, other residential densities (within one “step”) will be considered without requiring a Comprehensive Plan Amendment (pg. 21). MHDR designated areas allow for the development of a mix of relatively dense residential housing types including townhouses, condominiums and apartments. Residential gross densities should range from 8 to 15 units/acre with a target density of 12 units/acre. These are relatively compact areas within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents. Developments need to incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate connectivity with adjacent uses and area pathways, attractive landscaping and individual project identity. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): EXHIBIT A Little Creek Subdivision –AZ, CUP, PP H-2016-0076 PAGE 5  “Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) The proposed MHDR development will contribute to the variety of residential categories that currently exist in this area (i.e. medium and medium-high density). Staff is unaware of how “affordable” the units will be.  “Provide housing options close to employment and shopping centers.” (3.07.02D) Because of its location in close proximity to employment and shopping centers along Fairview Avenue and Eagle Road, this property is ideal for providing higher density housing options.  “Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares.” (3.07.02N) The proposed MHDR development is located in close proximity to major access thoroughfares (i.e. I-84, E. Fairview Avenue, and SH-55/Eagle Road) within the City. It’s also within a couple miles of Kleiner Park, a regional 60-acre City park northeast of this site. A segment of the City’s regional pathway system is also designated on this site along the southern boundary adjacent to the Settler’s Canal.  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The proposed multi-family 4-plexes should be compatible with the same use to the east, attached residential units to the west across Locust Grove Road and commercial uses to the north across Wilson Lane.  “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” (2.01.04B) Landscaping is proposed within planter islands in the parking areas on this site as shown on the landscape plan attached in Exhibit A.4.  “Require common area in all subdivisions.” (3.07.02F) Common area is required within this development in accord with the standards listed in UDC 11-3G-3B and 11-4-3-27C.  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) This property is contiguous to land that has already been annexed into the City. Urban services can be provided to this property upon development.  “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of the community pathway system.” (3.03.03B) The proposed 10-foot wide pathway along the Settler’s Canal at the southern boundary of the site will connect to an existing segment of the City’s regional pathway system at the east boundary of the site and to the west providing pedestrian connectivity between neighborhoods.  “Consider the adopted COMPASS regional long-range transportation plan in all land-use decisions.” (3.03.02G) EXHIBIT A Little Creek Subdivision –AZ, CUP, PP H-2016-0076 PAGE 6 The proposed development supports 11 Communities in Motion (CIM) 2040 checklist items and does not support 9 CIM 2040 checklist items (see CIM 2040 Development Checklist included in the public record for more information). The checklist recommends consideration of the provision of a safe location for students to wait for school busing; and alignment of the proposed pathway along the Settler’s Canal in accord with the 2015 Meridian Pathways Network Plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zoning District: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range (UDC 11-2A-1). The high- density residential (R-40) district allows a maximum gross density of 40 dwelling units per acre. B. Schedule of Use: UDC Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the proposed R-40 zoning district. Any use not explicitly listed is prohibited. A multi-family development is listed as a conditional use in the R-40 district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-8 for the R-40 district. D. Landscaping: Landscaping is required within parking areas in accordance with the standards listed in UDC 11-3B-8C and within common areas in accord with UDC 11-3G-3 and 11-4-3-27F. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for multi- family dwellings. F. Structure and Site Design Standards: The proposed multi-family development must comply with the design standards in accord with UDC 11-3A-19 and the Architectural Standards Manual. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: A. Annexation & Zoning (AZ): The applicant requests approval to annex & zone 17 acres of land with an R-40 zoning district consistent with the HDR FLUM designation for this site. The applicant has submitted a site plan, included in Exhibit A.2, that depicts (51) 4-plex structures with a total of 204 dwelling units. These structures are proposed to be located on individual lots. The proposed R-40 zoning and multi-family development is consistent with the property to the east which is also zoned R-40 and consists of multi-family residential uses (4-plex apartments) and provides a transition from the commercial uses to the north to the future mixed use development to the south (Pinebridge). The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed and recommended by staff with this application, staff recommends a DA is required as a provision of annexation with the provisions included in Exhibit B. EXHIBIT A Little Creek Subdivision –AZ, CUP, PP H-2016-0076 PAGE 7 B. Conditional Use Permit (CUP): A CUP is requested for a multi-family development in the proposed R-40 zoning district as required by UDC Table 11-2A-2. The proposed multi-family development consists of a total of 204 dwelling units in (51) 4-plex structures on 15.85 acres of land in a proposed R-40 zoning district. The units consist of a mix of 2 and 3 bedroom units. Note: Since the CUP application was submitted, a revised site plan has been submitted that reflects compliance with ACHD’s requirements for access; staff’s comments are based on the revised plan (see Exhibit A.2). Specific Use Standards: The specific use standards for multi-family developments listed in UDC 11-4-3-27 apply to development of this site as follows: (Staff’s comments in italics)  A minimum of 80 square feet (s.f.) of private useable open space is required to be provided for each unit. The floor plans submitted with this application depict 80+ s.f. patios for each unit in compliance with this requirement.  Developments with 20 units or more shall provide a property management office, a maintenance storage area, a central mailbox location with provisions for parcel mail that provides safe pedestrian and/or vehicular access and a directory map of the development at an entrance or convenient location for those entering the development. The site plan submitted with the Certificate of Zoning Compliance application should depict the se items.  At a minimum, 250 s.f. of common open space is required for each unit containing more than 500 s.f. and up to 1,200 s.f. of living area. All of the proposed units are between 500 and 1,200 square feet; therefore, a minimum of 51,000 square feet or 1.17 acres of common open space is required for this development in addition to the 10 percent required by UDC 11-3G-3.  For multi-family developments with 75 units or more, 4 site amenities are required to be provided with at least one from each category listed in UDC 11-4-3-27D. For developments with more than 100 units, the decision making body shall require additional amenities commensurate to the size of the proposed development. The applicant proposes 2 gazebos, a swimming pool, a clubhouse with an exercise room and a lounge area, a 50’ x 100’ open grassy area, walking trails, a dog park, a tot lot and a segment of the City’s multi-use pathway system as amenities in compliance with UDC standards. These amenities fall within the quality of life, open space and recreation categories as required.  Landscaping is required to comply with UDC 11-4-3-27-F. All street facing elevations shall have landscaping along their foundation as follows: the landscaped area shall be at least 3-feet wide and have an evergreen shrub with a minimum mature height of 24 inches for every 3 linear feet of foundation. The remainder of the area shall be landscaped with ground cover plans. The landscape plan submitted with the Certificate of Zoning Compliance should comply with this requirement for the sides of the structures that face E. Wilson Lane and N. Locust Grove Road.  The development is required to record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. The applicant should submit documentation of compliance with this requirement prior to issuance of Certificate of Occupancy. EXHIBIT A Little Creek Subdivision –AZ, CUP, PP H-2016-0076 PAGE 8 Parking: For multi-family developments, off-street parking is required in accord with the standards listed in UDC Table 11-3C-6, which requires 2 parking spaces per dwelling unit with at least one of those in a covered carport or garage. Based on (204) 2- and 3-bedroom units, a minimum of 408 parking spaces are required, 204 of which should be covered. The site plan depicts a total of 489 spaces, 208 of which are covered, which complies with and exceeds UDC standards by a total of 81 spaces. For non-residential uses such as the clubhouse, a minimum of one space is required to be provided for every 500 square feet (s.f.) of gross floor area in accord with the standards listed in UDC 11-3C-6B. Based on 6,000 s.f., a minimum of 12 spaces are required. A total of 12 parking spaces are proposed for the clubhouse in accord with UDC standards. A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof is required to be provided on the site per UDC 11-3C-6G in accord with the standards listed in UDC 11-3C-5C. Based on 489 vehicle spaces proposed, a minimum of 20 bicycle spaces in bicycle racks are required to be interspersed throughout the development. No bicycle parking facilities are depicted on the plans. The plans submitted with the Certificate of Zoning Compliance application should depict the location of the bicycle racks. Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-8C. A buffer to adjoining land uses is not required as the existing and proposed uses are all residential in nature and the proposed zoning is R-40. A 25-foot wide street buffer is required to be provided along N. Locust Grove Road, an arterial street per UDC Table 11-2A-8, and must be landscaped in accord with the standards listed in UDC 11-3B-7C (no buffer is required in the R-40 district along E. Wilson Lane, a local street). The landscape plan needs to be revised consistent with the changes to the site plan/preliminary plat required by ACHD in Exhibits A.2 and A.3. Mitigation: There are existing trees on this site. The applicant is required to comply with the mitigation standards listed in UDC 11-3B-10C.5 for any existing trees 4-inch caliper or greater that are removed from the site. Contact Elroy Huff, City Arborist (208-371-1755), prior to removal of any existing trees from the site. Building Elevations: Only one building type is proposed for the future multi-family structures within the development as shown in Exhibit A.5. Staff recommends additional building types with a mix of colors and materials are provided for variety within the development as set forth in the Architectural Standards Manual. The architectural character of the structures shall comply with the standards listed in the City of Meridian Architectural Standards Manual. The elevations submitted with the Certificate of Zoning Compliance application should demonstrate compliance with those standards. Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to construction, in accord with UDC 11-5B-1. Design Review: The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building design is required to be generally consistent with the elevations and site plan submitted with this application and the standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. C. Preliminary Plat (PP): EXHIBIT A Little Creek Subdivision –AZ, CUP, PP H-2016-0076 PAGE 9 The applicant proposes to re-subdivide Lots 18-20 INC, Pleasant Valley Subdivision. The proposed plat consists of 51 building lots and 3 common lots on 15.85 acres of land in the proposed R-40 zoning district. The smallest lot is 5,494 square feet (s.f.) with an average lots size of 6,707 s.f. A phasing plan was submitted as shown in Exhibit A.3 that proposes 2 phases of development, starting on the eastern portion of the site. Note: Since the preliminary plat application was submitted, a revised plat has been submitted that reflects compliance with ACHD’s requirements for access; staff’s comments are based on the revised plat (see Exhibit A.3). Existing Structures: There is an existing home and accessory structures on this site. All structures are required to be removed prior to City Engineer signature on the final plat. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11-2A.8 for the R-40 zoning district. All of the lots comply with the minimum standards. Construction of buildings on the site should comply with the setbacks for the R-40 district. Access: Access to streets is required to comply with the standards listed in UDC 11-3A-3. The proposed (revised) plat depicts two accesses for the development - one via E. Wilson Lane, a local street at the north boundary of the site and one via N. Locust Grove Road, an arterial street at the west boundary of the site. The original plat submitted with this application depicts 2 accesses via Wilson Lane with no access via Locust Grove Road (see Exhibit A.3). The ACHD report required the driveway nearest the Wilson/Locust Grove intersection to be located a minimum of 500 feet east of Locust Grove Road; and the existing driveway via Locust Grove (located approximately 300 feet south of the Wilson/Locust Grove intersection) to remain and serve as a full-access driveway for the site. The applicant revised the plat to comply with ACHD’s requirements and removed the westernmost access via Wilson Lane and included a full access via Locust Grove. Because congestion is currently a problem at this intersection for traffic accessing Locust Grove via Wilson, ACHD’s traffic engineers determined a full access via Locust Grove would help to improve the situation rather than having all of the traffic flowing through Wilson; Staff supports the proposed accesses shown on the revised plat if Council approves a waiver to UDC 11-3A-3 for an access via an arterial street. Stub Streets/Street Improvements: There are no stub streets proposed to adjacent properties to the east or south. The property to the east is already developed without a stub/access to this property and connection to the south would require a bridge over the Settler’s Canal. ACHD is requiring additional right-of-way totaling 59 feet from centerline of N. Locust Grove Road to be dedicated abutting the site. Wilson Lane is proposed to be completed as a 36-foot wide street section with curb, gutter and 5-foot wide attached sidewalk abutting the site. The Capital Improvement Plan (CIP)/Integrated Five Year Work Plan (IFYWP) includes the widening of the Locust Grove/Fairview intersection to 7-lanes on the north and south legs and 9- lanes on the east and west legs and to be signalized. Fairview Avenue is listed in the CIP for corridor preservation for future widening to 7-lanes from Meridian Road to Eagle Road between 2017 and 2021. Locust Grove is listed in the CIP to be widened to 5-lanes from Fairview to Ustick between 2017 and 2021. Traffic Impact Study (TIS): A TIS was prepared by Thompson Engineering for this project; a summary of which can be found in the ACHD report. Landscaping: A 25-foot wide street buffer is required along N. Locust Grove Road, an arterial street, per UDC Table 11-2A-8 in accord with the standards listed in UDC 11-3B-7C; street EXHIBIT A Little Creek Subdivision –AZ, CUP, PP H-2016-0076 PAGE 10 buffers are not required along local streets (i.e. Wilson Lane) in residential districts. The street buffer is required to be on a common lot maintained by a homeowner’s association. The landscape plan needs to be revised consistent with the changes to the site plan/preliminary plat required by ACHD in Exhibits A.2 and A.3. Open Space: A minimum of 10% (or 1.59 acres) of the area of the site is required to consist of qualified open space in accord with the standards listed in UDC 11-3G-3B in addition to that required by UDC 11-4-3-27 for multi-family developments (1.17 acres) for a total of 2.76 acres. A total of 3.07 acres (or 19.36%) of open space is proposed consisting of half of the street buffer along Locust Grove Road, a 20-foot wide linear open space area along Wilson Lane, common area where the clubhouse, swimming pool and tot lot is located and miscellaneous open grassy areas that are a minimum of 20’ x 20’ in area (see Exhibit A.2). Because there is existing common open space abutting the east boundary of this site adjacent to proposed Lots 17, 18 and 21 that is part of the adjacent multi-family development, staff recommends relocating the common area (dog park) proposed along the south side of Lots 20 & 21 to the north side of those lots. This will provide a view corridor to the existing common area instead of “walling” it off with buildings and provide more separation between structures and open space for recreation visible from the 4 abutting structures. Site Amenities: A minimum of one qualified site amenity that meets the requirements listed in UDC 11-3G-3C is required to be provided within this development in addition those required by UDC 11-4-3-27 for multi-family developments (see CUP analysis above). The applicant proposes 2 gazebos, a swimming pool, a clubhouse with an exercise room and a lounge area, a 50’ x 100’ open grassy area, walking trails, a dog park, a tot lot and a segment of the City’s multi-use pathway system as amenities in compliance with UDC standards. The common areas where the gazebos, swimming pool, clubhouse, tot lot and dog park are located are proposed in the first phase of development. Pathway: A 10-foot wide multi-use pathway is proposed along the north side of the Settler’s Canal along the southern boundary of this site in accord with the Pathways Master Plan. Sidewalks/pathways are proposed adjacent to parking areas and around buildings which provide pedestrian access to dwelling units, common areas and site amenities. Connections should be provided to the sidewalks along Locust Grove and Wilson Lane from internal pathways. Waterways: The Settler’s Canal/Jackson Drain runs along the southern boundary of this site. Because the centerline of the ditch lies on the property line and is a very large drain that is approximately 15 feet deep, the applicant requests a waiver to UDC 11-3A-6A.3 which requires all irrigation ditches/laterals/canals/drains to be piped. City Council may waive the requirement for large capacity facilities. Fencing: A 6-foot tall open vision fence, having an 11-guage, 2-inch mesh or other construction, equivalent in ability to deter access to the waterway is required along the Settler’s Canal/Jackson Drain unless the drain is improved as a water amenity as set forth in UDC 11-1A-1. Sidewalks: Sidewalks are required to be provided with development in accord with the standards listed in UDC 11-3A-17. A 7-foot wide attached sidewalk exists along Locust Grove Road; no sidewalk exists along Wilson Lane. The UDC requires detached sidewalks to be provided along arterial streets (i.e. Locust Grove); however, because the sidewalk along Locust Grove is fairly new, staff does not recommend it is torn out and reconstructed. Staff recommends a 5-foot wide attached sidewalk is constructed along Wilson Lane as proposed. Utilities: Street lights are required to be installed along public streets adjacent to the development in accord with the City’s adopted standards, specifications and ordinances. All development is EXHIBIT A Little Creek Subdivision –AZ, CUP, PP H-2016-0076 PAGE 11 required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Adequate fire protection shall be required in accord with the appropriate fire district standards. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed and will be served by the Nampa & Meridian and Settler’s Irrigation Districts. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications, and ordinances, per UDC 11-3A-18. Stormwater is proposed to be retained on-site in seepage beds. In summary, Staff recommends approval of the proposed AZ, CUP and PP applications with the development agreement provisions and conditions included in Exhibit of this report in accord with the findings contained in Exhibit D if Council determines a “step” down in density from HDR to MHDR is appropriate for this site. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Site Concept Plan (dated: 7/1/16 8/16/16), Floor Plan & Open Space Exhibit (dated: 8/16/16) 3. Proposed Preliminary Plat & Phasing Plan (dated: 6/20/2016) 3. Proposed Landscape Plan (dated: 6/20/16) (NOT APPROVED) 4. Proposed Building Elevations & Renderings B. Agency & Department Comments C. Legal Description & Exhibit Map for Annexation & Zoning Boundary D. Required Findings from Unified Development Code EXHIBIT A Exhibit A Page 1 A. Drawings/Other Exhibit A.1: Zoning Map EXHIBIT A - 2 - Exhibit A.2: Proposed Site Concept Plan (dated: 7/1/16 8/16/16), Floor Plan & Open Space Exhibit (dated: 8/16/16) EXHIBIT A - 3 - EXHIBIT A - 4 - Exhibit A.3: Proposed Preliminary Plat (dated: 6/20/2016 8/16/16) & Phasing Plan (dated: 9/20/16) EXHIBIT A - 5 - Exhibit A.4: Proposed Landscape Plan (dated: 6/20/16 8/18/2016) EXHIBIT A - 6 - Exhibit A.5: Proposed Building Elevations & Renderings EXHIBIT A - 7 - EXHIBIT A - 8 - EXHIBIT A - 9 - EXHIBIT A - 10 - B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS 1. PLANNING DEPARTMENT 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. The existing home and associated outbuildings shall be removed from the site prior to signature on the final plat by the City Engineer. b. Future development of this site shall substantially comply with the preliminary plat, site plan and landscape plan included in Exhibit A and the conditions contained herein. c. A maximum of 204 residential dwelling units shall be constructed within this development. d. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual (ASM). Additional building types shall be provided that include a mix of colors and materials for variety within the development in accord with the ASM (Goal R1.20). Windows are required on all elevations that face areas used for children’s recreation to allow views of these areas, including those on Lots 17, 18 and 21 that face the common area on the adjacent development to the east. e. At a minimum, site amenities shall be provided for this development from each of the amenity categories as follows: a clubhouse with an exercise facility and lounge area, 2 gazebos, a tot lot, and a dog park (or open space) as quality of life amenities; a 50’ x 100’ open grassy area as an open space amenity; and a segment of the City’s multi-use pathway system, a swimming pool, tot lot with children’s play equipment and walking trails as recreation amenities in accord with the standards listed in UDC 11-3G-3C and 11-4-3-27D. f. A minimum of 2.76 acres of qualified open space shall be provided within this development as set forth in UDC 11-3G-3 and 11-4-3-27. g. The Settler’s Canal/Jackson Drain which runs along the southern boundary of this site shall be piped or otherwise covered as set forth in UDC 11-3A-6A.3, unless a waiver is approved by City Council for the waterway to remain open as requested by the applicant. Council approved a waiver to UDC 11-3A-6A.3 to allow the Settler’s Canal/Jackson Drain to remain open and not be piped along the southern boundary of the site. 1.1.2 The developer shall comply with the specific use standards for multi-family developments listed in UDC 11-4-3-27, including but not limited to the following: a. The applicant shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features, per UDC 11-4-3-27G. A recorded copy shall be submitted to the City prior to issuance of Certificate of Occupancy for the first structure within the development. b. Submit floor plans for the units that demonstrate compliance with UDC 11-4-3-27B.3 which requires a minimum of 80 square feet (s.f.) of private useable open space to be provided for EXHIBIT A - 11 - each unit. 1.1.3 The revised site plan included in Exhibit A.2, dated July 1, 2016, shall be modified as follows: a. Depict a property management office, a maintenance storage area, a central mailbox location with provisions for parcel mail that provides safe pedestrian and/or vehicular access and a directory map of the development at an entrance or convenient location for those entering the development in accord with UDC 11-4-3-27B.7. b. Depict bicycle racks interspersed throughout the development with a minimum total of 20 bicycle spaces in accord with UDC 11-3C-5C and 11-3C-6G. c. Depict a 6-foot tall open vision fence with an 11-guage, 2-inch mesh or other construction, equivalent in ability to deter access to the waterway (Settler’s Canal/Jackson Drain); or, improve the drain as a water amenity as set forth in UDC 11-1A, per UDC 11-3A-6B. d. Depict pathway connections to the sidewalks along Locust Grove and Wilson Lane from internal pathways. e. Relocate the common area (depicted as a dog park) on the south side of Lots 20 and 21 to the north side of those lots Lots 18 and 19, Block 1. f. Depict a safe location for children to wait for the school bus as set forth in the adopted COMPASS regional long-range transportation plan; location of which as recommended by the school district. 1.1.4 The landscape plan included in Exhibit A.4, dated June 20, 2016, shall be revised as follows: a. All elevations that face E. Wilson Lane and N. Locust Grove Road shall have landscaping along their foundations that comply with the minimum standards listed in UDC 11-4-3-27E.2. b. Revise the landscape plan to coincide with the revised site layout. 1.1.5 The revised preliminary plat included in Exhibit A.3, dated August 11, 2016, is approved as submitted unless Council does not approve a waiver to UDC 11-3A-3 for access via Locust Grove Road. In such case, the plat (and associated plans) should be revised to reflect access via Wilson Lane. Council approved a waiver to UDC 11-3A-3 for access via Locust Grove Road. 1.1.6 All fencing shall comply with the standards listed in UDC 11-3A-6 and 11-3A-7. 1.1.7 All storm drainage areas included in the qualified open space calculations shall comply with the standards listed in UDC 11-3B-11, Stormwater Integration. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. EXHIBIT A - 12 - 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I, 11-3B-8C, and Chapter 3 Article C. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C (streets). 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.11 Provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with the design standards as set forth in UDC 11-3C-5C. 1.2.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.2.13 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11-3B-11C. 1.2.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the City of Meridian Standards Manual. 1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.2.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.2.17 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7 and 11-3A-6B as applicable. 1.3 Ongoing Conditions of Approval 1.3.1 The conditional use may only be transferred or modified consistent with the provisions as set forth in UDC 11-5B-6G. The applicant shall contact Planning Division staff regarding any proposed modification and/or transfer of ownership. 1.3.2 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The conditional use approval shall be null and void if the applicant fails to 1) commence the use within two years as set forth in UDC 11-5B-6F1 or 2) gain approval of a time extension as set forth in UDC 11-5B-6F4. 1.4.3 The preliminary plat approval shall be null and void if the applicant fails to obtain City Engineer signature on a final plat within two (2) years of approval of the preliminary plat; or, obtain approval of a time extension as set forth in UDC 11-6B-7. 1.4.4 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application from the Planning Division, prior to submittal of any building permit application. EXHIBIT A - 13 - 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. The plan will need to include the installation of Type 2 lighting along E Wilson Lane, and a type 1 (LED fixture at a 35' mounting heights with at 12' mast arm) light on Locust Grove Road, 300' south of Wilson Lane. 2.1.2 Applicant shall minimize dead end water mains, and shall install fire hydrants at dead ends in lieu of blow-offs. 2.1.3 The timing for the issuance of building permits shall be after the satisfactory completion of the following pre-requisite items: a. The domestic water system shall be installed, tested, and activated so that fire hydrants are available during construction. b. The sanitary sewer system shall be installed and tested. c. At a minimum, a compacted gravel road base shall be in place that will support the weight of a fire apparatus (75,000 lbs). d. At a minimum, temporary street signs will need to be in place. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. 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. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 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 prepared by an Idaho Licensed Professional Land Surveyor, 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. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28C1). 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 prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat EXHIBIT A - 14 - by the City Engineer. 2.2.6 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. 2.2.7 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. 2.2.8 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. 2.2.9 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.10 All development improvements, including but not limited to sewer and water, fencing, micro- paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.11 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. 2.2.12 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. 2.2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.14 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.15 All grading of the site shall be performed in conformance with MCC 11-1-4B. 2.2.16 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. 2.2.17 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. 2.2.18 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. 2.2.19 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. 2.2.20 100 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. EXHIBIT A - 15 - Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found on the city of meridian Public Works Department’s website at http://www.meridiancity.org/public_works.aspx?id=272. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.21 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse 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 surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.22 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, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate 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. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department has no comments on this application. 4. FIRE DEPARTMENT 4.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking Knox box plugs. 4.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10’. f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.4 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and have a clear driving surface of 20’ in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 4.5 Private Alleys and Fire Lanes shall have a 20’ wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 4.6 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. EXHIBIT A - 16 - 4.7 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.8 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13’6 as set forth in International Fire Code Section 503.2.1. 4.9 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.10 Commercial and office occupancies will require a fire-flow consistent with International Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. 4.11 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1) 4.12 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 4.13 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 4.14 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1. 4.15 All portions of the buildings located on this project must be within 150’ of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. 4.16 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official as set forth in International Fire Code Section 507.5.1. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4.17 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in International Fire Code Section 903.2.8. 4.18 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC 102.9 4.19 Buildings over 30’ in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 4.20 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141, Section A5.2.18. EXHIBIT A - 17 - 5. REPUBLIC SERVICES 5.1 Coordinate with Bob Olson, Republic Services (208-345-1265) on the location and design of trash enclosures prior to submittal of the Certificate of Zoning Compliance application. 6. PARKS DEPARTMENT 6.1 The applicant is required to comply with the mitigation standards listed in UDC 11-3B-10C.5 for any existing trees 4-inch caliper or greater that are removed from the site. Contact Elroy Huff, City Arborist (208-371-1755), prior to removal of any existing trees from the site. 6.2 Extend the 10-foot wide multi-use pathway that exists on the property to the east along the southern boundary of the site to the sidewalk along N. Locust Grove Road in accord with the Pathways Master Plan. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate additional right-of-way to total 59-feet from the centerline of Locust Grove Road abutting the site. 7.1.2 Replace broken or deteriorated curb, gutter, or sidewalk on Locust Grove Road abutting the site. 7.1.3 Complete Wilson Lane as a 40-foot street section with vertical curb, gutter, and a 5-foot wide attached concrete sidewalk abutting the site, as proposed. 7.1.4 Maintain the existing 30-foot wide driveway onto Locust Grove Road located 300-feet south of Wilson Lane. Reconstruct the driveway as a curb return driveway with a 30-foot radii. Pave the driveway its full width at least 30-feet into the site beyond the edge of pavement of Locust Grove Road. This driveway may be widened to 36-feet in width. 7.1.5 Construct two 54-foot wide driveways onto Wilson Lane with two 21-foot wide travel lanes and a 12-foot wide center landscape island located 840-feet east of Locust Grove Road, as proposed. Pave the driveway its full width at least 30 feet into the site beyond the edge of pavement of Wilson Lane. 7.1.6 Install “NO PARKING” signs on both sides of Wilson Lane from Locust Grove east 500-feet. 7.1.7 Payment of impacts fees are due prior to issuance of a building permit. 7.1.8 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. EXHIBIT A - 18 - 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right -of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the ap plicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. EXHIBIT A - 19 - Exhibit C: Legal Description & Exhibit Map for Annexation & Zoning Boundary EXHIBIT A - 20 - EXHIBIT A - 21 - D. Required Findings from Unified Development Code 1. ANNEXATION & ZONING: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City Council finds that the proposed map amendment to R-40 is consistent with the HDR FLUM designation for this site and should be compatible with existing and future uses in the area. Therefore, the City Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the R-40 zoning district is consistent with the purpose statements of the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing se rvices to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The City Council finds the proposed annexation of this property is in the best interest of the City. 2. CONDITIONAL USE PERMIT: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that the site is large enough to accommodate the proposed use and meet the dimensional and development regulations of the R-40 zoning district and the specific use standards for multi-family developments. EXHIBIT A - 22 - b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed multi-family residential use will be harmonious with the Comprehensive Plan if Council with approval of a “step” down in density as allowed in the Plan. The proposed use is in accord with UDC requirements. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds that the general design, construction, operation and maintenance of the multi-family use will be compatible with existing residential and commercial uses in the vicinity and with the existing and intended character of the area and will not adversely change the character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department, Police Department and other agencies. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The City Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay impact fees. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The City Council finds that the proposed development should not involve activities that will create nuisances that would be detrimental to the general welfare of the surrounding area. The City Council recognizes the fact that traffic and noise will increase with the approval of this development; however, whenever undeveloped property is developed, the amount of traffic generation does increase. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. 3. PRELIMINARY PLAT: EXHIBIT A - 23 - In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation with approval of a “step” down in density from HDR as allowed in the Plan. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the developer at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Based on comments provided by public service providers (i.e., Police, Fire, ACHD, etc.), City Council finds there is public financial capability of supporting services for the proposed development. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. f. The development preserves significant natural, scenic or historic features. The City Council finds there are no significant natural, scenic or historic features associated with this property that need to be preserved with development of this site. Meridian City Council Meeting DATE: October 4, 2016 ITEM NUMBER: 6H PROJECT NUMBER: H-2016-0093 ITEM TITLE: Findings of Fact, Conclusions of Law for Approval for 2016 City Initiated Annexation (H- 2016-0093) by City of Meridian MEETING NOTES rte✓ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW lr ERIDIAN AND .DECISION & ORDER In the Matter of the Request for Annexation and Zoning of approximately 67.5 acres with proposed R-4 (Medium -low Density Residential) (53.25 Acres); R-8 (Medium -density Residential) (11.64 Acres) and C -C (Community Business District) (2.61 Acres) Zoning Districts, by the City of Meridian Planning Division, Case No(s), H-2016-0093 For the City Council Hearing Date of: September 20, 2016 (Findings on October 4, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) 4. Required .Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, .Idaho Code (LC. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). 11-2016-0093 - I - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0093 - 2 - 7. That this approval is subject to the Agency Comments all in the attached Staff Report for the hearing date of September 20, 2016, incorporated by reference. The comments are concluded to be reasonable and the applicant shall meet such requirements of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for Annexation and Zoning, is hereby approved per the Agency Comments in the Staff Report for the hearing date of September 20, 2016, attached as Exhibit A. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Staff Report for the hearing date of September 20, 2016 Ll By action of the City Council at its regular meeting held on the T day of 0A" 60% 2016. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEE RD (TIE BREAKER) Mayor T Attest: CAy Cole City Cleric VOTED VOTED VOTED Y&� VOTED Ye? VOTED &-4 VOTED i4� VOTED W eerd oow Rp,T E D A I) woCily ofw DIgN�. �T SEAL Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. Anon By: C'l•�/`�- --U� Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASENO(S). H-2016-0093 - 3 - EXHIBIT A 2016 City Initiated AZ – H-2016-0093 PAGE 7 STAFF REPORT Hearing Date: September 20, 2016 TO: Mayor and City Council FROM: Caleb Hood, Planning Division Manager 208-884-5533 SUBJECT: 2016 City Initiated Annexation – H-2016-0093 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The City of Meridian Planning Division, with consent from all of the subject property owners, has applied for annexation of approximately 67.5 acres with proposed R-4 (Medium-low density residential) (53.25 acres); R-8 (Medium-density residential) (11.64 acres) and C-C (Community Business District) (2.61) zoning districts. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed annexation (AZ) application in accord with the agency and department comments in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning and Zoning Commission heard this item on August 18, 2016. At the public hearing, the Commission voted to recommend approval of the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Planning Division ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Brian McClure vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. None d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard this item on September 20, 2016. At the public hearing, the Council approved the subject AZ request. a. Summary of City Council Public Hearing: i. In favor: Planning Division ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Brian McClure vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: EXHIBIT A 2016 City Initiated AZ – H-2016-0093 PAGE 8 i. c. Key Issues of Discussion by Council: i. None d. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016- 0093, as presented in the staff report for the hearing date of September 20, 2016, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0093, 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-2016-0093 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: There are six (6) ACHD properties, generally located: near the northeast corner of S. Eagle Road and E. Amity Road in the SW ¼ of Township 3N, Range 1E, Section 28; southeast corner of N. Meridian Road and E. Carmel Drive in the SW ¼ of Township 3N, Range 1E, Section 06; east side of N. Ten Mile Road, north of W. Ustick Road in the SW ¼ of Township 4N, Range 1W, Section 35; 3955 E. Ustick Road in the NW ¼ of Township 3N, Range 1E, Section 04; 2910 W. Franklin Road in the SW ¼ of Township 3N, Range 1W, Section 11; and, 6175 N. Linder Road in the NE ¼ of Township 4N, Range 1W, Section 26. There are three (3) Idaho Power properties located at: 3275 E. Amity Road in NW ¼ of Township 3N, Range 1E, Section 33; 1635 S. Stoddard Road in the NW ¼ of Township 3N, Range 1W, Section 24; and, 3539 N. Ten Mile Road in the SE ¼ of Township 4N, Range 1W, Section 34. There are forty-nine (49) parcels in the Blackrock Subdivision proposed for annexation. Blackrock Subdivision is generally located north of E. Lake Hazel Road, between S. Locust Grove Road and S. Eagle Road in the S ½ of Township 3N, Range 1E; Section 32. The City of Meridian property is located at 3064 W Malta Drive (northwest corner of Heroes Park) in the NW ¼ of Township 4N, Range 1W, Section 26. B. Owner(s): The proposed annexation is comprised of multiple parcels owned by fifty-two (52) property owners. Please see application for a list of all property owners. C. Applicant: Caleb Hood, Planning Division Manager City of Meridian Planning Division 33 E. Broadway Avenue Meridian, Idaho 83642 EXHIBIT A 2016 City Initiated AZ – H-2016-0093 PAGE 9 D. Applicant's Statement/Justification: Please see applicant’s narrative for information. V. PROCESS FACTS A. The subject application is for an annexation. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: August 1, and 15, 2016 (Commission); August 29 and September 12, 2016 (City Council) C. A public service announcement was emailed on: July 29, 2016 (Commission); August 29, 2016 (City Council) D. Vicinity notifications mailed on: August 30, 2016 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The subject properties are generally residential in nature. Several are developed with residences and some of them are being used for storm drainage, Parks or Idaho Power substations. All properties are currently zoned RUT Ada County. B. History of Previous Actions: The Blackrock Subdivision was platted in Ada County however; City utilities were provided with that development contingent upon the property being annexed into the City once the land was contiguous to City limits. The subdivision is now contiguous. C. Utilities: Three of the subject properties are existing substations owned and operated by Idaho Power, and will continue function as such. D. Physical Features: 1. Canals/Ditches Irrigation: Not applicable 2. Hazards: Staff is unaware of any hazards that exist on the subject properties. 3. Flood Plain: Not applicable VII. COMPREHENSIVE PLAN POLICIES AND GOALS There are fifty-nine (59) parcels on 67.5 acres included with the annexation request. There are five (5) distinct land use designations shown on the Future Land Use Map for the subject properties. The subject properties have the following land use designations: 1) “Low Density Residential” (LDR) - The LDR designation properties are envisioned to develop with single family homes on large lots at anticipated densities of 3 dwelling units or less per acre. 2) “Medium Density Residential” (MDR) - The MDR designation also envisions single family homes on smaller lots at anticipated densities of 3 to 8 dwelling units per acre. 3) “Mixed-use Commercial (MU-C) – The MU-C areas are intended for the development of a mix of office, retail, recreational, employment and other miscellaneous uses, with supporting multi -family or single-family attached residential uses. The horizontal and vertical integration of residential uses is also essential in this area. This designation requires developments to integrate the three major use categories: residential, commercial, and employment. Traditional neighborhood design concepts with a strong pedestrian-oriented focus are essential. Development should exhibit quality building and site design and an attractive pedestrian environment with a strong street character. An overall target density of 8-12 dwelling units (d.u.) per (/) acre is desired, with higher densities allowed in individual projects. No more than 30% of the ground level development within the MUC designation should be used for residences. EXHIBIT A 2016 City Initiated AZ – H-2016-0093 PAGE 10 4) “Commercial” – The Commercial designation will provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi- family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone. 5) “Civic” – The purpose of this designation is to preserve and protect existing and municipal, state and federal lands for area residents and visitors. Sample uses include parks, sites for public utilities and public schools. City staff is proposing the annexation of the subject lands with the R-4, R-8, and C-C zoning districts. Idaho Power has submitted signed consent forms to annex all three of their properties and the Ada County Highway District has indicated that they will not dispute annexation of their public facilities. The Blackrock Subdivision has provided consent as part of their original agreement to receive City services, and was memorialized in both the subdivision CC&R’s and individual property title reports. No development is proposed with the subject annexation application. Staff finds the following Comprehensive Plan policies to be generally applicable to this application (policy number in parenthesis; staff analysis in italics):  Explore options to annex County parcels that are contiguous with City limits to allow for more efficient provision of City services.” (3.04.01F) Annexation of these parcels allows for more efficient expansion and growth of City limits and the subsequently of provision of City services.  “Coordinate with public works, police, parks and fire departments on proposed annexation and development requests and the impact on services.” (3.04.01H) With the accompanying annexation application, the applicable City departments provided input and comments on the subject annexation and the impacts to their departments/services. (See Exhibit B).  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) No permits are requested and none are being approved with this application, however the developed subject lands are contiguous to the City.  “Require adequate fees from new development to fund expansion of services.” (6.02.01C) The Blackrock subdivision was developed with City services and in coordination with the City of Meridian Public Works Department. Required infrastructure and land from the developer needed to provide services was determined and memorialized in a recorded memorandum of understanding that outlined responsibilities of the developer in exchange for services.  “Enforce City Codes.” (3.05.02D) The Blackrock subdivision was developed to meet City Code, and included language in their CC&R’s that reinforced continued compliance. By annexing these properties, including those outside of Blackrock, the City can more consistently and better enforce continued compliance across the City. For the above stated reasons, staff finds the proposed annexation complies, and is not in conflict with, the policies, goals and objectives of the Comprehensive Plan. EXHIBIT A 2016 City Initiated AZ – H-2016-0093 PAGE 11 VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of the Residential and Commercial Districts: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. Per UDC 11-2B-1, the purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian Comprehensive Plan. Large-scale and a broad mix of retail, office, service and light industrial uses are allowed in the C-C zoning district in close proximity and/or access to interstate or arterial intersections. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 and UDC 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4, R-8 and C-C zoning districts. Any use not explicitly listed, or listed as a prohibited use is prohibited. C. Dimensional Standards: Any further development on any property subject to this annexation must comply with the dimensional standards listed in UDC Table 11-2A-5, UDC 11-2A-6 and UDC 11-2B-3 for the R-4, R-8 and C-C zoning districts. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Annexation and Zoning: The City of Meridian (City), in association with the subject property owners, is proposing to annex 67 acres of land contiguous with the City corporate boundaries and within Meridian’s Area of City Impact (AOCI). The subject annexation meets the eligibility requirements for a Category A annexation classification as set forth in Idaho Code §50-222; the subject annexation is being processed in accord with State Code. The proposed annexation is comprised of multiple properties owned by multiple parties. Each property has previously consented to annexation, either implied or explicitly. Idaho Power has submitted signed consent forms to annex all three of their properties and the Ada County Highway District has indicated that they will not dispute annexation of their public facilities. The lots within Blackrock Subdivision have provided consent as part of their original agreement to receive City services, which was memorialized in both the subdivision CC&R’s and individual property title reports. No new development is proposed, and in most cases the properties are already fully developed. The Ada County Highway District properties are for the most part stormwater facilities and will remain as such. The Idaho Power properties are all established electrical substations, though some may expand to undeveloped portions of their respective property in the future. The City of Meridian property is small, and provides space for only a small pathway connection between Heroes Park and North Ten Mile Road. Finally, the portion of the Blackrock Subdivision that is proposed for annexation is already fully developed with homes, roads, sewer, water, and other utilities. A few lots within Blackrock are still vacant, and are expected to be developed with single-family homes in the future. As noted above in the Comprehensive Plan section, multiple land use designations exist on the subject properties. The proposed zoning designations for the area are as follows: R-4 (53.25 acres); R-8 (11.63 acres); and C-C (2.61 acres). Staff believes the requested zones are generally consistent with the Future Land Use Map designations noted in Section XIII above. EXHIBIT A 2016 City Initiated AZ – H-2016-0093 PAGE 12 The legal descriptions submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact. Staff finds annexation of the subject properties are necessary to assure the orderly development of the City and recommends approval of the proposed annexation request in accord with the Findings contained in Exhibit D. X. EXHIBITS A. Vicinity Maps B. Agency and Department Comments C. Legal Descriptions and Exhibit Maps D. Required Findings from Unified Development Code A. Vicinity Maps 2016 City Initiated AZ – H-2016-0093 PAGE 12 A. Vicinity Maps 2016 City Initiated AZ – H-2016-0093 PAGE 13 A. Vicinity Maps 2016 City Initiated AZ – H-2016-0093 PAGE 14 A. Vicinity Maps 2016 City Initiated AZ – H-2016-0093 PAGE 15 A. Vicinity Maps 2016 City Initiated AZ – H-2016-0093 PAGE 16 A. Vicinity Maps 2016 City Initiated AZ – H-2016-0093 PAGE 17 A. Vicinity Maps 2016 City Initiated AZ – H-2016-0093 PAGE 18 A. Vicinity Maps 2016 City Initiated AZ – H-2016-0093 PAGE 19 A. Vicinity Maps 2016 City Initiated AZ – H-2016-0093 PAGE 20 A. Vicinity Maps 2016 City Initiated AZ – H-2016-0093 PAGE 21 A. Vicinity Maps 2016 City Initiated AZ – H-2016-0093 PAGE 22 B. Agency and Department Comments 2016 City Initiated AZ – H-2016-0093 PAGE 23 1. PLANNING DIVISION 1.1 Annexation - Comments 1.1.1 Any future development of the site must comply with the City of Meridian ordinances in effect at the time of development. 1.1.2 Any future development shall comply with all bulk, use, and development standards of the R-4, R-8 and C-C zoning districts listed in Title 11, Chapter 2. 2. PUBLIC WORKS DEPARTMENT 2.1 The Public Works Department has no comments on the subject application. 3. POLICE DEPARTMENT 3.1 The Police Department has no comments on the subject application. 4. FIRE DEPARTMENT 4.1 The Fire Department has no comments on the subject application. 5. REPUBLIC SERVICES 5.1 Republic Services has no concerns related to this application. 6. PARKS DEPARTMENT 6.1 The Parks Department has no comments on the subject application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Comments have not yet been received from ACHD on this application. C. Legal Description and Exhibit Maps 2016 City Initiated AZ – H-2016-0093 PAGE 24 C. Legal Description and Exhibit Maps 2016 City Initiated AZ – H-2016-0093 PAGE 25 C. Legal Description and Exhibit Maps 2016 City Initiated AZ – H-2016-0093 PAGE 26 C. Legal Description and Exhibit Maps 2016 City Initiated AZ – H-2016-0093 PAGE 27 C. Legal Description and Exhibit Maps 2016 City Initiated AZ – H-2016-0093 PAGE 28 C. Legal Description and Exhibit Maps 2016 City Initiated AZ – H-2016-0093 PAGE 29 C. Legal Description and Exhibit Maps 2016 City Initiated AZ – H-2016-0093 PAGE 30 C. Legal Description and Exhibit Maps 2016 City Initiated AZ – H-2016-0093 PAGE 31 C. Legal Description and Exhibit Maps 2016 City Initiated AZ – H-2016-0093 PAGE 32 C. Legal Description and Exhibit Maps 2016 City Initiated AZ – H-2016-0093 PAGE 33 C. 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Required Findings from Unified Development Code 2016 City Initiated AZ – H-2016-0093 PAGE 82 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full i nvestigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City of Meridian Planning Division is proposing to annex approximately 67.5 acres to the R-4, R-8 and C-C zoning districts. The Council finds that the proposed map amendment is generally consistent with Future Land Use Map designations for these properties. Therefore, the Commission finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed map amendment to the R-4, R-8 and C-C zoning districts is generally consistent with the purpose statements for residential and commercial districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Council considered all oral or written testimony provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The Council finds annexing these properties with the R-4, R-8 and C-G zoning districts is in the best interest of the City as it reduces a number of enclaves within the City and allows the collection of property taxes from properties currently using City utilities. Meridian City Council Meeting DATE: October 4, 2016 ITEM NUMBER: 61 PROJECT NUMBER: H-2016-0091 ITEM TITLE: Findings of Fact, Conclusions of Law for Approval for T -Mobile (H-2016-0091) by T -Mobile Located at 1855 N. Black Cat Road MEETING NOTES x�� Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN C�VlEkIPIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modification to the Existing Development Agreement for T - Mobile, by T -Mobile. Case No(s). H-2016-0091 For the City Council Hearing Date of: September 20, 2016 (Findings on October 4, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the govermnental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Cleric upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of September 20, 2016, incorporated by reference. The conditions are concluded to CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0091 - I - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0091 - 2 - be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for a modification to the development agreement is hereby approved per the conditions of approval in the Staff Report for the hearing date of September 20, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within six (6) months of the City Council granting the modification (UDC 11-5B-3F). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the six (6) month approval period (UDC 11-5B-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of September 20, 2016 By action of the City Council at its regular meeting held on the � day of &c -k 6e&- 2016. er2016. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD (TIF, BREAKER) Attest: C. Uay Co City Clerk VOTED *4 VOTED &1' VOTED / C4 VOTED X64 VOTED Y6& VOTED Ya VOTED Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Ack " Dated: I / City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0091 - 3 - EXHIBIT A T-Mobile – MDA H-2016-0091 1 STAFF REPORT HEARING DATE: September 20, 2016 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner 208-884-5533 SUBJECT: T-Mobile – MDA H-2016-0091 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, T-Mobile, requests a modification to the existing development agreement (MDA) to update the development agreement to construct a wireless communication facility on the site. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA as requested by the applicant. The Meridian City Council heard these items on September 20, 2016. At the public hearing, the Council approved the subject MDA request. a. Summary of City Council Public Hearing: i. In favor: Kalab Cox, Keri Motley ii. In opposition: Samantha LaPoint, iii. Commenting: None iv. Written testimony: John Boubek v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Health risks associated with living near cell towers ii. Proximity to existing single-family homes iii. The poor cell service in the area c. Key Issues of Discussion by Council: i. Appearance of the slimline pole ii. Potential to design a pole that looks more appealing iii. Allowing a DA condition that only allows for a slimline tower, instead of any that would be allowed in the zoning district. d. Key Council Changes to Staff/Commission Recommendation i. Modify condition 5.1.1 to read as follows: That the following be the only allowed uses on this property: churches, their associated uses and a single slimline and wireless communication facilitiesy. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0091 as presented in the staff report for the hearing date of September 20, 2016, with the following modifications: (Add any proposed modifications.) Denial EXHIBIT A T-Mobile – MDA H-2016-0091 2 After considering all staff, applicant and public testimony, I move to deny H-2016-0091as 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-2016-0091 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 site is located at 1855 N. Black Cat Road in the SE ¼ of Section 4, Township 3N., Range 1W. B. Owner: Seventh Day Adventist Church 1735 N. Black Cat Road Boise, ID 83646 C. Applicant: T-Mobile 121 W. Election Road, Suite 330 Draper, UT 84020 D. Representative: Same as Applicant E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: August 29 and September 12, 2016 C. Radius notices mailed to properties within 300 feet on: August 30, 2016 D. Applicant posted notice on site by: September 8, 2016 VI. LAND USE A. Existing Land Use(s): This property is developed with a church. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Church, zoned L-O West: Single-family residential properties, zoned R-4 South: Single-family residential properties, zoned RUT (Ada County) East: N. Black Cat Road and Single-family residential properties zoned R-4 in the Milliron Subdivision C. History of Previous Actions:  In 2005, this property was annexed and zoned (AZ-05-024) with a development agreement (DA) (Inst. 105164027). The recorded DA restricts the use of the site for a church. EXHIBIT A T-Mobile – MDA H-2016-0091 3 VII. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant requests a modification to the existing development agreement (DA) approved with the annexation for this property. The applicant proposes to modify Section 5, Conditions Governing Development of Subject Property, of the DA (Instrument No. 105164027) to allow the construction of a wireless communication facility. Specifically, the DA restricts the uses of the property to the existing church use and associated activities. For illustrative purposes, the applicant has submitted a site plan that depicts the location of the facility on the site. The type of facility that the applicant has proposed is called a slimline tower. In the L-O district the wireless communication facility is a principally permitted use if it falls into one of several categories, of which slimeline facilities are included. The proposed slimline facility is subject to the specific use standards set forth in UDC 11-4-3-43. Final design of the facility and compliance with these standards will be verified with a certificate of zoning compliance application. Staff recommends approval of the development agreement modification as proposed in Exhibit A.3 of the staff report. VIII. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Site Plan 3. Proposed Change to the Development Agreement EXHIBIT A T-Mobile – MDA H-2016-0091 4 Exhibit A.1: Vicinity/Zoning Map EXHIBIT A T-Mobile – MDA H-2016-0091 5 Exhibit A.2: Proposed Site Plan EXHIBIT A T-Mobile – MDA H-2016-0091 6 Exhibit A.3: Proposed Changes to the Development Agreement Pages 3-4 5. Conditions Governing Development of Subject Property: 5.1 “Owners” and/or “Developer” shall develop the “Property” in accordance with the following special conditions: 5.1.1 That the following be the only allowed uses on this property: churches, their associated uses and wireless communication facilities. Meridian City Council Meeting DATE: October 4, 2016 ITEM NUMBER: PROJECT NUMBER: H-2016-0088 ITEM TITLE: Finding of Facts, Conclusions of Law for Approval for Knightsbridge Subdivision (H-2016- 0088) by Schultz Development Located 3870 E. Victory 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 CITY OF MERIDIAN E IDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW (� AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 5.15 Acres of Land with an R-4 Zoning District; and Preliminary Plat Consisting of Seventeen (17) Building Lots, And Two (2) Common Area Lots on 5.15 Acres of Land for Knightbridge Subdivision, by Schultz Development. Case No(s). H-2016-0088 For the City Council Hearing Date of: September 20, 2016 (Findings on October 4, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0088 - I - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0088 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of September 20, 2016, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for Annexation and Zoning and Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of September 20, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation and/or rezone (UDC 11-5B-3D). A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification (UDC 11-5B-3F). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the six (6) month approval By action of the City Council at its regular meeting held on the _ 1 day of 06-k) bi&- 2016. COUNCIL PRESIDENT KEITH BIRD VOTED nG COUNCIL VICE PRESIDENT JOE BORTON VOTED YeK COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED i& COUNCIL MEMBER TY PALMER VOTED_ COUNCIL MEMBER LUKE CAVENER VOTED Yn COUNCIL MEMBER GENESIS MILAM VOTED Yeo MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Ta&6 e Weerd Attest: CAY' Coles n`�2, SEgL City Clerk he TREASV�� Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. /��15� BY W"t4�w Dated: � � City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0088 - 4 - EXHIBIT A Knightsbridge Subdivision H-2016-0088 PAGE 1 STAFF REPORT Hearing Date: September 20, 2016 TO: Mayor and City Council FROM: Josh Beach, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Knightsbridge Subdivision – AZ and PP (H-2016-0088) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Schultz Development, has submitted an application for annexation and zoning (AZ) of 5.15 acres of land with an R-4 zoning district; and a preliminary plat (PP) consisting of seventeen (17) building lots and two (2) common lots on 5.15 acres of land in the R-4 zoning district for Knightsbridge Subdivision. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on August 18th, 2016. At the public hearing, the Commission moved to recommend approval of the subject preliminary plat request. a. Summary of Commission Public Hearing: i. In favor: Matt Schultz (Applicant’s Representative) ii. In opposition: None iii. Commenting: William Bollar iv. Written testimony: Matt Schultz (Applicant’s representative) v. Staff presenting application: Josh Beach, vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. Location of sewer and water as it relates to this development c. Key Issues of Discussion by Commission: i. Amenities for the development if included in Sutherland Farms HOA as well as amenities if not included in Sutherland Farms HOA. ii. Location of the open space might not be appropriate d. Commission Change(s) to Staff Recommendation: i. Modify condition 1.1.1(C) as follows: If an agreement cannot be reached with the Sutherland Farm Homeowner’s Association (HOA) to allow the subject property to be incorporated into the Sutherland Farm HOA, that prior to submitting a final plat application the applicant shall bifurcate the landscape buffer from the passive open space (Lot 1, Block 1 and Lot 7, Block 3) and create a more central open space lot and include one (1) site amenity in accord with the standards listed in UDC 11-3G-3. e. Outstanding Issue(s) for City Council. i. None EXHIBIT A Knightsbridge Subdivision H-2016-0088 PAGE 2 The Meridian City Council heard these items on September 20, 2016. At the public hearing, the Council approved the subject AZ PP requests. a. Summary of City Council Public Hearing: i. In favor: Matt Schultz, Applicant’s Representative ii. In opposition: None iii. Commenting: Mike Devine, Justin Lucas (ACHD) iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Installation of a stop sign at the corner of McKay Drive and Proud Way c. Key Issues of Discussion by Council: i. None d. Key Council Changes to Commission Recommendation i. None III. PROPOSED MOTION Denial Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H-2016-0088, as presented in the staff report for the hearing date of August 18, 2016, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2016-0088, as presented during the hearing on August 18, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0088 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 site is located at 3870 E. Victory Road, in the SW¼ of Section 21, Township 3 North, Range 1 East. B. Owners: Julie Lyan & Samuel Grayson 3870 E. Victory Road Meridian, ID 83642 C. Applicant/Representative: Schultz Development PO Box 1115 Meridian, ID 83642 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS EXHIBIT A Knightsbridge Subdivision H-2016-0088 PAGE 3 A. The subject application is for annexation and zoning and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: August 1 and August 15, 2016 (Commission); August 29th (Council) C. Radius notices mailed to properties within 300 feet on: July 21, 2016 (Commission); September 12th (Council) D. Applicant posted notice on site(s) on: August 5, 2016 (Commission); September 9th (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The annexation area consists of a vacant agricultural property and a single-family home zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Single-family residential properties in Sutherland Farm Subdivision, zoned R-4. 2. East: Single-family residential zoned property, zoned RUT (Ada County). 3. South: E. Victory Road; Single-family residential properties, zoned RUT (Ada County) 4. West: Single-family residential zoned property, zoned RUT (Ada County). C. History of Previous Actions: None D. Utilities: 1. Location of sewer: A sanitary sewer main intended to provide service to the proposed development currently exist west of the proposed development in Victory Road, however the applicant has requested, and has been approved by Public Works to slope their sanitary sewer towards the northwest to the existing mainline stub in S. Proud Lane. 2. Location of water: Water mains intended to provide service to the proposed development currently exist adjacent to the south and northwest, and to the west of the proposed development. 3. Issues or concerns: Applicant shall be required to loop the proposed water system to the existing water mains adjacent to the proposed development, and install a 10-inch diameter dry line sewer in Victory Road. E. Physical Features: 1. Canals/Ditches Irrigation: No major facilities. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Medium Density Residential (MDR). MDR designated areas allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre (d.u./acre). EXHIBIT A Knightsbridge Subdivision H-2016-0088 PAGE 4 The applicant proposes to develop the property with seventeen (17) single-family detached dwellings at a gross density of 3.30 dwelling units per acre (d.u./acre) and a net density of 4.73 d.u./acre. Staff finds the density proposed by the applicant with the preliminary plat is consistent with the MDR designation and the requested R-4 zoning dustrict. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): 1. “Restrict private curb cuts and access points on collectors and arterial streets.”(3.06.02D, Page 53) The proposed development will connect to E. Victory Road which is an arterial street. Access to the subdivision will also be provided through an existing stub street from the Sutherland Farm Subdivision (S. Proud Way) stubbed on the north boundary of the proposed development. The applicant is also proposing to provide a stub street to the east and west (E. Moon Dipper Street), to provide for future interconnectivity. 2. “Require appropriate landscaping and buffers along transportation corridor (Setback, vegetation, low walls, berms, etc.).” (3.06.02F) A 25-foot wide landscaped street buffer is required along E. Victory Road, a principal arterial street in accord with UDC Table 11-2A-5. 3. “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F, pg. 53) The proposed single-family residential development should be compatible with existing single-family homes as the lots sizes and homes are comparable in size to the adjacent Sutherland Farms and nearby Karmelle Subdivisions. 4. “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.” (3.07.03B, Page 56) If approved, the proposed single-family detached homes would contribute to the variety of housing types available within the City, consistent with the surrounding residential developments. 5. ”Require usable open space to be incorporated into new residential subdivision plats.” (3.07.02A Page 55) UDC 11-3G-3 requires that a minimum of 10% of open space be provided. The plat as designed provides approximately 10.2% useable open space, or 0.53 acres. Staff has some concerns with the location of the proposed open space. The applicant is proposing all of the open space to be located adjacent to Victory Road. The location is not very kid-friendly. 6. “Require common area in all subdivisions.” (3.07.02F) The proposed plat depicts a total of 0.53 acres of qualified open space. The applicant has provided the required open space for the development; however the UDC also requires that subdivisions of more than five (5) acres provide one (1) amenity for the first twenty (20) acres and one additional amenity for every twenty (20) additional acres. The applicant is proposing to be included in the Sutherland Farms HOA and has initiated those discussions with the HOA and has proposed to contribute to a future amenity in the existing 6 acre park within the Sutherland Farms Subdivision. EXHIBIT A Knightsbridge Subdivision H-2016-0088 PAGE 5 7. “Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity.” (3.07.02C) The preliminary plat shows a five foot sidewalk that would connect the proposed development to the Sutherland Farms Subdivision to the north, as well as to the proposed 5-foot detached sidewalk along E. Victory Road. 8. “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are available and will be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21. 9. “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.02O Page 48) The proposed plat depicts connections to the existing stub street from the north. The applicant also proposes to provide stub streets to the east and to the west for future interconnectivity. 10. “Support infill of vacant lots in substantially developed, single-family areas at densities similar to surrounding development.” (3.07.02I Page 55) The subject property is adjacent to existing single-family homes and similar lot sizes to the north in Sutherland Farms Subdivision. The proposed development, with the proposed zoning of R-4, is similar to the surrounding uses. All of the proposed lots exceed the minimum standards of R-4 district. Based on the above analysis, staff finds that the proposed development is generally consistent with the comprehensive plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. The medium- low density residential (R-4) district allows a maximum gross density of 4 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-5 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for single- family detached dwellings is principally permitted use in the R-4 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-5 for the R-4 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2A-5 for the R-4 zoning district. E. Common Open Space and Site Amenity Requirements: Common open space and site amenities are required to be provided on the site in accord with the requirements listed in UDC 11-3G-3. F. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. EXHIBIT A Knightsbridge Subdivision H-2016-0088 PAGE 6 IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Annexation & Zoning: The applicant has applied for annexation and zoning of 5.15 acres of land with an R-4 zoning district. As discussed above in Section VII, staff believes the proposed zoning and density is consistent with the vision of the Comprehensive Plan. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed. The property is contiguous to land that has been annexed. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure the site develops as proposed and recommended by staff with this application, staff recommends a DA as a provision of annexation with the provisions included in Exhibit B. Preliminary Plat: The proposed plat consists of seventeen (17) building lots and two (2) common lots on 5.15 acres of land. The R-4 zoning district is proposed for the development (see Exhibit A.2). The gross density for the subdivision is 3.30 d.u./acre. The average lot size is 9,218 square feet. Existing Structures: There is an existing single family home on the site that will be demolished as part of this project. The home must be removed prior to obtaining City Engineer’s signature on the final plat. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-3 and Table 11-2A-5 for the R-4 district. Staff has reviewed the proposed plat and found it to be in compliance with the R-4 dimensional standards. Block Length: The plat is required to comply with the block length standards listed in UDC 11- 6C-3F. Staff has reviewed the proposed plat and found it to be in compliance with the aforementioned standards. Access: Vehicular access is proposed for this site via an extension of S. Proud Way, and a direct vehicular access to E. Victory Road. Streets: All of the proposed streets depicted on the plat are public. A total of 40-feet of right-of- way is proposed for S. Terri Drive and E. Moon Dipper Street with 33 feet between the back of curbs and a total of 50-foot right-of-way is proposed for S. Proud Way with 36 feet between the back of curbs. The applicant will need to construct proud way as a complete street, including the acquisition of property, or an easement from the adjacent property owner (Parcel # S1121346802). The Master Street Map indicates a roundabout located at the intersection of S. Terri Drive and E. Victory Road. ACHD has indicated that they are in support of removing this from the Master Street map, but in order to do so, the applicant will need to request that from the ACHD Commission at a hearing to be scheduled in the future. ACHD is requiring that the applicant construct S Proud Way as one-half of a 36-foot street section with curb, gutter, and 5-foot wide concrete sidewalk within 50-feet of right-of-way; plus 12-feet of additional pavement beyond the centerline and 3-foot wide gravel shoulder beyond the existing terminated roadway to the Proud Way/ Moon Dipper Street intersection. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The applicant proposes to construct 5-foot wide detached sidewalks throughout the development and a 5-foot wide detached sidewalk adjacent to E. Victory Road. The 8-foot parkways are required to comply with UDC 11-3A-17E. As submitted the applicant has not provided the required trees per EXHIBIT A Knightsbridge Subdivision H-2016-0088 PAGE 7 the UDC. With the submittal of a final plat, the applicant must submit a revised landscape plan the meets the standard set forth in UDC 11-3G-3B.5. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.4. A 25-foot wide street buffer is required along E. Victory Road, an arterial street, per UDC Table 11-2A-5 and is required to be landscaped in accord with the standards listed in UDC 11-3B-7C. The buffer shown on the landscape plan meets the requirements of the UDC however, because these are single common lots any fencing along said lots will have to be placed along the interior edge of the lot in accord with UDC 11-3B-7C2c All street buffers with detached sidewalks shall be measured from the ultimate curb location as anticipated by ACHD. Detached sidewalks shall have an average minimum separation of greater than four (4) feet to back of curb. The applicant shall construct a 25 foot landscape buffer as required by UDC 11-3B-7. Tree Mitigation: If there are any existing trees on the site that are proposed to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. The landscape plan incorrectly notes that there are no existing trees on the site. Fencing: All fencing should comply with the standards listed in UDC 11-3A-6B and 11-3A-7. The fencing shown on the landscape plan appears to meet the requirements of the UDC. Open Space: All new development is required to comply with the qualified open space and site amenity requirements listed in UDC 11-3G-3 which requires a minimum of 10% qualified open space and one site amenity for developments of this size. Based on the area of the preliminary plat (5.15 acres), a minimum of 0.51 acres of qualified useable open space is required to be provided as set forth in UDC 11-3A-3B. Based on the preliminary plat the applicant is proposing 0.53 acres which is 10.2% of the proposed development. Open space consists of 8-foot parkways and two (2) passive open space lots (50’ X 100’) that include the required street buffer adjacent to Victory Road. As noted above, staff is concerned about the location of the proposed open space for the development. The majority of the proposed open space is adjacent to an arterial roadway that will be widened in the future and will become busier with future development in the area. The applicant is proposing what is essentially an extra-wide landscape buffer along E. Victory Road. The fencing requirements in the UDC require that fencing be installed on the interior edge of the common lot. The proposal by the applicant will essentially require anyone who uses the open space to recreate along an arterial roadway. In addition to the open space provided for this development, the applicant requests this property be allowed to be included in the open space and site amenities calculations for the Sutherland Farm development, and that the qualified open space and site amenities for the overall development be considered to cover this portion of the site as well. A total of 13.24 acres or 11.3% qualified open space has already been constructed within the Sutherland Farm development along with the following site amenities: a ¾ mile regional pathway along the Ridenbaugh Canal, a 5.9 acre park, a 2.5 acre park, tot lots, a gazebo, swing set and horseshoe pits. The applicant has discussed incorporating the subject property into the Sutherland Farm Homeowner’s Association (HOA) with the HOA; however, an official agreement has not yet been reached. Amenity: The applicant is proposing to provide a “future large amenity” within Sutherland Farms existing 6 acre park. Prior to the Commission hearing, the applicant shall provide EXHIBIT A Knightsbridge Subdivision H-2016-0088 PAGE 8 details of the proposed amenity proposed for the 6 acre park in the Sutherland Farms development as well as the time frame in which the amenity would be constructed. Because the applicant is proposing to be included in the Sutherland Farms HOA and to be subject the their CC&R’s, staff supports the applicant’s request provided that the Sutherland Farm HOA agrees to allow this property to be incorporated into their HOA. If not, staff recommends the plat is revised to provide the full 10% qualified open space and one site amenity on this site. If an agreement cannot be reached between the two parties, staff recommends that the applicant bifurcate the landscape buffer from the passive open space (Lot 1, Block 1 and Lot 7, Block 3) and create a more central open space lot that one amenity that Knightsbridge community can use and maintain that is not located adjacent to Victory Road. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. Building Elevations: The applicant is proposing to construct detached single-family homes. The applicant has submitted 10 conceptual sample building elevations for future homes in this development, included in Exhibit A.4. Building materials appear to consist of a mix of horizontal lap siding, board and batten with stone accents. Staff is supportive of the proposed elevations. In accord with the Findings contained in Exhibit D, Staff recommends approval of the proposed annexation and preliminary plat request for this site. Staff has included comments and recommended conditions from other City departments in Exhibit B of this report. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 06/30/16) 3. Proposed Landscape Plan (dated: 07/06/16) 4. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code EXHIBIT A Knightsbridge Subdivision H-2016-0088 PAGE 9 A. Drawings 1. Vicinity Map EXHIBIT A Knightsbridge Subdivision H-2016-0088 PAGE 10 2. Proposed Preliminary Plat (dated: 06/30/16) EXHIBIT A Knightsbridge Subdivision H-2016-0088 PAGE 11 3. Proposed Landscape Plan (dated: 07/06/2016) EXHIBIT A Knightsbridge Subdivision H-2016-0088 PAGE 13 4. Conceptual Building Elevations EXHIBIT A Knightsbridge Subdivision H-2016-0088 PAGE 14 EXHIBIT A Knightsbridge Subdivision H-2016-0088 PAGE 15 B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval and the acceptance of a final plat application, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the City within six months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be consistent with the preliminary plat, landscape plan and building elevations attached in Exhibit A and the revisions noted in the staff report. b. All existing structures on the property shall be removed prior to the City’s Engineer’s signature on the final plat. c. If an agreement cannot be reached with the Sutherland Farm Homeowner’s Association (HOA) to allow the subject property to be incorporated into the Sutherland Farm HOA, that prior to submitting a final plat application the applicant shall bifurcate the landscape buffer from the passive open space (Lot 1, Block 1 and Lot 7, Block 3) and create a more central open space lot and include one (1) site amenity in accord with the standards listed in UDC 11-3G-3. 1.1.2 The preliminary plat included in Exhibit A.2 is approved as submitted unless an agreement cannot be reached with the Sutherland Farm Homeowner’s Association (HOA) to allow the subject property to be incorporated into the Sutherland Farm HOA. In that case, the applicant shall revise the preliminary plat as described in DA provision C above. 1.1.3 Any fencing constructed on the site shall be consistent with the standards as set forth in UDC 11- 3A-7 and 11-3A-6B. 1.1.4 The landscape plan dated 07/06/16, is approved with the following changes: a. Prior to the Commission hearing, the applicant shall provide details of the amenity proposed for the 6 acre park in the Sutherland Farms development as well as the time frame in which the amenity will be constructed. b. The 8-foot parkways proposed along the local streets shall comply with the standards set forth in UDC 11-3G-3B.5. 1.1.5 Sidewalks are required along all public streets as set forth in UDC 11-3A-17. Five-foot wide detached sidewalks shall be installed on S. Terri Drive, E. Moon Dipper Street on the east side of S. Proud Way and a 5-foot wide detached sidewalk is also required along E. Victory Rd. 1.1.6 Prior to the issuance of a building permit, the applicant shall record a final plat. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC Table 11-2-A-5. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. EXHIBIT A Knightsbridge Subdivision H-2016-0088 PAGE 16 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. The applicant shall provide a waiver from the applicable irrigation district that the property does not have water rights and/or water delivery to the subject property with the submittal of a final plat application. 1.2.5 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.8 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.9 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.10 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. EXHIBIT A Knightsbridge Subdivision H-2016-0088 PAGE 17 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B- 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 Applicant has requested, and the Public Works Department has approved for this development to slope their sanitary sewer towards the northwest to the existing mainline stub in S. Proud Lane, however applicant shall be required to construct a “dry-line” 10-inch diameter sewer main along the frontage in Victory Road. 2.1.2 Applicant shall be required to extend the 12-inch diameter main in Victory Road from its current point of terminus +/- 55-feet to the west of the subject site. Applicant will also need to upsize the north-south mainline within the development to a 12-inch diameter main, to tie into the existing 12-inch mainline in S. Proud Lane, since it’s a mid-section line. The 12-inch water main extension in Victory Road shall terminate with a fire hydrant in alignment with the eastern property boundary. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. 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. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 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 prepared by an Idaho Licensed Professional Land Surveyor, 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. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28C1). 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, EXHIBIT A Knightsbridge Subdivision H-2016-0088 PAGE 18 the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 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. 2.2.7 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. 2.2.8 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. 2.2.9 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 and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro- paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 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. 2.2.13 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. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-1-4B. 2.2.17 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. 2.2.18 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. 2.2.19 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. EXHIBIT A Knightsbridge Subdivision H-2016-0088 PAGE 19 2.2.20 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. 2.2.21 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse 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 surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 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, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate 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. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department has no comment on this application. 4. FIRE DEPARTMENT 4.1 The Fire Department has no comment on this application 5. REPUBLIC SERVICES 5.1 Republic Services has no comment on this application 6. PARKS DEPARTMENT 6.1 The applicant shall contact Elroy Huff, City Arborist, at 208-371-1755 to schedule an inspection to determine mitigation requirements for healthy trees on the site, 4-inch caliper or greater, that are proposed to be removed in accord with the provisions listed in UDC 11-3B-10C. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate 48-feet of right-of-way from centerline of Victory Road abutting the site. 7.1.2 Construct detached 5-foot wide sidewalk a minimum 41-feet from centerline to face of sidewalk along Victory Road abutting the site. 7.1.3 Widen the pavement a minimum of 17-feet from centerline along Victory Road and provide a minimum 3-foot wide gravel shoulder abutting the site. 7.1.4 Construct S Terri Drive and E Moon Dipper Street as 33-foot street sections with curb and gutter, within 40-feet of right-of-way; an 8-foot wide parkway strip and 5-foot wide concrete sidewalk within an easement. EXHIBIT A Knightsbridge Subdivision H-2016-0088 PAGE 20 7.1.5 Construct S Proud Way as one-half of a 36-foot street section with curb, gutter, and 5-foot wide concrete sidewalk within 50-feet of right-of-way; plus 12-feet of additional pavement beyond the centerline and 3-foot wide gravel shoulder beyond the existing terminated roadway to the Proud Way/ Moon Dipper Street intersection. 7.1.6 Provide a permanent easement for any public sidewalk located outside of the dedicated right-of- way. 7.1.7 Construct a new local street, S Terri Drive, onto Victory Road located 967-feet east of Bay Star Way and 555-feet west of Knapp Place, in alignment with S Terri Drive, from the site. 7.1.8 Construct a new local street, Moon Dipper Street to intersect Proud Way, 195-feet south of Mackay Drive. 7.1.9 Construct 1 stub street, Moon Dipper Street, 150-feet to the east property line, located 632-feet north of Victory Road. 7.1.10 Install signage at the terminus of the stub street stating that, “THIS ROAD WILL BE EXTENDED IN THE FUTURE.” 7.1.11 Payment of impacts fees are due prior to issuance of a building permit. 7.1.12 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD EXHIBIT A Knightsbridge Subdivision H-2016-0088 PAGE 21 Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. EXHIBIT A Knightsbridge Subdivision H-2016-0088 PAGE 22 C. Legal Description & Exhibit Map for Annexation Boundary EXHIBIT A Knightsbridge Subdivision H-2016-0088 PAGE 23 EXHIBIT A Knightsbridge Subdivision H-2016-0088 PAGE 24 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex 5.15 acres with an R-4 zoning district and develop 17 new single-family residential homes. Council finds that the proposed map amendment complies with the provisions of the Comprehensive Plan. (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that the proposed map amendment to the R-4 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. Council considered any oral or written testimony that was provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). Council finds annexing this property with an R-4 zoning district is in the best interest of the City with the provision of a development agreement. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) EXHIBIT A Knightsbridge Subdivision H-2016-0088 PAGE 25 c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Council relies upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. Council considers any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Council is unaware. f. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Council reference d any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Council is unaware. Meridian City Council Meeting DATE: October 4, 2016 ITEM NUMBER: 6K PROJECT NUMBER: H-2016-0089 ITEM TITLE: Findings of Fact, Conclusions of Law for Approval for Paisley Meadows (H-2016-0089) by Hayden Homes Idaho, LLC Located at 2180 East Amity Road MEETING NOTES rte✓ 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 IDIANI- AND FINDINGS OF FACT, CONCLUSIONS OF LAW E DECISION & ORDER 1 In the Matter of the Request for Preliminary Plat Consisting of Seventy -Five (75) Building Lots, And Six (2) Common Area Lots on 20.18 Acres of Land for Paisley Meadows Subdivision, by Hayden Homes Idaho, LLC. Case No(s). H-2016-0089 For the City Council Hearing Date of: September 20, 2016 (Findings on October 4, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) 3. Application and .Property Facts (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the conuiient(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0089 - I - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0089 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of September 20, 2016, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of September 20, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of September 20, 2016 By action of the City Council at its regular meeting held on the T day of o6-�b6et-- , 2016. COUNCIL PRESIDENT KEITH BIRD VOTED Ye4l COUNCIL VICE PRESIDENT JOE BORTON VOTED Yeo COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED W4 COUNCIL MEMBER TY PALMER VOTED Y& COUNCIL MEMBER LUKE CAVENER VOTED kq COUNCIL MEMBER GENESIS MILAM VOTED Yeo MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Ta /-e Weerd r7rv,,, o E jDj ANS. n�04go C.Jdy Coles V EAI City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By:V'�ZhtK-Aft. Dated: r ✓�`�I ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0089 - 4 - Exhibit A Paisley Meadows H-2016-0089 PAGE 1 STAFF REPORT Hearing Date: September 20, 2016 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Paisley Meadows Subdivision – PP (H-2016-0089) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Hayden Homes, LLC, has submitted an application for a preliminary plat (PP) consisting of 75 building lots and 6 common lots on 20.18 acres of land in the R-4 zoning district for Paisley Meadows Subdivision. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed PP application in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit C. The Meridian Planning & Zoning Commission heard these items on August 18th, 2016. At the public hearing, the Commission moved to recommend approval of the subject preliminary plat request. a. Summary of Commission Public Hearing: i. In favor: Ross Erickson (Applicant’s Representative) ii. In opposition: None iii. Commenting: Crystal Dickerson, Amy Shinsel, Jared Perry, John Walker, Earl Griffin, Clarissa Amos, Annie Moore, Michael Thompson, Peter Thompson, Laura Dahl, Russ Damyan iv. Written testimony: Ross Erickson (Applicant’s representative) v. Staff presenting application: Josh Beach, vi. Other staff commenting on application: Bill Parsons, Ted Baird b. Key issue(s) of Public Testimony: i. Lack of direct access to Amity Road ii. Safety of children on Wrightwood Drive with the increased traffic from the proposed development iii. Concern over a lack of amenities iv. Why a traffic impact study was not required for the proposed development v. Where construction traffic will be directed vi. Public notification was inadequate based on the impact to the surrounding neighborhoods vii. Timing of a construction entrance off of Amity Road c. Key Issues of Discussion by Commission: i. Traffic on Wrightwood and the speed of cars on that road ii. Direct connection to Amity will be from the parcel to the east once it develops. iii. The additional home might make Wrightwood eligible for some traffic calming measures Exhibit A Paisley Meadows H-2016-0089 PAGE 2 iv. Designated signs that require construction to use a construction entrance off of Amity Road. v. Timing of the removal of a construction entrance and who would use the entrance. d. Commission Change(s) to Staff Recommendation: i. Add condition 1.1.8 as follows: That pending the approval of ACHD, that signs saying “No construction Traffic” be placed at the corner of Locust Grove and Wrightwood, the dead end of Rangewood, and at the entrance to Estancia off of Amity Road. ii. Add condition 1.1.9 as follows: Pending approval of ACHD, a temporary construction access shall be built off of Amity Road, and that all construction vehicles shall use the temporary construction access. iii. Add condition 1.1.10 as follows: A landscape surety shall be put into place for removal of the construction entrance and the temporary construction entrance shall be removed prior to signature on the final plat for phase two of the proposed development. iv. Add condition 1.1.11 as follows: Prior to the City Council hearing, the applicant shall provide details of the location of the temporary access as well as have final information from ACHD as far as any conditions for use of the temporary access. e. Outstanding Issue(s) for City Council. i. None The Meridian City Council heard these items on October 4th, 2016. At the public hearing, the Council moved to recommend approval of the subject preliminary plat request. a. Summary of Commission Public Hearing: vii. In favor: Ross Erickson (Applicant’s Representative) viii. In opposition: None ix. Commenting: John Walker, Justin Lucas (ACHD), Michelle Sorenson, x. Written testimony: Ross Erickson (Applicant’s representative) xi. Staff presenting application: Josh Beach xii. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Lack of direct access to Amity Road ii. Where construction traffic will be directed iii. Increased Traffic through the existing subdivision. c. Key Issues of Discussion by Commission: i. None d. Commission Change(s) to Staff Recommendation: v. None e. Outstanding Issue(s) for City Council. ii. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H-2016-0089, as presented in the staff report for the hearing date of August 18, 2016, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2016-0089, as presented during the hearing on August 18, 2016, for the following reasons: (You should state specific reasons for denial) Exhibit A Paisley Meadows H-2016-0089 PAGE 3 Continuance I move to continue File Number H-2016-0089 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 site is located at 2180 E. Amity Road, in the SW ¼ of Section 29, Township 3 North, Range 1 East. B. Owners: B&L Idaho 2, LLC 6700 E. Glacier Drive Boise, ID 83716 C. Applicant: Hayden Homes Idaho, LLC 1406 N. Main Street Meridian, Idaho 83642 D. Representative: Erickson Civil 6213 N. Cloverdale Road Suite 125 Boise, Idaho 83713 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: August 1 and August 15, 2016 C. Radius notices mailed to properties within 300 feet on: July 21, 2016 D. Applicant posted notice on site(s) on: August 5, 2016 VI. LAND USE A. Existing Land Use(s) and Zoning: A residential home exists on this site; the home is proposed to be demolished. The property is zoned R-4. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Residential properties in the Bellingham Park Subdivision, zoned R-8 2. East: Rural residential/agricultural property, zoned RUT (Ada County) 3. South: E. Amity Road; Rural residential/agricultural property, zoned RUT (Ada County) 4. West: Single-family residential properties in the Estancia Subdivision, zoned R-4 C. History of Previous Actions: 1. In 2006, the property was granted annexation and zoning (AZ-06-042) and a preliminary plat (PP-06-044) for 62 single-family lots and 9 common lots on 20.18 acres of land in the R-8 Exhibit A Paisley Meadows H-2016-0089 PAGE 4 zoning district (Cottswald Village). 2. In 2008, the property was granted final plat approval for 19 single-family residential lots and 7 common lots on 6.78 acres of land in the R-8 zoning district. This plat has subsequently expired. D. Utilities: 1. Location of sewer: A sanitary sewer mainline that is intended to provide service to the subject parcel currently exists to the north in Bellingham Park Subdivision No. 3. 2. Location of water: Water mainlines that are intended to provide service to the subject parcel currently exists to the north in Bellingham Park Subdivision No. 3, to the west in Estancia Subdivision. 3. Issues or concerns: The dead end water main in S. Cinder Cove Place shall be extended through the pathway and connect to the 12-inch diameter main in E. Amity Road. E. Physical Features: 1. Canals/Ditches Irrigation: There is an irrigation ditch (Ten Mile Drain) that runs through this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: A portion of this project lies within the Meridian Floodplain Overlay District. Prior to any development occurring in the Overlay District a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6. VII. COMPREHENSIVE PLAN POLICIES AND GOALS Land Use: This property is designated “Low Density Residential” on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain single family residences at densities up to three dwelling units per acre. The proposed Preliminary Plat includes 75 residential building lots on 20.18 acres for a gross density of 3.72 dwelling units/acre. The gross density is slightly above density outlined in the Comprehensive Plan but it comports with the maximum density requirements of the R-4 district. Per the Comprehensive Plan Future Land Use Map, the Commission and Council can consider residential densities on a case by case basis without the requirement of a Comprehensive Plan Amendment. This development would be considered a “step up” in density, from low to medium. The following Comprehensive Plan policies apply to this application: Policies: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics):  “Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc.” (3.05.02C) A 25-foot wide street buffer is required along E. Amity Road, an arterial street, and shall be landscaped in accord with the standards listed in UDC 11-3B-7C. Separate permits shall be obtained for any new fencing.  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The proposed single-family residential development should be compatible with adjacent existing and future residential uses. Exhibit A Paisley Meadows H-2016-0089 PAGE 5  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are available and will be extended by the applicant upon development of the site in accord with UDC 11-3A-21.  “Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) The proposed medium density residential development should contribute to the variety of housing opportunities that exist in this area which currently consist of low- and medium- density residential developments.  “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) The applicant proposes sidewalk connections to both the east along E. Melwood Street and to the north along S. Rangewood Way. The applicant also proposes to pedestrian connections from the proposed subdivision to the proposed sidewalk along E. Amity Road. The applicant is also proposing two internal pedestrian pathways to facilitate pedestrian connectivity.  “Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow.” (3.03.03C) The applicant is proposing to connect to two existing stub streets, one from the Estancia Subdivision (E. Melwood Street), and one from the Bellingham Estates Subdivision (S. Rangewood Way.)The applicant is also proposing to provide one stub street to the property to the east (E/ Melwood Street.)  “Support infill of vacant lots in substantially developed single-family areas at densities similar to surrounding development. Increased densities on vacant lots may be considered if structures are compatible with surrounding development.” (3.07.02I) The proposed density for the subject property is compatible with surrounding densities.  “Require common area in all subdivisions.” (3.07.02F) The proposed plat depicts a total of 2.15 acres (or 10.69%) of qualified open space in accord with the requirements listed in UDC11-3G-3.  “Reduce the number of existing access points onto arterial streets by using methods such as cross access agreements, access management and frontage/backage roads.” (3.03.02N) The submitted plat depicts connections to to two (2) existing stub streets, E. Melwood St., and S. Rangewood Way for interconnectivity. The applicant is proposing to stub a street on the east boundary for future extension. Direct lot access is not proposed or approved to Amity Road.  “Coordinate with public works, police, and fire departments on proposed annexation and development requests, and the impacts on services.” (3.04.01H) Staff has coordinated with public works, police and fire and has incorporated their comments and conditions in this report. Analysis: Staff is supportive of the proposed development as it is generally consistent with the LDR designation and policies in the Comprehensive Plan as noted above and should be compatible with adjacent residential uses. Exhibit A Paisley Meadows H-2016-0089 PAGE 6 VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. The medium low-density residential (R-4) district allows a maximum gross density of 4 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-5 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for single- family detached dwellings is a principal permitted use in the R-4 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-5 for the R-4 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Tables 11-2A-5 for the R-4 zoning district. E. Common Open Space and Site Amenity Requirements: Common open space and site amenities are required to be provided on the site in accord with the requirements listed in UDC 11-3G-3. F. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Preliminary Plat The proposed plat consists of 75 building lots, and 6 common lots. The plat is proposed to develop in two phase. The gross density for the subdivision is 3.72 d.u./acre and the net density is 5.18 d.u./acre. The average lot size within the development is 8,408 square feet (s.f.). The applicant indicated in the application that the minimum home size for the development would be 1,200 s.f., however UDC 11-2A-5 requires a minimum of 1,400 s.f., with multi-story building having a minimum 800s.f. on the ground floor. Existing Structures: There is an existing home and outbuildings on this site. The home is proposed to be removed. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC Table 11-2A-5 for the R-4 district and UDC 11-2A-3. Staff has reviewed the proposed plat and found it to be in compliance with these standards. Block Length: The plat is required to comply with the block length standards listed in UDC 11- 6C-3F. Originally the applicant submitted a plat that did not meet the block length standards, however staff worked with the applicant to revise the plat. Staff has reviewed the proposed plat and found it in compliance with this standard. Traffic Impact Study (TIS): ACHD did not require a TIS for this development. Access: Access to this site is currently provided via E. Amity Road, an arterial street. This access will be terminated with the development of the proposed subdivision. The plat as submitted does not depicted direct lot access in accord with UDC 11-3A-3. Access is proposed from S. Rangewood Way, and E. Melwood Street, both local residential streets. Exhibit A Paisley Meadows H-2016-0089 PAGE 7 Stub Streets: E. Melwood Street and S. Rangewood Way are stubbed to the site. The applicant is also proposing to stub to the property to the east (parcel #S1121336840). Staff is supportive of the street layout prosed for this development. Parking: Off-street parking is required for each residential lot in accord with the standards listed in UDC 11-3C-6. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. A 25-foot wide street buffer (measured from the back of curb) is required along E. Amity Road, a residential arterial street, per UDC Table 11-2A-5 and shall be landscaped in accord with the standards listed in UDC 11-3B-7C. A 35+ foot wide buffer is proposed. A 10-foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscaping (lawn or other vegetative groundcover) is required along E. Amity Road in accord with UDC 11-3B-7C.5. Landscaping should be provided within internal common areas as set forth in UDC 11-3G-3 as shown on the landscape plan. Tree Mitigation: If there are any existing trees on the site that are proposed to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Open Space: 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 (20.18 acres), a minimum of 2.01 acres of qualified open space is required to be provided as set forth in UDC 11-3A-3B. A total of 10.01% of qualified open space is proposed consisting of ½ the street buffer along E. Amity Road, the micropath lot, drainage lot and internal common open space area comply with this requirement. Site Amenities: All developments consisting of five acres of more are required to provide a minimum of one site amenity; one additional site amenity is required for each additional 20 acres per UDC 11-3G-3A.2, in accord with the standards listed in UDC 11-3G-3C. Based on the area of the preliminary plat (20.18 acres), staff requires a minimum of 1 qualified site amenities be provided. The applicant proposes to provide a tot lot within the central common area on Lot 16, Block 2, and pathways through internal common areas in accord with this requirement. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. A minimum 5-foot wide detached sidewalk is required along E. Amity Road as depicted on the landscape plan. Utilities: Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. A street light plan is required to be included in the final plat application. Street light plan requirements are listed in Section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. The plan will need to include the installation of Type 1 lights along Amity Road in addition to type 2 lighting on internal streets. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Adequate fire protection is required in accord with the appropriate fire district standards per UDC 11-3A-21. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision in accord with UDC 11-3A-15. Exhibit A Paisley Meadows H-2016-0089 PAGE 8 Storm Drainage: A storm drainage system is required for the development in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. Building Elevations: The applicant has submitted nine pictures of typical sample building elevations for future homes in this development, included in Exhibit A.4. Building materials appear to consist of a mix of horizontal shake siding with stone accents. Because homes on lots that back up to E. Amity Road will be highly visible, staff recommends the rear or sides of structures on lots that face E. Amity Road (Lots 10, 12, 21 and 22, Block 5) incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. Fencing: All fencing should comply with the standards listed in UDC 11-3A-7. Six-foot tall solid fencing is proposed along the south boundary of the site at the back edge of the buffer along E. Amity Road. An existing fence is depicted on the landscape plan along the north boundary of the site, which is proposed to remain. Staff recommends approval of the proposed preliminary plat request for this site with the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Preliminary Plat (dated: 7/11/16) 3. Proposed Landscape Plan (dated: 7/11/16) 4. Phasing Plan 5. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Required Findings from Unified Development Code Exhibit A Exhibit A Page 1 A. Drawings 1. Vicinity/Zoning Map Exhibit A Exhibit A Page 2 2. Proposed Preliminary Plat (dated: 7/11/16) Exhibit A Exhibit A Page 3 3. Proposed Landscape Plan (dated: 7/11/16) Exhibit A - 2 - 4. Phasing Plan Exhibit A - 3 - 5. Conceptual Building Elevations Exhibit A - 4 - B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 The preliminary plat included in Exhibit A.2, dated 7/11/16, shall be revised as follows: a. A note shall be placed on the face of the final plat prohibiting direct lot access to E. Amity Road. 1.1.2 The landscape plan included in Exhibit A.4, dated 5/8/15, shall be revised as follows: a. All internal pedestrian pathways shall be improved in accord with UDC 11-3A-8 and UDC 11-3B-12. b. If the unimproved street right of way is ten feet (10') or greater from the edge of pavement to edge of sidewalk or property line, the developer shall maintain a ten foot (10') compacted shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover 1.1.3 All existing structures on the site shall be removed prior to signature on the final plat by the City Engineer. 1.1.4 A street light plan is required to be included in the final plat application. Street light plan requirements are listed in Section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. The plan will need to include the installation of Type 1 lights along Amity Road in addition to type 2 lighting on internal streets. 1.1.5 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 1.1.6 The rear or sides of future structures on lots that face E. Amity Road on Lots 10, 12, 21 and 22, Block 5 shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. 1.1.7 Future homes constructed within this development shall comply with the conceptual building elevations and materials shown in Exhibit A.4. 1.1.8 Pending the approval of ACHD, that signs saying “No Construction Traffic” be placed at the corner of Locust Grove and Wrightwood, the dead end of Rangewood, and at the entrance to Estancia off of Amity Road. 1.1.9 Pending approval of ACHD, a temporary construction access shall be built off of Amity Road, and that all construction vehicles shall use the temporary construction access. 1.1.10 A landscape surety shall be put into place for removal of the construction entrance and the temporary construction entrance shall be removed prior to signature on the final plat for phase two of the proposed development. 1.1.11 Prior to the City Council hearing, the applicant shall provide details of the location of the temporary access as well as have final information from ACHD as far as any conditions for use of the temporary access. Exhibit A - 5 - 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC Table 11-2-A-5. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.10 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. 1.2.11 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.12 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.13 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. Exhibit A - 6 - 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B- 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 The dead end water main in S. Cinder Cove Place shall be extended through the pathway and connect to the 12-inch diameter main in E. Amity Road.. 2.1.2 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. The plan will need to include the installation of Type 1 lights along E. Amity Road in addition to type 2 lighting on internal streets. 2.1.3 A portion of this project lies within the Meridian Floodplain Overlay District. Prior to any development occurring in the Overlay District, a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. 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. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 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 Exhibit A - 7 - 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 prepared by an Idaho Licensed Professional Land Surveyor, 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. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28C1). 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 prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 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. 2.2.7 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. 2.2.8 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. 2.2.9 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 and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro- paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 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. 2.2.13 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. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. Exhibit A - 8 - 2.2.16 All grading of the site shall be performed in conformance with MCC 11-1-4B. 2.2.17 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. 2.2.18 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. 2.2.19 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. 2.2.20 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. 2.2.21 100 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 light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found on the city of meridian Public Works Department’s website at http://www.meridiancity.org/public_works.aspx?id=272. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse 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 surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 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, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate 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. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department has no comment on this application. 4. FIRE DEPARTMENT 4.1 The Fire Department did not provide comments on this application. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments on this application. Exhibit A - 9 - 6. PARKS DEPARTMENT 6.1 The applicant shall contact Elroy Huff, City Arborist, at 208-371-1755 to schedule an inspection to determine mitigation requirements for healthy trees on the site, 4-inch caliper or greater, that are proposed to be removed in accord with the provisions listed in UDC 11-3B-10C. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate 48-feet of right-of-way from centerline of Amity Road and construct a detached 5-foot wide concrete sidewalk a minimum of 41-feet from centerline of Amity Road abutting the site. 7.1.2 Widen Amity Road to 17-feet of pavement from centerline, plus a 3-foot wide gravel shoulder along Amity Road abutting the site. 7.1.3 Provide a permanent right-of-way easement for any public sidewalks placed outside of the dedicated right-of-way. 7.1.4 Construct the internal local streets as 34-foot street section with curb and gutter, within 38-feet of right-of-way; and 5-foot wide concrete sidewalk within an easement. 7.1.5 Construct the 2 cul-de-sacs with a minimum 45-foot turning radius; and provide written fire department approval prior to plan approval. 7.1.6 Construct all local roadways to align or provide a minimum offset of 125-feet from any other street. 7.1.7 Construct 1 stub street, Melwood Street, located 330-feet north of Amity Road to the site’s east property line. 7.1.8 Provide signage at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.” 7.1.9 Payment of impacts fees are due prior to issuance of a building permit. 7.1.10 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Exhibit A - 10 - 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Exhibit A - 11 - D. Required Findings from Unified Development Code 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation and will be consistent with the density of the LDR FLUM designation if Council approves a step up in density for this site. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Council relies upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Council’s attention. ACHD considers road safety issues in their analysis. Council consider any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Council is unaware. Meridian City Council Meeting DATE: October 4, 2016 ITEM NUMBER: 6L PROJECT NUMBER: H-2016-0107 ITEM TITLE: Final Order for Rainer Villas (H-2016-0107) by Intermountain Pacific, LLC Located West of Meridian Road and South of West Penwood Street and North of West Corporate Drive MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 15 LOTS ON 5.35 ACRES IN THE C -G ZONING DISTRICT FOR RAINIER VILLAS. BY: INTERMOUNTAIN PACIFIC, LLC APPLICANT HEARING DATE: SEPTEMBER 20, 2016 CASE NO. H-2016-0107 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) 11-613-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING RAINIER VILLAS SUBDIVISION, LOCATED IN THE NE '/4 OF SECTION 13, TOWNSHIP 3N, RANGE 1 W, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2016, HANDWRITTEN DATE: 08/16/16, by Gregory g. carter, :PLS, SHEET l OF 3," is conditionally approved subject to those conditions of Staff as set forth in the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR (Rainier Villas -- H-2016-0107) Page I 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 06-�v be*-- , 2016. City Clerk Tammy de 1;d Mayor, C' o eridian Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR (Rainier Villas --- H-2016-0107) Page 3 of 3 Rainier Villas – H-2016-0107 PAGE 1 STAFF REPORT Hearing Date: September 20, 2016 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2016-0107 – Rainier Villas I. APPLICATION SUMMARY The applicant, Intermountain Pacific, LLC, has applied for approval of a final plat consisting of fifteen (15) multi-family building lots and five (5) common lots on approximately 5.35 acres of land in the C-G zoning district. II. STAFF RECOMMENDATION Staff recommends approval of final plat (FP) application subject to the conditions noted below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number H-2016-0107 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-2016-0107 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-2016-0107 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 site is located west of N. Meridian Road between W. Corporate Drive and W. Penwood Street (parcel #S1213142120) in the NE ¼ of Section 13, Township 3 North, Range 1 West, B.M. B. Applicant/Owner: Intermountain Pacific, LLC 2949 E. Copper Point Drive Meridian, Idaho 83642 C. Agent: Shannon Robnett, Robnett Properties 3818 E. Newby Street Suite 101 Nampa, ID 83687 Rainier Villas – H-2016-0107 PAGE 2 V. STAFF ANALYSIS The proposed final plat consists of fifteen (15) multi-family building lots and five (5) common lots on approximately 5.35 acres of land. The average lot size is 7,500 square feet. All of the lots comply with the dimensional standards of the C-G zoning district. The approved conditional use permit allows the site to develop with 91 multi-family units for a gross density of 16.8 dwelling units to the acre. Open space for the subdivision consists of the existing 20-foot wide landscape buffer on the north boundary of W. Corporate Drive. The internal landscaping and site amenities will be reviewed for conformance with a future certificate of zoning compliance and administrative design review application. The proposed street buffers are consistent with the open space approved with the Rainier Villas development. Staff has reviewed the proposed final plat for consistency with the approved preliminary plat and found it to be in substantial conformance per UDC11-6B-3C as the number of buildable lots and the amount of common open space are the same. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved preliminary plat and conditional use permit (H- 2016-0041) for this subdivision. 2. The applicant has until July 5, 2018, to obtain City Engineer’s signature on the final plat 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. Prior to submittal to the City, the Professional Land Surveyor preparing the plat shall stamp, sign and date each page of the final plat map, including the Certificate of Surveyor. 5. The applicant shall comply with the submitted landscape plan prepared by South Landscape Architecture, dated May 13, 2016. 6. Revise the notes on the face of the plat prepared by Idaho Survey Group, P.C., dated September 14, 2016 prepared by Gregory G. Carter, prior to signature on the final plat by the City Engineer, as follows:   Note #8: The instrument number for the ACHD temporary turnaround easement shall be included.  Re-name the plat as Rainier Villas not Ranier Villas. 7. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Kimberly Cutler, at 887-1620 for more information. 8. Cross-access and shared parking agreement is required in accord with UDC 11-3A-3A.2. The applicant shall include a note on the face of the final plat that identifies the recorded copy of the agreement prior to signature on the final plat. 9. W. Corporate Drive and associated street landscape buffer shall be constructed in its entirety with this phase of development. 10. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 11. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. The applicant shall construct all fencing abutting the common lots in accord with UDC 11-3A- Rainier Villas – H-2016-0107 PAGE 3 7A.7.a.Temporary construction fencing to contain debris shall be installed at the subdivision boundary prior to release of building permits for this subdivision. 12. All structures built on the site are required to comply with the design standards set forth in the Architectural Standards Manual. 13. CZC and administrative design review approval is required prior to issuance of a building permit for any and all of the multi-family units within this development. NOTE: A CZC application may include one or more multi-family units on a lot/parcel. 14. The applicant shall record the final plat prior to applying for any building permits. 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 activated and deemed substantially complete, at a minimum a compacted gravel roadway is in place, 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. Rainier Villas – H-2016-0107 PAGE 4 10. It shall be the responsibility of the applicant to ensure that all development features comply wi th 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. Rainier Villas – H-2016-0107 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. V. EXHIBITS A. Vicinity Map B. Approved Rainier Villas Subdivision (H-2016-0041) C. Proposed Final Plat (dated: 09/14/16) D. Proposed Landscape plan (dated: 05/13/16) Rainier Villas – H-2016-0107 PAGE 6 Exhibit A – Vicinity Map Rainier Villas – H-2016-0107 PAGE 7 Exhibit B – Approved Rainier Villas Subdivision (H-2016-0041) Rainier Villas – H-2016-0107 PAGE 8 Exhibit C – Proposed Final Plat (dated: 09/14/16) Rainier Villas – H-2016-0107 PAGE 9 Exhibit D – Proposed Landscape Plan (dated: 05/13/16) 11 K ENGINEERING P.C. Civil Engineering * Project Management DATE: September 16, 2016 TO: City of Meridian Planning Department Attn: Josh Beach Associated City Planner 33 E. Broadway Avenue #102 Meridian, ID 83642 RE: Rainier Villas Subdivision Final Plat Staff Report Mr. Beach: On behalf of Intermountain Pacific LLC, I have review that staff report dated September 20, 2o16 that I received on September 15, 2016 at 4:30 p.m. We are in agreement with the condition listed in the staff report dated September 20, 2016. If more is needed, please don't hesitate to call me. Chad S. Kinkela, P.E. CK Engineering, P.C. CK Engineering 13oo E. State St Suite 102 Eagle, ID 83616 208.869.0590 mobile chad@ck-engineers.com Meridian City Council Meeting DATE: October 4, 2016 ITEM NUMBER: 6M PROJECT NUMBER: H-2016-0100 ITEM TITLE: Second Addendum to Development Agreement for Twelve Oaks(MDA-H-2016- 0100)with Twelve Oaks, LLC located at 1845 W. Franklin Road, in the NE 1/4 of Section 14, Township 3N., Range 1 W MEETING NOTES 9 APPRIED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2016-095715 BOISE IDAHO Pgs=3 LISA BATT 10/05/2016 03:12 PM CITY OF MERIDIAN, IDAHO NO FEE ADA COUNTY RECORDER Christopher D. Rich2016-095963 oL_ rGO �1 �C ' b BOISE IDAHO Pgs=18 DAWN TRIVOLIS 10/06/2016 10:15 AM to� 11 CITY OF MERIDIAN, IDAHO NO FEE SECOND ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Twelve Oaks, LLC Owner/Developer THIS S COND ADDENDUM TO DEVELOPMENT AGREEMENT is dated this_'�day of 66 &y- , 2016, ("SECOND ADDENDUM"), by and between City of Meridian, a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Twelve Oaks, LLC, an Idaho limited liability company whose address is 167 E. Whitespur Street, Meridian, Idaho 83642, hereinafter called OWNER/DEVELOPER. RECITALS A. City and OWNER/DEVELOPER entered into that certain Development Agreement that was recorded on November 16, 2006 in the real property records of Ada County as Instrument No. 106180812 ("DEVELOPMENT AGREEMENT. A First Addendum to Development was recorded on September 12, 2013 as Instrument No. 113103 818. B. City and OWNER/DEVELOPER now desire to amend the Development Agreement (Instrument no. 106180812) and the First Addendum to Development Agreement (Instrument No. 113103818) with this Second Addendum to Development Agreement which terms have been approved by the Meridian City Council in accordance with Idaho Code § 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the original Development Agreement and the First Addendum to Development Agreement, except as specifically amended as follows: 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified as Meridian City Unified Development Code. Application for a Certificate of Zoning Compliance shall be submitted to the City of Meridian prior to future development in the C -C and TN -R zones, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this development. Twelve Oaks — MDA H-2016-0100 Page 1 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT: "Owner and/or Developer" has submitted to "City" a Conceptual Site Plan attached as Exhibit "A", and shall be required to obtain the "City" approval thereof, for a preliminary and final plat of the subject property. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: 1. That the Owner and/or Developer will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 3. The Owner and/or Developer shall provide a surety agreement for the construction of a multi -use pathway through the site from the Ten Mile Creek to W. Franklin Road and pedestrian bridge across the Ten Mile Creek in accordance to Unified Development Code 11-5C prior to the issuance of the first certificate of occupancy in this development. 4. The Owner and/or Developer shall coordinate with the Meridian Parks Department and Nampa Meridian Irrigation District to define the location of the multi -use pathway, bridge maintenance, and landscaping along the Ten Mile Creek. 5. A cross-access/ingress-egress easement shall be recorded to the properties to the east (Parcel #'s R8956000010 & R8956000200) and west (Parcel #S1214120631 & #S 1214121134) prior to issuance of any building permits for the site. In lieu of access being provided from the subject property to Parcel # . R8956000200, a cross- access/ingress-egress easement may be granted instead through the Hark's Corner property (to the east of the subject property) with the property owners consent. In this case, a cross-access/ingress-egress easement shall be recorded to Parcel # R8956000200 along with consent for a minimum 20 foot wide section of the concrete fence to be removed for the access to occur. 6. Access to the site via W. Franklin Road is limited to one access point unless otherwise waived by City Council in accord with UDC 11 -3A -3A. City Council approved a waiver for the second access via Franklin Road shown on the site plan, contingent upon approval by ACHD. Twelve Oaks —MDA H-2016-0100 Page 2 7. The commercial portion of the site is depicted on the concept plan to consist of a two retail pads consisting of 2,900 and 1,750 square feet (s.f.); a 3,525 s.f. bank; and a 4,500 s.f. dental office. In determining consistency with the concept plan, building sizes on these pads shall be allowed a 20% increase or decrease in size. 8. Development of the site shall be consistent with the conceptual site plan and elevations included as Exhibit "A" unless otherwise modified through an amendment to this agreement. Compliance with the design standards listed in the Architectural Standards Manual is required. 9. An 8 -foot tall concrete fence is required to be constructed along the east boundary of the site adjacent to the Roam property (Parcel No. R8956000200) to match the existing fence along the north boundary of the Roam property. 2. OWNER/DEVELOPER agrees to abide by all ordinances of the City of Meridian that are consistent with the terms of the Development Agreement, the First Addendum and this Second Addendum and the Project Site shall be subject to de -annexation if the DEVELOPER, or their assigns, heirs, or successors shall not meet the conditions of this Second Addendum as herein provided, and the Ordinances of the City of Meridian that are consistent with the terms of the Development Agreement, First Addendum and this Second Addendum. 3. If any provision of this Second Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Second Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 4. This Second Addendum sets forth all promises, inducements, agreements, condition, and understandings between OWNER/DEVELOPER and City relative to the subject matter herein, and there are no promises, agreements, conditions or under -standing, either oral or written, express or implied, between OWNER/DEVELOPER and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Second shall be binding upon the parties hereto unless reduced in writing and signed by them or their successors in interest or their assigns, and pursuant, with the respect to City, to a duly adopted ordinance or resolution of City. 5. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Project Site herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This Second Addendum shall be effective as of the date herein above written. 7. Except as amended by this Second Addendum, all terms of the Development Agreement and the First Addendum shall remain in full force and effect. Twelve Oaks —MDA H-2016-0100 Page 3 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNEW/DEVELOPER: _1___ !l_1___ T T ! Twelve Oaks — MDA H-2016-0100 Page 4 STATE OF IDAHO, ) ): ss County of Ada ) On this 27d ay of 5��-�tB , 2016, before me, the undersigned, a Notary Public in and for said State, personally appearedZi gar" t�75 L. TewgT , known or identified to me to be the /(IM.Wev&,7L of Twelve Oaks, LLC and acknowledged to me that he executed the same with authority on behalf of Blue Marlin Investments, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ati�'` 1, PdP1�s! SOT A,k Y S� C aw°® R 0 a UBLlO a 9000,40 STATE OF IDAHO ) �-- �,� Notary Public for Idaho Residing at: Eirlo'/e'Tr My Commission Expires: 3 V-11 ss County of Ada ) On this day of e� eoi ��� +� , 2016, before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Twelve Oaks —MDA H-2016-0100 Notary Public Qr Idaho Residing at: �%—ed Commission expires:�� C� Page 5 MA °a'lr (SEAIj 6. ,r 4tw o. 10 Twelve Oaks —MDA H-2016-0100 Notary Public Qr Idaho Residing at: �%—ed Commission expires:�� C� Page 5 EXHIBIT A Exhibit A: Proposed Conceptual Development Plan (dated: 6/24/2016) & Building Elevations Landscape Plan z� Twelve Oaks — MDA H-2016-0100 1 Shoat Motes• y 7 e .,e.a.eaw.rr raoannaoas.swx..-a� e mlansawrammiaao. •aw �a vaY�rtumc C p � f' aaw,a ia�swu 0 u; m - awarca H � V _ swn. rnna .vnd Landscape Noter � i w mm¢.ueamaa �cua ii atx A CL R � N 9 C (Q " m cavum.. a.s�vaaaunwr 1.00 EXHIBIT A CONCEPTUAL DESIGN DRAWINGS 5.6.16 Y a LMIII, CLD DI � l ; . f-- 1 TYPICAL SIOE ELEVATION (TYPE 2 8 3) 3 u �LL -k;_; I �,P TYPICAL SIDE ELEVATION (TYPE 1) 1 TYPICAL SIDE ELEVATION (TYPE 4) TYPICAL FRONT ELEVATION (TYPE 1, 2 & 3) CONCEPTUAL DESIGN DRAWINGS 5.6.16 ieoaeeaaa�ue N Y f0 O � e cu ++ s (1) is = e LL N L '¢: %it - - TYPICAL SIDE ELEVATION (TYPE 5) A6.2 Twelve Oaks — MDA H-2016-0100 2 h . EXHIBIT A CONCEPTUAL DESIGN DRAWINGS 5.6.16 1 FRONT ELEVATION (WEST) IIIIIIOmfl11i1n0 j.tJ�rRLYELITt�.�{tiJ't.. t)t'i..a:..... 11IqIw44rum■■11111Emil no mmr=nnmut� �I mnnmt~nm�lll{� EM , m 1 FRONT ELEVATION (WEST) IIIIIIOmfl11i1n0 11IqIw44rum■■11111Emil n.■n■■■n.. EM , m 2REAR ELEVATION (EAST) U) Y @ O :r.,arrT4-rarrr,rx.a..>rr cxA rur a- III.11�i,1 �� .... � ■�� u� Iilllllllll� Zia riLta fei�:�rTr .:fIIllliillll •�G) CONCEPTUAL DESIGN DRAWINGS 5.6.16 FRONT ELEVATION (DUPLEX Di,D4,d D7) 310E ELEVATION (DUPLEX D1,D4,6 D7) Twelve Oaks —MDA H-2016-0100 REAR ELEVATION (DUPLEX DI,D4,& D7) 310E ELEVATION (DUPLEX DI,D4,8 D7) EXT. ELEVS. DUPLEX DI, D4 6 07) A> A6.71 EXHIBIT A CONCEPTUAL DESIGN DRAWINGS 5.6.16 1 FROM ELEVATION (DUPLEX D2,D5 d D8) ED =o L -i i 2" ELEVATION (DUPLEX 02,05 A D8) SIDE ELEVATION (DUPLEX D2,05 & 08) W!DE ELEVATION (DUPLEX D2,D5 & 08) CONCEPTUAL DESIGN DRAWINGS 6.6.16 FROM ELEVATION (DUPLEX D3,D6 6 09) 2" ELEVATION (DUPLEX D3,D6 d D9) SIDE ELEVATION (DUPLEX D3,D6 6 D9) Twelve Oaks — MDA H-2016-0100 SIDE ELEVATION (DUPLEX D3,06 & D9) A6.73 EXHIBIT A CONCEPTUAL DESIGN DRAWINGS 5.6.16 VISIBLE SIDE ELEVATION NON VISIBLE SIDE ELEVATION 3MNT ELEVATION - VIII .III. p�l'll - :��IIIII0111 ■• I IIIA 1 TYPICAL SIDE ELEVATION �g 1�� (till REAR ELEVATION i��►l 0 i� EXT. ELEVS, GARAGES .o. n,w �A6.81 CONCEPTUAL DESIGN DRAWINGS 6.6.16 iwocnxunu YEAR ELEVATION Twelve Oaks — MDA H-2016-0100 5 1- . Y (B Q J � a E� - i>3 p L I -- EXT. ELEYS. GARAGE 5 wsrrrta +mw YA6.82 EXHIBIT A CONCEPTUAL DESIGN DRAWINGS 5.6.16 tdrpg e71tt➢!r3';;dJl:d:���13^ �.:.II,. ''II (�fl�.: II (IIIN I j,.7 3._ - 1i4 FRONT ELEVATION REM ELEVATION ' � 6 r ,d t i ball IIIIII�I, III 4SIDE ELEVATION 3SIDE ELEVATION EXT. EtEVS. GARAOE5S A6.83 CONCEPTUAL DESIGN DRAWINGS 5.6.16 Y SIDE ELEVATION O $3 m� v '3FRONT ELEVATION ®II ■J�����ilh�ll���l�l� l��lll�����) ����������`��i�!�������������'�i��) �i����f���������'���������������� i��' 4.EAR ELEVATION ' ,6 Twelve Oaks — MDA H-2016-0100 Meridian City Council Meeting DATE: October 4, 2016 ITEM NUMBER: 6 PROJECT NUMBER: Y1121►Tii111111114 Sewer Main Easement Contract with New Cavanaugh LLC a Not -To -Exceed Amount of $1,802.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDIAN*- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: BRENT BLAKE DATE: September 27, 2016 Mayor Tammy de Weerd City Council Memberfs Keith Bird Joe Borton Luke Cavener Genesis Milam Anne Little Roberts Ty Palmer SUBJECT: SEWER MAIN EASEMENT CONTRACT WITH NEW CAVANAUGH LLC FOR A NOT -TO -EXCEED AMOUNT OF $1,802.00. REQUESTED COUNCIL DATE: October 4, 2016 I. RECOMMENDED ACTION A. Move to: 1. Approve the easement contract and associated sewer easement documents. 2. Authorize the Mayor to sign the contract. II. DEPARTMENT CONTACT PERSONS Brent Blake, Project Manager 489-0340 Kyle Radek, Asst. City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background - A new Trunk Sewer extension project is part of the commitments the City has made to extend services to South Meridian and has a two-year timeframe for completion. This extension of the South Meridian Black Cat Trunk Sewer starts at the intersection of Victory and Meridian Roads and runs south to approximately 1,600 feet south of Amity Road. Overall, the project encompasses approximately 8,400 lineal feet of 24 -inch trunk sewer and 1,500 lineal feet of Page I of 2 12 -inch gravity sewer. The termination of this Trunk Sewer will be located approximately a quarter of a mile south of Amity Road to the west of Meridian Road. IV. IMPACT A. Strategic Impact: The easement contract and associated easements will allow the City to construct and maintain the above described Sewer Trunk and also provide necessary sewer infrastructure to valued customers. Extension of the Sewer Trunk is in direct alignment with the Public Works mission to anticipate, plan, and provide exemplary public services and facilities that support the needs of a growing community. B. Fiscal Impact: Costs (FY2016) Land Value $1,500.00 Permanent Easement $34.00 Temporary Easement $268.00 Total $1,802.00 Funding Sewer Main Extensions (3590-93505) $500,000.00 V. ALTERNATIVES A. The Council could decide to not approve the easement contract which would impact the proposed route of the Sewer Trunk and may result in higher costs. VI. TIME CONSTRAINTS Time is of the essence with regard to Council's approval for this easement contract due to the commitments the City has made to extend services to South Meridian with a two-year completion deadline. VII. LIST OF ATTACHMENTS A. Easement contract a associated easements with exhibits. Approved for Council Agenda: 7 - 2_7_/(0_ Date Page 2 of 2 ADA COUNTY RECORDER Christopher D. Rich 2016-095717 BOISE IDAHO Pgs=16 LISA BATT 10/05/2016 03:17 PM CITY OF MERIDIAN, IDAHO NO FEE City of Meridian 33 East Idaho Street, Meridian, ID 83642 PERMANENT AND TEMPORARY EASEMENT CONTRACT Project # and Description: 10-15-116, City of Meridian, Black Cat Trunk Sewer Parcel # and Owner: SI 130223502, 15.9 AC parcel, located in the northwest corner of Section 30, Township 3 North, Range I East, New Cavanaugh LLC. ("Subject Property") Date: jd L / THIS EASEMENT CONTRACT, made this day of lV U 2016, between the City of Meridian, acting by its Mayor and Council, herein called "CITY" and New Cavanaugh LLC, herein called "GRANTORS". WHEREAS, CITY is constructing the Black Cat Trunk Sewer Phase 5 project in South Meridian; and, WHEREAS, this Project will improve sewer capacity and delivery as well as extend sewer services through an area of existing and future development and growth in South Meridian; and, WHEREAS, GRANTOR'S real property identified above is a suitable location for a portion of the Trunk Sewer; and, WHEREAS, subject to the terms outlined below, GRANTORS agrees to deliver to the CITY a Permanent Sanitary Sewer Easement included herewith as Exhibit A-1 and Temporary Construction Easement included herewith as Exhibit A-2: NOW THEREFORE, the parties hereto agree as follows: 1. INCORPORATION OF RECITALS: The above recitals are included in this Agreement and by this reference are incorporated herein. 2. CITY CONSIDERATIONS and RESPONSIBILITIES CITY agrees to the following in consideration for the GRANTORS agreement to provide the easements requested herein. A. The CITY shall notify the GRANTOR at least 14 days prior to the commencement of work on the site. If at all possible, the construction shall begin after the crop harvest in the affected lands. The CITY's contractor shall coordinate all aspects of the work with the GRANTOR.and/or GRANTOR's construction representative. B. The CITY's contractor will remove and dispose the existing trees fronting Meridian Road and adjacent to the temporary construction easement. Trees along the southern bank of the Ridenbaugh Canal shall be retained and protected. Stumps removal will not be performed. C. The CITY's contractor will remove and reinstall the field fencing along the temporary construction easement area to a condition equal to or better than existant prior to construction. D. The CITY's contractor upon project completion, will remove any top soil contaminated with rocks or other debris and replace with import top soil. Top soil will be placed and graded in the field areas to the lines and grades preexistent to construction. Irrigation delivery or wastewater collection ditches disturbed by the construction activities shall be replaced in-kind. E. CITY shall pay GRANTOR and the lien holder, if any, such sums of money and/or benefits as are set out below. The GRANTOR is also aware of the costs incurred by the CITY for the tree removal described in Section 2 above. 7-5-2016 Page 1 of 2 ITEM DESCRIPTION AREA GROSS VALUE VALUATION EASEMENT VALUE (Ft') ($/Ft2) FACTOR ($) Permanent Easement 1,705 s.f(+/-) $0.04 50% $ 34.00 Temporary Easement 67,018 s.f.(+/-) $0.04 10% $ 268.00 In -lieu of Appraisal — in consideration of the GRANTOR'S agreement to utilize a valuation of $0.04 per square foot of the property is based on current assessed value $22,600 or $1,421 per acre. To avoid the cost of a third party appraisal, the CITY agrees to pay the GRANTORS a lump sum of: $1,500.00. TOTAL EASEMENT CASH SETTLEMENT AMOUNT $1,802.00 3. GRANTORS CONSIDERATIONS and RESPONSIBILITIES A. GRANTOR is aware of the CITY's time constraints and will act promptly in fulfilling the responsibilities stated herein. B. GRANTOR shall modify farming practices in the temporary construction easement to allow full utilization of the area by the CITY's contractor. 4. GENERAL CONDITIONS A. This Contract shall not be binding unless and until executed by the Mayor and/or their authorized representatives. The parties have herein set out the whole of their agreement, the performance of which constitutes the entire consideration for the granting of said easement and shall relieve the CITY of all further claims or obligations on that account or on account of the location, grade, construction and maintenance of the proposed sanitary sewer line. B. The term of the temporary construction easement shall expire within 30 days after the installation and final acceptance of the sewer line and related appurtenances. C. The parties whose names appear below as Grantors, covenant and warrant that they are the OWNERS of the property to which this document applies, are fully authorized to execute this document and forever bind themselves, their successors and assigns and the subject property to the terms set forth herein. IN WITNESS WEREOF, the parties have executed this contract the day and year first above written. CITY OF M By Tammy d We d, Mayor %0 Date: ( V GRANTORS AUG �Sr 7q `o w A Chy of EAHO IDIS IA+N�'-- vv` C, UIa �1v ATTEST: Y - Orme TREPSJ� Date: C& Clerk Date approved by Council: 7-5-2016 Page 2 of 2 EXHIBIT A-1 SANITARY SEWER EASEMENT De fo b�� THIS INDENTURE, made this -� day of 2016 between New Cavanaugh LLC , the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS are willing to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for an underground pipeline to be constructed by the GRANTEE; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: tSee Attached Legal Exhibits A-1.1 and A-1.2) The easement hereby granted is for the purpose of construction and operation of a sewer line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the sanitary sewer line, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to construction. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sewer Main Easement Rev.8-4-16 THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, or public pathway then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. The GRANTORS recognize the GRANTEE's need for occasional and emergency maintenance activities to the sewer and associated allied facilities. In the event stored items encumber the GRANTEES access to the sanitary sewer and sewer manholes the GRANTOR shall promptly move said items to allow full utilization to the GRANTEE'S of the permanent easement. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. Sewer Main Easement Rev.8-4-16 GRANTOR: NEW CAVANAUGH LLC Mar ger 33L? N &c, 5(.c. (�'C� S 44,4--r- I l J - m IT Address M c v i J ,bh i D s 3 Cry (P STATE OF IDAHO ) : ss. County of Ada ) On this _9 4K day of `kt4t,l_520 G, before me, the undersigned, a Notary Public in and for said State, personally appeared & n in i ne,-f, and , known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAh,eeueeeq� ® AR YdW ••• S • '•. PUG.' 4+, 1oF NOT Y PUBLIC FOR IDAHO Residing at: L%z A -,I, , Commission Expires: Sewer Main Easement Rev.8-4-16 GRANTEE: CITY OF MERIDIAN Go�QCRATEO gGG(i Tammy de e rd, Mayor (— L C (;IV "r o IW M SEA �� Atte by City Clerk F�of aPw G ,'S y y 60 //^ the TREASV�� Approved By City Council On: l D 6 L1 /U l STATE OF IDAHO, ) ss County of Ada ) f On this ay of6W]-, 20, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and �� known tome to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. #**one* so 0 &C-�U Re- -w�x AM (SEAL) •' -O ' ; NOTARY PUB �C FOR IDA a ' -- Residing at:y Commission Expires: �c Awl % Sewer Main Easement Rev.8-4-16 (J-UIB J•U-B ENGINEERS, INC. J -U'8 COMPANIES LANGDON �(�;) MAPPING GROUP `l INC. EXHIBIT A-1.1 Sanitary Sewer Easement Cavanaugh Boundary Description Project Number 10-15-116 lune 21, 2016 An easement situated in the northwest quarter of Section 30, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the northwest corner of Section 30, Township 3 North, Range 1 East, Boise Meridian; Thence S00°25'44"W, 410.86 feet along the west line of the northwest quarter of Section 30; Thence S89°34'16"E, 70.00 feet to the intersection of the east right-of-way line of South Meridian Road and the center line of the Ridenbaugh Canal, the POINT OF BEGINNING: Thence S44°08'28"E, 42.75 feet along the center line of the Ridenbaugh Canal; Thence S00°25'44"W, 37.79 feet parallel with and 30.00 feet from the east right-of-way line of South Meridian Road; Thence S76°07'07"W, 30.96 feet to the east right-of-way line of South Meridian Road; Thence N00°25'44"E, 75.90 feet along the east right-of-way line of South Meridian Road to the POINT OF BEGINNING. The above-described easement contains 0.04 acres, more or less. Prepared from information of record. L r..G � l4 Page 1 of 1 �tigEOF � � �y J a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 i 208-323-9336 it, www.lub.com Exhibit A-1.2 & A-2.2 24W1 9 NW Corner 25 30 Section 30 � I OR WOO' .'"Sanitary Sewer Easement _ _ of Beginning orary Construction Easement Point of Beginning—j Sanitary Sewer Easement � w L7 --I 30'---1 _ Ridenbough Canal „ o so 100 SCALE IN FEET Line Table Line # Direction Length L4 S44°08'28"E 42.75' L5 S00'25'44"W 37.79' L6 S76°07'07"W 30.96' L7 N00°25'44"E 75.90' I Temporary Construction Easement I LAND \ST � � G CL m � I CD 1 34 to I00 Of Z 94.39' Hq£L S . �y N86'01'49 "W I REUSEA DRAWWGS FILE: ,D.15 116 EA >D„®T� OTHE O IGNSFYCOR RATED THIAN Meridian Black Cat Trunk SHEET F FROEASIONND -115 IN TIENIENT OPERWRF J�PROJ A.IPI5-It6 AN GINEE S.k OFND ISN TTOB USED.[,IBTHLE OPART,OF hIC AND ISNDTTTHE EORPART, OMWN BY: DA ��• Cit of Meridian FORANYOTHERS. XFRESSWRI FOR AHV OTHER PROJECT WRHOUT THE E%PRESS WRITTEN DESIGNBV:- AUTHORIZATION OFJJL6ENGINEERS. W, CHECKED BY, A956 The NW 114 of Section 30, T3N., R.1 E., B.M., 1 of 1 1 -U -B ENGINEERS, INC. tilt of Meridian, Ada County, Idaho Y Y NO REVISION DESCRIPTION BV PR DATE LAST UNDATED: E2 2316 i I� 'LAID VD 6/21/2016 Scale: 1 inch= 9 feet File: Tract 1: 0.0391 Acres (1705 Sq. Feet), Closure: n00.0000e 0.00 ft. (1/58218), Perimeter=187 ft. 01 s44.0828e 42.75 02 s00.2544w 37.79 03 s76.0707w 30.96 04 n00.2544e 75.9 EXHIBIT A-2 TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this day of 2016 between New Cavanaugh_LLC the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS are willing to provide a temporary construction easement across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for an underground pipeline to be constructed by the GRANTEE; and NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (See Attached Legal Exhibits A.2.1 and A.2.2.) The temporary construction easement hereby granted is for the purpose of construction of a sewer line and related incidental work and storage of materials related to the construction process. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, its successors and assigns shall be temporary. The termination of this easement shall expire 30 days after the installation and final acceptance of said sewer line and related appurtenances by the GRANTEE. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after installing and accepting said sewer line and related appurtenances, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their Temporary Construction Easement Rev.8-4-16 signatures the day and year first herein above written. GRANTOR: NEW CAVANAUGH LLC Ma ger 3327 tit t=ale 1-00.1 %K'`k (to —lug Address t „v) g) cp `/ � STATE OF IDAHO ) : ss. County of Ada ) On this day of A-(, Q Li St , 20 Ito , before me, the undersigned, a Notary Public in and for said State, p'drsonally appeared j<1j rjn 02,,! an L and , known or identified to me to be the President Ad Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ,,e04U0000000®,,,��� NO RY PUB IC FOR IDAHO o,�.• �;:::K�Ns''•,,,® Residing at: L� `Dd h u o ARA •• m Commission Expires: : L o o c®® e 0 ® o o OI)y B, o X00 !� lJ ll W • o° ov n111's% Temporary Construction Easement Rev.8-4-16 GRANTEE: CITY OF MERIDIAN Tammy de W \�Gp�P pRATEO q GCGS of c'0 C o IDIgN W C �4,, Attest ly may. City Clerk /- Approved By City Council On: /l0/ /-//�0/6 STATE OF IDAHO, ss County of Ada ) On this �day of �c fob eY , 20 �1v , before me, the undersigned, a Notary _ Public in and for said State, personally appeared Tammy de Weerd and Jaycr=-, �- A known tome to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, �o S and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. M CIUC]Ad� L -4f ti -6 (SEAL) NOTARY PUB�C� C FO�R IDA 0 Residing at: -!-�) Commission Expires: 1- I Temporary Construction Easement Rev.8-4-16 CJ -U �'B�)k J•U•B ENGINEERS, INC. J -U -B COMPANIES THE MAPPING GROUP INC. EXHIBIT A-2.1 Temporary Construction Easement Cavanaugh Boundary Description Project Number 10-15-116 June 21, 2016 An easement situated in the northwest quarter of Section 30, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the northwest corner of Section 30, Township 3 North, Range 1 East, Boise Meridian; Thence S00°25'44"W, 410.86 feet along the west line of the northwest quarter of Section 30; Thence 58934'16"E, 70.00 feet to the intersection of the east right-of-way line of South Meridian Road and the center line of the Ridenbaugh Canal; Thence S44°08'28"E, 42.75 feet along the center line of the Ridenbaugh Canal to the POINT OF BEGINNING: Thence continuing S44°08'28"E, 99.75 feet along the center line of the Ridenbaugh Canal; Thence S00°25'44"W, 642.41 feet parallel with and 100.00 feet from the northerly leg of the east right-of-way line of South Meridian Road; Thence N86°01'49"W, 94.39 feet to the east right-of-way line of South Meridian Road; Thence NO2°56'11"W, 98.59 feet along the east right-of-way line of South Meridian Road Thence N00°25'44"E, 563.77 feet along the northerly leg of the east right-of-way line of South Meridian Road Thence N76°07'07"E, 30.96 feet; Thence N00°25'44"E, 37.79 feet parallel with and 30.00 feet from the northerly leg of the east right-of-way line of South Meridian Road to the POINT OF BEGINNING. The above-described easement contains 1.54 acres, more or less. Prepared from information of record. Page 1 of 1 LA rT �jgEOF�pP��� �ygFC S . �y a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 % 208-323-9336 1v www.jub.com Exhibit A-1.2 & A-2.2 24 19 NW Corner 25 30 Section 30 S89'3416E Sanitary Sewer Easement 70.00' d - Point of Beginning Temporary Construction Easement Point of Beginning �( Sanitary Sewer Easement .i � w z z � F- L7 --I 30' --- L6 _ W I� Ridenbough Canal r 0 so 100 SCALE IN FEET Line Table Line # Direction Length L4 S44°08'28"E 42.75' L5 S00'25'44"W 37.79' L6 S76°07'07"W 30.96' L7 N00`25'44"E 75.90' m Temporary Construction Easement LA"0 s R GAG I� � 1 4 L I Co s�� - l��o z £OF�OP��' 94.39' cyq£L S N86'01'49"W I �sr REUSEOFORAWING6 FILEg0t8116EASEMENT IBTs Meridian Black Cat Trunk THIS DOCUMENT MD ME IDEAS AND DESIGNS NCORPORATFD HEREIN, JUB PROD 4I0 -16-I16 � SHEET AS AN WBTRUI,ICNT OF PROFC851ONAL8ERVK:E, IS THE PROPCRTY OF /� J�UAUTHORIZATION OFJ-Ve ENGINEERS,Mc B ENGINEERS. kIC NiO IS NOT TORE USED.IN VRlIXE ORPART. DMWN BY:BY: TOI T4, ��.� City of Meridian FOR ANY OTHCR PROJECT I'IITHOVT TNL ETPRES6lVRITTCN DESIGN 1 of 1 CHECKED BY:MsO The NW 1/4 of Section 30, T3N., R.1 E., B.M., 1•U-6 ENGINEERS, INC. City of Meridian, Ada County, Idaho NO REVISION DESCRIPTgN LA BV R DATE ST UI DATEO: WYL2]IB Meridian City Council Meeting DATE: October 4. 2016 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approval of AIA A133, A133 Exhibit A & A201 Construction Management as General Contractor Agreements to Kreizenbeck Constructors for the "HOME COURT MOISTURE BARRIER REPAIR" project. The Not -To -Exceed Guaranteed Maximum Price for this project is $48,767 MEETING NOTES U -it, WORD Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS  Page 1 Memo To: C. Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Mike Barton Date: 9/29/2016 Re: October 4th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 4th City Council Consent Agenda for Council’s consideration. Approval of AIA A133, A133 Exhibit A & A201 Construction Management as General Contractor Agreements to Kreizenbeck Constructors for the “HOME COURT MOISTURE BARRIER REPAIR” project. The Not-To-Exceed Guaranteed Maximum Price for this project is $48,767. Recommended Council Action: Approval of AIA A133, A133 Exhibit A & A201 Construction Manager as General Contractor Agreement to Kreizenbeck Constructors for the Not-To-Exceed amount of $48,767.00. This process has previously been approved by Council and the agreement and has been reviewed by Legal. Thank you for your consideration. City of Meridian Purchasing Dept. 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 $48,767Mike Barton If yes, has policy been purchased? Kreizenbeck Constructors III. Contract TypeII. BUDGET INFORMATION (Project Manager to Complete) 1 5130 92020 10713.a TASK ORDERRFP / RFQBID VII. TASK ORDER SELECTION (Project Manager to Complete) Award based on Low Bid Highest Ranked Vendor Selected VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved I. PROJECT INFORMATION 4/1/2016 4/1/2017 N/A FY17 9/29/2016 PARKS HOME COURT INTERIOR MOISTURE BARRIER REPAIRS 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 Goodstanding76609/30/2017 1.1,AIA TM 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 The Owner's Designated Representative: (Name, address and other information) Mike Barton City of Meridian 33 East Broadway Avenue Meridian, Idaho 83642 The Construction Manager's Designated Representative: (Name, address and other information) Michael J. Berard 11724 West Executive Drive Boise, Idaho 83713 AIA Document A133TM — 2009 (formerly A121 TMCMc —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 A] A21 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 09:55:40 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1784772425) ADDITIONS AND DELETIONS: AGREEMENT made as of the Thirteenth day of September in the year Two Thousand The author of this document has Sixteen added information needed for its (In 1vo7 ds, indicate day, month and year.) completion. The author may also have revised the text of the original AIA standard form. An Additions and BETWEEN the Owner: Deletions Report that notes added (Name, legal status and address) information as well as revisions to the standard form text is available City of Meridian from the author and should be 33 East Broadway Avenue reviewed. A vertical line in the left Meridian, Idaho 83642 margin of this document indicates where the author has added and the Construction Manager: necessary information and where (Name, legal status and address) the author has added to or deleted from the original AIA text. Kreizenbeck, LLC dba Kreizenbeck Constructors This document has important legal 11724 West Executive Drive consequences. Consultation with an Boise, Idaho 83713 attorney is encouraged with respect to its completion or modification. for the following Project: (Name and address or location) AIA Document A201 TM -2007, General Conditions of the Contract City of Meridian - Homecourt YMCA Insulation Repairs for Construction, is adopted in this 936 West Taylor Street document by reference. Do not use Meridian, Idaho 83642 with other general conditions unless this document is modified. The Architect: (Name, legal status and address) Insight Architects, P.A. 2238 Broadway Avenue Boise, Idaho 83706 The Owner's Designated Representative: (Name, address and other information) Mike Barton City of Meridian 33 East Broadway Avenue Meridian, Idaho 83642 The Construction Manager's Designated Representative: (Name, address and other information) Michael J. Berard 11724 West Executive Drive Boise, Idaho 83713 AIA Document A133TM — 2009 (formerly A121 TMCMc —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 A] A21 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 09:55:40 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1784772425) Telephone Number: 208-336-9500 Fax Number: 208-336-7444 Mobile Number: 208-941-3199 Email Address: mberard@lreizenbeck.com The Architect's Designated Representative: (Name, address and other information) Dana Kauffman, AIA, LEED, AP Insight Architects, P.A. 2238 Broadway Avenue Boise, Idaho 83706 Telephone Number: 208-338-9080 dana@insightarchitects.com The Owner and Construction Manager agree as follows. AIA Document A133Tm —2009 (formerly A121TMCMC — 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' 2 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 09:55:40 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1784772425) 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 EXHIBIT A GUARANTEED MAXIMUM PRICE AMENDMENT 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 by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Construction Manager's 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; and to perform the Work in an expeditious and economical manner consistent with the Owner's interests. 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, 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, which document is incorporated herein by reference. The term "Contractor" as used in A201-2007 shall mean the Construction Manager. AIA Document A133Tm —2009 (formerly A121 TMCMC —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" 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 09:55:40 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1784772425) 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, 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 § 2.1.5 Preliminary Cost Estimates § 2.1.5.1 § 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 further development of the design until such time as the Owner and Construction Manager agree on a Guaranteed Maximum Price for the Work. Such estimates shall be provided for the Architect's review and the Owner's approval. The Construction Manager shall inform the Owner and Architect when estimates of the Cost of the Work exceed the latest approved Project budget and make recommendations for corrective action. § 2.1.6 Subcontractors and Suppliers 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 the Construction Manager shall thereafter accept responsibility for them. AIA Document A133TM — 2009 (formerly A121T"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° 4 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 09:55:40 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1784772425) § 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 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. AIA Document A133Tm — 2009 (formerly A121 TMCMc —2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. [nit. WARNING: This AIAO 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 will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:55:40 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1784772425) 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 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. § 2.3 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. § 2.3.2 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 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. The Owner shall then determine, with the advice of the Construction Manager, 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. § 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 party" according to Section 6.10, then the Construction Manager shall promptly notify the Owner in writing of such relationship and notify the Owner of the specific nature of the contemplated transaction, according to Section 6.10.2. § 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. AIA Document A133` — 2009 (formerly A121 TMCMc — 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. This document was produced by AIA software at 09:55:40 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1784772425) § 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. § 2.3.2.8 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. § 2.4 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 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. AIA Document A133Tm — 2009 (formerly A121 TMCMC — 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 AIA0 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. / This document was produced by AIA software at 09:55:40 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1784772425) § 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 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, Construction Manager as Constructor Edition. 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: (Insert amount of, or basis for, compensation and include a list of reimbursable cost items, as applicable.) Construction Manager's Preconstruction Fixed Fee will be $2,500.00 § 4.1.3 If the Preconstruction Phase services covered by this Agreement have not been completed within Two ( 2 ) 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. § 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. AIA Document A133Tm —2009 (formerly A121 TICMc — 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 AIM' 8 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 09:55:40 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1784772425) § 4.2.2 Payments are due and payable upon presentation of the Construction Manager's invoice. Amounts unpaid Twenty-one ( 21) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. (Insert rate of monthly or annual interest agreed upon.) Interest Rate = 0 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 sum, percentage of Cost of the Work or otherprovision for determining the Construction Manager's Fee) 5.25% Fee plus all Direct Costs and Reimbursables § 5.1.2 The method of adjustment of the Construction Manager's Fee for changes in the Work: 5.25% Fee plus all Direct Costs and Reimbursables § 5.1.3 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work: Limitations on Subcontractor's overhead and profit will be 15% § 5.1.4 Rental rates for Construction Manager -owned equipment shall not exceed One hundred percent ( 100.00 %) of the standard rate paid at the place of the Project. § 5.1.5 Unit prices, if any: (Idents and state the unit price; state the quantity limitations, if arty, to which the unit price will be applicable) Item Units and Limitations Price per Unit ($0.00) § 5.2 Guaranteed Maximum Price § 5.2.1 The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth in the Guaranteed 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 Manager is to participate in any savings.) As per the attached Guaranteed Maximum Price Amendment § 5.2.2 The Guaranteed Maximum Price is subject to additions and deductions by Change Order as provided in the Contract Documents and the Date of Substantial Completion shall be subject to adjustment as provided in the Contract Documents. § 5.3 Changes in the Work § 5.3.1 The Owner may, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions. The Owner shall issue such changes in writing. The 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 as a result of changes in the Work. AIA Document A133TI-2009 (formerly A121 TMCMC —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° 9 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 09:55:40 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1784772425) § 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. § 5.3.4 In calculating adjustments to the Guaranteed Maximum Price, the terms "cost" and "costs" as used in the above -referenced provisions of AIA Document A201-2007 shall mean the Cost of the Work as defined in Sections 6.1 to 6.7 of this Agreement and the term "fee" shall mean the Construction Manager's Fee as defined in Section 5.1 of this Agreement. § 5.3.5 If no specific provision is made in Section 5.1.2 for adjustment of the Construction Manager's Fee in the case of changes in the Work, or if the extent of such changes is such, in the aggregate, that application of the adjustment provisions of Section 5.1.2 will cause substantial inequity to the Owner or Construction Manager, the Construction 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 workshops. § 6.2.2 Wages or salaries of the Construction Manager's supervisory and administrative personnel when stationed at the site with the Owner's prior approval. (If it is intended that the wages or salaries of certain personnel stationed at the Construction Manager's principal or other offices shall be inchided in the Cost of the Work idents in Section 11. S, the personnel to be included whether for all or only part of their time, and the rates at which their time 1vill be charged to the Work) § 6.2.3 Wages and salaries of the Construction Manager's supervisory or administrative personnel engaged at factories, workshops or on the road, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. § 6.2.4 Costs paid or incurred by the Construction Manager for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Sections 6.2.1 through 6.2.3. § 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. AIA Document A133TM —2009 (formerly A121 TMCIVIc — 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' 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. t This document was produced by AIA software at 09:55:40 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1784772425) § 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. § 6.5.5 That portion of the reasonable expenses of the Construction Manager's supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. § 6.5.6 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner's prior approval. § 6.6 Miscellaneous Costs § 6.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. Self-insurance for either full or partial amounts of the coverages required by the Contract Documents, with the Owner's prior approval. § 6.6.2 Sales, use or similar taxes imposed by a governmental authority that are related to the Work and for which the 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 AIA Document A133TM — 2009 (formerly A121 TMCMc — 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 AIM 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 09:55:40 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1784772425) 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. § 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 AIA Document A133 TM — 2009 (formerly A121TmCMc — 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 AIA software at 09:55:40 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1784772425) 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. § 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 month, or as follows: § 7.1.3 Provided that an Application for Payment is received by the Owner 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 Twenty-fifth day of the same month. If an Application for Payment is received by the Owner after the application date fixed above, payment shall be made by the Owner not later than Thirty ( 30 ) days after the Owner 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 payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Construction Manager on account of the Cost AIA Document All 33TM— 2009 (formerly A121 TMCMC — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA11 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 AIA software at 09:55:40 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1784772425) 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: .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 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 Fee, less retainage of Five percent ( 5.00 %). 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 ( 5.00 %) 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. § 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. § 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 AIA Document A133TM — 2009 (formerly A121 TMCMc — 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° 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. This document was produced by AIA software at 09:55:40 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1784772425) 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 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. 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 bonding requirements, if any, and limits of liability for insurance required in Article 11 ofAL4 Docarnerrt A201-2007.) Type of insurance Worker's Compensation: a) State: Idaho Limit of liability Statutory AIA Document All 33TM-2009 (formerly A121TICIVIc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIAs Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA0 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. t This document was produced by AIA software at 09:55:40 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1784772425) b) Applicable Federal Statutory c) Employer's Liability $100,000 Per Accident $500,000 Disease, Policy Limit $100,000 Disease, Each Employee Comprehensive or Commercial General Liability: a) Bodily Injury and Property Damage: $1,000,000 Each Occurrence $2,000,000 Aggregate b) Products and Completed Operations: $2,000,000 Aggregate c) Property Damage Liability Insurance shall provide X, C, U Coverage Personal Injury: $1,000,000 Occurrence $2,000,000 Aggregate Business Automobile Liability (including: owned, non -owned and hired vehicles): a) Combined Single Limit: $1,000,000 Each Accident 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 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 For any Claim subject to, but not resolved by mediation pursuant to Section 15.3 of AIA Document A201-2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Construction Manager do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) [ X ] Litigation in a court of competent jurisdiction (Paragraphs deleted) § 9.3 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Section 15.2 of AIA 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 Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other 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. AIA Document A133T —2009 (formerly A121TmCMc — 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° 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 09:55:40 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1784772425) § 10.1.3 If the Owner terminates the Contract pursuant to Section 10.1.1 after the commencement of the Construction Phase but prior to the execution of the Guaranteed Maximum Price Amendment, the Owner shall pay to the 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 10.1.3.1. 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 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 been terminated, the Construction Manager will terminate the subcontract, purchase order or rental agreement and the Owner will pay the Construction Manager the costs necessarily incurred by the Construction Manager because of such termination. § 10.2 Termination Subsequent to Establishing Guaranteed Maximum Price Following execution of the Guaranteed Maximum Price Amendment and subject to the provisions of Section 10.2.1 and 10.2.2 below, the Contract may be terminated as provided in Article 14 of AIA Document A201-2007. § 10.2.1 If the Owner terminates the Contract after execution of the Guaranteed Maximum Price Amendment, the amount payable to the Construction Manager pursuant to Sections 14.2 and 14.4 of A201-2007 shall not exceed the amount the Construction Manager would otherwise have received pursuant to Sections 10. 1.2 and 10. 1.3 of this Agreement. § 10.2.2 If the Construction Manager terminates the Contract after execution of the Guaranteed Maximum Price Amendment, the amount payable to the Construction Manager under Section 14.1.3 of A201-2007 shall not exceed the amount the Construction Manager would otherwise have received under Sections 10. 1.2 and 10. 1.3 above, except that the Construction Manager's Fee shall be calculated as if the Work had been fully completed by the Construction Manager, 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. 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, 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. AIA Document A1331'" — 2009 (formerly A121 TMCMc —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 AIAO 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 software at 09:55:40 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1784772425) § 11.2 Ownership and Use of Documents Section 1.5 of A201-2007 shall apply to both the Preconstruction and Construction Phases. § 11.3 Governing Law Section 13.1 of A201-2007 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, neither parry 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: The hourly billing rates for services of the Construction Manager are as follows: Employee or Category Rate Superintendent $68.00 / Hour General Foreman $54.00 / Hour Project Engineer $82.00 / Hour 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 .2 AIA Document A201-2007, General Conditions of the Contract for Construction .3 AIA Document E20lTm-2007, Digital Data Protocol Exhibit, if completed, or the following: N/A .4 AIA Document E202TM-2008, Building Information Modeling Protocol Exhibit, if completed, or the following: N/A .5 Other documents: (List other documents, if any, forming part of the Agreement.) All Work to be performed per the attached Sketches (1-4). No other work is included. Note: No design work by Kreizenbeck Constructors of any kind is included or implied in this agreement. Exhibit A AIA Document All 33 TM —2009 (formerly A121 TMCMc —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 Al* 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. t This document was produced by AIA software at 09:55:40 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1784772425) Exhibit A reizenbeck Constructors - Reimbursable Expenses InClUded in Fee Reimbursable Expenses Office Personnel President x Vice President x Contract Administrator x Accountant x Administrative Assistant x Project Manager x Pre -Construction Coordination x Strategic Planning x Estimating x Scheduling x Bid Packaging & Bidding x Direct Feimbursabies Superintendent x Project Engineer x Assistant Superintendent / Foreman x Carpenter x General Liability Insurance x Professional Liability Insurance x Payment and Performance Bonds x Permits / Fees x Small Tools & Fasteners x Misc. General Conditions x Layout, Engineering & Surveying x Administrative - Printing Costs x Bid Expense (Inc. Printing) x Federal Express / Mailing x Temporary Power x Temporary Electricity x Temporary Lighting x Temporary Water x Temporary Toilet x Temporary Heat / Winter Conditions x Temporary Phone & Internet x Temporary Fire Protection x Safety x First Aid Supplies Ex Temporary Fencing / Barricades x Traffic Control x Security x NOI / SWPPP / Erosion Control x Project Sin x Job Office with Mob/De-mob) x Job Office Supplies x Final Clean-up x Progressive Clean-up x Trash Haul -Off x Close-out, Warranty, O&M Manuals x Commissioning x Other Reimbursabies per Contract x 11724 WEST EXECUTIVE DRIVE ® BOISE, IDAHO 83713 m 208.336.9500 208.336.7444 ICR No. RCE -764 Phone 208.338.9080 2238 Broadway Avenue Boise, Idaho 83706 fax 208.338.9067 ri rl � � . »,. .• � . :.. a a . • - w 2 » : -,• i w 3 fJZ - S .•v » a � - - > w � s w• 2 y. w «¢: � • d / « - k.nr anwHr mmn raar�pp ..ucr nw... tG09R 4pmu fN1-t[/ (Mq n1 1"" QM • ma -M %T[ - ►/1 SIM - F -I P -P-0 if" r—� noonvIV ass"x5m'PWwd stm ai 'KWaMq 'JS HOUYs A& M �� ��Eiz�s,3 eenoue=e,� eXus� LL Q� _; dv LL Q 7 4 is u 5$ 0 �g � ilL P 8 Fxi F^ 4 is u 5$ y t P 8 Fxi { Om t ! 1 TM ■ -4- Document A1 33 2009 Exhibit A AIA Guaranteed Maximum Price Amendment for the following PROJECT: (Name and address or location) City of Meridian - Homecourt YMCA Insulation Repairs 936 West Taylor Street Meridian, Idaho 83642 THE OWNER: (Name, legal status and address) City of Meridian 33 East Broadway Avenue Meridian, Idaho 83642 THE CONSTRUCTION MANAGER: (Name, legal status and address) Kreizenbeck, LLC dba Kreizenbeck Constructors 11724 West Executive Drive Boise, Idaho 83713 ARTICLE A.1 § A.1.1 Guaranteed Maximum Price Pursuant to Section 2.2.6 of the Agreement, the Owner and Construction Manager hereby amend the Agreement to establish a Guaranteed Maximum Price. As agreed by the Owner and Construction Manager, the Guaranteed Maximum Price is an amount that the Contract Sum shall not exceed. The Contract Sum consists of the Construction Manager's Fee plus the Cost of the Work, as that term is defined in Article 6 of this Agreement. § A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed Forty-eight Thousand Seven Hundred Sixty-seven Dollars and Zero Cents ($ 48,767.00 ), subject to additions and deductions by Change Order as provided in the Contract Documents. § A.1.1.2 Itemized Statement of the Guaranteed Maximum Price. Provided below is an itemized statement of the Guaranteed Maximum Price organized by trade categories, allowances, contingencies, alternates, the Construction Manager's Fee, and other items that comprise the Guaranteed Maximum Price. (Provide below or reference an attachment.) Construction Manager's Preconstruction Fixed Fee is $2,500.00 GMP Construction Price Proposal $46,267.00 Total Contract Value $48,767.00 Note — Existing toilets, dumpster and usage of (1) single person manlift provided by Owner at no cost to the Construction Manager. § A.1.1.3 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 TM -2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA Document A133TM — 2009 Exhibit A. Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Init. Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any 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 t produced by AIA software at 11:35:16 on 09/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1630564690) (State the numbers or other identification of accepted alternates. If the Contract Documents permit the Owner to accept other alternates subsequent to the execution of this Amendment, attach a schedule of such other alternates showing the amount for each and the date when the amount expires.) § A.1.1.4 Allowances included in the Guaranteed Maximum Price, if any: (Idents allowance and state exclusions, if any, from the allowance price.) Item None Price ($0.00) § A.1.1.5 Assumptions, if any, on which the Guaranteed Maximum Price is based: The only work included is the insulation of the roof purlins as per the attached sketches. § A.1.1.6 The Guaranteed Maximum Price is based upon the following Supplementary and other Conditions of the Contract: (Table deleted) All work to be performed per the attached Sketches — no other work is included. Note: No design work by Kreizenbeck Constructors of any kind is included or implied in this agreement. § A.1.1.7 The Guaranteed Maximum Price is based upon the following Specifications: (Either list the Specifications here, or refer to an exhibit attached to this Agreement.) All work to be performed per the attached Sketches — no other work is included. (Table deleted) Note: No design work by Kreizenbeck Constructors of any kind is included or implied in this agreement. § A.1.1.8 The Guaranteed Maximum Price is based upon the following Drawings: (Either list the Drawings here, or refer to an exhibit attached to this Agreement.) All work to be performed per the attached Sketches — no other work is included. Note: No design work by Kreizenbeck Constructors of any kind is included or implied in this agreement. (Table deleted) § A.1.1.9 The Guaranteed Maximum Price is based upon the following other documents and information: (List any other documents or information here, or refer to an exhibit attached to this Agreement.) All work to be performed per the attached Sketches —no other work is included. Note: No design work by Kreizenbeck Constructors of any kind is included or implied in this agreement. ARTICLE A.2 § A.2.1 The anticipated date of Substantial Completion established by this Amendment: November 4, 2016 Init. AIA Document A133TM - 2009 Exhibit A. Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA - Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 2 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:35:16 on 09/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1630564690) OWNER igna n-e) (Printed name and title) CON TRUCTION M; AGER (Signature) Michael J. Berard, Manager (P77nted name and title) Init. AIA Document A1331"-2009 Exhibit A. Copyright O 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale 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 t produced by AIA software at 11:35:16 on 09/20/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1630564690) d VOtI Lill rt,er n -J hcl �� y" . i i } c i i i ' s rid `iE l : .e i i i s i Phone 208.338.9080 2238 Broadway Avenue Boise, Idaho 83706 fax 208.338.9067 ri � � u m aaur�r mm. a.. jj Huioa [f0'➢Of aP�1 Nlf1i► (MC) a1 mm. ow- Sun "m %-Pg - ►!i MM • m mp.0 fit utm az 'tMGME I '13 RMLYs M WZ d}tjtoe,3 esnogezeM eXue jL 4m a. LL 7 � F J C <e �nao .<• i Na 0 R1 •i 3 U {■ 0 a Z a J X P VW _c ,0-,6Z N Q C; b 3� Z m J � 2 J mU -� _9 ��Finag=o m KITP u F= nQiFs f'<wmo ws��cvrnf m cOi Ng.1'z 4y mlr.�AIA TM i• - A 1 1I General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address) City of Meridian - Homecourt YMCA Insulation Repairs 936 West Taylor Street ADDITIONS AND DELETIONS: Meridian, Idaho 83642 The author of this document has added information needed for its THE OWNER: completion. The author may also (Name, legal status and address) have revised the text of the original City of Meridian AIA standard form. An Additions and Deletions Report that notes added 33 East Broadway Avenue information as well as revisions to Meridian, Idaho 83642 the standard form text is available from the author and should be THE ARCHITECT: reviewed. A vertical line in the left (Name, legal status and address) margin of this document indicates Insight Architects, P.A. where the author has added 2238 Broadway Avenue necessary information and where Boise, Idaho 83706 the author has added to or deleted from the original AIA 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 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 1 reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to t the maximum extent possible under the law. This document was produced by AIA software at 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1849914977) INDEX (Topics and numbers in bold are section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.4.2, 13.7, 14.1, 15.2 Addenda 1.1.1, 3.11 Additional Costs, Claims for 3.7.4, 3.7.5, 6.1.1, 7.3.7.5, 10.3, 15.1.4 Additional Inspections and Testing 9.4.2, 9.8.3, 12.2.1, 13.5 Additional Insured 11.1.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.5 Administration of the Contract 3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13 Allowances 3.8, 7.3.8 All-risk Insurance 11.3.1, 11.3.1.1 Applications for Payment 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7, 9. 10, 11.1.3 Approvals 2.1.1, 2.2.2, 2.4, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12. 10, 4.2.7, 9.3.2, 13.5.1 Arbitration 8.3.1, 11.3.10, 13.1, 15.3.2, 15.4 ARCHITECT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.4, 3.12.7, 4.1, 4.2, 5.2, 6.3, 7.1.2, 7.3.7, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4, 15.1.3, 15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9.4.2, 9.5.3, 9.6.4, 15.1.3, 15.2 Architect's Additional Services and Expenses 2.4, 11.3.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 Architect's Administration of the Contract 3.1.3, 4.2, 3.7.4, 15.2, 9.4.1, 9.5 Architect's Approvals 2.4, 3.1.3, 3.5, 3.10.2, 4.2.7 Architect's Authority to Reject Work 3.5, 4.2.6, 12.1.2, 12.2.1 Architect's Copyright 1.1.7, 1.5 Architect's Decisions 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.5.2, 15.2, 15.3 Architect's Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.5 Architect's Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.5.2 Architect's Interpretations 4.2.11, 4.2.12 Architect's Project Representative 4.2.10 Architect's Relationship with Contractor 1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.4.2, 13.5, 15.2 Architect's Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3.7 Architect's Representations 9.4.2, 9.5.1, 9.10.1 Architect's Site Visits 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 Asbestos 10.3.1 Attorneys' Fees 3.18.1, 9.10.2, 10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1, 5.2.1, 11.4.1 Binding Dispute Resolution 9.7,11.3.9,11.3.10,13.1,15.2.5,15.2.6.1,15.3.1, 15.3.2, 15.4.1 Boiler and Machinery Insurance 11.3.2 Bonds, Lien 7.3.7.4, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.7.4, 9.6.7, 9.10.3, 11.3.9, 11.4 AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 2 reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1849914977) 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, 9.10.3, 14.1.1.3, 14.2.4, 15.1.3 Certificates of Inspection, Testing or Approval 13.5.4 Certificates of Insurance 9.10.2, 11.1.3 Change Orders 1.1.1, 2.4, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.6, 7.3.9, 7.3. 10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2, 15.1.3 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 2.2.1, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3. 1. 1, 11.3.9 Claims, Definition of 15.1.1 CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4 Claims and Timely Assertion of Claims 15.4.1 Claims for Additional Cost 3.2.4, 3.7.4, 6.1.1, 7.3.9, 10.3.2, 15.1.4 Claims for Additional Time 3.2.4, 3.7.4, 6.1.1, 8.3.2, 10.3.2, 15.1.5 Concealed or Unknown Conditions, Claims for 3.7.4 Claims for Damages 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11. 1. 1, 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 Claims Subject to Arbitration 15.3.1, 15.4.1 Cleaning Up 3.15, 6.3 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.3.1, 11.3.6, 11.4.1, 15.1.4 Commencement of the Work, Definition of 8.1.2 Communications Facilitating Contract Administration 3.9.1, 4.2.4 Completion, Conditions Relating to 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, 9.10, 12.2, 13.7, 14.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 13.7 Compliance with Laws 1.6, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 10.2.2, 11. 1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14. 1. 1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 6.1.1, 6.1.4 Consent, Written 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.3.1, 13.2, 13.4.2, 15.4.4.2 Consolidation or Joinder 15.4.4 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1 Construction Schedules, Contractor's 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.3 Contract, Definition of 1.1.2 CONTRACT, 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 AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 3 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1849914977) CONTRACTOR 3 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, 4.2.3, 4.2.6, 10.2, 10.3, 11.1.1, 11.3.7,14.1, 14.2.1.1 Contractor's Liability Insurance 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.3.7, 12.1.2, 12.2.4 Contractor's Relationship with Subcontractors 1.2.2, 3.3.2, 3.18.1, 3.18.2, 5, 9.6.2, 9.6.7, 9.10.2, 11.3.1.2, 11.3.7, 11.3.8 Contractor's Relationship with the Architect 1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.5, 15.1.2, 15.2.1 Contractor's Representations 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor's Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor's Review of Contract Documents 3.2 Contractor's Right to Stop the Work 9.7 Contractor's Right to Terminate the Contract 14.1, 15.1.6 Contractor's Submittals 3.10, 3.11, 3.12.4, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3, 11.1.3, 11.4.2 Contractor's Superintendent 3.9, 10.2.6 Contractor's Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.5, 7.3.7, 8.2, 10, 12, 14, 15.1.3 Contractual Liability Insurance 11.1.1.8, 11.2 Coordination and Correlation 1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.2.5, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.3, 2.4, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.7 Costs 2.4, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.7, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.3, 12.1.2, 12.2.1, 12.2.4, 13.5, 14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 11.1.1, 11.3, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 11.3.1, 12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 Damages for Delay 6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 15.2, 6.3, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.5.2, 14.2.2, 14.2.4, 15.1, 15.2 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.3, 2.4, 3.5, 4.2.6, 6.2.5, 9.5.1, 9.5.2, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Definitions 1.1, 2.1.1, 3.1.1, 3.5, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 15.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1 Delays and Extensions of Time 3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.5, 15.2.5 Disputes 6.3, 7.3.9, 15.1, 15.2 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 3.11 Effective Date of Insurance 8.2.2, 11.1.2 Emergencies 10.4, 14.1.1.2, 15.1.4 Employees, Contractor's 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.1.1, 11.3.7, 14.1, 14.2. 1.1 AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 4 reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1849914977) 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 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 AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 6 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software at 09:43:22 on 09/28/2016 under Order No.2096809396_1 which expires on 01/17/2017, and is notfor resale. User Notes: (1849914977) 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, 15.4.1 Minor Changes in the Work 1. 1. 1, 3.12.8, 4.2.8, 7.1, 7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1. 1. 1, 1. 1.2, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2, 11.3.1 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.3, 2.4, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Notice 2.2.1, 2.3, 2.4, 3.2.4, 3.3.1, 3.7.2, 3.12.9, 5.2.1, 9.7, 9.10, 10.2.2, 11.1.3, 12.2.2.1, 13.3, 13.5.1, 13.5.2, 14.1, 14.2, 15.2.8, 15.4.1 Notice, Written 2.3,2.4,3.3.1,3.9.2,3.12.9,3.12.10, 5.2.1, 9.7, 9. 10, 10.2.2, 10.3, 11.1.3, 11.3.6, 12.2.2.1, 13.3, 14, 15.2.8, 15.4.1 Notice of Claims 3.7.4, 10.2.8, 15.1.2, 15.4 Notice of Testing and Inspections 13.5.1, 13.5.2 Observations, Contractor's 3.2, 3.7.4 Occupancy 2.2.2, 9.6.6, 9.8, 11.3.1.5 Orders, Written 1. 1. 1, 2.3, 3.9.2, 7, 8.2.2, 11.3.9, 12.1, 12.2.2.1, 13.5.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Information and Services Required of the 2.1.2, 2.2, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.3, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 Owner's Authority 1.5, 2.1.1, 2.3, 2.4, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.1.3, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.1.3, 11.3.3, 11.3.10, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 15.2.7 Owner's Financial Capability 2.2.1, 13.2.2, 14.1.1.4 Owner's Liability Insurance 11.2 Owner's Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner's Right to Carry Out the Work 2.4, 14.2.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the Work 2.3 Owner's Right to Suspend the Work 14.3 Owner's Right to Terminate the Contract 14.2 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.6, 1.1.7, 1.5, 2.2.5, 3.2.2, 3.11, 3.17, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9, 11.3.1.5 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9. 10. 1, 14.2.3, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2 Payment, Final 4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.4.1, 12.3, 13.7, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.7.4, 9.6.7, 9.10.3, 11.4 Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 PAYMENTS AND COMPLETION 9 AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American [nit. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 6 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 documentwas produced by AIA software at 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1849914977) 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, 9.10.3, 13.6, 14.2.3, 15.1.3 Project, Definition of 1.1.4 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.3 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9. 1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14, 15.2.8, 15.4 Rejection of Work 3.5, 4.2.6, 12.2.1 Releases and Waivers of Liens 9.10.2 Representations 3.2.1, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.8.2, 9.10.1 Representatives 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.1, 4.2.2, 4.2.10, 5. 1. 1, 5.1.2, 13.2.1 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5.1, 10 Retainage 9.3.1,9.6.2,9.8.5,9.9.1,9.10.2,9.10.3 Review of Contract Documents and Field Conditions by Contractor 3.2, 3.12.7, 6.1.3 Review of Contractor's Submittals by Owner and Architect 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1.1.2, 2.3, 2.4, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6. 1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, 13.4, 14, 15.4 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 15.4.1 Safety of Persons and Property 10.2, 10.4 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3, 10.1, 10.2, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Separate Contracts and Contractors 1. 1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.4.2, 9.10.1, 13.5 Site Visits, Architect's 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 Special Inspections and Testing 4.2.6, 12.2.1, 13.5 Specifications, Definition of 1.1.6 Specifications 1.1.1,1.1.6,1.2.2,1.5,3.11,3.12.10,3.17,4.2.14 Statute of Limitations 13.7, 15.4.1.1 Stopping the Work 2.3, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1 AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 7 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1849914977) 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, 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 WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices 7.3.3.2, 7.3.4 Use of Documents 1.1.1, 1.5, 2.2.5, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.4.2 Waiver of Claims by the Contractor 9.10.5, 13.4.2, 15.1.6 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.4.2, 14.2.4, 15.1.6 Waiver of Consequential Damages 14.2.4, 15.1.6 Waiver of Liens 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.3.7 Warranty 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2, 13.7 Weather Delays 15.1.5.2 Work, Definition of 1.1.3 Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.4.1, 13.2, 13.4.2, 15.4.4.2 Written Interpretations 4.2.11, 4.2.12 AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1849914977) Written Notice 2.3,2.4,3.3.1,3.9,3.12.9,3.12.10,5.2.1,8.2.2,9.7, 9.10, 10.2.2, 10.3, 11.1.3, 12.2.2, 12.2.4, 13.3, 14, 15.4.1 Written Orders 1.1.1, 2.3, 3.9, 7, 8.2.2, 12.1, 12.2, 13.5.2, 14.3.1, 15.1.2 AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 9 reproduction or distribution of this 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 law. This document was produced by AIA software at 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1849914977) 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. § 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 under the law. This document was produced by AIA software at 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes. (1849914977) § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.3 CAPITALIZATION Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architects. § 1.4 INTERPRETATION In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE § 1.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and other reserved rights, including copyrights. The Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect'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 or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. § 2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein. § 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 2.2.1 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 11 reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1849914977) 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 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. § 2.3 OWNER'S RIGHT TO STOP THE WORK If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. § 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Architect's additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR § 3.1 GENERAL § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means the Contractor or the Contractor's authorized representative. § 3.1.2 The 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. AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 12 reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1849914977) § 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor 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 Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. § 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner -required means, methods, techniques, sequences or procedures. § 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. § 3.4 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 AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 13 reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1849914977) facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections 3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 3.5 WARRANTY The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. 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, 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. § 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. § 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect determines that they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor in writing, stating the reasons. If either party disputes the Architect's determination or recommendation, that party may proceed as provided in Article 15. § 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Inst. Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 14 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1849914977) the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. § 3.8 ALLOWANCES § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents, .1 Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and .3 Whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor's costs under Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. § 3.9 SUPERINTENDENT § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. § 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the name and qualifications of a proposed superintendent. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to the proposed superintendent or (2) that the Architect requires additional time to review. Failure of the Architect to reply within the 14 day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably be withheld or delayed. § 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES § 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. § 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. AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 15 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1849914977) § 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. § 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES § 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. § 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3 Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. § 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. § 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 AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 16 reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1849914977) 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 lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.14 CUTTING AND PATCHING § 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition existing prior to the cutting, fitting and patching, unless otherwise required by the Contract Documents. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. § 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. § 3.16 ACCESS TO WORK The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. § 3.17 ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a 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. AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Inst. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 17 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1849914977) § 3.18 INDEMNIFICATION § 3.18.1 To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 4 ARCHITECT § 4.1 GENERAL § 4.1.1 The Owner shall retain an architect lawfully licensed to practice architecture or an entity lawfully practicing architecture in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. § 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. § 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a successor architect as to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. § 4.2 ADMINISTRATION OF THE CONTRACT § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner's representative during construction until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Section 3.3.1. § 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1849914977) § 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 with each other through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. § 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Architect has authority to 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 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 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 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 unlmown 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. § 4.2.10 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. § 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 4.2.12 Interpretations and decisions of the Architect will be consistent with the 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 intent expressed in the Contract Documents. AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 19 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1849914977) § 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. 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. § 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. § 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 increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.3 SUBCONTRACTUAL RELATIONS By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work, which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 20 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1849914977) 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. § 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 under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. § 6.2 MUTUAL RESPONSIBILITY § 6.2.1 The Contractor shall afford the Owner 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 AIA Document A201 TM —2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 21 reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1849914977) the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Contractor's delays, improperly 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 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 clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK § 7.1 GENERAL § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. § 7.1.2 A Change Order shall be based upon agreement among the Owner, 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. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. § 7.2 CHANGE ORDERS § 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 AIA Document A201 TM— 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 22 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1849914977) .4 As provided in Section 7.3.7. § 7.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the 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. AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 23 reproduction or distribution of this 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 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes. (1849914977) ARTICLE 8 TIME § 8.1 DEFINITIONS § 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 PROGRESS AND COMPLETION § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.3 DELAYS AND EXTENSIONS OF TIME § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner 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 form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 9.3 APPLICATIONS FOR PAYMENT § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract Documents. AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAm Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 24 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1849914977) § 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. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. § 9.4 CERTIFICATES FOR PAYMENT § 9.4.1 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 evaluation of the Work and the data comprising the Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the 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 onsite 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 a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 25 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1849914977) .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a separate contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.5.3 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Architect will reflect such payment on the next Certificate for Payment. § 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. § 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 seven days after the date established in the Contract Documents the amount certified by the Architect or awarded by binding AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 26 reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1849914977) 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. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 9.9 PARTIAL OCCUPANCY OR USE § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 27 reproduction or distribution of this AIAm 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 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1849914977) § 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 retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such 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 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 AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Inst. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 28 reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1849914977) .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. § 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. § 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 INJURY OR DAMAGE TO PERSON OR PROPERTY If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 HAZARDOUS MATERIALS § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. § 10.3.2 Upon receipt of the Contractor's written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and 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 TM — 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 29 reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1849914977) extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut -down, delay and start-up. § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for materials or substances required by the Contract Documents, except to the extent of the Contractor's fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of a material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner's fault or negligence. § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. § 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 AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 30 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1849914977) Work until the date of final payment and termination of any coverage required to be maintained after final payment, and, with respect to the Contractor's completed operations coverage, until the expiration of the period for correction of Work or for such other period for maintenance of completed operations coverage as specified in the Contract Documents. § 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment as required by Section 9.10.2 and thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section 11.1.2. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the Contractor with reasonable promptness. § 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include (1) the Owner, the Architect and the Architect's consultants as additional insureds for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's completed operations. § 11.2 OWNER'S LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. § 11.3 PROPERTY INSURANCE § 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract Modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, 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 in transit. AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1849914977) § 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 WAIVERS OF SUBROGATION The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub -subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub -subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontractors, sub -subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. § 11.3.8 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as 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. AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 32 reproduction or distribution of this AIA8 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 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1849914977) § 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined in accordance with the method of binding dispute resolution selected in the Agreement between the Owner and Contractor. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. § 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection is made, the dispute shall be resolved in the manner selected by the Owner and Contractor as the method of binding dispute resolution in the Agreement. If the Owner and Contractor have selected arbitration as the method of binding dispute resolution, the Owner as fiduciary shall make settlement with insurers or, in the case of a dispute over distribution of insurance proceeds, in accordance with the directions of the arbitrators. § 11.4 PERFORMANCE BOND AND PAYMENT BOND § 11.4.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. § 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 UNCOVERING OF WORK § 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such costs 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. § 12.2.2 AFTER SUBSTANTIAL COMPLETION § 12.2.2.1 In addition to the Contractor's obligations under Section 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 33 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1849914977) nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.4. § 12.2.2.2 The one-year period 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 one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. § 12.3 ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located except that, if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4. § 13.2 SUCCESSORS AND ASSIGNS § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. § 13.3 WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the firm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or sent by registered or certified mail or by courier service providing proof of delivery to, the last business address known to the party giving notice. § 13.4 RIGHTS AND REMEDIES § 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 34 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1849914977) § 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 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. § 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.6 INTEREST Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. § 13.7 TIME LIMITS ON CLAIMS The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the time period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and 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; AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 35 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 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1849914977) .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 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, costs incurred by reason of such termination, and damages. § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 TERMINATION BY THE OWNER FOR CAUSE § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 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. AIA Document A201 TM —2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 36 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1849914977) § 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. § 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. § 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE § 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. § 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. § 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE 15 CLAIMS AND DISPUTES § 15.1 CLAIMS § 15.1.1 DEFINITION A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. § 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. AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 37 reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1849914977) § 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. § 15.1.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 14. Nothing contained in this Section 15.1.6 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. § 15.2 INITIAL DECISION § 15.2.1 Claims, excluding those arising under Sections 10.3, 10.4, 11.3.9, and 11.3.10, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker's sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision 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 will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect, 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. § 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1. AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 38 reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1849914977) § 15.2.6.1 Either party may, within 30 days from the date of an initial decision, demand in writing that the other party file for mediation within 60 days of the initial decision. If such a demand is made and the party receiving the demand fails to file for mediation within the time required, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. § 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. § 15.2.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 15.3 MEDIATION § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.6 shall be subject to mediation as a condition precedent to binding dispute resolution. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 15.3.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 15.4 ARBITRATION § 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. § 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. § 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. § 15.4.4 CONSOLIDATION OR JOINDER § 15.4.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 39 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 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1849914977) permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 15.4.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 15.4.4.3 The Owner and Contractor grant to any person or entity made a parry to an arbitration conducted under this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Contractor under this Agreement. AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 40 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 09:43:22 on 09/28/2016 under Order No.2098809396_1 which expires on 01/17/2017, and is not for resale. User Notes: (1849914977) CTRAKiT Permits Violations Shopping Cart Contact Page 1 of 1 Ho@ | S.rupan A.cou Loglh E neMeusEnMe Forsor P.s.mrd Public Works Search t search Asain Download Resuits Phnrable view First Prev Details - License Number:007660 o Licenses Sea.ch TEde Lienses lnspections Elevators s incrprekton uliliarion ol rhis *bsire ndeles u.dcisr.idi.! end a@pran@ ol rh s sLi€menl 1-80G95t301,1, 1090 E Whl.noEr St, Suiie 150 MeadEn l0 $6,12 HOME I CONTACT [,4ichae J. Berard 007660 CONSTMGR ACTIVE [,4ICHAEL J, BERARD Fees $2 000 00 Regiltlalion *: Erpire: Tvpo: Sub-Type: Status: Gell: Pager: 007660 840/2016 9t30t2017 PUBLIC WORKS CONST MGR ACTIVE Mi€haelJ Berard (208) $e9500 (208) 33G7444 https ://web.dbs.idaho. gov/etrakit3/Custom,{daho PublicWorksSearchRslts.aspx 9129t2016 Next Last Meridian City Council Meeting DATE: October 4, 2016 ITEM NUMBER: 6P PROJECT NUMBER: ITEM TITLE: Approval of Task Order 10626.a to J -U -B Engineers, Inc. for the "Well 22 Water Treatment Facility" for a Not -To -Exceed amount of $243,700.00. MEETING NOTES 9 PHORD Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS TASK ORDER NO, 10626.a Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (OWNER) AND JUB ENGINEERS, INC (ENGINEER) This Task Order is made this day of October, 2016 and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City", and accepted by (JUB ENGINEERS, INC), hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 1d) between the above mentioned parties dated September 25, 2014. The Project Name for this Task Order 10626.a is as follows: CITY OF MERIDIAN WELL 22 WATER TREATMENT FACILITY PROJECT UNDERSTANDING The City of Meridian (City) domestic water system experiences water quality issues related to the precipitation of iron and manganese from groundwater resulting in brown water events, reduced chlorine residuals, extended system flushing, and customer complaints. The City conducted a pilot study in September 2011 to evaluate the feasibility of various water treatment options. The purpose of this project is to investigate feasible treatment options and implement the preferred water treatment technology at Well 22 located in Bear Creek Park east of Stoddard Road, approximately 2,200 feet south of Overland Road. The City intends to construct a filtration system for the approximately 2,000 gallon per minute (GPM) Well 22. The project will consist of: (1) Establishing iron and manganese removal criteria at Well 22. (2) Completing final design and preparing specifications for the procurement of an iron and manganese removal system from an equipment supplier using a competitive procurement process. (3) Completing final design and preparing a construction document package for City's use in obtaining bids for the construction and installation of the previously procured equipment. Task Order 10626A WELL 22 WATER TREATMENT FACILITY Page 1 of 15 JUB ENGINEERS, INC Maior Tasks J-U-B ENGINEERS, lnc. (J-U-B) will perform the following tasks on the iron and manganese removal project at Well 22: Task 1 - Project Management and Administration Task 2 - Pilot Test (scope provided - necessity to complete to be determined later) Task 3 - Entitlements (if necessary) Task 4 - lron and Manganese Removal Equipment Procurement Package Task 5 - Bidding Assistance - Equipment Procurement Task 6 - Survey and Mapping Task 7 - Preliminary Engineering Report Task 8 - Final Design for 90% and 100% Submittal Task 9 - Bidding Assistance - Construction of the Water Treatment Facility Task 10 - Programming and Startup Assistance Task 11 - Agenry Coordination, Meetings and Permitting OITUNER INFORMATIOiI. RESPONSIBILITIES and PROJECT ASSUTPTIONS Proiect Scoplng As3umption3 1. The City will provirle to J-U-B the following for Well 22: a. Updated water quality information for Well 22. b. Record drawings for Well 22, including the well construction log and he pump station. c. Pump curve and pump setting information for the well pump as cunently installed. d. Historical geotechnical reporE and/or drilling logs for the Well 22, as available. e. Site access for J-U-B to locate equipment and personnel at Well 22 to perform the pilot test. The City will also provide power (1 10 VAC) for injection equipment and lighting.f. SCADA l/O standards and guidance to J-U-B on the requirements of the instrumentation and controls and SCADA systems for the project. g. Standard City PLC specifications for incorporation into the project. 2. The City will provide the following during any bitJding or procurement process: a. All bidding and contrac{ documents including, but not limited to, advertisement for bids, bid forms, contactsi/agreements, condition of the contract, award, bonding and insurance requirements. b. lncorporate J-U-B's technical specifications and drawings into Bidding and Contract Documents using the City's contracting boiler plate to bid procurement of the treatment equipment. c. Provirle all administration to bid and procure the iron and manganese removal water treatment equipment. T88* frs. 10626A WELL 22 WATER TREATMENT FACILITY JUB ENGINEERS, INC P.eo 2 ot '15 d. lncorporate J-U-B'S technical specifications and drawings into Bidding and Contract Document using the City's contracting boiler plate to bid the construction and startup of the water treatment facility. e. The City will distribute the Bidding and Contrac't Documents for the construc'tion of the iron and manganese removal water treatment facility.f. Following a review of the bids received for the construction of the water treatment facility, the City will award and execute a contrac{ with the successful bidder. 3. The City will: a. Provide on4oing review of J-U-B'S work and timely consideration of design issues wilhin a time acceptable to the City and J-U-B. b. Pay for all permits and fees needed for the project. c. Provide project manager to serve as a liaison with other City departments and divisions to facilitate the project reviews and approval process. 4. J-U-B will: a. Submit invoices by email or hard copy (mail). b. Provide pilot testing equipment, chemical feed equipment, and fteld analytical equipment ior the pilot test period. Pilot testing will include greensand and pyrolusite. 5. Assumptions: a. The bidding of the iron and manganese removal water treafnent equipment will be open to adsorptive types of water treatment systems that meet specified performance requirements. b. The wastewater from the facility will be discharged to the existing sanitary sewer main in Bear Creek Park. There will be no bachrvash storage tank. lt is assumed that the existing sanitary sewer trunk has adequate capacity to receive and convey the process backwash water. This will be verified in Task 7 by JUB. c. Space is available on the existing lot for on-site stormwater disposal. d. lt is assumed that a fire suppression (sprinkler) system will be required. e. The existing electrical seNice to the site is capable of accepting the electrical loads associated with the demands for this new equipment, building, and associated appurtenances. An evaluation to verify this assumption is included in Task 7 (preliminary engineering report).f. A SWPPP plan will not be required. g. One meeting will be held between the City and J-U-B's electricaUinstrumentation/control subcpnsultant during design phase. h. The filter panel, programming and stiartup will be provlled by the menufaciurer. 6. Construclion Services a. Services during construction of the water treatment facility are not included in this Scope of Work. A separate scope of work and associated budget will be prepared afler the bidding of the construction of the water treatnent facility. Te.k Ordcr 'l @6A WEtl 22 WATER TREATiiEI{T FACIiTY JUB EI'GINEERS, ltlc Prgc 3 of 15 SCOPE OF K Fleld T6Ung Paramet l Fllouency Manganese 60 minutes lron, Totel 60 minutes Ammonia Twice Daily Hydrogen Sulfide Oaily Chlorine Solution Stength Oaily or more fr€quenty if necessary Alkalinity Daily pH 60 minutes or continuous Free Chlorine Residual 60 minutes or continuous Source water Chlorine Demand Daily J-U-B will coordinate with the Cig to determine desired free chlorine reskJual after filter and monitor dosing to achieve it to the extont possible. J-U-B will assist the City in conduc{ing a traste test of the water prcduced during various pilot test setups. T.C( OfdoT 1 O.EA6A WELL 22 WATER TREATMEI{I FACILTY JUA ENGINEERS, INC Pro. 4 ol 15 Task 1: Project Management and Administration JUB will provide the overall project planning, management, scheduling, coordination of efforts and the day-to-day administrative tasks required for this Task Order. Progress ReporE The project is assumed to require twelve months for the water treatnent equipment procurement and design of the water treafnent facility. J-U-B will prepare written monthly progress reports. The reports will include the following items: . A written description of the progress of the work accomplished to date. . A summary of project issues and @noems that need to be resolved. o A summary of changes in contract amount or time (if applicable). o Monthly invoices for work completed. Deliverables for lhis Task o Monthly progress reports and detailed invoices TASK 2: Pilot Test J-U-B will perform a pilot test at Well22lor up to foul (4) days for each media to determine the recommended conditions for iron and manganese removal. Scope of Work and/or task order cost revisions may be required at that time. Media to be tested are: o Pyrolusite. Greensand The pilot test will consist of testing for each media at varying loading rates to establish filter performance criteria. FieH tests on the raw water and filter efiluent are expecied to include the following: Report Data produced from the pilot testing will be analyzed to determine the efficacy and efiicienry of the tested filter media for iron and manganese removal at varying loading rates. The analysis will also estimate required chlorine dose. J-U-B will prepare a draft Well 22 Pilol Study Report containing the results of the pilot test and analysis. The report will include an evaluation of the tested media and treatment processes for full scale use at Well 22 and wrll serye as a basis of design. Afier meeting with the City to review the draft report, J-U-B will prepare a final Well 22 Pilol Study Report incorporating pertinent revisions. Although not required by IDEA, the final report will be provided to IDEQ as an attachment to the Preliminary Engineering Repod (Iask 7). Deliverables for this Task . Draft and final Well 22Ptol Study Report TASK 3: Entitlements & Public lnvolvement J-U-B will assist the City in obtaining a certificate of zoning compliance. lf the prefened layout of new facilities does not meet setback or other dimensional requirements, J-U-B will assist the City in obtaining a variance. J-U-B will specifically provide the following: . Certificate of Zoning Compliance - J-U-B will prepare submittal package per Planning Department requirements for obtaining a certificate of zoning compliance.r Public lnvolvement - if authorized by the City, J-U-B will provide public involvement services that may include mailers, door hangers, or limited door-to-door visits.r Variance Application - lf required by the final design layout, J-U-B will prepare a variance application for submittal to the City of Meridian Community and Development Services (CDS). This will include one (1) pre-application meeting with the City CDS stafi. A not-to-exceed amount of $4,800 is included in the overall compensation amount of Task 3 for this item. TASK 4: lron and Manganese Removal Equipment Procurement Package J-U-B will prepare technical specifications to solicit bids for water treatment equipment for the Well 22 treatnent project through a competitive procurement process. J-U-B will prepare draft performance specifications for the prefened equipment and review it with the City in a Workshop. lt is anticipated that the specifications will likely include: . A range of expected well water quality.o The results of the Well 22 pilot testing.. Well production and pressure information.. Equipment performance requirements for removal of iron and manganese and other pertinent parameters.. Requirements for identifying and defining treatment system operational and maintenance costs.o Limitations on backwash flow and volume that are allowed. Talt Odqr 106264 WELL 22 WATER TREATIIENT FACILITY JUB EiIGINEERS, INC P.ge 5 qt 15 . Requirements for a guaranty of treatrnent performance. o Penahies for not meeting the treatment guaranty. . Requirements for submittals, training, startup, and operations and maintenance manuals. Deliverables for this Tagk . Draft and final technical performance specification for treatment equipment in electronic (PDF & word) format. Task 5: Equipment Procurement Assistance J-U-B will assist the City during the procurenrent process of the water treatment equipment in responding to tectnical questions from prospective bidders. J-U-B will assist the City's evaluation and selection of the proposed treatment equipment following the receipt of bids through the competitive bidding process. lt is anticipated that the technical information to evaluate will likely include: o Bidders'qualificationso General product information. General layout drawings. Product performance information. Treatment system operational and maintenance costs. Example project installations. References The City will administer the equipment procurement process' J-U-B will assist the City in responding to technical questions that the City is unable to answer through the review of the Contract Documents. A not-to-exceed amount of $3,900, based on an aggregate total of approximately thirty (30) hours, is listed for this task in the compensation schedule. DoliYerable3 for thic Task o Written responses to technical questions. r Technical evaluation of treafnent equipment submittals and @nculrence of City's recommendation of award of procurement contract. Task 6: Suruey and Mapping J-U-B will provide topographical survey and prepare base mapping for the design of the water treatment facility at the existing well site and for the drain line outfall alignment to existing sanitary sewer hunk. It is anticipated that the effort will include: o Research and Utility Request: Research available land monuments, plats, records of survey, right-of-ways, and recorded easements on the project site. Contact utility companies prior to survey via Dig-line to request field locations of utilities and available utility mapping. Utilities will be shown to the extent they are visible in the Prg. 6 ot 15TaEk Order 106264 WELL 22 WATER TREATMENT FACILITY JUB ENGINEERS, INC a a a a fi€H, or located by the utility or Owner. lt is assumed that the City will povide Title Reports ior all properties that will be encroached upon by the proposed project. Suruey Control: Establish survey control at the site and along the outf;all line alignment using: horizontral cooldinate system, i.lAD 1983 translated to the Ada County G.l.S. system, and vertical control based on l,lAVD 1988. Rightof-ways (ROWs) will be $tablished and shown on the base map using Ada Coun$ G.l.S. data. Any land monuments will be located and shorrn where fuund from visual observalions during the freld survey. Well lot lines will be developed frorn field measurements and recorded plat information. TBM's: Establish temporary construction benchmarks Cf.B.M.'s) at tro locations on the well lot. Topographic Survey: Complete topographic survey as previously described herein. For the purposes of this scope and fue propeal, it is assumed that survey will include existing observable features such as building @mers, sidewalks, bnces, edge of roadways, power poles, and utility boxes, found property pins, and structures' Existing utilities shall be located to the extent that they are visibly marked by the utility companies. Base Mapping: Prepare topographic mapping in Civil 3D 2015 at a 1' = 20' scale, 11\17'. Topographic batures will be depic{ed using accepted J-U-B standard symbols. Topographic feafures will be shonn on lhe design plsns to the extent that they are found or fieH located by the utility companies, such as bnces, utility poles, surfacing, utilities, edge of pavement, face of curb, sidelYalks, striped roadway centerline, guad rails, signal poles, signs, mail boxes, face of retaining walls, telephone risers, larye trees, and include monuments of record and physical survey of monuments and property pins that are found. Provide locations (X & Y coordinates) and elevation of local temporary benchmarts to be used on Project. Properff lines will be shown based on Ada County G.l.S. mapping. Contours at one- half foot (1/2') intervals will be generated. Roadway will be croes-sectioned at 50' inteilals on centerline, edge of pavement, gutter, top of curb and natural ground near ROW. Deliverables fior this Task o Base mapping pdf with O.S-loot @ntours intervals of the project site, including the drain line outfall to the existing sanitary sewer. Task 7: Preliminary Engineering Report J-U-B will prepare a preliminary engineering report (PER) for the facility in compliance with IDEQ rules IDAPA 58.01.08, Section 503. A conceptual design based on the City-selected equipment in Task 3 will be developed in a workshop approach with the City. The single workshop will address: o Building and equipment layout and equipment selection. New adjacent building versus building expansion. Site layout. 30% design drawings:o Title Sheet T8!k Ordc|106264 wEtl22 WATER TREATMENT FACIUTY JUB ENGINEERS. INC Pega 7 o{ 15 o Site Civil Plano Design Criteriao P&lDo Building Layout & Concept Floor Plano Building Elevations. Verification of capacity in adjacent sanitary sewer to receive backwash. Operation and maintenance considerations. An evaluation of the existing electrical service to the site to determine capability of existing service and transformer to accept the electrical loads associated with the demands for the planned new equipment, building, and associated appurtenances.r Electrical standby power evaluation The results of the workshop will be developed into a PER for City and IDEQ approval. The PER will identify design criteria, site constraints, code requirements, permifting and entitlement requirements, a list of equipment to be provided in the facility along with their electrical requirements, and a description of the operation, maintenance, and control of the facility. A geotechnical report for use in footing/foundation and potential stormwater facility design will be completed and included in the PER. Geotechnical field work will include two borings to a maximum depth of 20 feet at the site and installation of one groundwater observation well. A general building and equipment layout plan will be included. A conceptual level cost estimate will also be provided in the PER. Six (6) copies of the PER will be submitted to the City for initial review. Following the City's review, the report will be updated and provided to the City for submission to the IDEQ as the Preliminary Engineering Report for approval. J-U-B will incorporate applicable IDEQ comments and publish a final PER to IDEQ and the City. Deliverables for thig Task r Draft PER for City Review. Final Draft PER for IDEQ Reviewo Final PER for City and IDEQ Approval T8!k Od€r t0626A WELL 22 WATER TREATMEMI FACILTTY JUB ENGINEERS, INC Psgo I of 15 Task 8: Design (50%, 90% and l00o/o Submittals) J-U-B will prepare civil, mechanical, elec{rical, architec{ural and structural design and prepare plans and specifications for the construction of a treatment facility for iron and manganese removal at Well 22- The facilities included in the design will be as described in the PER from Task 7, Major design elements will include the following: '1. lron and manganese removal equipment including filters, media, backwash cpntroller, backwash flow meter, backwash flow control, pressure relief valve, piping, and other related appurtenances. 2. Electrical power and controls for the new treatment and building equipment. 3. Lighting, heating, and ventilation for the new building. JUB will consult with ldaho Power Company (lPCo) contacts to determine best energy efficienry praclices to be used ,or the facility, what opportunities exist for incentives or rebales from lPCo, and whether the incentives or rebates are worth pursuing. Best practices for energy efiiciency will be followed regardless of incentives. On-site yard piping improvements needed for the new treatment equipment. 4, Drain line to the existing sanitary sewer main. Drawings and specifications will be submitted to the City for review and approval at 50%, 90% and 1007o bid-ready completion, Up to six (6) hard copies of the 507o and 90% submittals will be provided to the City, and six (6) sets of the 100o/o submittal, plus an electronic copy of the 100% submittal, will be provided to the Crty. The City will submit final drawings and specifications to the IDEQ for review and approval. An engineer's opinion of probable construction cost will be updated and submitted with the 90% documents. The City may require up to five days for review of the 90% submittal and the State will require up to 30 days for review of the 1fi)o6 submittal. Subtask 8.1:50o/o Desion J-U-B will develop preliminary design plans based on the approved PER. The preliminary design plans will include a site plan, building floor plan, piping and equiprnent plan, building elevations, and preliminary electrical and control plan. The 50% design package will include preliminary technical specifications (not including architectural, mechanical or elec{rical) and a preliminary Opinion of Probable Construction Cost. ProvirJe 50% plans to City for iniUal revierv. Eleliverablec: . 50o/o Complete preliminary design Plans, six (6) copies at scale TBD to City. o Preliminary Opinion of Probable Construc'tion Cost. Subtagk 8.2: 90% Aqencv Review Derion. Plans and Soecificationg J-U-B will finalize design of structures, equipment, major plant piping, process, site plan to allow final detailing of the same during the 1000,6 design activities. Specific activities, and work products from 9070 design including the following: ProJect tanagement o Conduct constructability review. Conduct operability review. Update enginee/s opinion of probable construction costo Coordination with treatnent equipment vendor Civil . Finalize building and major site element horizontal locations.o Finalize floor/control levels and finished grades.. Define contracitor staging, storage, and ofi-site access conkJors.o Prepare site grading, drainage, landscape and Temporary Erosion Sediment Control planso Prepare yard piping and drain layouts. Tsrk fficr I 0626A VT ELL 22 WATER TREATMETT FACILrY JUB ENGINEERS. INC P.gc I of 15 . Prepare access road revisions to building.o Preparetechnical specifications.. Senior staff will complete an intemal QC review.. Erosion and sediment conkol plan, if required by the City. Architectural . Finalize building floor plan and elevations for building.o Finalize the structural design concepts for the building.. Review applicable codes for the building wilh City Building, Plumbing, and Eleclrical Ofiicials and the Fire Marshal. Complete building and fire code analysis. o Preparetechnicalspecifications.. Senior stiaff will complete an intemal QC review. Structura! o Complete structural design for new building and selection of materials of constuction.. Prepare framing plan for building.. Prepare final floor plan for building.o Preparetechnicalspecifications.r Senior stiaff will complete an internal QC review. Procesc r Final major equipment sizing calculations.. Coordinate with instrumentation and control system (l&CS) on completion of P&lD's. o Senior staff will complete an internal QC review. Mechanical o Calculate the hydraulic profile for all major gravity prooess pipelines and hydraulic struc{ures. Establish maximum and minimum water surface elevations for all process tanks.r Coordinate with architectural and structural team on preparation of building layout. Complete fire sprinkler design.. Assemble catalog cuts for all major process equipment. Complete equipment data sheets or equipment list on all major equipment items.. Coordinate with l&CS in the finalization of P&lD's.o Finalize ancillary equipment sizing and line sizing calculalions (chemical storage, feed and delivery systems, etc.).o Final equipment selec'tion (type, size, weight, and anangement).o Finalize selec'tion of piping materials.. Preparetechnical specifications.. Senior staff will complete an intemal QC review. HVAG/PIumbing . Energy compliance documents for the mechanical systems.. Prepare mechanical specifications as required. T..& Odrr 10626A WELL 22 WATER TREATTIENT FACIUTY JUB ENGINEERS. INC P.ga 10 ot 15 . HVAC load calculations and sizing of new HVAC systems as required. . Ductwork sizing and layout.o Assist in obtaining approval of mechanical/plumbing documents from reviewing agencies.r Subconsultant will coordinate with J-U-B and other subcrnsultants on applicable items for City's SCADA integration.. Subconsultant will assist J-U-B in obtaining approval of mechanical documents from reviewing agencies. lnstrumontation and Control o Design to upgrade control system to cunent City standard.o Develop P&lD.o Develop design package to replace the existing control panel and reconnecl existing instrumentation to the new control panel. o Develop control panel drawings suitable for UL construction.. Prepare instrumentation and control specifications as reguired.. Subconsultant will coordinate with J-U-B and other subconsultants on applicable items.r Subconsultant will assist J-U-B in obtaining approval of instrumentation and control documents from reviewing agencies. Electrical o Service load and standby porver calculations.. Site lighting.. lnterior lighting.o Power disbibution.. Energy compliance documents for lighting systems.o Prepare electrical specifications.o SubconsuJtant will coordinate with J-U-B and other subconsuttants on applicable items.o Subconsultant will assistJ-U-B in obtaining approval of electrical documents from reviewing agencies. Assot Management lncorporation The new components will be identified and labeled on the plans per the nomenclature standards identified in the CITY's Asset Management poliry. AsseB involved will include pumps, valves, flowmelers, mechanical and electrical components, and other equipment as identified by the CITY. An inventory shall be prepared in a table and included with the technical specifications for use and implementation of tagging by the contractor. Quality Control J-U-B and subconsultants will perform quality control (QC) reviews of by a senior engineer to provide an independent review of the 90% design prior to submittal to City. T98K Old6r 10626A WELL 22 WATER TREATMENT FACILTTY JUB ENGINEERS, INC P8ga 1l ot 15 90% D$ign Workshop J-U-B will conduct a design workshop to review the work products with the City's personnel and other key project staff. Workshop minutes, including the City's comments will be prepared and distributed to attendees. J-U-B will implement City and agency review comments fron the 90% review as waranted. Completion of the final design will include plans, technical specifications, bid schedule and the Enginee/s Opinion of Probable Construction Cost. These items will be submitted to the City for bidding purposes. Deliverableg: o 90% complete design plans, specifications, and special provisions, six (6) copies at scale TBD to City. . Opinion of Probable Conshuction Cost. Subtssk 8.3: 100% Gontract Document PreDaration JUB will complete final technical contract drawings and specfications for competitive bidding. Key activities during this phase will include: Design Management . Conduct final reviews and incorporate 90% design review commenb. Contract Document Completion . Prepare final construction drawings.. Prepare final technical specifications.o Prepare final calculations.. Complete final checking and coordination review, agency permitting compliance reviews. lncorporation of Final Review Commentg J-U-B will modify the contract documenb to reflect all agreed upon 90% review comments from the City, IDEO, ACHD and J-U-B's quality control review. The final documents will then be provided to the City for submission to the IDEQ for review and approval. These plans will be incorporated into the building permit package in Task't0. Deliverables: o 100o/o complete bid-ready phns, specifications, and special provisions, six (6) copies at scale TBD to City. o Bid Schedule. . Opinion of Probable Construclion Cost. TsC( frer 1 626A WELL 22 WATER TREATMENT FAOUTY JUB ENGINEERS, INC P.gc 12 of 15 Task 9: Bidding Asslstance - Water Treatment Facility J-U-B will assist the City during the bidding process for the construction of the new water treatment facility in responding to technical questions from prospective bidders. The City will facilitate the bidding process. J-U-B will assist the City in responding to technical questions that the City is unable to answer through review of the Contract Documents for City's use in preparation of addenda. A total not-to-exceed amount of $7,800, based on an aggregate of approximately sixty (60) hours, including subconsuftanb, is listed in the Compensation Schedule contained herein. Deliverables for this Task o Written responses to technical questions submitted during the bidding Task 10: Programming and Startup Assistance J-U-B will, via their subconsultant, assist the City with programming and staltup services. These services are: Well22o Program the PLC and HMI to meet current City requirements; o Verlfy all l/O points are connected and configured properly; o Functional test of the control system to ensure proper operation;o Coordinate well operation with filter operation. a a SCADA Water Mastero Configure communications to the Well 22 site; o Add additional displays to the Wonderuvare application to display filter status; o Add additional tags as required to trend fiher operation; o Add filter alarms to existing alarm softrare;o Functional test of all remote control and alarm notifications. Task 1l: Agency Coordination and Permitting J-U-B will assist the City with agency approval process. J-U-B will submit the plans, on behalf of the City, specifically limited to the following:. DEQ Plan Approval. Complete the DEQ Checklist and submit copies of the design for review. J-U-B will make required changes to the plans and specifications based on their revianv.o Ada County Highway District Plan Approval. Submit copies of the design to ACHD for review and approval.. Crty of Meridian Building Permit. Complete the Building Permit application and submit copies of the design for review. J-U-B will meet with the Building Department to discuss their review of the plans, if necessary. RequiEd comments will be integrated into the plans and resubmitted for review and approval. This process is Trd( Odrl10626A WELL 22 WATER TREATMEI{I FACILrY JUB EIiGINEERS, INC P.gc 13 of 15 estimated to take one (1) month. This excludes revisions that require modification to the base design. City of Meridian Parks and Recreation Departnent. Coordinate with the Parks and Recreation (P & R) Deparlment on building siting and architectural trcatnents. Three meetings are anticipated with P & R staft one prior to design initiation, one upon completion of the PER, and one prior to 90% design completion. TIME OF COMPLETION and COMPENSATION SCHEDULE The following schedule is based on a Notice to Proceed (NTP) from the City on or about October 1, 2016 and resulting in Final Design being completed by November 2017. A NTP issued on a difierent date will change the schedule accordingly. COMPENSATION AND COMPLETION SCHEDULE Ta!k Descrlptlon Due Dato Compematlon 1 Project Managoment and Administration Ongoing throughout poect $12,500 Pilot Test 56 days after NTP br this task $23,200 3 Entitements & Public lnvolvement (if n€cesgary) Ongoing hroughout projecl $4,800 1 lron and Manganese Rorrcval Equipm€nt Procursment Package 45 days after NTP br thb task $7,000 5 Buding Assistance - Equipment ProcuGment Dspendent on City's Scheduling $3,900 3 Survey and Mapping 30 afier NTP for his task $2,700 7 Preliminary Engineering Report 60 days after NTP br this task w,200 6 Final Design for 90% and 100oA Submittal 90 days atur NTP br this task $119,500 0 Bidding Assisbnoe - Construction of th6 Water Treatrnent Facility Dependent on City's Schedulinq $7,800 Programming and Startup Dependent on City's & Contracto/s Scheduling $8,700 11 Agency Coordination, Meetings and Permitino Ongoing th.ough Tesk 7 thouqh I $9,400 TASK ORDER TOTAL '2/l3,7OO T.!k Od.r 106264 WEI.I22 WAIER TREATMENT FACILITY JUB ENGINEERS, IT{C Construction Phase Services Services during construction of the water treatment facility are not included in this scope of work. J-U-B will submil a separate scope and budget for these services prior to the start of construction ac{ivities. 2 t0 P{o 14 of 15 The Not -To -Exceed amount to complete all services listed above for this Task Order No. JUB10626.a is Two hundred forty three thousand seven hundred dollars ($243,700.00). No compensation will be paid over the Not -to -Exceed amount without prior written approval by the City in the form of a Change Order. The hourly rates for services and direct expenses are per the Master Agreement (by this reference made a part hereof) and will be the basis for any additions and/or deletions in services rendered. Travel and meals are excluded from this Task Order unless explicitly listed in the Scope of Services AND Payment Schedule, CITY OF MERIDIAN JUB ENGINEE S, INC BY: BY: -a TAMMY MAYOR BRIAN SMITH, P. . Dated: 10 / (/ �(J [ Dated: 2(P SP-P'r'Ff4 M 2O t So AUGUST' Approved by Council: s city of �E IDIA14 Attest: / IDAHO s SEAL C. JAY WILES, Purchasing Approval =STEWART, BY: �� - KEITH WATTS, Purchasing Manager ty Engineer Dated: 9' - Z-? — 16 City Project Manager: Kyle Radek .' 7/ `27� Task Order 1062eA WELL 22 WATER TREATMENT FACILITY Page 15 of 15 JUB ENGINEERS, INC IDSOS Viewing Business Entity Page 1 of 3 IDAHO SECRETARY OF STATE Viewing Buslness Entity Lawerence Denney, Sec'etary ol State I New Search ] [ Back to Summarv ] I Get a certificate of existence for J-U-B ENGINEERS. INC. ] I Monitor ]-U-B ENGINEERS. INC. business filinos l l-u-B ENGTNEERS, rNC. 250 S BEECHWOOD AVE STE 201 BOISE, ID 83709 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING 21 Mar 1969 State of Origin: IDAHO Date of 21 Mar 1969 Origination/Authorization: Current Registered Agent: PAUL D. FISK 250 S BEECHWOOD AVE STE 201 BOISE, ID 83709 Organizational ID / Filing C40668 N umber: Number of Authorized Stock 100000 shares: Date of Last Annual Report: 22 )an 2016 Annual Report Duet Mar 2077 Original Filing: I Helo Me Print/View TIFF ] Filed 21 Mar 1969 INCORPORATION View Imaoe (PDF format) view Irnaoe (nf f formatt Amendments: I HelD Me Print/View TIFF ] PDF for ViewAmendment Filed 05 ,un L973 Amendment Filed 23 APr 1975 Amendment Filed 07 Jun L979 Amendment Filed O2 Sep 19aO STOCK CHANGE STOCK CHANGE OTHER. APPT OF RA OTHER - CHG OF RA - ARLIN BROSKE, BOISE ARTICLES RESTATEM ENT STOCK CHANGE e TlFF Amendment Filed 08 Dec 1980 Amendment Filed 08 Dec 1980 Annual Reports: View Imaqe ( PDF format) Imaoe (TI FF format ) View Imaoe (PDF format) View Imaoe (TIFF format) View I maoe (PDF for mat') View I aoe (TIFF for mat) https ://www.accessidaho.org/public/sos/corp/C40668. html 9129/2016 Iil t t View Imaoe (PDF format) View Imaoe (TIFF format) View Imaoe ( PDF format) View Imaoe (TIFF format) 9t2912016 2:O5 PM Personnel Costs Fund# Dept.f G/L#Proj.#Total 60 3490 41200 10626 Wages 50 3490 41206 PT/SeasonalWaBes 60 3490 41210 3490 41304 60 3490 42021 s 3490 42022 10626 PERSI s 60 3490 42023 10626 Worker's comp s 3490 42025 10626 Employee lnsurance s TotalPersonnel Costs $ Operating Expenditures Fund# Dept.# C/Ld City of Meridian FY2017 Budget Enhancement Form (E-100) Full Time Equivalent (FTE) G/Ld Description E IDIAN Enhancement Details Well 22 Water T.eatment Department Name: Public works Presenting Department Name: Public Works Department { Primary Funding Source Priority* ctP# Project i 3490 60 Proj.#G/L# Description One-Time On-Going Total 11 60 3490 10626 5 60 5 60 3490 10626 s 60 3490 10626 s 60 3490 10626 s 50 3490 10525 5 60 3490 10626 s 60 3490 10626 5 50 3490 10626 s 60 3490 10626 5 60 3490 10626 5 60 3490 10626 s 50 3490 10526 s 60 3490 10626 s Total Operating Expenditures S s Capital Outlay Fund# Dept.f G/L#Proj.f G/Lf Description Total 3490 96133 'to626 Well 22 Water Treatment S 8oo,ooo 60 3490 10626 60 3490 10626 60 3490 10626 60 10626 Total Capital Outlay S 80o,00o Total Enhancement Cost - Lifetime Prior Year(s) Fiscal Year Fiscal Year Funding 2077 2018 7279 10626 s Fiscal Year 2019 FiscalYear 2020 FiscalYear 2021 Revenue S Total Personnel Costs S Total Operating Expenditures S Total Capital Outlay S 800,000 Total Enhancement Request $ 800,000 Department Name Public Works Well 22 Water Treatment Operating Capital Total s s s s s s 800,000 800,000 5 5 800,000 S 800,000 S s s Title Total Estimatcd Project Cost: $ 1,600,000 Cily of Meridian FY2017 Budget Enhancement Form (E,100)F:\BUDGET\FY2o17\WaleiFY2o17 Budget Enhancemenl Form_Water_#11_well 22 water Treatment Pleose only cofiplete the Ilelds highllghted ln Aqua. Title: IDAHO 60 60 60 -tubtb tuventme 10526 ltiniformAllowancP 10626 IF|CA t 10616 3490 10626 I r------ ------tI 60 3490 9/29/2016 2:05 PM Evaluation Questions Please answer all Evaluation Questions using the financial data referenced above City of Meridian FY2017 Budget Enhancement Form (E-100) Titlel Depa.tment Name:Public works Well 22 Water Treatment 1. Describe what is being requested and why. lf the req uest includes em ployees, provide a basic expla nation of job fundions. lf the request includes consulting or contracting fees, include a description of the scope of work. lf the request includes equipment, include a description of what the equipment will beusedfor, lftherequestincludes equipment procurement for the project. 2. Describethe proposed method of fundinB? lf funding is split between Funds (i.e. ,General ,Enterprise, G rant), please include the percentage split. List the amounts and Enterprise Fund 3. Does this request align with the Department/City's strategic plan? lf not, please explain how this request was not included in the Department/City strategic plan? Yes. This request aligns with the following strategic objectives: WA-6, Enhance and protect water quality. WA-g, Meetconstantly more stringent reSulatory requirements under the Safe DrinkinS Water Act. 4. Ooes this request require resources to be provided by other departments? lf yes, please describe the necessary resources to be provided by other departments No 5. Does this enhancement include anv needed Eouioment or Software that utili2e the Citv's network? lYes or No)No 6. Anv add itional com ments? Title:Well 22 Water Treatment Department Name:Public Works City ot Meridian FY2017 Budget Enhancemenl Form (E-100)F:\BUDGET\FY2o1nWateAFY2o17 Eudget Enhancement Form_Water_#11_Well 22 Waler Trealmenl  Page 1 Memo To: C. Jay Coles, City Clerk, From: Keith Watts, Purchasing CC: Kyle Radek Date: 9/29/16 Re: October 4th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 4th City Council Consent Agenda for Council’s consideration. Approval of Task Order 10626.a to J-U-B Engineers, Inc. for the “Well 22 Water Treatment Facility” for a Not-To-Exceed amount of $243,700.00. Recommended Council Action: Award of Task Order 10626.a to J-U-B Engineers Inc. for the Not-To-Exceed amount of $243,700.00 Thank you for your consideration. City of Meridian Purchasing Dept. 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: N/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 $243,700Kyle Radek If yes, has policy been purchased? JUB Engineers, Inc. III. Contract TypeII. BUDGET INFORMATION (Project Manager to Complete) 60 3490 96133 10626.A TASK ORDER 1d RFP / RFQBID VII. TASK ORDER SELECTION (Project Manager to Complete) Met with JUB to scope project, compared past task order budgets on recent projects of similar scope. Negotiated line items to an agreeable amount. N/A Award based on Low Bid Highest Ranked Vendor Selected VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved Warren Stewart 9/2/2016 I. PROJECT INFORMATION 8/24/2016 8/1/2017 N/A 2017 9/2/2016 Public Works Well 22 Water Treatment Facility Design V. BASIS OF AWARD N/A N/A IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION 9/25/2014 N/A N/A N/A N/A GoodstandingN/A N/A Meridian City Council Meeting DATE: October 4, 2016 ITEM NUMBER: 6Q PROJECT NUMBER: ITEM TITLE: Police Department: Renewal and Modification Intergovernmental Agreement Among Law Enforcement Agencies of Ada County, Idaho for Consolidated Records Management System (RMS) 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 AGREEMENT NO. 10592-3-16 RENEWAL AND MODIFICATION INTERGOVERNMENTAL AGREEMENT AMONG LAW ENFORCEMENT AGENCIES OF ADA COUNTY, IDAHO FOR A CONSOLIDATED RECORDS MANAGEMENT SYSTEM (RMS) THIS RENEWAL AND MODIFICATION AGREEMENT is entered into this day of , 2016, by and between the City of Boise, on behalf of the Boise Police Department (BPD), Ada County, on behalf of the Ada County Sheriff's Office (ACSO), and the City of Meridian, on behalf of the Meridian Police Department (MPD)(hereinafter collectively "Parties"). WITNESSETH: WHEREAS, the Parties entered into Ada County Agreement No. 10592 for consolidated records management on December 17, 2013 (hereinafter "Agreement"); and WHEREAS, said Agreement ended on September 30, 2014; and WHEREAS, said Agreement was renewed as Agreement No. 10592-1-15 for the period beginning October 1, 2014, through September 30, 2015; and WHEREAS, said Agreement was renewed as Agreement No. 10592-2-15 for the period beginning October 1, 2015, through March 31, 2016; and WHEREAS, the Parties acknowledge that New World Systems Corporation, which provided the Aegis MSP software system design, installation and support for the consolidated records management, was acquired by Tyler Technologies, Inc. that assumed the maintenance and support for the consolidated records management that is the subject of the Agreement; WHEREAS, it is now the mutual intent of the Parties to renew said Agreement for an additional nine-month term. The County has approved the FY 17 budget and appropriated the amount required for the contract payments payable under this Agreement. NOW, THEREFORE, this Agreement does renew Agreement No. 10592 for the period beginning April 1, 2016, through December 31, 2016, including Exhibit A attached hereto and made a part hereof, with the following modifications, and deleting Exhibit B. 1. The "Payment for Maintenance and Technical Support Services" paragraph in Exhibit A is modified to read as follows: The cost of the "Maintenance and Support Agreement" between Ada County and Tyler Technologies, Inc. for the period from April 1, 2016, to December 31, 2016, is $118,709.00. This cost will be apportioned between the City of Boise Police and Ada County Sheriff's Office in the same percent as in the previous agreement (Agreement No. 10592-2-15), with the exception that Meridian Police will not RENEWAL INTERGOVERNMENTAL AGREEMENT AMONG LAW ENFORCEMENT AGENCIES OF ADA COUNTY, IDAHO — PAGE 1 have a reimbursement obligation; and the City of Boise Police and Ada County Sheriff's Office will evenly split the prior 15% Meridian Police obligation, as follows: a. City of Boise Police - $77,754.40 (65.5%). b. Ada County Sheriff's Office - $40,954.60 (34.5%). 2. City of Boise is not requesting reimbursement for IT Hardware, Software Maintenance, or Professional Services. 3. The Parties will make the payments outlined above directly to Tyler Technologies, Inc. at: Tyler Technologies, Inc. 840 West Long Lake Road Troy, MI 48098 IT IS FURTHER AGREED that this modification is effective as of the I S` day of April, 2016 and that all other provisions of the Agreement shall remain in full force and effect and shall not in any way be modified, changed, altered, or amended by this Renewal Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. Board of Ada County Commissioners Jim Tibbs, Commissioner Rick Yzaguirre, Commissioner David L. Case, Commissioner Date ATTEST: Christopher D. Rich, Ada County Clerk RENEWAL INTERGOVERNMENTAL AGREEMENT AMONG LAW ENFORCEMENT AGENCIES OF ADA COUNTY, IDAHO — PAGE 2 Date Date ATTEST: City Clerk Date / / / ')P, ATTEST: City C16rfk ADA COUNTY SHERIFF'S OFFICE itz Approved as to form: Stephen Bartlett Ada County Sheriff Joseph Mallet Chief Legal Advisor to the Sheriff CITY OF BOISE M. In David H. Bieter Mayor Tammy)�re Weerd d Cirv.of v w rDlAN SEAL / RENEWAL INTERGOVERNMENTAL AGREEMENT AMONG LAW ENFORCEMENT AGENCIES OF ADA COUNTY, IDAHO — PAGE 3 EXHIBIT A SCOPE OF SERVICES 1. Definitions: Data: For purposes of this Agreement, data shall be any piece of digital information produced by the agency that has been converted from the legacy system (IBM AS/400), or created, collected, input, and subsequently stored on the RMS while that agency is a party to this Agreement, including but not limited to Incident Tracking System (ITS) information and National Incident -Based Reporting Standards (NIBRS) information. Failover: Backup operational mode in which designated functions of a system are assumed by secondary system components when the primary component becomes unavailable through a major system failure, thus ensuring a mission -critical system is always available. Level of Authority: Level of access assigned to each user's account in order to access data within the RMS system. Records Management System: Consolidated and collaborative system comprised of data and related work processes for collecting, storing, and sharing public safety information, including police and sheriff department records pertinent to all parties covered under this Agreement. 2. Coordination and Communication among the Agencies: a. Application Administrator: Each agency shall designate both a primary and backup Application Administrator to maintain the RMS application and provide those persons' names, titles, addresses, phone numbers, and email addresses to the other groups listed in this Paragraph. It will be the role of the Application Administrator to assign a user ID, log -ins, and passwords for each user within his agency. b. Business Rules/Processes Board Member: Each agency shall designate a Business Rules/Processes Member, who will be responsible for providing input and establishing standard business processes and standard configuration of RMS for continuity of usage across all agencies, and provide that person's name, title, address, phone number, and email address to the other groups listed in this Paragraph. c. Notification Groups: Each agency shall maintain a standard list of contacts to which communication will be made regarding scheduled system down-time, emergency system down-time, and/or status of reported issues. d. Executive Committee: The governing board presiding over the RMS system and processes, comprised of a representative from each agency as designated by each agency's chief law enforcement officer or designee and convening only as needed to provide general agency direction to the Steering Committee and/or RMS Project Manager. e. RMS Project Manager: The Steering Committee members shall designate a Project Manager as needed for the planning and coordinating of future implementations (expansions) of RMS and provide that person's name, title, address, phone number, and email address to the other groups listed in this Paragraph. RENEWAL INTERGOVERNMENTAL AGREEMENT AMONG LAW ENFORCEMENT AGENCIES OF ADA COUNTY, IDAHO — EXHIBIT A f. Steering Committee Member: Each agency shall designate a Steering Committee Member, who will be responsible for directly addressing issues identified by the Project Manager and guiding the Project Manager with regard to future RMS implementations and on-going support, and provide that person's name, title, address, phone number, and email address to the other groups listed in this Paragraph. It will be function of the Steering Committee Member to identify the RMS users in his agency and document each user's level of authority and security profile and to coordinate with the Application Administrator, who will assign user ID's, log -ins, and passwords. g. Technology Advisory Board Member: Each agency shall designate one of its IT employees as a Technology Advisory Member, who will be responsible for providing technology advice to the Steering Committee, Business Rules/Processes Board, and Project Manager, and provide that person's name, title, address, phone number, and email address to the other groups listed in this Paragraph. If, after the designated individuals have been named from each agency, any agency wishes to subsequently change its aforementioned candidate(s), the agency must notify all of the other groups listed above in writing, by means of the notification groups. This is critical to ensure all appropriate parties are kept informed of activities impacting the use of RMS. 3. Procedures for New Implementations: If a new implementation is needed, the Steering Committee will designate a Project Manager, who, along with the Steering Committee will work with the assigned project manager from New World Systems, the licensor of the Aegis MSP software suite, to develop an implementation schedule and timeline. The Project Manager will keep the agencies informed of project progress, the anticipated cost of the initiative, and of any decisions to modify the schedule. The parties should cooperate as required for the efficient and prompt completion of tasks. 4. City of Boise Police Department Responsibilities: a. Serve as the agency hosting Aegis MSP RMS on behalf of Ada County for all agencies formerly served by Ada County as listed herein. b. Provide annual estimates, percentage adjustments, and invoices to each agency for annual maintenance and support for services provided by City of Boise Information Technology resources as described in Exhibit B "Costs and Payments." c. Acquire and work with third party vendors as may be required to provide the services described in Exhibit A, Paragraph 7, not provided by New World Systems. d. Provide, maintain, and publish the process for other agencies to report technical support issues to the City of Boise Help -Desk as described in Exhibit A, Paragraph 7. e. Provide and coordinate ongoing maintenance and technical support services to other agencies within the scope described in Exhibit A, Paragraph 7. f. Provide storage of all agencies' RMS data as required for record retention pursuant to applicable Idaho statutes. Storage requirements will be assessed annually prior to Agreement renewal and associated increased will be included in Exhibit B "Costs and Payments." RENEWAL INTERGOVERNMENTAL AGREEMENT AMONG LAW ENFORCEMENT AGENCIES OF ADA COUNTY, IDAHO — EXHIBIT A g. Keep other agencies informed of issues reported to City of Boise and of technical issues reported by City of Boise to New World Systems by utilizing the common Notification Group identified in Exhibit A, Paragraph 2. 5. Individual Participating Agency Responsibilities: a. Provide project management services as the need arises based upon the selection of the project manager as agreed upon by all agencies. b. Assign the following resources: primary and backup Application Administrator, Business Rules/Process Board member, Steering Committee member, and a Technology Advisory Board member to function as described in Exhibit A, Paragraph 2. c. The Steering Committee member shall identify those members of his/her agency who will be users of the RMS. The level of authority and security profile for each user from each agency will be documented by the Steering Committee member within each agency. The Steering Committee Member shall coordinate with the applicable Application Administrator who will assign a user ID/log-ins and passwords for each user within their respective agency. d. Immediately report to the Application Administrator when a RMS user ceases to use RMS, or leaves the employment for any reason, in order to inactivate the user account in RMS. The Application Administrator will inform the agency Steering Committee member of the account that has been inactivated. e. Immediately report to the agency's IT Department, through the support request process shown in Exhibit A, Paragraph 7, when an RMS user ceases to use RMS, or leaves employment for any reason, in order for the RMS client software to be removed from the user's machine if applicable. f. Immediately report to the City of Boise Help -Desk, through the support request process shown in Exhibit A, Paragraph 7, when an RMS user ceases to use RMS, or leaves the employment of the agency for any reason, in order for City of Boise IT to remove any associated account from the applicable remote access servers. g. Ensure that all users only use the RMS for valid law enforcement and public safety purposes, according to law and defined procedures. h. Promptly report any suspected security breaches to the Application Administrator. i. Handle requests for release of records in accordance with Exhibit A, Paragraph 6, and as required by law. j. Ensure that all data entered onto the RMS shall adhere to "Data Entry Standard Procedures" to be established by the Business Rules/Process Board; the agency Application Administrator shall be responsible to ensure all users of that agency adhere to the standards. k. Acquire, maintain and administer necessary hardware equipment and desktop software applications necessary for accessing the RMS from the agency's local site. 1. Provide the agency's own local network connection capable of communicating effectively with the RMS on the City of Boise network. in. Ensure agency's own underlying technology, including GIS data, is kept current so as not to hinder or impede usage of the RMS by other agencies. RENEWAL INTERGOVERNMENTAL AGREEMENT AMONG LAW ENFORCEMENT AGENCIES OF ADA COUNTY, IDAHO — EXHIBIT A n. Handle technical problems at the local level including local connectivity issues, report unresolved problems according to Exhibit A, Paragraph 7, and follow all instructions given by the technical support service providers of New World Systems and/or City of Boise IT, as applicable. o. Request technical assistance from the City of Boise IT Department by following the support request process as described in Exhibit A, Paragraph 7. p. Maintain the agency's applicable software license, maintenance, and support contracts as may be required to continue to meet the purposes of this Agreement through FY15 and for each renewal year thereafter. 6. Security and Release of RMS Data: a. All data converted from the legacy system (IBM AS/400), or created, collected, input, and subsequently stored on the RMS shall be the sole property of the agency that produced the data, with each agency granting to each other consent to use and review the data only for lawful law enforcement purposes and in accordance with other procedures described herein. Each agency shall be responsible for responding to Idaho public records requests (PRRs), and any other requests made to said agency to view, access, or release agency's own data. Access to data on the RMS is limited to the parties to the Agreement. If a request is made of one agency for release of data of another agency, the requestor shall be directed to the party that produced that data. b. Agencies shall retain the ability to secure data, documents, photos and audio as deemed necessary for investigative integrity. 7. Maintenance and Technical Support Services: Maintenance. The City of Boise shall: a. Provide and maintain the PRODUCTION Aegis MSP software system and in the optimal configuration as designated by New World Systems. b. Provide and maintain the TEST/TRAINING Aegis MSP software system and in the optimal configuration as designated by New World Systems. c. Install Aegis MSP software upgrades as made available by New World Systems or otherwise permit New World Systems to install upgrades consistent with the standard software maintenance agreement with Ada County. d. Ensure City of Boise's contributions to GIS data are kept current, and that all agencies' GIS data are aggregated and made available in the RMS so as not to hinder or impede usage of the RMS by the other agencies. e. Using the Notification Group, coordinate scheduled system down-time in advance. f. Using the Notification Group, notify agency contacts in the event of an emergency or otherwise unplanned, system downtime event. g. Perform backups of both Production and Test/Training data on a nightly, and incremental, backup schedule. h. Provide Storage Area Network (SAN) for secure storage of data records and associated record attachments of all file format types with the exception of video RENEWAL INTERGOVERNMENTAL AGREEMENT AMONG LAW ENFORCEMENT AGENCIES OF ADA COUNTY, IDAHO — EXHIBIT A files. Note: Attachments are only possible via the desktop client remote access (not possible through Citrix). i. Provide a failover system that will allow an alternate location to access data in the event the primary location is unavailable for a period of greater than eight (8) hours. NOTE: The failover process may require an 8 -hour time period to execute, and only data will be available (attachments are NOT included in the failover location). j. Provide the backup and failover technology in a separate, secure geographic location other than the location of primary production and test/training environments. k. Provide a copy of the data, if requested, by any agency terminating its participation in the Agreement. 1. Provide a high speed wide -area network connection physically located between all agencies from the production, test/training, and failover environments to the point of local network connection at the other agency locations. m. Maintain and provide technical support for the designated method of remote access currently provided by Citrix software. Note: Uploads/attachments are NOT possible directly from local drives or external storage devices (PC, flash drives, any other external device); uploads/attachments are only possible through the local client installation. n. Provide to agencies instructions for Citrix remote access installation. o. Provide to agencies instructions for the Aegis MSP desktop client installation. p. Maintain all software licenses, maintenance, and support contracts associated with required third parry vendors, such as Citrix. Technical Support Services. The City of Boise shall provide the following types of technical support after proper internal triage process has occurred as described in Figure 1: a. Help -Desk services b. Desk -top support services c. Network administration d. Server administration e. Application administration f. Database administration g. Development services h. GIS services i. After-hours emergency support j. Contact with the New World Systems vendor RENEWAL INTERGOVERNMENTAL AGREEMENT AMONG LAW ENFORCEMENT AGENCIES OF ADA COUNTY, IDAHO — EXHIBIT A Figure 1— Multi -Agency Issue Reporting Process: The Multi -Agency Issue Reporting Process is described as follows: Level 1 Support — Application Administrator: An RMS user experiencing an issue shall report the issue first to the agency's Application Administrator, who shall first rule out any process/procedural issues. If the Application Administrator is unable to resolve the issue, it is escalated to Level 2 - the agency's internal IT staff. See note under Level 4 that describes if the Application Administrator determines at this point the issue is a New World Systems' support issue, the Application Administrator may contact the vendor directly to report the issue. Level 2 Support — Agency's internal IT staff: The Application Administrator shall report the issue to the agency's internal IT staff, who shall first attempt to resolve all local hardware, software issues, and/or local area network issues. If the agency's internal IT staff is unable to resolve the issue, it is escalated to Level 3. See note under Level 4 that describes if the agency's internal IT staff determines at this point the issue is a New World Systems' support issue, the agency's internal IT staff may contact the vendor directly to report the issue. Level 3 Support — City of Boise Help -Desk: The Application Administrator or agency IT staff shall report the issue to the City of Boise Help - Desk by phoning 384-3767 during normal business hours, after-hours, and on weekends; the Help -Desk will triage the issue and assign it to the appropriate Boise IT personnel, who will then work with the reporting agency until resolved. If the City of Boise IT staff is unable to resolve the issue, staff will escalate the issue to Level 4, New World Systems technical support. See note under Level 4 that describes if the City of Boise IT staff determines at this point the issue is RENEWAL INTERGOVERNMENTAL AGREEMENT AMONG LAW ENFORCEMENT AGENCIES OF ADA COUNTY, IDAHO — EXHIBIT A ,ES _ V L C Iae+ilies— w ll'] - ��� GENGY IT e7 YES US'a tl tl AdMhSVWl _ tl C - VEA9IXt NO 0 0 F.ImI I1005teiul - If at Enals nolaAlbn 61Ws Ipf velun fenddt NCOII �� W -V le N V b1/YY bNW m krkn Q .0151,11' YES aab—, man° 1ppAaW lT (� I— mpabtn AppiraSon 16atlY6? obe ar VaMM SER Baca 1T lestiva7 YE aoen tl N AdnlWabr O VEt.'OOIi NO m EI1Ws Emalh EmNs ao1T Son rwificafan nW-tbn ab h NN�� bNYY aaYrYn v V..W V.16. Vm W VaMb AdA— rwivaa Ia1aMa - rrso3as reaoA.b rapollhp apalfry al 2 The Multi -Agency Issue Reporting Process is described as follows: Level 1 Support — Application Administrator: An RMS user experiencing an issue shall report the issue first to the agency's Application Administrator, who shall first rule out any process/procedural issues. If the Application Administrator is unable to resolve the issue, it is escalated to Level 2 - the agency's internal IT staff. See note under Level 4 that describes if the Application Administrator determines at this point the issue is a New World Systems' support issue, the Application Administrator may contact the vendor directly to report the issue. Level 2 Support — Agency's internal IT staff: The Application Administrator shall report the issue to the agency's internal IT staff, who shall first attempt to resolve all local hardware, software issues, and/or local area network issues. If the agency's internal IT staff is unable to resolve the issue, it is escalated to Level 3. See note under Level 4 that describes if the agency's internal IT staff determines at this point the issue is a New World Systems' support issue, the agency's internal IT staff may contact the vendor directly to report the issue. Level 3 Support — City of Boise Help -Desk: The Application Administrator or agency IT staff shall report the issue to the City of Boise Help - Desk by phoning 384-3767 during normal business hours, after-hours, and on weekends; the Help -Desk will triage the issue and assign it to the appropriate Boise IT personnel, who will then work with the reporting agency until resolved. If the City of Boise IT staff is unable to resolve the issue, staff will escalate the issue to Level 4, New World Systems technical support. See note under Level 4 that describes if the City of Boise IT staff determines at this point the issue is RENEWAL INTERGOVERNMENTAL AGREEMENT AMONG LAW ENFORCEMENT AGENCIES OF ADA COUNTY, IDAHO — EXHIBIT A a New World Systems' support issue, the City of Boise IT staff may contact the vendor directly to report the issue. Level 4 Support — New World Systems technical support: Any of the three previous levels of support shall escalate the issue directly to New World Systems if it is determined at that level that the issue requires vendor assistance to resolve. If this option is pursued by any previous level of support, the reporting entity must utilize the Notification Group to advise all other agencies that an issue has been reported to the vendor and subsequently to advise all other agencies when the issue has been resolved. After Hours Support. The Aegis MSP system has been classified as an URGENT system, which is any system that, when inoperable, causes disruption to services being rendered to the public. Systems in this class must be repaired within a reasonable amount of time. The City of Boise IT Department's normal operating hours are from 7AM to 5PM Monday through Friday. After Hours support will be from 5PM to 7AM the following day. Weekends and holidays are considered after hours support 24/7. After hours contact should be made by phoning 384-3767. A Help -Desk representative will be available to answer the call 24/7. If for some reason, the call is missed, a return phone call will be made within 15 minutes from receiving the first, voice mail. If the issue cannot be resolved within a half an hour by this first point of contact, the issue will be escalated to tier 3 support (IT specialist). The IT specialist shall begin troubleshooting no later than 3 hours from being dispatched by the Help -Desk and subsequently remain engaged until the issue is resolved. Note: Boise City holidays include: Veterans Day, Thanksgiving Day, Christmas Day, New Year's Day, Martin Luther King/Human Rights Day, Presidents Day, Independence Day, and Labor Day, and one other floating holiday. Exception: Portions of fiber within the wide area network between agencies are dependent upon the Ada County Highway District (ACHD); disruptions in network connectivity created by an outside entity such as ACHD are beyond the control of the City of Boise; however, City of Boise IT will work with, and/or remain in contact with, such entity until the issue is resolved. City of Boise IT will publish to the Notification Group periodic progress reports until the issue is resolved. NOTE: A window of down-time will, from time to time, be required in order to perform routine, planned maintenance on the RMS (i.e. apply service packs, upgrades). Notification regarding scheduled down-time will be published in advance to the Notification Group. If technical support calls are received during scheduled down-time, the calls will be logged and users notified when the service is back up and running. Payment for Maintenance and Technical Support Services. The maintenance and technical support services described above shall be funded by the agencies, according to Exhibit B "Costs and Payments." i RENEWAL INTERGOVERNMENTAL AGREEMENT AMONG LAW ENFORCEMENT AGENCIES OF ADA COUNTY, IDAHO — EXHIBIT A Meridian City Council Meeting DATE: October 4, 2016 ITEM NUMBER: 6R PROJECT NUMBER: ITEM TITLE: Resolution No. I �� ��% : A Resolution of the City of Meridian Vacating the 5 -Foot Wide Property Drainage, Utility Construction and Maintenance Easement Along the Shared Lot Lines between Lots 2 & 3 and Lots 3 & 4, Block 5, Gemtone Center Subdivision, No. 5. MEETING NOTES 9 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. �(� /%70 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION VACATING A 5 -FOOT WIDE PROPERTY DRAINAGE, UTILITY CONSTRUCTION AND MAINTENANCE EASEMENT ALONG THE SHARED SIDE LOT LINES BETWEEN LOTS 2 & 3 AND LOTS 3 & 4, BLOCK 5, GEMTONE CENTER SUBDIVISION NO. 5 LOCATED IN A PORTION OF THE SOUTHWEST ONE QUARTER OF THE NORTHEAST ONE QUARTER OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 27, 2016 the City Council of the City of Meridian, held a hearing on the vacation of the 5 -foot wide drainage, utility construction and maintenance easement along the shared side lot lines between Lots 2 & 3 and Lots 3 & 4, Block 5, Gemtone Center Subdivision No. 5, located as shown in the attached Exhibit "A". WHEREAS, the subject property is located at 2425, 2463, and 2501 E. State Avenue in a portion of the Southwest One Quarter of the Northeast One Quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the 5 -foot wide drainage, utility construction and maintenance easement along the shared side lot lines between Lots 2 & 3 and Lots 3 & 4, Block 5, Gemtone Center Subdivision No. 5, located in a portion of the Southwest One Quarter of the Northeast One Quarter of Section 8, Township 3 North, Range 1 East Boise Meridian, City of Meridian, Ada County, Idaho, is hereby vacated. A copy of the necessary relinquishment is attached as Exhibit "A". GEMTONE CENTER NO. 5 - H-2016-0105 PAGE I OF 2 Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this L� day of oG�p Ge -r , 2016. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of ATTEST: 6;Q1P,V- .2016. C.Ay 4Co1jes,tyC1erk STATE OF IDAHO, ) ss County of Ada ) TEDq `Pity of w O' E IDIAN*.- Z IDAHO On this `f da d ' Y of� -� C% h�� ✓ 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and C.JAY COLES, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. M •• (SEAL) ; --Aq---.,C`+,� ••gyp'--- ���. �. M (,cj t> - c L - A\A NOTARY PUBLIC OR IDAHO RESIDING AT: A W` U— T MY COMMISSION EXPIRES: GEMTONE CENTER NO. 5 —H-2016-0105 PAGE 2 OF 2 EXHIBIT A Legal Descriptions and Exhibit Maps Depicting the Utility Easements Proposed to be Vacated May 20, 2016 Project No. 116070 TI -I I? LA\rJ C ROtt P, H 0 T 2, LLLLP, UTILTY EASEMENT VACATION Lots 2/3 EXHIBIT'A' Page I of t A 10.00 foot wide easement, being 5.00 feet on each side of described line, located in a portion of the Southwest One Quarter of the Northeast One Quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho more particularly described as follows: COMMENCING at the Northwest corner of Gemtone Center No.5, Book 90, Page 10575, Ada County records, thence on the west boundary line of said Gemtone Center No.5, South 00'06'14" West, 56.00 feet, thence leaving said west boundary line, North 89°41'40" East, 119.88 feet, on the Southerly Right -of -Way line of East State Avenue, to the POINT OF BEGINNING; Thence South 00"06'53" West, 354.08 feet, to a point on the northerly lot line of Lot 1 of said Gem -tone Center No.5, and the POINT OF TERMINUS. The side lines of this easement are to be extended or shortened to create a continuous 10 foot strip of land. The above described easement contains 3540 sq.ft, / 0.081 acres more or less, subject to all existing easements and rights-of-way of record. Attached hereto is Map Exhibit "B" and by this reference is made a part h PREPARED BY: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445(fax) Michael S. Femenia 55 t r '4OF i 05J 2012016 0 - = www.thelandrroupmC.com Gemtone Center No. 5 — VAC (H-2016-0105) - 1 - EXHIBIT A N89'41'40"E 583.00' _ T NW'Lv CORNER GEMTONE NO.5 EAST STATE AVENUE' �, v .n I POH N89°41'40"E 339.84' 99.84' 120.00' 120.00' I 20.04' 10' 10' �I r I I I vae�-�rrDawin�EuiDnwx III I EAUM647, id H YgMEO i1 2 I I 3 i) I 4 I`� II� I fA ►� 111 I y In lf] ,GROUP '� ��rrhry� C! © V M [7 . � a M In -iiM 7 o o � I v� a I Ian ® � o o I I BLOCK 5 cn I I (' I I I a a 550 iI II sT 7r ifof0 ti0 I 99.78' I L 120.00' 05%20/ 2016 120.00' • s _ — — • 1 S89°41'40'W 339.78' • y479,82' S89°41'40'W 479.82' NO CAP n EAST PINE AVENUE C1/4 o Utility Easement Vacation Lots 2/3 w izo- LMETMOMUMMif NDPI2LNTA1 SCAlE: 1 • - C9 01 THE LAND ,GROUP fb2 E.sst:non tne, L,ita 1C0 E'aG�.I�Sfi 6J5Ib . � a Fticra ��cJ3.4D:t•Eit2CA.:J3.G�J= Meridian H 0 T 2, LLLLR Utility Easement Vacation Exhibit "B" Rim Gemtone Center No. 5 — VAC (H-2016-0105) - 2 - May 20, 2016 Project No. 116070 EXHIBIT A T"U LAND GRUMP, INC. H 0 T 2, LLLLP, UTILTY EASEMENT VACATION Lots 3/4 EXHIBIT'A' Page 1 of 1 A 10.00 foot wide easement, being 5.00 feet on each side of described line, located in a portion of the Southwest One Quarter of the Northeast One Quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho more particularly described as follows: COMMENCING at the Northwest corner of Gemtone Center No.5, Book 90, Page 10575, Ada County records, thence on the west boundary line of said Gemtone Center No.5, South 00'06'14" West, 56.00 feet, thence leaving said west boundary line, North 89'41'40" East, 239.88 feet, on the Southerly Right -of -Way line of East State Avenue, to the POINT OF BEGINNING; Thence South 00'06'53" West, 354.08 feet, to a point on the northerly lot line of Lot 1 of said Gemtone Center No.5, and the POINT OF TERMINUS. The side lines of this easement are to be extended or shortened to create a continuous 10 foot strip of land, The above described easement contains 3540 sq.ft. / 0.081 acres more or less, subject to all existing easements and rights -o# --way of record. Attached hereto is Map Exhibit "B" and by this reference is made a part PREPARED BY: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445(fax) Michael S. Femenia '�l 4TH OF \EI S. 0-5712012016 AF - : - -. ...- seww.tnelendarouni�r.corvy Gemtone Center No. 5 — VAC (H-2016-0105) - 3 - EXHIBIT A N89'41'40`E 503.00' _ PAVLY CORNER GEMTONE NO.5 EAST STATE AVENUE POD N89141'40'E 339.84' p' — , Tf ~ RIUi •r 111V4 • WW 0' + • 99.D4' j 120.00' 120.00' i f 20.04' 10' 10' !� c I ,I III I I I I I 1'RS1�E({iY (MfFl4t�rti{O UTILITY III C� I IENSVI'Mr, TOM 4htArm I I� 2 I � 3 ,•I �. M •S (�D Z I I Q I En 7 M QcD O 61 (I BLOCK 5 I i 550 i 0 I I I' II w T I s Of 4 —'s. 21 • 9s- _ -120.00' _ 05 / 120.00' 72016 S89'41'40''W 339.78' _ _479.8?.'— pl S89'41'40"W 479.82' NO CAP EAST PINE AVENUE cim 6, 1N Utili G Easement Vacation Lots 3/4 T� - tgRltOltt/+' SCN �: I• = f0 j\ /�•►� THE LAND GROUP— TI, INvCO»,tkTIM H 0 T 2 LLLLP °:r• !2- 4.7 2 4.2 Frl ::ule ikR 3916 100 ! cl�;,ao-.- �uv ` ....b Utility Easement Vacation „ . fiw-a 21S.433.CDI1•Faa w17R533_�{35 r • Exhibit "B" Weridian Idaho Gemtone Center No. 5 — VAC (H-2016-0105) - 4 - Meridian City Council Meeting DATE: October 4, 2016 ITEM NUMBER: 6S PROJECT NUMBER: ITEM TITLE: Acceptance Agreement - Main Street & Fairview Avenue Artwork: "Natives" 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 ACCEPTANCE AGREEMENT MAIN STREET & FAIRVIEW AVENUE ARTWORK: "NATIVES" ff,�tob2,-- This ACCEPTANCE AGREEMENT is made thisday of Seplmber, 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 artwork 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 H.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 Panties 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 manner 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 I 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. 11. WAivE.it. Artist hereby waives and releases, on behalf of liimself, his employees, agents, heirs, executors, administrators, assigns, and/or personal representatives, any and all claims and/or rights for damages lie 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 Sep hbbeer, 2Q16. ARTIST: J. Reneh, C esign (;ITT BY: Attest: C. ACCEPTANCE.. AGREEMENT NATIVEs �QOa,,TEDA,j T S v A ^ (�itvuf w L_: V E IDIAN�_- IDANO to_ SEAL -6tI PAGr•.2 of Meridian City Council Meeting DATE: October 4, 2016 ITEM NUMBER: 6T PROJECT NUMBER: ITEM TITLE: l b " «7t Resolution No.: Resolution Signifying City's Final Acceptance of Main Street & Fairview Avenue Artwork "Natives" by C.J. Rench 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 RESOLUTION NO. /& /I —/ r BY THE CITY COUNCIL: 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 Sheet 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. o&v boy - ADOPTED by the City Council of the City of Meridian, Idaho, this —�/— day of Se,pember, 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this L/ day of Seja%mber, 2016. 06*be-1 APPROVED: ATTEST: A B�. C.Ja Coleli EXHIBIT A MAINTENANCE PLAN Meridian City Council Meeting DATE: October 4, 2016 ITEM NUMBER: $A PROJECT NUMBER: ITEM TITLE: Hometown Hero Award Presented to Jaxson, the Fire Dog 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: October 4, 2016 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS MAYOR’S YOUTH ADVISORY COUNCIL UPDATE October 4th, 2016 Council Chambers MYAC Orientation •Held two meetings on August 29th •Over 200 students in attendance •Now set at 194 students •New members joining each week Youth on Commissions •Six MYACers were appointed positions on various commissions •Lance Baumgartner on Transportation Commission •Kayla McNay on Parks and Rec Commission •Taylor Farmer on Meridian Arts Commission •Ella Kramer on Historic Preservation Commission •Victoria Madrigal on Solid Waste Advisory Commission Treasure Valley Youth Safety Summit •Over 200 students and 30 adult volunteers •Learned the dangers of texting and driving •Experienced how bullying can\ impact a person’s life •Got a glimpse of how drugs and alcohol can impair judgment Treasure Valley Youth Safety Summit •Parent panels •Seatbelt safety •Distracted driving •Workshops on how to deal with stress •Ninja training September 26th General Meeting •Three guest speakers •Officer Gomez on Suicide Awareness •Dan Clark from Meridian Food Bank on how to assist peers and families in need of help •Rocky Detwiler from Samson Life on suicide prevention Questions? Meridian City Council Meeting DATE: October 4, 2016 ITEM NUMBER: 9B PROJECT NUMBER: ITEM TITLE: Legal Department: Waiver of City Purchasing Policy Regarding Disposal of Property 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 EIDIAN-1--ft-11 DATE:. OCTOBER 4, 2016 TO: MAYOR AND CITY COUNCIL FROM: BILL NARY, CITY ATTORNEY RE: 'WAIVER OF CITY PURCHASING POLICY RE: DISPOSAL OF PROPERTY INTRODUCTION AND BACKGROUND: As part of the development process and pursuant to the City Code; connections to the City sewer and water system must be installed by the owner/developer of the property. The portions that are determined to be public infrastructure are then turned over to the City, at no cost to the City, for the future maintenance and operation of the facility in perpetuity. If a portion of the public infrastructure is on private property the City will also require an easement to access the infrastructure. The Wal-Mart development at Ten Mile and McMillan has public infrastructure on the exterior of the building within the delivery and parking area on the west and south sides of the building. The value of the original donated infrastructure was $76,885.00. Due to some changes in their operation Wal-Mart is seeking to expand their building over a portion of the public infrastructure on the south side of the existing building. They have requested that the City relinquish ownership of just the south side portion of the infrastructure and allow Wal-Mart to own and maintain that portion in perpetuity. STATE CODE AND CITY POLICY The State Code requires municipalities to sell real property, found, or seized property by auction, or by some additional methods that are outlined in the code. Other tangible property can be surplused in other ways pursuant to the City's policy. The current city purchasing policy doesn't contemplate a scenario such as this request before the City Council. The policy does explicitly allow the City Council to waive the policy in regards to disposal of property by resolution. The basis for the waiver should be a finding of necessity for the disposal as well as the need to allow for the disposal in a method not contemplated or covered by the policy. This situation is so unique and unprecedented the staff believes a waiver of the policy is appropriate. REQUEST AND ACTION NEEDED Wal-Mart has requested that the City relinquish the sewer infrastructure and easement on the south side of their existing building at Ten Mile and McMillan as shown on the attached exhibits at no cost to the property owner. The City would relinquish ownership of the infrastructure and adjust the value of the donated infrastructure to $60,385.00 (Original value $76,885.00 - $16,500.00 [270' of 8" sewer line @ $50.0011f+ 1 sewer manhole @ $3,000]). Public Works, Community Development, Purchasing, and Legal staff arc all in support of the request and attached resolution. A vacation of the easement will. follow in due course. Walmart Save money. Live better. Brian Frazier, Director— Real Estate Design September 28, 2016 City of Meridian — Department of Community Development 33 E Broadway Avenue Meridian, ID 83642 (208) 887-1155 Attn: Bruce Freckleton Re: Walmart #5841 5001 N. Ten Mile Rd. Meridian, ID 83646 BE # V 158013 Dear Mr. Freckleton: 2901 SE 101' Stree: Bentonville, AR 72716 ?hone 479.204.5392 Fax 479 277 5991 Colin Holmes@wakrra t cam This letter is to formally request that the City of Meridian, Idaho, vacate a portion of the sanitary sewer easement and associated infrastructure shown on the attached exhibit. Wal-Mart Stores, Inc. accepts full responsibility for maintenance and repair of the sewer line and apparatus that is contained within the vacated portion of this easement. Sincerely, Brian Frazier Director —Real Estate Design COLEMAN SUBDIVISION CITY OF MERIDIAN SEWER AND WATER EASEMENT EXHIBIT B ----------- L47 — ,' 2523---- L2�------� I 1 .� I "� f I 1 11172 1 4 I L73 I I I Ir j � rj II r' L28 1 � L431� �L30r� LOT/ I I^ 1 II I Portion of Sewer I` Easement to ba vacated �L76 1- L77 !%4 27 26 �ee�l I I I IrL76 t39 I. I L3? I l o i 4 __ L1?_Lab_—__ L ----L80 ------------L81---- Liu `$— ----------------- � _!6 __ LL "F,7 —L2 1 POINT OFA M2 I�r a BEGINNING I I I 27 !14 — ,74 L LANG 2654.67' W. McMILLAAJ 'dAD -- N 8856'28" w BASIS OF BEARING 1c ��TTF O F Ory W. �P SEE SHEET 2 FOR LIME AIVD CURVE TABLE INFORMA110N Lan olutsons Lana Surveying and Consulting 231 E.5rH 5V.STE.A MHNDJAN, IU 83642 Ie:00f 280-204U 12001188-2$57 r:uc www.1en4wJuL1onsbz PAGE f OF 2 COLEMAN SUBDIVISION CITY OF MERIDIAN SEWER AND WATER EASEMENT EXHIBIT B 114 27 26 LOT 6 1J L411 ` I Portion of Sewer I' I Easement to be vacated I L76 L77 I j L78 ts3911 :;I L32 In L3S L12- - 12_LIUL y [r 3 �9 ¢3 I ! POINT OFA L"rr Y I BEGINNING I Larr 1 I 27 114 - __ _ 34 2654.67' W, A�fcMlLLAN RfiAD N 88'55'28" W BASIS OF BEARING M i 27 26 ,i4 J5 SEE SHEET 2 FOR LINE AND CURVE TABLE INFORMATION M®1 raw w. NPS LLa*n?1utimons 0 100 200 400 nd Surveying and Consulting . 231 E. STN ST., STE- A MERIDIAN, ID 83642 I208I2ww landsolu ons,blz fax PAGE I OF 2 1 _ L49 L"'4 I I LOT 3 _-. ,-�� l25 Z f — L21 — — �Q!"';^y, f 50 Ls31 L54 L57 L50 1 I L72 � AI L62 'L65 I�L73 L74 LOT 6 1J L411 ` I Portion of Sewer I' I Easement to be vacated I L76 L77 I j L78 ts3911 :;I L32 In L3S L12- - 12_LIUL y [r 3 �9 ¢3 I ! POINT OFA L"rr Y I BEGINNING I Larr 1 I 27 114 - __ _ 34 2654.67' W, A�fcMlLLAN RfiAD N 88'55'28" W BASIS OF BEARING M i 27 26 ,i4 J5 SEE SHEET 2 FOR LINE AND CURVE TABLE INFORMATION M®1 raw w. NPS LLa*n?1utimons 0 100 200 400 nd Surveying and Consulting . 231 E. STN ST., STE- A MERIDIAN, ID 83642 I208I2ww landsolu ons,blz fax PAGE I OF 2 Sewer Easement (to be Vacated) Beginning at a point which is North 00021'14" East, along the section line, 381.60 feet and North 8938'46" West, 710.32 feet from the Southeast corner of Section 27. Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho; and running thence North 88056'29" West, 268.42 feet; thence North 0103'31" East, 20.00 feet; thence South 88°56'29" East, 268.42 feet; thence South 01°03'31" West, 20.00 feet to the point of beginning. Contains: 5,368 Sq. Ft. Meridian City Council Meeting DATE: October 4, 2016 ITEM NUMBER: 9C PROJECT NUMBER: ITEM TITLE: Resolution No. 1 — 1�7� : A Resolution of the City Council of the City of Meridian, Granting a Waiver of the City's Purchasing Policy in Regards to the Disposal of Property Regarding the Request of the Property Owner, Wal-Mart, to Relinquish Ownership of Specific Public Infrastructure Located on the Property at Ten Mile and McMillan. 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 CITY OF MERIDIAN RESOLUTION NO. 16 " /17�_ BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, GRANTING A WAIVER OF THE CITY'S PURCHASING POLICY IN REGARDS TO THE DISPOSAL OF PROPERTY IN REGARDS TO THE REQUEST OF THE PROPERTY OWNER, WAL- MART, TO RELINQUISH OWNERSHIP OF SPECIFIC PUBLIC INFRASTRUCTURE LOCATED ON THE PROPERTY AT TEN MILE AND MCMILLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Idaho Code directs the method of disposal of City real and surplus property, but allows for certain types of property and its subsequent disposal or relinquishment of the City's ownership interest to be done by policy adopted by the City Council; and WHEREAS, the City Council has established policies on methods of disposal of real and personal property, but allows for the waiver of the policy in rare and unique circumstances; and WHEREAS, the City Council has reviewed the request by Wal-Mart to relinquish a portion of the City's public sewer infrastructure generally located on the property at Ten Mile and McMillan within the city limits of the City of Meridian; and WHEREAS, the request for the relinquishment of the public sewer infrastructure to the property owner for all future maintenance and operation of that portion of sewer infrastructure in perpetuity is reasonable in light of the highly unique circumstances of this request; and WHEREAS, it is reasonable to relinquish this portion of the sewer infrastructure at no cost to the property owner, due the fact that it was originally donated to the City and the City will no longer need to provide maintenance on this portion of sewer infrastructure, and in light of the highly unique circumstances of this request; 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 relinquishes the ownership of the identified portion of the public sewer infrastructure as described in Attachment "A." Section 2. That the City will adjust the value of the original donated infrastructure to reflect the deduction of this now relinquished portion of the sewer infrastructure. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. RESOLUTION GRANTING A WAIVER OF THE CITY'S PURCHASING POLICY IN REGARDS TO THE DISPOSAL OF PROPERTY FOR WAL-MART AT TEN MILE AND MCMILLAN ADOPTED by the City Council of the City of Meridian, Idaho, this 4h day of October, 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this 4th day of October, 2016. /0'?�?0gPJED,,,,0(' i O �. SEAL 4 / ATTEST: By: _ /'-�4 C. k Cold, Clerk RESOLUTION GRANTING A WAIVER OF THE CITY'S PURCHASING POLICY IN REGARDS TO THE DISPOSAL OF PROPERTY FOR WAL-MART AT TEN MILE AND MCMILLAN EXHIBIT A /` r'-%. I r A A A Iti I f" 1 I r-2 I-'% 11 /I4 1 -% h I BAM OF BEARING NL LA JVD iST Gid 0 Ink.� q ���5 s rF OF �aN w \AP- 0 100 200 400 SITE SHEET 2 FOR LIN E AN U CURVE TABLE INFORMATION Lalmn Diuvons Land Surveying and Consulting 23 f E. 5TH ST., STF.A MERIDIAN.0 69642 1206j 298.2040[2a 288-2557 fax Y,Ww.IandsafutEonsbz PAGE I OF 2 Sewer Easement (to be Vacated) Beginning at a point which is North 00'21'14" East, along the section line, 381..60 feet and North 89°38'46" West, 71.0.32 feet from the Southeast corner of Section 27. Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho; and running thence North 88056`29" West, 268.42 feet; thence North 010331" East, 20.00 feet; thence South 88°56'29" East, 268.42 feet; thence South 01'03'31" West, 20.00 feet to the point of beginning. Contains: 5,368 Sq. Ft. Meridian City Council Meeting DATE: October 4, 2016 ITEM NUMBER: 10A PROJECT NUMBER: H-2016-0066 ITEM TITLE: Blakeslee Commons Subdivision 1. Request: Annexation and Zoning of 12.01 Acres from RUT in Ada County to the R-15 (Medium -High Density Residential) Zoning District 2. Request: Preliminary Plat Consisting of Seventy -Four (74) Single Family Residential Lots and Twelve (12) Common Lots on Approximately 12.01 Acres in the Proposed R-15 Zoning District MEETING NOTES 601✓tiNvj 1D 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: October 4, 2016 Item # 10A Project Number: Project Name: Please print your name ECEfV CITY OF H-2016-0066 Blakeslee Commons For Against Neutral Do you wish to testifv (Y/N) Marirlinn r..ifi r.n®anril Maofinn DATE: October 4, 2016 ITEM NUMBER: 10B PROJECT NUMBER: H-2016-0092 ITEM TITLE: Hill's Century Farm Commercial 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 uy 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 CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: October 4, 2016 Item # 10B Project Number: Project Name: Please print your name EC CITY OF H-2016-0092 Hill's Century Farm Commercial For Against Neutral Do you wish to testify (Y/N) City Council Meeting October 4, 2016 Item #7F: Hill’s Century Farm Commercial Zoning Map & Record of Survey ""d R1 RSW R8 RSW R-4 R-4 R-8 R4 R-2 RUT C-N R-2 R-4 R-2 R-8 RUT S E a g l e R d E Amity Rd E Lachlan St E W o o d v i l l e D r S M a r s a l a W a y E Plympton Dr E Ta c onic Dr S S t o c k e n h a m W a y E Zaldia St EMoresTrailDr S W aylan d W a y E La G r a n g e S t S Z o p i r o Ave S M o n t a g u e W a y S B u r g o L n S P a l a t i n o A v e E Taormina Dr S P i o n e e r T r a i l A v e E Fratello St E Zaldia Dr E R o c khampton St E Ragusa St E Fratello St E Ragusa St S Z o p i r o A v e E R o c khamptonSt S S t r o m b o l i P l S M a e s a i a W a y S M a r s a l a W a y E Fratello St E Lachlan St E Bott Ln ELaGrange S t S A s a y L n E Fratello S t E Decameron Ln S T i n d a r i s A v e S T i n d a r i s P l E Renwick S t E Hy p e r D r S M a r t i n e l L n S L e a n a t o A v e E Zaldia Ln E Tusa St ELodgeTrailDr S H o w r y L n E SantoStefano Dr S M a r s a l a A v e S D a V i n c i W a y S B u r g o W a y S W a y l a n d A v e S P a l a t i n o W a y S G e n o a r d A v e S G e n o a r d P l S Z a i v c l a A v e S H i l l F a r m A v e S T a v i s t o c k A v e S L i p o r i A v e E Mount Etna Dr S S e l a t i r L n S P a l a t i n o A v e Previously Approved Concept Plan Proposed Detailed Plan for Phase 1 Conceptual Building Elevations Preliminary Plat Area recommended to be included in plat per ROS #10215 Record of Survey 1 2 HILL’S CENTURY FARM SUBDIVISION HCF Commercial Sub R-8 ZONE C-N ZONE YMCA City Park Amity Rd Marti & Dixie Hill’s Home 3 4 5 6 Access Waiver Conditions 1.1.1.c & 1.1.2.b E. Hill Park St S. H i l l s d a l e A v e S. Ta v i s t o c k Av e E. Amity Rd 7 HCF Commercial AMITY WEST ADA HILL’S CENTURY FARM SUB Water Main Condition 2.1.1 8 12” 12” 12” 12” 8” 8” 8” Meridian City Council Meeting DATE: October 4, 2016 ITEM NUMBER: 1 1 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 4, 2016 ITEM NUMBER: 12 PROJECT NUMBER: ITEM TITLE: Executive Session 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 -J� 6 �-,. 0� ot,q- �+ e Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS